A Dictionary of Law

Lat. In the civil law. Aliments; means of support, ineluding food, (cébaria,) clothing, (vestitus,) and habitation, (Aabiteéie.) Dig. 34, 1, 6.

The allowance oa to a wife out of her husband’s estate for her support, either during a matrimonial suit, or at its termination, when she proves herself entitled toa separate maint

Lat. In a different view; under a different aspect. 4 Rob. Adm. & Pr. 151. With another view or object. 7 East, 558; 6 Maule & S. 234. Aliguid conceditur ne injuria rema-~ neat imp

Lat. Otherwise. A term often used in the reporis, Aliud est celare, aliud tacere. To conceal is one thing; to be silent is another thing. Lord Mansfield, 3 Burr. 1910. Aliud est di

A dilferent or foreign mode of trial. 1 Hale, Com. Law, 38.

Lat, From another source; from elsewhere; from outside. Ividence aliunde (7. e., from without the will) may be received to explain an ambiguity in a will. 1 Greenl. Ey. § 201. “ALL

In Romanlaw. <A word whieh the emperors formerly signed at the bottom of their rescripts and constitutions; ander other instruments they usually wrote stgnata or testata, Enc. Lond

Lat. Things alleged and proved. ‘fhe allegations made by a party to a suit, and the proof adduced in their support. Allegatio contra factum non est admittenda. An allegation contra

The assertion, declaration, or statement of a party to an action, made in a pleading, setting out what he expects to prove. A material allegation in a pleading is one essential to

A statement made by the wife of the property of her husband, in order to her obtaining alimony. 11 Ala. 763; 3 Tex. 108.

To state, recite, assert, or charge; to make an allegation.

Staied; recited; claimed; asserted; charged..

Todefend and clear one's aclf; to wage one’s own law.

‘The allegation in an appellate court, of soma error in asubordinate part of the xést prius reeord.

Lat. In old records. To levy or pay an accustomed fine or compo- ea sition; te redeem by such payment. Cowell.

Two cases or decisions which are alike in all material respects, and precisely similar in all the circumstances affecting their determination, are said to be or to run on “all four

The relation or union between persons or families contraeted by intermarriage, In international law. A union or association of twe or more states or nations, formed by league or tr

An allowance made upon an account in the English exchequer. Cowell.

In old English practice. A writ for allowing to an accountant such sums of money as he jiath lawfully expended in his office; directed to the lerd treasurer and barons of the exche

In old English practice. In proceedings in outlawry, when there were but two county courts holden between the delivery of the writ of exigt facias to the sheriff and its return, a

Lat. Itis allowed. A word formerly used to denote that a writ or order was allowed, A word denoting the allowance by a master or prothonotary of a bill referred for his considerati

A species of writ anciently issued in outlawry proceedings, on the return of the original writ of exigent. 1 Tidd, Pr. 128.

In criminal procedure, when a prisoner is convicted on a trial for treason or felony, the court is bound to demand of him what he has to say as to why the court should not proceed

Owners of allodial lands. Owners of estates as large as a subject may have. Co. Litt. 1; Bac. Abr. “Tenure,” A.

Free; not holden of any lord or superior; owned without obligation of vassalage or fealty; the opposite of feudal.

Land held absolutely in one’s own right, and not of any lord or superior; land not subject to feudal duties or burdens. An estate held by absolute ownership, without recognizing an

A document not written by any of the parties thereto; opposed to autograph.

When the indorsements on a bill or note have filled all the blank space, it is customary to annex a strip of paper, called an “alionge,” to receive the further indorsements.

To apportion, distribute; to divide property previously held in common among those entitled, assigning to each his ratable portion, to be held in severalty; to: set apart specific

Partition, apportionment, division; the distribution of land under an inclosure act, or shares in a public undertaking or corporation.

A writing by @ seaman, whereby he makes an assignment of part of his wages in favor of his wife, father or mother, grandfather or grandmother, brother or sister. Every allotment no

Designates the practice of dividing land in small portions for cultivation by agricultural laborers and other cottagers at their leisure, and after they have performed their ordina

By the English general inclosure act, 1845, § 108, when an allotment for the laboring poor of a district has been made on an inclosure under the act, the land so allotted is to be

Oneto whom an allotment is made, who receives a ratable share under an allotment; a person to whom land under

To grant, approve, or permit; a§ to allow an appeal or a murriage; to allow anaceount. Also to give a fit portion out of a larger property or fund.

A deduction, an average paynient, a portion assigned or allowed; the ast of allowing.

Inthe English chancery division, where properly which forms the subject of proceedings is more than suilicient to answer all claims in the proceedings, the court may allow to the p

An inferior or cheaper metal mixed with gold or silver in manufacturing or coining. As respects coining, the amount of alloy is fixed by law, and is used to increase the hardness a

Fr. One who conceals, steals, or carries off a thing privately. Britt. e. 17.

Lat. In the civil and old English law. The washing up of the sea; formation of soil or land from the sea; maritime increase. Hale, Anal. § 8 “Alluvio maris is an increase of the la

That increase of the earth on a shore or bank of a river, or te the shore of the sea, by the force of the water, as by a current or by waves, Which is so gradual that no one cain j

A nation which has entered into an alliance with another nation. 1 Kent, Comm. 69. A citizen or subject of one of two or more allied nations.

A publication, in which is recounted the days of the week, month, and year, both common and particular, distinguishing the fasts, feasts, terms, etc., from the common days by prope

In Saxon law. Almsfee; alms-money. Otherwise called “Peterpence.” Cowell.

Alms; a tenure of lands by divine service. See FRANKALMOIGNE,.

In Spanish law. A general term, signifying both export and import duties, a3 well as excise.

Charitable donations. Any species of relief bestowed upon the poor, That which is given by public authority for the relief of the poor. ALNAGER or ULNAGER. A sworn officer of the k

In old records, a place where alders grow, or a grove of alder trees. Doomsday Book; Co. Litt. 46.

This term means “by,” “on,” or “over,” according to the subject-matter and the context. 34 Conn. 425; 1 Barn. & Adol. 448; 67 Mo. 58.

ts and signals falsely and maliciously played for the purpose of bringing a vesinto danger.

In Seotch practice. An abbreviation of Alter, the other: the opposite party; the defender. 1 Broun, 336, note.

Lat. In ald English law. High treason. 4 BI. Comm. 75. See Hien TREASON.

In ecclesiastical law. Offerings made on the altar; all profits which accrue to the priest by means of the altar. Ayliffe, Parerg. 61.

Lat. In old English law. A highway; the highway. 1 Salk. 222. Alta via regia; the king’s highway;

In real property law. The transfer of the property and possession of lands, tenements, or other things, from one person to another. Termes de la Ley, It is particularly applied to

Variation; changing; making different, An act done upon a wrilten instrument, which, without destroying the identity of the document, introduces some change into its terms, meaning

A usage among diplomatists by which the rank and places of different powers, who have the same right and pretensions to precedence, are changed from time to time, either in a certa

Lat. Interchange ably. Litt. § 371; Townsh. Pl. 37. Alternativa petitio non est audienda. An alternative petition or demand is not to be heard. 5 Coke, 40.

One or the other of two things; giving an option or choice; allowing a choice between two or more things or acts to be done.

An obligation allowing the obligor to choose which of two things he will do, the performance of either of which will satisfy the instrument. Where the things which form the object

Where a new remedy is created in addition to an existing one, they are called “alternative” if only one can be enforced; but if both, “cumulative.”

A writ commanding the person against whom it is issued todo a specified thing, or show cause to the court why he should not be compelled to do it.

Lat. By alternate turns; at alternate times; alternately. Co, Litt. 4as Shep. Touch. 206.

Not to injure another. This maxim, and two others, honeste vivere, and suum cuique tribuere, (q- v.,) are considered by Justinian as fundamental principles upon which all the rules

In the Ing beyond a certain height. Dig. 8, 2, 4; Sandars, Just. Inst. 119.

High and low. This phrase is applied to an agreement made between two contending parties to submit all matters in dispute, adio et basse, to arbitration. Cowell.

Lat. In old English law. The high sea, or seas. Co. Litt. 0b. The deepsea, Super altwm mare, on the high seas. Hob, 212b.

A child which one has nursed; a foster-child. Dig. 40,2,14. One educated at a college or seminary is called an “alumnus” thereof.

The bed or channel through which the stream flows when it runs within \t8 ordinary channel. Calvin. Alveus derelictus, « deserted chanuel. Mackeld. Rom. Law, § 274.

A term applied in England to the merger or consolidation of two incorporated co1npanies or societies. In the case of the Empire Assurance Corporation, (1867,) L. R. 4 Eq. 347, the

A collection of sea-laws, compiled about the end of the eleventh century, by the people of Amalphi. It consists of the laws on maritime 2ubjects, which were or had been in force in

One who writes on be-

A messenger; a servant sent about; one whose services his master hired out. Spelman.

A person sent about in the service of another; a person sent on a service. A word of frequent occurrence in the writers of the middle ages. Spelman.

&killful with both hands; one who plays on both sides. Applied anciently to an attorney who took pay from both sides, and subsequently toa juror guilty of the same offense. Cowell.

Lat. From embiguus, doubtful, uncertain, obscure. Ambiguity; uncertainty of meaning. Ambiguitas verborum latens verificatione suppletur; nam quod ex facto oritur ambiguum verificat

A boundary line, as going arcund a place; an exterior or inclosing line or limit. The limits or circumference of a power or Juvisdiction; the linecireumscribing any subject-matter.

Inthe Romanlaw. A going around; a path worn by going around. A space of at least twoand a half feet in width, between neighboring houses, left for the convenience of going around t

Movable; revocable; subject to change. Ambulatoria voluntas (a changeable will) denotes the power which a testator possesses of altering his will during his life-time. The court of

The noun “ambush” means (1) the act of attacking an enemy unexpectedly from a concealed station; {2} a concealed station, where troops or enemies lie in wait to attack by surprise,

(Lat. ego, I.) A term denoting direct tenure of the superiorlord. 2 Bell, H. L.Se. 133. Unjustlydetaining from me. He is said to withhold @ me (from me) who has obtained possesston

Betterments; improvements, 6 Low. Can. 294; 9 Id. 503.

Subject to answer to the law; accountable; responsible; liable to punishment, Also means tractable, that may be easily led or governed; formerly applied to a wife who is governable

To improve; to make better by change or modification. See ALTER.

In old English luw. A penalty imposed upon a person by way of disgrace or infamy, as a punishment for any offense, or for the purpose of making reparation for any injury done to an

In practice. Tha correction of an error committed in any process, pleading, or proceeding at law, or in equily, and which is done either of course, or by the consent of parties, or

A satisfaction given by a wrong-doer to the party injured, fora wrong committed, 1 Lil. Reg. 81.

From bed and board. Deseriptive of a limited divorce or separation by judicial sentence. ‘A NATIVITATE. IT'rom birth, or from infancy. Denotes that a disability, status, ete., is c

In medical jurisprudence, Insanity; idiocy.

Lat. A naval coms mander, under the eastern Roman empire, but not of the highest rank; the origin, according to Spelman, of the modern title and office of admiral. Spelman.

To impose an amercement or fine; to punish by a fine or penalty.

A pecuniary penalty, in the nature of a fine, imposed upon a person for some fault or misconduct, he being “in mercy” for his offense, It was assessed by the peers of the delinquen

In marine insurance. A proviso in a policy to the effect that, in case of any subsequent insuranee, the insurer shall nevertheless be answerable for the full extentof the sum subsc

In practice. An action between friendly parties. An action brought and carried on by the mutual consent and arrangement of the parties, in order to obtain the judyment of the court

In Louisiana law and practice. “There are two sorls of arbitrators,—the arbitrators properly so called, and the amicable compouncers. The arbitrators ought to determine ag judges,

The words “arbitration” and “amicable lawsuit,” used in an obligation or agreement between parties, are not convertible terms. The former carries with it the idea of settlement by

Lat. A friend of the court. A by-stander (usually a counsellor) who interposes and volunteers information upon some matter of law in regard to which the judge is doubtful or mistak

Fr. In French maritime law. Admiral. Ord. de la Mar. liv. 1, tit. 1,8 &

Lat. A paternal aunt. An major. A great-great aunt on the father’s side. Amita maxima. A great-great-great aunt, or a great-great-grandfather’s sister. Calvin.

Thechild of a brother or sister; acousin; one who has the same grandfather, but different fatherand mother. Calvino.