KFLCC Kingdom Law 2nd Ed.

63

AMBASSADOR

ALTERNATIM

ALTUM MARE. L. Lat In old English law. The high sea, or seas. Co. Litt 2600. The deep sea. Super altum mare, on the high seas. Hob. 2120. ALUMNUS. A child which one has nurs ed ; a foster-child. Dig. 40, 2, 14. One edu cated at a college or seminary is called an "alumnus" thereof. ALVEUS. The bed or channel through which the stream flows when it runs within its ordinary channel. Calvin. Alveus derelictus, a deserted channel. Mackeld. Rom. Law, § 274. AMALGAMATION. A term applied in England to the merger or consolidation of two incorporated companies or societies. In the case ©f the Empir* Assurance Corpora tion, (1867,) L. R. 4 Eq. 347, the vice-chancel lor said: "It is difficult to say what the word 'amalgamate' means. I confess at this moment I have not the least conception of what the full legal effect of the word is. We do not find it in any law dictionary, or expounded by any competent authority. But I am quite sure of this: that the word 'amalgamate' cannot mean that the execution of a deed shall make a man a partner in a firm in which he was not a part ner before, under conditions of which he is in no way cognizant, and which are not the same as those contained in the former deed." But in Adams v. Yazoo & M. V. R. Co., 77 Miss. 194, 24 South. 200, 211, 60 L. R. A. 33, it is said that the term "amalgamation" of corporations is used in the English cases m the sense of what is usually known in the United States as "mer ger," meaning the absorption of one corpora tion by another, so that it is the absorbing cor poration which continues in existence; and it differs from "consolidation," the meaning of which is limited to such a union of two or more corporations as necessarily results in the crea tion of a third new corporation. AMALPHITAN CODE. 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 subjects, which were or had been in force in countries bordering on the Mediterranean; and was for a long time received as authority in those countries. Azuni; sWharton. AMBACTUS. A messenger; a servant sent about; one whose services his master hired out. Spelman. AMBASCIATOR. 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. AMBASSADOR. In international law. A public officer, clothed with high diplomatic powers, commissioned by a sovereign prince or state to transact the international busi ness of his government at the court of the country to which he is sent AMANUENSIS. One who writes on be half of another that which he dictates.

the usage of certain powers to alternate, both in the preamble and the signatures, so that each power occupies, in the copy intended to be delivered to it, the first place. Wheat. Int. Law, § 157.

ALTERNATIM. L. Lat.

Interchange

ably. Litt § 371; Townsh. PL 37.

Alternativa petitio non est andienda. An alternative petition or demand is not to be heard. 5 Coke, 40. ALTERNATIVE. One or the other of two things; giving an option or choice; al lowing a choice between two or more things or acts to be done. —Alternative contract. A contract whose terms allow of performance by the doing of ei ther one of several acts at the election of the party from whom performance is due. Crane v. Peer, 43 N/J. Bq. 553, 4 Atl. 72.—Alterna tive obligation. An obligation allowing the obligor to choose which of two things he will do, the performance of either of which will sat isfy the instrument. Where the things which form the object of the contract are separated by a disjunctive, then the obligation is alternar ttve. A promise to deliver a certain thing or to pay a specified sum of money, is an example of this kind of obligation. Civil Code La. art. 2066.—Alternative remedy. 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."— Alternative writ. A writ commanding the person against whom it is issued to do a speci fied thing, or show cause to the court why he should not be compelled to do it. Allee v. Mc Coy, 2 Marv. (Del.) 465, 36 Atl. 359. ALTERNIS VICIBUS. L. Lat. By al ternate turns; at alternate times ; alternate ly. Co Litt. 4a; Shep. Touch. 206. ALTERUM NON LJBDERE. Not to in jure another. This maxim, and two others, honeste vivere, and suum cutque tribuere, (q. v.,) are considered by Justinian as fund amental principles upon which all the rules of law are based. Inst 1, 1, 3. ALTIUS NON TOLLENDI. In the civil law. A servitude due by the owner of a house, by which he is restrained from build ing beyond a certain height. Dig 8, 2, 4; Sandars, Just. Inst. 119. AI/TITTS TOLLENDI. In the civil law. A servitude which consists in the right, to him who is entitled to it, to build his house as high as he may think proper. In general, however, every one enjoys this privilege, un less he is restrained by some contrary title. Sandars, Just. Inst 119. ALTO ET BASSO. High and low. This phrase is applied to an agreement made be tween two contending parties to submit all matters in dispute, alto et basso, to arbitra tion. OowelL