Page:Black's Law Dictionary (Second Edition).djvu/64

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ALDERMAN

continued use of spirits in less quantities, as in the case of djpsoniania.

ALDERMAN. A judicial or administrative magistrate. Orlgiugilly the word was synonymous with "elder," but was also used to designate an earl, and men a king.

In English law. Au associate to the chief civil magistrate of a corporate town or city.

In American cities. The alderinen are generally a legislative body, having liiuited judicial powers as a body, as in matieis of internal police regulation, laying out and repairing streets. constructing seweis, and the liLe; though In many cities they hold separate courts, and have l11rl:,’lS'.el'lfil powers to a considerable extent Bouvier.

ALDERMANNUS. man, q. 1).

—\AlIlennu.nnns oivitntis vel but-gi. Alden man of a city or borough, from which the modern office of alderman hus hecn derived. T. Rnym. 435. -i37.—A1de1-mannns ouinltatns. '1 he nldcrm.-in of the county According to Speluian. he heid an office intermediate between that of nu earl and a. sheriff. According to other auihorities. lie was the snine as the carl. 1

L. Lat. An alder-

Bl. Comm. 11G.—Alde1-mnnrins Iinndredi sen wapentachii. Alderman of a hundred or wnpentake. Spelman.—A1de1-man.nns regil.

Alderman of the king. So called. either because he received bis appointment from the king or because he gave the judgment of the king in the premises allotted to li'Lu1.—A1rlermnnnus tntius Angliuz. Alderman of all England. An officcr among the Anglo-Saxons, supposed by Speliuan to be the same with the chief justiciary of England in later times. Spelman.

ALE-CONNER. In old English law. Au oiiicer appointed by the coin-t—ieet, sworn to look to the assise and goodness of ale and beer within the precincts of the ieeL Kitcli. Courts, 46: Whishnw.

An officer nppolnted in every court-ieet, and sworn to look to the nsslse of bread, ale, or beer within the precincts or that lordship. Cowell.

ALE.-HOIJ‘sE. A place where ale is sold to be drunk on the premises where sold.

ALE SILVER. A rent or trihiite paid annually to the lord mayor of London, by those who sell ale within the lilierty of the city.

ALE-STAKE. A maypole or long stake dl'l\(:l] into the ground, with a sign on it for the sale of ale. Cowell.

ALBA. Lat. In the civil law. A game of C1|.lEi('€ or hazard. Dig. 11, 5, 1. see God. 3. 43. The chance of gain or loss in a contract.

AIJ-IATOR. Lat. (From alca, q. 4:.) In the civil law. A ganiesler: one who plays at games of hazard. Dig. 11, 5; Cod. 3, 43.

56

ALI AS

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 eient, such as insurance. engagements to pay annuities, 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 cei min when the thing to be done is supposed to depend on the will of the party, or when in the usual course of ex cuts it must happen in the manner stipulated. Civil Code Ln. art. 1776.

ALER A DIEIJ‘. h Fr. In old practice. To be dismissed from court; to go quit. Literally, “to go no God."

ALIA! SANS JOIIR. In old practice, a phrase used to indicate the final dismissal of a case from court without continuance "To go without day."

AL]-JIJ‘. Fr. In French feudal law. An allodlal estate, as distinguished from a feudal estate or benelzice.

ALE]-1'1‘. A cauldron into which boiling -water vxas 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 corruption of Laganum m-izris. 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 stranded. spelmau; Jacob: Du Cauge.

ALGO. Span. In Spanish law. Prop erty. Whine, Nov. Recap. b. 1, lit. 5, c. 3. § 4.

ALIA ENORIVIIA. 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 node: the comninn—la\v practice concluded his declaration. Archb. Crim. Pl. 694.

ALIAMENTA. A iiherty of passage. open way, water-course. etc., for the teu.int’s accommodation. Kltchln.

ALIAS. Lat. Otherwise; at another time; in another manner; formerly. —A]ias dictns. “Otherwise called.“ This phrase (or its shorter and more usual form,

alias-,) when placed between two names in a