KFLCC Kingdom Law 2nd Ed.

ALDERMAN

56

ALIAS

continued use of spirits in less quantities, as In the case of dipsomania. ALDERMAN. A judicial or adminis trative magistrate. Originally the word was synonymous with "elder," but was also used to designate an earl, and even a king. In English, law. An associate. to the chief civil magistrate of a corporate town or city. In American cities. The aldermen are generally a legislative body, having limited judicial powers as a body, as in matters of internal police regulation, laying out and re pairing streets, constructing sewers, and the like; though in many cities they hold sepa rate courts, and have magisterial powers to a considerable extent. Bouvier. ALDEBMANNUS. L. Lat. An alder man, q. v. —Aldermannns civitatis vel burgi. Alder man of a city or borough, from which the mod ern office of alderman has been derived. T. Raym. 435, 437.—Aldermannns comitatns. The alderman of the county. According to Spelman, he held an office intermediate between that of an earl and a sheriff. According to oth er authorities, he was the same as the earl. 1 BI. Comm. 116.—Aldermannns hundred! sen wapentaehii. Alderman of a hundred or wapentake. Spelman.—Aldermannns regis. Alderman of the king. So called, either be cause he received his appointment from the king or because he gave the judgment of the king in the premises allotted to him.—^Alderman nns totins Angliae. Alderman of all Eng land. An officer among the Anglo-Saxons, sup posed by Spelman to be the same with the chief justiciary of England in later times. Spelman. ALE-CONNER. In old English law. 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 eon tract. ALEATOR. Lat. (From cUea, g. 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; Moore v. Johnston, 8 La. Ann. 488; Losecco v. Gregory, 108 La. 648, 32 South. 985. 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 suppos ed 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. 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 flotsam, 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. ALGO. Span. In Spanish law. Prop erty. White, Nov. Recop. b. 1, tit. 5, c 3, § 4. ALIA ENORMIA. Other wrongs. The name given to a general allegation of Inju ries caused by the defendant with which the plaintiff in an action of trespass under the common-law practice concluded his declara tion. Archb. Crim. PL 694. ALIAMENTA. A liberty of passage, open way, water-course, etc., for the tenant's accommodation. KItchin.

ALIAS. Lat

Otherwise; at another

time; in another manner; formerly. —Alias dictns. "Otherwise called." This phrase (or its shorter and more usual form, ahas,) when placed between two names in a.