Page:Black's Law Dictionary (Second Edition).djvu/71

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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, 5 157. ALTERNATIM. L. Lat. interchange-

ably. Litt. E371; Townsh. PL 37.

Alternntiva. petitio non est audienda. 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; ai- lowlng 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 either one of several acts at the election of Lhe party from whom performance is due. Crane v. i'eel'. -113 N. J. E41. 5-33, 4 At]. 72.—Alternathe obligation. An obligation allowing the obllgnr to choose which of two things he will do, the periornmnce of either of uhith will satisfy the lnstnuuent. Where the things which form the object of the contract are separated by a disjunctive, then the obligation is alternative. 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. 20GG.—Alternative remed Vhcre a new rexpetly is treated in addition to an existing one, they are called “alternative” if only one am be enforced; but if hoLh, “cumulative."— Alternative vn-it. A writ commanding the perms against whom it is issued to do a speci- Iiid thing, or show cause to the court why he should not be compeiled to do it. Aliee v. Mc- Coy, 2 Marv. (Dei.] 465, 36 At]. 359.

ALTERNIS VICIBUS. L. Lat. By al- ternate turns; at alternate times: alternate- ly. Co. Litt. 4a; Shep. Touch. 206.

ALTERUM NON LEDERE. Not to In- Juie another. 'ihis ma_\im, and two others, lnmeste vircre, and JWIHI1, cuiquc tribuore, (I1. -3..) 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 building beyond a certain h it. Dig. 8. 2. 4; Saxininrs, Just. inst. 119.

ALTIUS TDLLENDI. 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- iess he is restrained by some contrary title. Snndnrs, Just. last. 119.

ALTO ET BASSD. High and low. This phrase is applied to an agreement made between two contending parties to submit all matters in dispute. alto at basso, to arbitra- unn CowelL


ALTUM MARE. L. Lat. In old English law. The high sea or seas. Co. Liti; 2,6011. The deep sea. Super oltum more, on the high seas. Hob. 2120.

ALUMNUS. A child which one has nursed: a foster-child. Dig. 40. 2, 14. One edu- cated at :1 coilege or seminary is called an “aiumnus" thereof.

ALVEUS. The bed or channel throu..'.h which the stream flows when it runs within its ordinary channel. Calvin.

Alveux derclictus. a deserted channel. Mackeld. Rom. Law, 5 274.

AMALGAMATION. A term applied in England to the merger or consoildation of two incorporated companies or societies.

In the case of the Empire Assurance Corporation. (1867,) L. R. 4 E . 7, the vicc-chnn(-cllor said: “It is diihc-nit to say what the word ‘amalgamote' means. I couiess at this moment I have not the least conception of what the full legal effect of tine 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 ‘arnaigamaté cannot mean

t the execution of a deed shall make a man a parluer in a firm in which he was not a. port- 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. 00 L. R. A. 3'3, ii: is said that the term "an1nlgnrnnLion" of corporations is used in the English cases in the sense of what is nsuaily known in the ‘nxted States as "merger," meaning the absorption of one corporation by auoiiner, so that it is the absorbing corporation nhieh continues in existence: and it diiiers from “consolidation," the meaning of which is limited to such a union of two or more corporations as necessarily results in the creation of a third new corporation.

AMALPHITAN CODE. A collection of sea-laws, compiled about the end of the eleventh century, by the people of Amaiphi. 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. Azuui; Whartnn.

AMANUENSIS. One who writes on be- half of another that which he dictates.

AMBACTUS. A messenger; a servant sent about; one whose services his master hired out. Spelmnn.

AMBASCIATDR. A person sent nhnut in the service of another; a person seal‘ on a service. A word of frequent occurrr-.‘nce in the writers of the middle ages. S|)el1Il"il].

AMBASSADOR. In international law. A public officer, clothed with high diplnuxatic powers, commissioned by a so\erei,.:n prince or stste to transact the international busi- ness of his government at the court of the country to which he is sent.