ALER SANS JOUR, or aller sans jour, in practice. A French phrase which means go without day; and is used to signify that the case has been finally dismissed the court, because there is no further day assigned for appearance. Kitch. 146.

ALFET, obsolete¹. A vessel² in which hot water was put, for the purpose of dipping a criminal's arm in it up to the elbow.

ALIA ENORMIA, pleading. And other wrongs. In trespass³, the declaration ought to conclude "and other wrongs to the said plaintiff then and there did, against the peace," &c.

2. Under this allegation of alia enormia, some matters may be given in evidence in aggravatiou of damages, though not specified⁴ in other parts of the declaration. Bull. N. P. 89; Holt, R. 699, 700. For example, a trespass for breaking and entering a house, the plaintiff may, in aggravation⁵ of damages, give in evidence the debauching of his daughter, or the beating of his servants, under the general allegation alia enormia, &c.;6 Mod. 127.

3. But under the alia nomia no evidence of the loss of service, or any other matter which would of itself sustain an action; for if it would, it should be stated specially⁶. In trespass quare clausum fregit, therefore, the plaintiff would not, under the above general allegation, be permitted to give evidence of the defendant⁷'s taking away a horse, &c. Bull. N. P. 89; Holt, R. 700; 1 Sid. 225; 2 Salk. 643; 1 Str. 61; 1 Chit. Pl. 388; 2 Greenl. Ev. 278.

ALIAS⁸, practice. This word is prefixed to the name of a second writ⁹ of the same kind issued in the same cause; as, when a summons has been issued and it is returned by the sheriff, nil¹⁰, and another is issued, this is called an alias summons. The term is used to all kinds of writs¹¹, as alias fi. fa., alias vend¹². exp. and the like. Alias dictus, otherwise called; a description of the defendant by an addition to his real name of that by wbich he is bound in the writing; or when a man is indicted¹³ and his name is uncertain, he may be indicted as A B, alias dictus C D. See 4 John. 1118; 1 John. Cas. 243; 2 Caines, R. 362; 3 Caines, R. 219.

ALIBI¹⁴, in evidence. This is a Latin word which signifies, elsewhere.

2. When a person, charged with a crime, proves (se eadem die fuisse alibi,) that he was, at the time alleged¹⁵, in a different place from that in which it was committed, he is said to prove an alibi, the effect of which is to lay a founation for the necessary inference, that he could not have committed it. See Bract. fo. 140, lib. 3, cap. 20, De Corona¹⁶.

3. This proof is usually made out by the testimony¹⁷ of witnesses, but it is presumed it might be made out by writings; as if the party could prove by a record properly authenticated¹⁸, that on the day or at the time in question, he was in another place.

4. It must be admitted that mere¹⁹ alibi evidence lies under a great and general prejudice, and ought to be heard with un-common caution; but if it appear, to be founded in truth, it is the best negative evidence that can be offered; it is really positive evidence, which in the nature of things necessarily implies a negative; and in many cases it is the only evidence which an innocent man can offer.