Page:Black's Law Dictionary (Second Edition).djvu/70

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ALMESFEOH

the common days by proper marks, pointing out also the several changes of the moon, tides, eclipses, etc.

ALMESFEOH. In Saxon law. Aims-fee: aims-money. Otherwise called "l."eterpence." Cowell.

ALIVIOIN. divine service.

Aims: a tenure of lands by See I“RANl(ALl\tOlGNI<.‘..

ALMOXARIPAZGO. In Spanish law. A general term, signifying both export and ‘import duties, as well as excise.

ALMS. Ch-irimhle donations. Any species of relief bestowed upon the poor. That which is gu on by public authority for the re- iiet of the poor.

ALNAG-ER, or ULNAGER. A sworn officer of the king whose duty it was to look to the nssise of woolen cloth made throughout the land, and to the putting on the seals for that puipuse ordained, for which he (ollected a duty called "alnage." (Joweil; Termes de la Ley.

ALNETUM. In old records, a place where alders grow, or a groie of alder trees. Doomsday Book; Co. Litt. 4D.

ALODE, Almles, Alndis. L. Lat. In feu- dal law. Oirl forms or uludium, or izllodiimi, (a. W.)

ALONG. This term means “by," “on," or "over," according to the subject—m:1tter and the context. Piatt v. Railroad C0., -12 Me. 585; Walton v. liaiiivay Co.. (37 Mo. 58; Church v. Meeker, 3-1 Conn. 421.

ALT. In Scotch practice. An abbreviation of Alter, the other; the opposite party; the defender. 1 Broun, 336, note.

ALTA PRODITIO. L. Lot. in old En,- iish law. High ti-eason. 4 Bl. Comm. 7;‘). See Emu TBEASON.

ALTA VIA. I.. Lat. In old English law. A high ay; the hlgliuay. 1 Salk Alta via. rCma.,' the king's highway; the king's high street" Finch. Laiv. b. 2. c. 9.

ALTARAGE. In ecciesiastlcal law. Offerings nizule on the altar; all profits which accrue to the pi-it-st by means of the altar. Ayiiffc, Parcrg. 61.

ALTER. To make a change in; to modi- fy; to vary in some degree: to change some of the elements or ingredients or details without snlistitnting an entirely new thing or destroying the identity of the thing affected. Hannibal v. Wtncliell. 54 Mo. 177: Haynes v. State, 15 Ohio St. -155; Davis v. Campbell,

62 ALTERNAT

93 Iowa, 524, 61 N. W. 1079; Sessions v. State, 115 Ga 18, 41 S. E. 259. See ALTI«:liA- TIDN.

Synonyms. This term is to be distinguished from its synonyms "change" and “amend." To clninge iiiay import the substitution of an entirely different thing, while to alter is to oper- ate upon a subject-matter which continues oh- jectively the same while modified in some particuinr, 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 improves it, which is not necessarily the case with an alleration. An amendment always involves an alteration, but an alteration does not al- ways amend.

ALTERATION. Variation; making dltferent. See ALTER.

An alteration is an not done upon the instrnnieiit by which its meaning or language is ch.-ingeil. If what is written upon or erased from the instrument has no tendency to produce this result, or ‘to mislead any pc on_. it is not an alteration. Oliver v. Hawley, 5 Nob. -1-'1-1.

An alteration is said to be matcriizi when it affects, or may possilily affect, the rights of the persons interested iii the document

Synonyms. An art done upon a written instiunicnt, which, without dcstinying the identity of the document. introduces some change into its terms, meaning, language, or details is an alteration. ’l‘l.iis may be done eitiit-r by the mutual agrecnicnt of the parties concerned. or by a person interested under the writin,-z without the consent, or without the knowledge, of the others. In either case it is properly denominated an alteration; but it pei-[nrmod by a mere strnnyzer. it is more technically described as a apohution or miiiilation. Cochran v. Ne- heker. 48 Ind. 462 The term is not properly applied to any change which involves the sub- stitution of II. practically new dnuiment And it should in strictncss be reserved for the designation of chinges in form or laiigiiage, and not used with reference to modifit-afions in matters of substance. The term is also to be distin- guisliui from “ilcl’acenicnt." which conveys the idea of an ohlitcration or destruction of marks. Sl‘,!,'iJS., or characters already existing. An addition which does not change or interfere with the existing marks or signs, but gives a different tenor or sig-nifir-ance to the whole, ma he an alteration, but is not a defacement. Llnney v. State. 6 Tex. 1, 55 Am. Dec T516. Again. in the law of wills, there 1 a differciice heni-ecu revocation and alteration. If “hill; is done simply takes away what was gii on before, or a part of it. it is a revocation: hot if it gives something in addition or in substitution. than it is an al- teration. Apncal of Miles. 68 Conn. 237. 36 At] 39. 36 L. R. A. 17

changing ;

Altering circnrnventio xiii non prin- bet actionem. The de(eiiing of one person does not alitord an action to another. Dig. 50. 17. 49.

ALTERNAT. A usage among diplomatists by which the rank and places of d1l.'l‘erent powers, who have the same light and pretensions to precedence, are chan_ce<l from time to time, either in a certain re,-:ul.-1r order or one determined by lot. In drawing up

treatlts and Conventions, for example it is