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knight; and (3) to provide a portion for the lord's eldest daughter; and every tenant in socage was liable to the two latter aids. Aids were abolished by stat. 12 Car 2. c. 24; but parliamentary taxes for extraordinary purposes (including the land-tax before it became permanent) were called aids down to the reign of William III.

AIR.-Rights in respect of air are of two kinds-natural and acquired. Natural rights. § 1. Every owner of land has the right to prevent his neighbours from polluting the air coming to his land, and the infraction of this natural right is a nuisance. But the right to pollute air may be acquired by prescription, and such a right is an easement.?

§ 2. It seems that by prescription or grant an owner of land may Acquired acquire the right to prevent his neighbours from obstructing the lateral rights. access of air to his tenement. The existence of this easement is, however, not free from doubt;3 it is not within the operation of the Prescription Act.1

(See Natural Rights; Easement.)

ALCIATUS.-Andreas Alciatus was born in 1492, taught law at Avignon, Bourges, Bologna, &c., and died 1550. He was the founder of the so-called "elegant" school of law. His principal works are the Annotationes; Dispunctiones; Emblemata.

ALDERMEN are members of municipal corporations. The Municipal Corporations Act, 1835, provides that in every borough to which it applies there shall be elected a mayor, and a certain number of fit persons to be called the aldermen, and a certain number of councillors, and the mayor, aldermen and councillors form the council or administrative body of the corporation. The act regulates their qualification and the mode of their election."

ALE-HOUSES. See Licence.

ALIA ENORMIA ("other wrongs") was the name given to a general allegation of injuries caused by the defendant with which the plaintiff in an action of trespass under the old practice concluded his declaration. It is still used in indictments for assault, and entitles the prosecutor to give in evidence circumstances of aggravation (7. z.).

ALIAS.-§ 1. An alias writ is one which is issued when a former writ Writ. has not produced its effect; thus, if nulla bona is returned to a writ of fieri facias (9.v.), an alias fi. fa. may be sued out. The writ is so called from the words "as we have formerly commanded you" (sicut alias præcepimus) being inserted after the usual commencement, "We command you." (See Pluries; Writ.)

1 Co. Litt. 76 a, 91 a.

2 Gale on Easements, 335.

3 See Aldred's case (9 Rep. 58 b), where the court said that for stopping wholesome air an action lies, and à fortiori for infecting and corrupting the air; but this seems put on the ground of property or natural right rather than of easement. In Dent v. Auction Mart Co. (L. R., 2 Eq. p. 238), an

interference with the access of air was
restrained on the ground of its being a

4 Webb v. Bird, 13 C. B., N. S. 841.

5 Holtzen. Enclyc. s. v.

6 Grant on Corporations, 355, 415.
7 Archbold, Crim. Pl. 694.
8 Archbold, Pr. 585.

Bl. Comm. iii. 283.

Alias dictus.

By birth, or by election.

Alien enemies.

§ 2. When a person who goes by several names is indicted, he is described in the indictment as "A. B., otherwise C. D.," &c.; formerly, when pleadings, &c. were in Latin, this was expressed alias dictus ("otherwise called”),' and hence such a person is said to go by several aliases or false names.

ALIBI.-A prisoner or accused person is said to set up an alibi when he alleges that at the time when the offence with which he is charged was committed he was "elsewhere," that is, in a different place from that in which it was committed. If proved it is of course a complete answer to the charge, and is consequently a favourite defence.3

ALIEN-ALIENAGE.—§. 1. An alien is a person who is not a British subject, as opposed (a) to natural-born subjects (as to these, see Allegiance), (b) to aliens who have become British subjects by naturalization (naturalized aliens), and (c) to denizens (7. v.).1

§ 2. Aliens are either aliens by birth (aliens nées), or aliens by election. The former class includes all persons born abroad, except the children of ambassadors and persons whose fathers or paternal grandfathers were British subjects. To the class of aliens by election belong those persons who have availed themselves of the provisions of the Naturalization Act, 1870, which allows a British subject to become an alien either by expatriation (q. v.), or, in certain cases, on his making a declaration of alienage. The act also makes an Englishwoman who marries a foreigner an alien."


§ 3. Aliens are also divisible into alien enemies and alien friends (alien amys), according as the state of which they are subjects is or is not at war with the United Kingdom. Alien enemies have in theory no rights or privileges unless by the Queen's special favour. And if they bring goods into this country after the declaration of war it is said that they are liable to be seized. It is also said that if the plaintiff in an action is or becomes at any time before verdict an alien enemy, the Court will stay Alien friends. the proceedings on the application of the defendant." Alien friends have certain disabilities; thus, an alien cannot be the owner of a British ship," or hold certain offices, or vote at certain elections. (See Allegiance; Extraterritoriality.)


ETYMOLOGY AND HISTORY.]-Norman French: alien, apparently from Latin alienigena, "one born in a strange country, under the obedience of a strange prince or country.”1

ALIEN-ALIENATION.-To alien is to pass property from one person to another. Alienation is either (1) voluntary, when it takes



1 Cro. Eliz. 249; Archbold, Crim. Pl.

2 Best on Evidence, 460.

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place with the will of the owner, as in the case of a conveyance, gift, &c.; (2) involuntary, where his consent is immaterial, as in the case of descent, intestacy, bankruptcy, forfeiture, vesting orders, &c.; or, (3) partly voluntary and partly involuntary, as in the case of alienation by will (devise and bequest).

ALIENI JURIS. See Sui Juris.

ALIMONY is a gross or annual sum of money ordered, in a suit for dissolution of marriage or judicial separation, to be paid by the husband to the wife for her support. It is either payable pendente lite, that is, during the suit, or is permanent.'

ETYMOLOGY.]—Alimonium, sustenance.



"with another intent" than that alleged). In Divorce practice, a suit is said to be brought alio intuitu when it is not brought bonâ fide for the reason or with the object alleged.2




In old reports it is used to contrast the rules

applying to two different cases.

ALIUNDE = from elsewhere. Thus in construing a document, explanatory evidence which appears from some other source is said to appear aliunde.

'ALL THE ESTATE" is the name given to the short clause in a conveyance or other assurance which purports to convey "all the estate, right, title, interest, claim and demand" of the grantor, lessor, &c., in the property dealt with. The clause is said to be wholly inoperative and unnecessary. (See General Words; Deed.)

ALLEGATION is a statement of fact made in a legal proceeding; e.g. in an affidavit or pleading.

§ 2. In ecclesiastical causes, every plea after the first is termed an Ecclesiastical allegation. An allegation by the defendant, controverting the plaintiff's pleading. charge, seems to be called a responsive allegation, and, if the plaintiff rejoins to it, his allegation is called a counter allegation, or rejoining allegation. When a party objects to the evidence taken by the other party, he is said to give an exceptive allegation. (See Plea; Libel; Noviter perventa.)

ALLEGIANCE "is the tie or ligamen which binds the subject to the

1 Browne on Divorce, 157.

2 Ibid. 131, 339.

3 Davids. Conv. i. 93.

4 See Rules of Court, xix.

6 Phill. Eccl. Law, 1254, 1289.

Ibid. 1256; Rogers, Eccl. Law, 722.




king, in return for that protection which the king affords the subject."1 It consists in "a true and faithful obedience of the subject due to his sovereign," and is commonly said to be of four kinds-natural, acquired, local, and legal.


§ 2. Natural allegiance is that which is due from all men born within the king's dominions immediately upon their birth. A person born in the British dominions of alien parents may divest himself of this natural allegiance by making a declaration of alienage (7.7.) § 3. Acquired allegiance is that obtained by naturalization or denization (q. v.). § 4. Local allegiance is that which is due from every alien only so long as he continues within the dominions of the English crown. § 5. Legal allegiance is so called "because the municipal laws of this realm have prescribed the order and form of it;"' it is created by the oath of allegiance, which has to be taken on various occasions-e.g. by the great officers of the crown on assuming office. It does not seem to add anything to the duties of ordinary allegiance. To the class of legal allegiance may also be referred that due from the children and grandchildren born abroad of natural-born British subjects, of which, however, they may divest themselves by a declaration of alienage (q. v.)."

§ 6. Allegiance is also used with the sense of locality, as where a person is said to be born within the allegiance of the crown, meaning within the British dominions.10

ETYMOLOGY.]-Norman-French: aleggeaunce," ligeaunce, from lige, pure, absolute; so that "liege homage" meant unconditional homage.13 Lige is said to be derived from German ledig=free, a " ledigman" (ligius homo) being a man who was free from all obligations to anyone but his lord.1 Originally allegiance was applied also in certain cases to the obligation due by tenants to their feudal lords.12

ALLOCATUR, in the practice of the Common Law Divisions of the High Court, is a certificate by a master of the result of a taxation of costs. (Latin it is allowed.)



ALLOCUTUS.-In criminal procedure, when a prisoner is convicted on a trial for treason or felony, the Court is bound to demand of him what he has to say as to why the Court should not proceed to judgment against him this demand is called the allocutus, and is entered on the record.16

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ALLODIAL.-Land is said to be allodial, or to be held by an allodial tenure, when it is the absolute property of the owner and not held by him of any lord or superior, as in the feudal system. No subject in England can hold land allodially. (See Feudal.)

ALLONGE.-When the back of a bill of exchange or similar instrument has been filled up with indorsements, a slip of paper may be annexed to it to receive any further indorsements, and thenceforth forms part of the bill. This slip is sometimes known by the French word "allonge," from allonger, to lengthen.

ALLOT.—§ 1. To allot is to indicate that a portion of property held by a number of joint owners is in future to belong exclusively to a specific person called the "allottee." Thus a partition of land is effected by Partition. allotting to each owner his share in severalty.3

§ 2. An inclosure of land under the General Inclosure Act, 1845, is Inclosed land. carried into effect by the land being allotted in accordance with the order or act authorizing the inclosure and the rights of the persons interested. "Allotment" signifies not only the act of allotting the land, but also the portion of land allotted; the allotments are named from the purposes for which they are made, e. g. allotments for exercise and recreation, allotments for labouring poor, allotments to the lord, commoners, &c. (See Inclosure.)

§ 3. In the law of companies, to allot shares, debentures, &c. is to Shares. appropriate them to the applicants or persons who have applied for them; this is generally done by sending to each applicant a letter of allotment, informing him that a certain number of shares have been allotted to him, and he is then called an allottee. An allotment of shares pursuant to an application for them, constitutes, with the application itself, an agreement binding both on the applicant and on the company, the application being an offer to take their shares, and the allotment an acceptance of the offer. (See Scrip.)


§ 4. In the law of merchant shipping, an allotment of wages is where Wages. a seaman by the agreement of service stipulates for the periodical payment of sums out of his wages by the shipowner or agent. This is done by an allotment note, which gives the necessary particulars, including the name of the person to whom the allotments are to be paid, and the relation in which he or she stands to the seaman, e. g. wife, parent, child, &c.6

ALLOTMENT WARDEN.-By the General Inclosure Act, 1845, s. 108, when an allotment for the labouring poor of a district has been made on an inclosure under the act, the land so allotted is to be under the management of the incumbent and churchwarden of the parish, and

1 As to the derivation of the word, see

Skeat's Etym. Dict.

Byles on Bills, 150.

3 Litt. § 246 et seq.

General Incl. Act, 1845, s. 72 et seq.

5 Lindley on Partnership, 108; Thring on Companies, 30 et seq.

6 Merch. Shipp. Act, 1854, s. 168; Maude & Pollock, 165.

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