KFLCC Kingdom Law 2nd Ed.

62

ALMESFEOH

ALTERNAT

the common days by proper marks, pointing out also the several changes of the moon, tides, eclipses, etc In Saxon law. Alms-fee; alms-money. Otherwise called "Peterpence." Cowell. ALMESFEOH.

93 Iowa, 524, 61 N. W. 1053; Sessions v. State, 115 Ga. 18, 41 S. B. 259. See ALTERA TION. Synonyms. This term is to be distinguished from its synonyms "change" and "amend." To change may import the substitution of an en tirely different thing, while to alter is to oper ate upon a subject-matter which continues ob jectively the same while modified in some par ticular. If a check is raised, in respect to its amount, it is altered; if a new check is put in its place, it is changed. To "amend" implies that the modification made in the subject im proves it, which is not necessarily the case with an alteration. An amendment always involves an alteration, but an alteration does not al ways amend. making different. See ALTEB. An alteration is an act done upon the in strument by which Its meaning or language is changed. If what is written upon or eras ed from the instrument has no tendency to produce this result, or "to mislead any person, it is not an alteration. Oliver y. Hawley, 5 Neb. 444. An alteration is said to be material when it affects, or may possibly affect, the rights of the persons interested in the document. Synonyms. An act done upon a written in strument, which, without destroying the identi ty of the document, introduces some change in to its terms, meaning, language, or details is an alteration. This may be done either by the mutual agreement of the parties concerned, or by a person interested under the writing with out the consent, or without the knowledge, of the others. In either case it is properly denom inated an alteration; but if performed by a mere stranger, it is more technically described as a spoliation or mutilation. Cochran v. Ne beker, 48 Ind. 462. The term is not properly applied to any change which involves the sub stitution of a practically new document. And it should in strictness be reserved for the desig nation of changes in form or language, and not used with reference to modifications in matters of substance. The term is also to be distin guished from "defacement," which conveys the idea of an obliteration or destruction of marks, signs, or characters already existing. An addi tion which does not change or interfere with the existing marks or signs, but gives a different tenor or significance to the whole, may be an alteration, but is not a defacement. Lmney v. State, 6 Tex. 1, 55 Am. Dec. 756. Again, in the law of wills, there is a difference between revo cation and alteration. If what is done simply takes away what was given before, or a part of it, it is a revocation ; but if it gives something in addition or in substitution, then it is an al teration. Appeal of Miles, 68 Conn. 237, 36 Atl. 39, 36 L. R. A. 176. Altering circnmventio alii non prse bet actionem. The deceiving of one person does not afford an action to another. Dig. 50, 17, 49. A usage among diploma tists ,by which the rank and places of differ ent powers, who have the same right and pretensions to precedence, are changed from time to time, either in a certain regular order or one determined by lot. In drawing up treaties and conventions, for example, it is ALTERATION. Variation; changing; ALTERNAT.

ALMOIN.

Alms; a tenure of lands by

divine service. See FRANKALMOIGN.

ALMOXARIFAZGO. In Spanish law. A general term, signifying both export and import duties, as well as excise. Charitable donations. Any spe cies of relief bestowed upon the poor. That which is given by public authority for the re lief of the poor. A sworn of ficer of the king whose duty it was to look to the assise of woolen cloth made through out the land, and to the putting on the seals for that purpose ordained, for which he collected a duty called "alnage." Cowell; Termes de la Ley. In old records, a place where alders grow, or a grove of alder trees. Doomsday Book; Co. Litt. 4b. ALMS. ALNAGER, or ULNAGER. ALNETUM. ALONG. 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 Conn. 421. In Scotch practice. An abbrevia tion of Alter, the other; the opposite party; the defender. 1 Broun, 336, note. L. Lat. In old Eng lish law. High treason. 4 Bl. Comm. 75. See HIGH TBEASON. ALT. ALTA PRODITIO. ALODE, Alodes, Alodis. dal law. Old forms of alodium, L. Lat. In feu or allodium, (q. v.)

ALTA VIA.

L. Lat. In old English law.

A highway; the highway. 1 Salk. 222.

Alta

the king's highway; "the king's

via regia;

high street." Finch, Law, b. 2, c. 9.

ALTARAGE. In ecclesiastical law. Of ferings made on the altar; all profits which accrue to the priest by means of the altar. Ayliffe, Parerg. 61. To make a change in; to modi fy ; to vary in some degree; to change some of the elements or ingredients or details with out substituting an entirely new thing or de stroying the identity of the thing affected. Hannibal v. Winchell. 54 Mo. 177; Haynes v. State, 15 Ohio St. 455; Davis v. Campbell, ALTER.