英文法律词典 A-89

ALLUVION. The insensible increase of the earth on a shore or bank of a river by the force of the water, as by a current or by waves. It is a part of the definition that the addition, should be so gradual that no one can judge how much is added at each moment of time. Just. Inst. lib. 2, tit. 1, 20; 3 Barn. & Cress. 91; Code Civil Annote No. 556. The proprietor² of the bank increased by alluvion is entitled to the addition. Alluvion differs from avulsion in this: that the latter is sudden and perceptible. See avulsion. See 3 Mass. 352; Coop. Justin. 458; Lord Raym. 77; 2 Bl. Com. 262, and note by Chitty; 1 Swift's Dig. 111; Coop. Just. lib. 2, t. 1; Angell on Water Courses, 219; 3 Mass. R. 352; 1 Gill & Johns. R. 249; Schultes on Aq. Rights, 116; 2 Amer. Law Journ. 282, 293; Angell on Tide Waters, 213; Inst. 2, 1, 20; Dig. 41, 1, 7; Dig. 39, 2, 9; Dig. 6, 1, 23; Dig. 1, 41, 1, 5; 1 Bouv. Inst. pars³ 1, c. 1 art. 1, 4, s. 4, p. 74.

ALLY, international law. A power which has entered into an alliance with another power. A citizen or subject of one of the powers in alliance, is sometimes called an ally; for example, the rule which renders it unlawful for a citizen of the United States to trade or carry on commerce with an enemy, also precludes⁴ an ally from similar intercourse⁵. 4 Rob. Rep. 251; 6 Rob. Rep. 406; Dane's Ab, Index, h. t.; 2 Dall. 15.

ALMANAC. A table or calendar, in which are set down the revolutions of the seasons, the rising and setting of the sun, the phases of the moon, the most remarkable⁶ conjunctions, positions and phenomena⁷ of the heavenly bodies, the months of the year, the days of the month and week, and a variety of other matter.

2. The courts will take judicial⁸ notice of the almanac; for example, whether a certain day of the month was on a Sunday or not. Vin. Ab. h. t.; 6 Mod. 41; Cro. Eliz. 227, pl. 12; 12 Vin. Ab. Evidence (A, b, 4.) In dating instrments, some sects⁹, the Quakers, for example, instead of writing January, February, March, &c., use the terms, First month, Second month, Third month, &c., and these are equally valid¹⁰ in such writings. Vide 1 Smith's Laws of Pennsylvania, 217.

ALLODARII, Eng. law, Book of Domesday. Such tenants¹¹, who have as large an estate as a subject can have. 1 Inst. 1; Bac. Ab Tenure¹², A.

ALMS. In its most extensive sense, this comprehends every species of relief bestowed¹³ upon the poor, and, therefore, including all charities. In a more, limited sense, it signifies what is given by public authority for the relief of the poor. Shelford on Mortmain, 802, note (x); 1 Dougl. Election Cas. 370; 2 Id. 107; Heywood on Elections, 263.

ALTA PRODITIO, Eng. law. High treason.

ALTARAGE, eccl. law. Offerings made on the altar; all profits which accrue¹⁴ to the priest by means of the altar. Ayl. Par¹. 61; 2 Cro. 516.

TO ALTER. To change. Alterations¹⁶ are made either in the contract itself, or in the instrument which is evidence of it. The contract may at any time be altered with the consent of the parties, and the alteration¹⁵ may be either in writing or not in writing.

2. It is a general rule that the terms of a contract under seal, cannot be changed by a parol agreement. Cooke, 500; 3 Blackf. R. 353; 4 Bibb. 1. But it has been decided¹⁷ that an alteration of a contract by specialty¹⁸, made by parol, makes it all parol. 2 Watts²⁰, 451; 1 Wash. R. 170; 4 Cowen, 564; 3 Harr. & John. 438; 9 Pick. 298; 1 East, R. 619; but see 3 S.& R. 579.

3. When the contract is, in writing, but not under seal, it may be varied²¹ by parol, and the whole will make but one agreement. 9 Cowen, 115; 5.N. H. Rep. 99; 6 Harr. & John, 38; 18 John. 420; 1 John. Cas. 22; 5 Cowen, 606; Pet. C. C. R. 221; 1 Fairf. 414.

4. When the contract is evidenced by a specialty, and it is altered by parol, the whole will be considered as a parol agreement. 2 Watt¹⁹ 451; 9 Pick. 298. For alteration of instruments see Erasure²²; Interlineation. See, generally, 7 Greenl. 76, 121, 394; 15 John. 200; 2 Penna. R. 454.