Page:Black's Law Dictionary (Second Edition).djvu/65

From Wikisource
Jump to navigation Jump to search
This page needs to be proofread.


ALIAS

pleading or other paper indicates that the sam_e poison is k.I1D\?\l1 by both ose names. A fich- tions name assumed by a person is colloquially termed an “alia.i." Ferguson v. State. 1'34 Ala 63, 32 South. 760, 92 Am. St. Rep. . Turns v. Com., 6 llletc. (M:iss.) 235; Kennedy V. People, 1 Cow. C-r. Rep. (N. Y.) 119_.—Ai.ia.s writ. An alias writ is I. second writ issued in the same cause, where a former writ of the some kind hnd been issued without eflfect in such case, the language of the second writ_ is. “We command on, as we hlivc before [alum aliim] coininande you." etc. Roberts v. Cluirr_l.i. 17 Conn. 142: Farris v. W'nlter, 2 Colo. Ann. 480, 31 Pac. 231.

ALIBI. Lat. in criminal law. Else- where; in another place. A term used to express that mode of defense to a criminal prusecution. \\ here the party accused. in order to prove that he could not have committed the crime with which he is chnrged, offers evidence to show that he was in another place at the time: which is termed setting up an alibi. State v. l\l('G:irry. 111 Iowa. Til‘). 33 N. W. 718; State v. Chlid, -'10 l\'nn. -18 20 Far. 275; State v. Poivei-s, 72 Vt his 47 All. SJ’); Peyton v. State, 54 Neil. 188, ‘i-i N. W. 597.

ALIEN. n. A foreigner; one horn abroad; Ii person resident in one country, but owing allegiance to another. In Finglnnd, one born out of the allegiance of the king. In the [lulled States. one born out of the jurisdiction of the Uniled States, and who has not been naturalized under their constitution and laws. 2 Kent, Comm. 50; Ex parte Dawson, 3 Bradt. sur. (N. SE.) 136: Lynch v. Clarke. 1 Saiiilf. Ch. (N. Y.) 068: Lyons v. State, 67 Cal 350, 7 Pan. ‘T63.

—Alien nmy. ln international law. Allen friozrl. An alien who is the subject or citizen of a foreign gm crnmont at peace nilli our own. —AIlen and audition laws. Acts of con- rr:-ss of Jnlr G and July 14. See W|iai‘t. Si-ite 'l‘r. - .--Alien enemy. in interimfionnl law An alien who is the subject or citizen of [slime ho state or power Sre Dyer. 21): Cu l.i‘tt. 1291;. A person who. h_V reason of wine a permanent or temporary uilcgiance to I. hostile power. becomes. in lime of war. impressed with the character of an enemy, and, as such. is rlisnhlcd from suing in the courts of the nrlrprsr helligarent See Kent, Comm. 74; 2 ld. 6?; Bell v. ("hnpmnn, 10 Johns. (N. Y.) lQ'l; Durst-V \'. Briizliam, 177 Ill. "1 . 52 N.

"0", 42 L. R. A Sllfl. 69 Am. St. lien. .28. ien friend. The siilijcrt of a nation “lfh \ l4'lI we arn at peace: on alirn am;/.—Alien nee. A man horn an alien.

ALIEN or ALIEN‘!-J. v. To transfer or Illiilie over to another: to convey or transfer the property of ti thing from one peisou to another, to alienate. Usually applied to the transfer of lands and tenements. Co. Litt. 118. Cowell.

Aliens negotin exacto officio geniu- hit. The business of another is to be conducted with particular attention. Jones, Bnllni. 83; First Nat. Bank of Crirlisie V. Giah.-iin, 79 Pa. 118, 21 Am. Rep. 49.

57

ALIENATION

ALIENABL]-3. Proper to be the subject of alienation or transfer.

ALI]-JNAGE.}} The condition or state of an alien.

AIJENATE. To convey; to transfer the title to property. Co. Llttl 1181;. Alien is very commonly used in the same sense. 1 Washb. Real Prop. 53.

"Sell, alienate, and dispciie" are the form- al words of transfer in Scotch conveyances of heritable property. Bell.

“The term alienate has a technical legal meaning, and any tinnster of real estate. short of I conveyance of the title, ls not an alienation of the estate. No matter in what form the sale may he uiade. unless the title is conveyed to the purchaser, the estate is not alienated." M-asters v. Insurance Co., 11 Bnrb. (N. Y.) 630.

Alienatio licet prohiheatnr, consenln tnmen omnium. in quorum favorem pro- hibita est, potent fieri, et qnilibet potent rennnciaro jnrl pro lo introdncto. Al- though alienation he prolilliited. yet, by the consent of all in whose favor it is prohibited. it may take place: for it is in the power of any man to renounce a law made in his own fsivor. Co. Litt. 98.

Alienntio rei prwfertnr juri necroscendi. Alienation is favored by the law rather than accumulation. Co. Litt. 185.

ALI]-INATION. In real properly law. The transfer of the property and possession of lands. tenements, or other things, from one person to another. Termes de la Ley. It is particularly applied to absolute con- ieyances of real property. Conover v. Mntual Ins. Co.. 1 N. 3 290. E4.

The act by “liicli the title to real estate is voluntarily resigned by one person to an- other and accepted by the latter, in the forms prescribed by law.

The voluntary and complete transfer from one person to another, involving the coin- pleie and alisoliite exclusion, out of hLu:i who nlienates, of nny remaining interest or particle of interest. in the thing transmlttoil; the complete transfer of the property and possession of lands. tenements, or other things to another. Orrell v. Dav .\ifg. Co. 83 iiis 800. 36 South. .'>G‘l. 70 L R. A. B81: Blll‘l|“l1lk v. Insurance Co., 24 N. ll. . "-7 _-\m Dec. 300; United States v. Schun 102 U. S. 375. 26 L Ed 1G7: Vining v. Willis, 40 Iaan. 609, 20 Pac. 232.

In medical jun-isprniience. A generic term denoting the different kliide or forms of menial aberration or derangement. —Alienn.I:ion uflice. In English practice

An otlir-e for the reomery of fines levied upun writs of covenant and entries.

Alienation pending in suit is void. 2 P. Wins. 482: 2 Atk. 174; 3 Atk. 392: 11 Yes. 194: Murray v. Balluw, 1 Johns. Ch. (N. Y.) 566, 580.

G