ALTERATION¹. An act done upon an instrument in writing by a party entitled under it, without the consent of the other party, by which its meaning or language is changed; it imports some fraud or design on the part of him who made it. This differs from spoliation, which is the mutilation of the instrument by the act of a stranger.

2. When an alteration has a tendency to mislead, by so changing the character of the instrument, it renders it void; but if the change has not such tendency, it will not be considered an alteration. 1 Greenl. Ev. 566.

3. A spoliation, on the contrary, will not affect the legal character of the instrument, so long as the original writing remains² legible; and, if it be a deed, any trace of the seal remains. 1 Greenl. Ev. 566. See Spoliation.

ALTERNAT. The name of a usage among diplomatists by which the rank and places of different powers, who have the same rights and pretensions³ to precedence, are changed from time to time, either in a certain regular order, or one determined⁴ by lot. In drawing up treaties and conventions, for example, it is the usage of certain powers to alternate, both in the preamble⁵ and the signatures, so that each power occupies, in the copy intended to be delivered to it, the first place. Wheat. Intern⁶. Law, pt. 2, c. 3, 4..

ALTERNATIVE. The one or the other of two things. In contracts a party has frequently the choice to perform one of several things, as, if he is bound to pay one hundred dollars, or to deliver a horse, he has the alternative. Vide Election; Obligation; Alternative.

ALTIUS NON TOLLENDI, civil law. The name of a servitude due by the owner of a house, by which he is restrained from building beyond a certain height. Dig. 8, 2, 4, and 1, 12, 17, 25.

ALTIUS TOLLENDI, civil law. The name of 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, unless he, is restrained by home contrary title.

ALTO ET BASSO. High and low. This phrase is applied⁷ to an agreement made between two contending parties to submit all matters in dispute, alto et basso, to arbitration⁸. Cowel.

ALTUM MARE¹⁰. The high sea. (q. v.)

ALUMNUS, civil law. A child which one has nursed; a foster child. Dig. 40, 2, 14.

AMALPHITAN CODE. The name given to a collection of sea-laws, complied about the end of the eleventh century, by the people of Amalphi. It consists of the laws on maritime¹¹ subjects which were, or had been, in force in counries bordering on the Mediterranean¹²; and, on account of its being collected into one regular system, it was for a long time received as authority in those countries. 1 Azun. Mar⁹. Law, 376.

AMANUENSIS. Oe who write another dictates¹³. About the beginning of the sixth century,, the tabellions (q.v.) were known by this name. 1 Sav. Dr. Rom. Moy. Age, n. 16.