Blacks Law Dict. 1st ed

58

ALIEN

ALE-CONNER

ALFET. A cauldron Into which boiling water was poured, in which a criminal plunged his arm up to the elbow, and there held it for some time, as an ordeal. Du Cange. ALGARUM MARIS. Probably a cor ruption of Laganum maris, lagan being a right, in the middle ages, like jetsam and flot sam, by which goods thrown from a vessel in distress became the property of the king, or the lord on whose shores they were strand ed. Spelman; Jacob; Du Cange. ALGrO. Span. In Spanish law. Prop erty. White, Nov. Recop. b. 1, tit. 5, c 3, §*• ALIA ENORMIA. Other wrongs. The name given to a general allegation of injuries caused by the defendant with which the plain tiff in an action of trespass under the com mon law practice concluded his declaration. Archb. Criin. PI. 694. ALIAMENTA. A liberty of passage, open way, water-course, etc., for the tenant's accommodation. Kitchen. ALIAS. In practice. Formerly; hither to; at another time. An alias writ is a sec ond writ issued in the same cause, where a former writ of the same kind had been issued without effect. In such case, the language of the second writ is, "We command you, as we have before [sicut alias] commanded you," etc. ALIAS DICTUS. "Otherwise called." This phrase (or its shorter and more usual form, alias,) when placed between two names in a pleading or other paper, indicates that the same person is known by both those names. A fictitious name assumed by a per son is colloquially termed an " alias. " ALIBI. Lat. In criminal law. Else where; in another place. A term used to ex press that mode of defense to a criminal pros ecution, where the party accused, in order to prove that he could not have committed the crime with which he is charged, offers evi dence to show that he was in another place at the time; which is termed setting up an alibi. Tomlins. ALIEN, n. A foreigner; one born abroad; a person resident in one country, bat owing allegiance to another. In England, one born out of the allegiance of the king. In the United States, one born out of the jurisdiction of the United States, and who has not been

be the same with the chief justiciary of Eng land in later times. Spelman. ALE-CONNER. An officer appointed by the court-leet, sworn to look to the assise and goodness of ale and beer within the precincts of the leet. Kitch. Courts, 46; Whishaw. An officer appointed in every court-leet, and sworn to look to the assise of bread, ale, or beer within the precincts of that lordship. Cowell. ALE-HOUSE. A place where ale is sold to be drunk on the premises where sold. ALE SILVER. A rent or tribute paid annually to the lord mayor of London, by those who sell ale within the liberty of the city. ALE-STAKE. A maypole or long stake driven into the ground, with a sign on it for the sale of ale. Cowell. ALEA. Lat. In the civil law. A game of chance or hazard. Dig. 11,5,1. See Cod. 3, 43. The chance of gain or loss in a con tract. ALEATOR. Lat. (From alea, q.v.) In the civil law. A gamester; one Who plays at games of hazard. Dig. 11, 5; Cod. 3, 43. ALEATORY CONTRACT. A mutual agreement, of which the effects, with respect both to the advantages and losses, whether to all the parties or to some of them, depend on an uncertain event. Civil Code La. art. 2982. A contract, the obligation and performance of which depend upon an uncertain event, such as insurance, engagements to pay an nuities, and the like. A contract is aleatory or hazardous when the performance of that which is one of its objects depends on an uncertain event It is certain when the thing to be done is supposed to depend on the will of the party, or when in the usual course of events it must happen in the manner stipulated. Civil Code La. art. 1776. ALER A DIEU. L. Fr. In old prac tice. To be dismissed from court; to go quit. Literally, "to go to God." ALER SANS JOUR. In old practice, a phrase used to indicate the final dismissal of a case from court without continuance. "To go without day." ALEU. Fr. In French feudal law. An allodial estate, as distinguished from a feudal estate or benefice.

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