Black's Law Dictionary

Lat. In criminal law. Elsewhere; in another place. A term used to express that mode of defense to a criminal prosecution, where the party accused, in order to prove that he could n

n. A foreigner; one born abroad; a person resident in one country, but owing allegiance to another. In England, one bom out of the allegiance of the king. In the United States, one

Proper to be the subject of alienation or transfer.

The condition or state of an alien.

In international law. Alien friend. An alien who is the subject or citizen of a foreign government at peace with our own.

Acts of congress of July 6 and July 14. 1798. See Whart. State Tr. 22.

The business of another is to be conducted with particular attention. Jones, Bailm. 83; First Nat Bank of Carlisle v. Graham, 79 Pa. 118, 21 Am. Rep. 49.

To convey; to transfer the title to property. Co. litt. 118b. Alien is very commonly used in the same sense. 1 Washb. Real Prop. 53. "Sell, alienate, and dispone" are the formal wo

Although alienation be prohibited, yet, by the consent of all in whose favor it is prohibited, it may take place; for It is in the power of any man to renounce a law made in his ow

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 a

In English practice. An office for the recovery of fines levied upon writs of covenant and entries. Alienation pending a suit is void. 2 P. Wms. 482; 2 Atk. 174; 3 Atk. 392; 11 Ves

Alienation is favored by the law rather than accumulation. Co. Litt. 185.

One to whom an allenation, conveyance or transfer of property is made.

An alien, that is, a citizen or subject of a foreign state or power, residing within a given country, is calied an "alien ami" if the country where he lives ls at peace with the co

The subject of a nation with which we are at peace; an alien amy.

One of foreign birth; an alien. 7 Coke, 31.

Lab Of another kind. 3 P, Wms. 247.

Lat. Under the control or subject to the authority, of another person; e. g., an infant who is under the authority of his father or guardian; a wife under the power of her husband.

The state, condition or character of an alien. 2 Kent, Comm. 56, 64, 69.

A man bom an alien.

He who makes a grant, transfer of title, conveyance or alienation.

v. To transfer or make over to another; to convey or transfer the property of a thing from one person to another; to alienate. Usually applied to the transfer of lands and tenement

Lat Another's; belonging to another; the property of another. Alienus homo, another's man or slave. Inst. 4, 3, pr. Aliena res, another's property. Bract, fol. 13b.

In Scotch law. To maintain. support, provide for; to provide with necessaries. As a noun, maintenance, support ; an allowance from the husband's estate for the support of the wlfe.

Lat. In the civil law. Aliments; means of support, including food, (cibaria,) clothing, (vestitus,) and habitation, (habitatio.) Dig. 34, 1, 6.

The allowance made to a wife out of her husband's estate for her suit-port, either during a matrimonial suit or at its termination, when she proves herself entitled to a separate m

No one is bound to do what is impossible.

To sell is one thing; to consent to a sale (seller) is another thing. Dig. 50, 17, 160.

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.

Something is (will be) conceded, to prevent a wrong remaining unredressed, which otherwise would not be conceded, Co.. Litt. 197b.

Somewhat of possession, and nothing of right, (but no right) A phrase used by Bracton to describe that kind of possession which a person might have of a thing as a guardian, credit

A person ought not to be judge in hls own cause, because he cannot act as judge and party. Co.. Litt 141; 3 Bl. Comm. 59

Lat Otherwise. A term often used in the reports.

To conceal is one thing; to be silent is another thing. Lord Mansfield, 3 Bure, 1910.

Distinction is one thing; separation is another. It is one thing to make things distinct, another thing to make them separable.

It is one thing to possess; it is another to be in possession. Hob. 163.

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

Lat. From another source; from elsewhere; from outside. Evidence aliunde (i. e., from without the will) may be received to explain an ambiguity in a will. 1 Greenl. Ev. § 291.

Collectively, this term designates the whole number of particulars, individuals or separate items; distributively, it may be equivalent to "each" or "every." State v. Maine Cent. R

A comprehensive term often employed in conveyances, wills, and the like, which includes the aggregate or whole and also each of the separate items or components. McClaskey v. Barr

One alleging contrary or contradictory things (whose statements centradict each other) ls not to be heard. 4 Inst. 279. Applied to the statements of a witness.

One who alleges his own infamy is not to be heard. 4 Inst 279.

That ought not to be alleged which, if proved, ls not relevant. 1 Ch. Cas. 45.

In Roman law. A word which the emperors formerly signed at the bottom of their rescripts and constitutions; under other instruments they usually wrote Hgnata or testata. Ena Lond.

Lat Things alleged and proved. The allegations made by a party to a suit, and the proof adduced in their support.

An allegation contrary to the deed (or fact) is not admissible.

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 t

A statement made by the wife of the property of her husband, in order to her obtaining niimony. See Faculties.

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

Stated; recited; claimed; asserted; charged.

By allegiance ls meant the obligation of fidelity and obedience which the individual owes to the government under which he lives or to hls sovereign in return for the protection he

To defend and clear one's self; to wage one's own law.

The allegation in an appellate court, of some error in a subordinate part of the nisi prius record.

L. Lat In old records. To levy or pay an accustomed fine or composition; to 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 contracted by intermarriage. In international law. A union or association of two or more states or nations, formed by league or tr

The running of one vessel into or against another, as distinguished from a collision, i. e., the running of two vessels against each other.

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 hath lawfully expended in his office; directed to the lord treasurer and barons of the excheq

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

Lat. It ls 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 considerat

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

See Allocutus.

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 sgy as to why the court should not proceed

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

Free; not holden of any lord or superior; owned without obligation of vassalage or fcalty; the opposite of feudal. Barker v. Dayton. 28 Win. 384; Wallace v. Harmstad, 44 Pa. 499.

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 "allonge," to receive the further indorsements. Founta

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 p

Partition, apportionment, division; the distribution of land under an inclosure act or shares in a public underinking or corporation. —Allotment note. In English law. A writing by

In English law. A writing by a 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. Ev

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

One to whom an allotment is made, who receives a ratable share under an allotment; a person to whom land under an inclosure act or shares in a public undertaking are allotted.

To grant, approve or permit; as to allow an appeal or a marriage; to allow an account. Also to give a fit portion out of a larger property or fund. Thurman v. Adams, 82 Miss. 204,

A deduction, an average payment, a portion assigned or aliowed; the act of allowing. —Allowance pendente lite. In the English chancery division, where property which forms the subj

In the English chancery division, where property which forms the subject of proceedings is more than sufficient to answer nil clnims in the proceedings, the court may allow to the

An interior 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

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

The name given in England to the short clause in a conveyance or other assurance which purports to convey "all the estate, right, title, interest, claim, and demand" of the grantor

Lat In the Civil and old English law. The washing up of the sea; formation of soli or land from' the sea; maritime increase. Hale, Anal. § 8. "Alluvio maris is an increase of the l

That increase of the earth on a shore or bank of a river or to 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 can jud

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. Alms-fee; alms-money. Otherwise called "Peterpence." Cowell.

Alms; a tenure of lands by divine service. See Frankalmoign.

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

A sworn officer of the king whose duty it was to look to the assise of woolen cloth made throughout the land, and to the putting on the seals for that purpose ordained, for which h

In old records, a place where alders grow or a grove of alder trees. Doomsday Book ; Co. Litt. 4b.

L. Lat. In feudal law. Old forms of alodium or allodium, (q. vt)

This term means "by," "on," or "over," according to the subject-matter and the context. Pratt v. Railroad Co., 42 Me. 585; Walton v. Railway Co., 67 Mo. 58; Church v. Meeker, 34 Co

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

L. Lat. In old English law. High treason. 4 Bl. Comm. 75. See High Treason.

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

L. Lat. In old English law. A highway; the highway. 1 Salk. 222. Alta via regia; the king's highway; "the king's high strcet." Finch, Law, b. 2, c. 9.

An alternative petition or demand is not to be heard. 5 Coke, 40.

To make a change in; to modify ; to vary in some degree; to change some of the elements or ingredients or details without substituting an entirely new thing or destroying the ident

Variation; changing; making different. See Alter. An alteration is an act done upon the instrument by which its meaning or language is changed. If what is written upon or erased fr