tives are chosen by the qualified of money which the latter pays for electors, for the term of one year, the risk. Such is the contract of from the commencement of the insurance, the insurer takes all general election, and no longer. the risk of the sea, and the assured 2d. The supreme executive power pays a premium to the former for is vested in a chief magistrate, the risk which he runs.-2. In the styled the governor of the state of second kind, each runs a risk which Alabama. He is elected by the is the consideration of the engagequalified electors, at the time and ment of the other; for example, places when they respectively vote when a person buys an annuity, he for representatives; he holds his runs the risk of losing the consideoffice for the term of two years ration, in case of his death soon from the time of his installation, after, but he may live so as to and until a successor is duly quali- receive three times the amount of fied; and is not eligible more than the price he paid for it. Merlin, four years in any term of six years. Répert. mot. Aléatoire. Art. 4. He is invested, among other things, with the veto power. Ib. s. 16. In cases of vacancies, the president of the senate acts as governor, Art. 4, s. 18.-3d. The judicial power is vested in one supreme court, circuit courts to be held in each county in the state, and such inferior courts of law and equity, to consist of not more than five members, as the general assembly may, from time to time direct, ordain and establish. Art. 5, s. 1.

ALER SANS JOUR or aller sans jour, in practice. A French phrase which means go without day; and is used to signify that the case has been finally dismissed the court, because there is no further day assigned for appearance. Kitch. 146.

ALIAS, practice. This word is prefixed to the name of a second writ of the same kind issued in the same cause; as, when a summons has been issued and it is returned by the sheriff, nihil, and another is issued, this is called an alias summons. The term is used to all kinds

ALDERMAN, is an officer, generally appointed or elected in towns corporate or cities, possessing various powers in different places. of writs, as alias fi. fa., alias vend. The aldermen of the cities of Penn- exp. and the like. Alias dictus, sylvania, possess all the powers and otherwise called, a description of jurisdictions, civil and criminal, of the defendant by an addition to his justices of the peace. They are real name of that by which he is besides, in conjunction with the bound in the writing; or when a respective mayors or recorders, man is indicted and his name is judges of the mayors' courts. uncertain he may be indicted as A

ALEATORY CONTRACTS, B, alias dictus C D. civil law. A mutual agreement, of ALIBI, in evidence, is that proof which the effects, with respect both which a party who is accused of to the advantages and losses, whe- having committed a crime or other ther to all the parties, or to some offence or done any act at a particof them, depend on an uncertain ular place, produces to show that event. Civ. Code of Louis. art. when the crime or offence was com2951. These contracts are of two mitted or act done, he was at another kinds; namely, 1. When one of place. If the proof is made out it the parties exposes himself to lose is clear he did not commit the crime something which will be a profit to or offence or do the act. It must be the other, in consideration of a sum admitted that mere alibi evidence

lies under a great and general preju- alien friends who have the rights above dice, and ought to be heard with enumerated, alien enemies are incapauncommon caution; but if it appears ble during the existence of war to sue to be founded in truth, it is the best and may be ordered out of the negative evidence that can be offered; country. See generally 2 Kent, it is really positive evidence, which Com. 43 to 63; 1 Vin. Ab. 257; in the nature of things necessarily 13 Vin. Ab. 414; 1 Bac. Ab. 126; implies a negative, and in many 7 Bac. Ab. 389; 1 Saund. 8 n. 2. cases, it is the only evidence which Wheat. Dig. h. t. an innocent man can offer.

bition to alienate, long leases were comprehended. 2 Dow's Rep. 210.

ALIENATION, in contracts, is the act whereby an estate is voluntarily resigned by one person, and accepted by another. Co. Litt. 118 b; Cruise Real Prop. tit. 32, c. 1,s. 1.

ALIENATION OFFICE, in the English law, is an office to which all writs of covenants and entries are carried for the recovery of fines levied thereon.

TO ALIENATE, estates, titles. ALIEN, persons, is one born out This is a generic term applicable to of the jurisdiction of the United all those modes of parting with proStates, who has not since been natu-perty by which the direct object is ralized under their constitution and to deprive the heirs of the substantial laws. To this there are some ex- interest in the estate; modes, which ceptions, as the children of the min- it is impossible to enumerate, and isters of the United States at foreign which must vary and multiply with courts. Aliens are subject to disa- the ingenuity of practitioners, and bilities, have rights, and are bound the progress of society. It was, to perform duties, which will be therefore, held, that under a prohibriefly considered. 1. Disabilities. An alien cannot in general acquire title to real estate by the descent or by other mere operation of law; and if he purchase land, he may be divested of the fee, upon an inquest of office found. To this general rule there are statutory exceptions in some of the states; in Pennsylvania, Ohio and Louisiana the disability is entirely removed; and in North Carolina and Vermont by constitutional provision, and in South Carolina, Indiana, Illinois and Missouri, by statutory provision, it is partly so. An alien even after being naturalized cannot at any time be president of the United States, or in some states, as in New York, governor; he cannot be a member of ALIMENTS. In the French congress, till the expiration of seven law, this word signifies the food, and years after that event. 2. An alien other things necessary to the support has a right to acquire personal estate, of life, as a dwelling, clothing and make and enforce contracts in rela- the like. The same name is given tion to the same, he is protected from to the money allowed for aliments. injuries and wrongs, to his person By the common law parents and and property, his relative rights and children reciprocally owe each other character; he may sue and be sued. aliments or maintenance, (q. v.) 3. He owes a temporary local alle- Vide 1 Bl. Com. 447; Merl. Rép. giance, and his property is liable to h. t; Dig. 25, 3, 5. In the common taxation. Aliens are either alien law the word alimony (q. v.) is used. friends or alien enemies. It is only Vide Allowance to a Prisoner.

TO ALIENE, in contracts. To convey the property of a thing to another. To aliene in fee, is to convey the fee simple. To aliene in mortmain, to make over lands or tenements to a religious house or body politic.

ALLIANCE, relationship, is the union or connexion of two persons or families by marriage, which is also called affinity. This word is derived from the Latin preposition ad and ligare, to bind.

ALIMONY, is the maintenance charities. In a more limited sense or support which a husband is bound it signifies what is given by public to give to his wife upon a separation authority for the relief of the poor. from her; or the support which Shelford on Mortmain, 802, note either father or mother is bound to (x); 1 Dougl. Election Cas. 370; give to his or her children, though 2 Id. 107; Heywood on Elections, this is more usually called mainte- 263. nance. In Louisiana by alimony is meant the nourishment, lodging and support of the person who claims it. It includes education when the person to whom alimony is due is a minor. Civil Code of L. 246. Alimony is granted in proportion to the ALLIANCE, international law, wants of the person requiring it, and is a contract, treaty, or league, bethe circumstances of those who are tween two sovereigns or states, made to pay it. By the common law to insure their safety and common parents and children owe each defence. Alliances made for warother alimony. 1 Black. Comm. 447; 2 Com. Dig. 498; 3 Ves. 358; 4 Vin. Ab. 175; Ayl. Parerg. 58; Dane's Ab. Index, h. t. ; Dig. 34, 1, 6.

like purposes are divided in general into defensive and offensive; in the former the nation only engages to defend her ally in case he be attacked; in the latter, she unites with him for the purpose of making an attack, or jointly waging the war against another nation. Some alliances are both offensive and defensive, and there seldom is an offensive alliance which is not also a defensive one. Vattel, B. 3, c. 6, § 79.

ALMANAC. A table or calendar, in which are set down the revolutions of the seasons, the rising and setting of the sun, the phases of the moon, the most remarkable conjunctions, positions and phenomena of the heavenly bodies, the month of the year, the days of the month ALLEGATION, in the English and week, and a variety of other ecclesiastical law; according to the matter. The courts will take judi- practice of the prerogative court, cial notice of the almanac, for ex- the facts intended to be relied on in ample, whether a certain day of the support of any contested suit are set month was on a Sunday or not. forth in the plea, which is termed Vin. Ab. h. t.; 6 Mod. 41; Cro. an allegation; this is submitted to Eliz. 227, pl. 12; Vin. Ab. Evi- the inspection of the counsel of the dence (Ab. 4.) In dating instru- adverse party, and, if it appear to ments some sects, the Quakers, for them objectionable in form or subexample, instead of writing January, stance, they oppose the admission February, March, &c., use the of it. If the opposition goes to the terms, first month, second month, substance of the allegation, and is third month, &c., and these are held to be well founded, the court equally valid in such writings. rejects it; by which mode of proVide 1 Smith's Laws of Pennsyl-ceeding, the suit is terminated withvania, 217. out going into any proof of the facts. ALMS. In its most extensive 1 Phill. 1, n.; 1 Eccl. Rep. 11, n. sense this term comprehends every S. C. See 1 Brown's Civ. Law, species of relief bestowed upon the 472, 3, n. poor, and, therefore, including all

ALLEGATION, in the common

law, is the declaration or statement an absolute estate of inheritance in

contradistinction to a feud. In this ALLEGATION, in the civil law, country the title to land is essentially is the citation or reference to a voucher allodial, and every tenant in fee simto support a proposition. Dict. de ple has an absolute and perfect title, Jurisp.; Encyclopédie, mot, Allega- yet in technical language his estate tion; 1 Brown's Civ. Law, 473, n. is called an estate in fee simple, and ALLEGIANCE, is the tie or the tenure free and common socage. ligament which binds the citizen to 3 Kent, Com. 390. Vide Cruise, the government, in return for the Prel. Des. c. 1, § 13; 2 Bl. Com. protection which the government 45. For the etymology of this word vide 3 Kent, Com. 398, note.

much is added in each moment of with a legal commission and authotime. What is taken from one side rity to transact business on behalf of is usually carried on the opposite his country with the government to bank; in cases where the change is which he is sent. He is a minister so gradual as not to be perceived in of the highest rank, and represents any one moment of time, the propri- the person of his sovereign. The etor whose bank on the river is in- United States have always been recreased is entitled to the addition. presented by ministers plenipotenAlluvion differs from avulsion, (q. v.) tiary, never having sent a person of in the latter the change is sudden the rank of an ambassador in the diand perceptible. See 2 Bl. Com.plomatic sense, 1 Kent's Com. 39, n. 262, and note by Chitty; 1 Swift's Ambassadors, when acknowledged Dig. 111; Coop. Just. lib. 2, t. 1; as such, are exempted absolutely Angell on Water Courses, 219; 3 Mass. R. 352; 1 Gill & Johns. R. 249; Schultes on Aq. Rights, 116; 2 Amer. Law Journ. 282, 393; Angell on Tide Waters, 213.

ALLUVIAL, belonging to a deluge or alluvion; as alluvial soil, i. e. soil that has been brought to other lands by means of floods.

a

from all allegiance, and from all responsibility to the laws. If, however, they should be so regardless of their duty, and of the object of their privilege, as to insult or openly to attack the laws of the government, their functions may be suspended by a refusal to treat with them, or applica tion can be made to their own sovereign for their recall, or they may be dismissed, and required to depart within a reasonable time. By fiction of law, an ambassador is considered as if he were out of the territory of the foreign power; and it is an im

ALLY, international law, is power which has entered into an alliance with another power. A citizen or subject of one of the powers in alliance is sometimes called an ally; for example, the rule which renders it unlawful for a citizen of plied agreement among nations, that the United States to trade or carry on commerce with an enemy, also precludes an ally from similar intercourse. 4 Rob. Rep. 251; 6 Rob. Rep. 405; Dane's Ab. Index, h. t. ALTERNATIVE. Vide Election; Obligation, alternative.

ALTIUS NON TOLLENDI, civil law, is the name of a servitude due by the owner of a house, by which he is restrained from building beyond a certain height. Dig. 8, 2, 4, and l. 12, 17, 25.

ALTO ET BASSO, high and low. This phrase is applied to an agreement made between two contending parties to submit all matters in dispute, alto et basso, to arbitration.

the ambassador, while he resides in the foreign state, shall be considered as a member of his own country, and the government he represents has exclusive cognizance of his conduct and control of his person. The attendants of the ambassador are attached to his person, and the effects in his use are under his protection and privilege, and, generally, equally exempt from foreign jurisdiction.

The act of Congress of April 30th 1790, s. 25, makes void any writ or process sued forth or prosecuted against any ambassador authorised and received by the president of the United States, or any domestic ser vant of such ambassador; and the 25th section of the same act punishes international any person who shall sue forth or law, is a public minister sent abroad prosecute such writ or process, and by some sovereign state or prince, all attorneys and solicitors prosecutVOL. I.-10.

AMBASSADOR,