man may recover damages for the non-performance of it, and then there is no doubt to decree it in equity. Treatise of Eq. 187-8. See also Age-Baron and Feme-Marriage-Infant-Lunatics. AGRI, in our law, denotes arable land in the common fields. Fortescue. AID, (auxilium) is all one with the French aide, and in general acceptation is understood to be a subsidy granted to the crown. By the ancient or rather feudal law of the land, the king and any lord of the realm might lay an aid upon their tenants, for knighting an eldest son, or marriage of a daughter; but these tenures were abolished by 12 Cur. 2. c. 24. And by stat. 34 Ed. 1. c. 1. It is ordained that the king shall levy no aid or tax without his parliament. AID OF THE KING, (auxilium regis) If a man be impleaded, and cannot make a defence, he may petition or pray in aid of the king; and aid of the king shall be granted in all actions, where the king may have prejudice; as in all real actions where the title of the king appears to be, and also in all personal actions where the interest of the king may be concerned, as in ejectment against the king's lessee, trespass, replevin, case, debt or other personal action against the king's farmer or officer. Rol. Abr. Comyn's Dig. In these cases, the proceedings are stopped till the king's council are heard to say what they think fit, for avoiding the king's prejudice: and this aid shall not in any case be granted after issue; because the king ought not to rely upon the defence made by another. Jenk. Cent 64. Terms de Ley 35. Stat. 4 Ed. 1. and 14 Ed. 3. AID-PRAYER of a common person (auxilium petere) a word anciently made use of in pleading, for a petition in court to pray in aid from the reversioner or remainderman, or other having interest, when the title of the inheritance is in question. Comyn's Dig. tit. Aid. But this ancient mode of praying aid has long since been disused, and a more convenient course introduced, by the practice of letting parties into the liberty of filing bills of interpleader in a court of equity. AIEL, (of the French aieul, i. e. avus, the grandfather) was a writ, now in disuse, which anciently lay where a man's grandfather being seised of lands, a stranger abated and dispossessed the heir. Fitz. N. B. 221. ALIAMENTA, includes any liberty of passage, open way, water-course, &c. for the ease and accommodation of tenants. Kitch AL, (ald) words which begin with al or ald in the names of places, signify antiquity; as Alborough, Aldworth, &c. Cowel. Blount. ALANERARIUS, a manager and keeper of dogs, for the sport of hawking, from ala mus, a dog, known to the ancients. D Fresne. But Blount renders it a faulconer. ALBA, (the alb) a surplice or white sa cerdotal vest, anciently used by officiatin priests. Blount. ALBA FIRMA. This word is used by m lord Coke, and seems to signify a tenure 2 Inst. 10. When quit-rents,payable by free holders of manors, were reserved in silve or white money, they were anciently calle white rents, or blanch farms, reditus albi ; i contradistinction to rents reserved in work grain, &c. which were called reditus nigr or blacke maile. 2 Inst. 19. In Scotland this kind of small payment i called blanch-holding, or reditus alba firma, 2 Black. 42. n. ALBERGELLUM, signifies a defence fo the neck. Hovedon 611. ALBINATUS JUS, (derived from alit natus) the droit d'aubaine or right, which ex isted in France before the late revolution whereby the king at the death of an alier' became entitled to all that he was worth, unless he had a peculiar exemption. 1 Black. 372. Spelm. Glos. 24. ALBUM, is a word made use of for white rent, paid in silver. Rot. Parl. 6 H. 3. ALDER, signifies the first; as alder best, is the best of all; alder liefest, the most dear. Blount. ALDERMAN, (Saxon ealdorman, Latin aldermannus.) This was one of the three degrees amongst the Saxons. Etheling was the first, and Thane the lowest, but alderman was the same as our earl; the word was disused in the latter ages of the Saxons, and in its place the word earl was introduced. It is certain that it was used in the reign of Athelstan. Cowel. Blount. It literally imports no more than elder, but among the Saxons it signified a duke, an ear!, a nobleman; but then he was called Heretoga, viz. Mercna Heretoga, that was, alderman of Mercland; which title he had in relation to his military power: but the title alderman shewed his civil jurisdiction, which title afterwards was applied to a judge, as in the reign of Edgar, Alwin, the son of Æthelstane is called aldermanus totius Angliæ, that is according to Spelman, Justiciarius Anglie. Ibid. There was likewise aldermanus hundredi, which dignity was first introduced in the reign of Hen. 1. among whose laws we find, præst autem singulis hominum novinis decimus et toti simul hundredo unus de melioribus et vocetur aldermannus, qui dei leges et hominum jura, vigilante studiat observantia promovere. Du Cange. Cowel. Blount. But at this day, and long since, those are called aldermen who are associates to the chief civil magistrate of a city or town conporate. Stat. 24 H. 8. cap. 13. Spelman. And an alderman ought to be an inha bitant of the place, and resident where he is chosea; and if he removes, he is incapable of doing his daty in the government of the city or place, for which he may be disfranchized Mod. Rep. 36. ALE ECCLESIÆ, the wings or side-isles of the church, from the French Les ailes de PEglise. Cowel. Blount. ALECENARIUM, a sort of hawk called a lancer. Ibid. ALEHOUSES, By 5 Ed. 6. c. 25, no person shall keep an alehouse, unless licensed in sessions; or by two justices (one of the a) on pain of three days imprisonment, and a fine to be imposed by the quarter sessions. The justices have power to put them down, and to take recognizances for keeping good order; but this act shall not restrain the selling of malt liquors in fairs. By 1 Jac. 1. c. 9 alehouse-keepers permitting townsmen to sit tippling, are liable to ten shilings penalty, and on non-payment to be imprisoned till paid; and persons tippling therein, are to forfeit three shillings and fourpence, or sit in the stocks four hours. By 4 Jer. 1. c. 4. selling ale to an unlicensed alehouse-keeper, except for his own private use, incurs a penalty of six shillings and eight-pence for every barrel, to be recovered at the quarter-sessions. By Jac. 1. c. 5. persons convicted of druckenness are to forfeit five shillings, or be put in the stocks six hours. If convicted a second time, to be bound over to their good behaviour; but the prosecution must be within six months. Ibid. By 7 Jac. 1. c. 10. an alehouse-keeper, convicted under either of the two last acts, is disabled to keep an alehouse for three years. By 21 Jac. 1. c. 7. one witness, or the party's own confession, shall be sufficient; and the oath of the party confessing shall convict others. By 1 Car. 1. c. 14. alehouse-keepers permitting any person whatsoever to sit tippling, shall incur the penalty of 1 Jac. 1. c. 9. Vintners, keeping inns or victualling bouses, to be also liable. By 3 Car. 1. c. 4. persons, keeping alehouses without licence, are to forfeit twenty shillings to the poor, or be whipped; and for the second offence, to be committed to the house of correction for a month; but any person may, during a fair, sell mait liquors in booths. By 7 & 8 Will. 3. c. 19. alehouse-keepers were restrained from using plate; but by Geo. 5. c. 11. that part of the act was repealed. By 2 Geo. 2. c. 28. and 26 Geo. 2. c. 31. no licence shall be granted, but at a general meeting of justices, on September the first, or within twenty days after, and the same shall be made but for one year; notice is like wise to be given of the time and place for granting them; and persons selling brandy are to be licensed, and subject to the same rules as common alehouse-keepers. By 17 Geo. 2. c. 17. victuallers having a licence to retail spirits shall not, during the time of that licence, exercise the trade of a distiller, grocer, or chandler, or keep a brandy-shop for sale of any spirits, upon pain of forfeiting the licence, and also 10. for every offence. Fersons selling a less quantity than two gallons shall be deemed retailers. And the licence shall not extend to any other than the house mentioned in it. By 26 Geo. 2. c. 13. justices being brewers, inn-keepers, distillers, victuallers, or maltsters are prohibited from granting of licences for selling of ale, beer, or spirits. s. 12. But by 39 Geo. 3. c. 86. if in cities and towns any justice shall be incapable by reason of his dealing in spirits, a justice of the county at large may act $. 3. By 26 Geo. 2. c. 31. justices licensing ale houses are to take a recognizance in the sum of 10. for the maintenance of good order; which recognizance must be sent to the clerk of the peace, on penalty of 31. 6s. 8d. s. 1. Licences are to be granted to none, unless they were licensed the year preceding, or can produce certificates (except in cities and towns corporate, s. 16 ) of their good fame. s. 2. Where a justice shall adjudge the recognizance to be forfeited, he is to summon the party to the quarter sessions, and the jury finding him guilty, the recognizance is to be estreated, and he is to be disabled from selling beer or spirits for three years. Ibid. Where a justice shall suspect that any victualler sells ale or the like, without a license, he may summon him and the officer who surveys him,and examine such officer upon oath." Ibid. A justice, upon information that any person is reasonably suspected of selling ale, without a license, is to summon the party and evidence before him; and persons summoned not appearing are to forfeit 101. Ibid. The rights of the universities to grant licenses are reserved. The times of granting licences for common inns and alehouses in any city or town corporate are not altered. Parishioners are likewise declared to be competent witnesses. Ibid. By 30 Geo. 2. c. 24. publicans permitting journeymen, servants, or apprentices to game in their houses, are to forfeit 40s. and for the second and every subsequent offence 107. which penalties are to be levied by distress and sale. By 9 Geo. 3. c. 6. the powers, directions, and penalties, provided and established by any act made since 8 Geo. 2. as to selling spirituous liquors, without licence, may be exercised, but transporting and whipping are to cease. By 43 Geo. 3. c. 69. retailers of wine and spirits are to take out an annual excise-li- if the party has a beer li- 21. 4s. For every licence to retail foreign wines in Scotland, if the party as not a spiri. or beer licence, 31. 6s. 8d. ed annually within ten days after the expiration of the former, and no one shall retail ale, beer, or the like, without such annual excise licence on pain of 50 $. 3, 4, 5. On death or removal, the executors or assignees may sell under the licence. s. 6. Excise licences are not to be granted, except to such persons only, as have been previously licenced by the justices, and this act does not affect any former regulations, as to licences to be granted by the magistrates; and clerks to justices are entitled to the if he has a beer licence, but same fees as heret fore. s. 10. not one for spirits, 2. 13s. 4d. if he has also a spirit li cence, 1. 6s. 8d. For every licence to retail spirits in Great Britain, if the party's house be rated under 15/-41. 4s. at 30 and under 40 s. d. 5 20 5 10 0 5 18 0 660 614 0 - 77 20 - if By 30 Geo. 3. c. 38. the licences are to continue in force till Oct. 10, ensuing the granting thereof, and if granted between the 5th of April and Oct. 10, a rateable proportion only to be charged. s. 8. The licences are to be renewed annually, and persons retailing without a licence, or not renewing it, forfeit 501. 8. 9. On death or removal of licenced persons, the commissioners of excise may authorise the executors or assignees to carry on the trade, for the remainder of the term: one licence is sufficient for a partnership in a house; and the licence is not to authorise the party to retail in any other house, than that for which it was granted. s. 10. This is not to prejudice the privileges of the two universities, nor the company of vintners, or any town corporate; but freemen of the vintners' company by redemption are to take out licences: and the letters patent for licencing taverns at St. Albans are confirmed. s. 11, 12, 13. Persons selling foreign wine in less quantities, than equal to the measure first imported, or British made wines, in the quantity of twenty-five gallons or under, or spirits in less than two gallons, shall be deemed retailers. 5. 15. By 48 Geo. 3. c. 143. the stamp duties on licences to retail ale shall after Oct. 10 cease, and in lieu thereof the alehouse keeper, or victualler, shall take out an excise licence for the purpose, and pay for the same a licence duty of 21. 2s. Which licences shall be taken out from the excise within ten days next after the date of the justices' licence, and shall continue in force until the 10th of October ensuing, and no longer; and such licence is to be renew If persons be disabled by conviction to keep an alehouse, they are to forfeit this licence, and cannot afterwards sell any liquors thereunder. s. 11. By 52 Geo. 3. c. 59. if alehouse-keepers die, or remove, before the expiration of their licences, new ones may be granted to the executors, or new tenan's, till the next licencing day, obtaining within thirty days after such death or removal, the usual certificate, and entering into the recognizances; which certificates and recognizances are to be sent to the clerk of the peace to be renewed, s. 1. In Middlesex and Surry, the justices at the general licencing meetings, are to appoint special ones, not less than six nor more than eight, in each year: at which they may grant, on the removal of licen ed persons, a continuance of the licence, or a new one to the succeeding occupier, producing the certificate and entering into the recognizance. $. 3. permit ing to be sold, in their houses, excisable liquors by retail without a licence shall forfeit 20%, and the costs of conviction. s. 1. Any justice may determine complaints; and if the penalties are not paid on conviction, if the party is present, or if absent, within three days after notice thereof, the same may be levied by distress. 5. 2. The othcers are to execute their warrants agreeably to 27 Geo. 2. c. 20: the provisions of which, and of 33 Geo. 3. c. 55. (see Dutres), as to execution of warrants, are to extend to this act. Ibid. Distress may be sold within four days, and the officer to be allowed not exceeding 3. per day, and his assistants 2. s. 3, 4. Half of the penalty to be to the informer, and the other half to the poor of the parish; and if sufficient distress cannot be found, the justice may commit the offender for not exceeding six, nor less than three calendar months. s. 5. The leaving a summons at the place where the offence is committed, and affixing a e py thereof at the door, is sufficient to compi persons to answer informations for selling liquors by retail without licence. s. 6. Retailers, are to make previous entry at the excise, office of all places used for laying beer, ale, cyder, perry, and other exciseable liquors, on pain of 50%. and places not entered to be deemed concealed places. s. 7. Such liquors, and goods, and chattels, found where any offence is committed, to be liable to distress. s. 8. Persons making entry to be deemed retailers: justices may summon excise officers, to produce entries, and stock books, and may examine them on oath; and may summon retailers to produce licences; and for not producing them may adjudge the defaulters guilty. s. 9. Penalty of 107. on witnesses not attending summonses, to be levied by distress, and if sufficient cannot be found, the party may be committed for not exceeding six months: the penalty to be applied to the use of the poor of the parish. s. 10. Goods liable to seizure may be distrained wherever found, and justices may indorse warrants for seizing goods removed into their jurisdictions. s. 11. Appeals are allowed to the next quarter sessione, unless held within six days after conviction, and then to the next subsequent sessions, which may finally determine such appeals, and adjudge costs. s. 12. Justices may mitigate penalties, in the case of a first offence, but not to less than 10. Inhabitants may be witnesses, and penalties are to be determined in six months. s. 13, 14, 15. The act is not to prohibit the selling ale, or beer, at fairs. s. 17. By 38 Geo. 3. c. 54. he penalty in the last act is not to extend to beer, or ale, sold ALER SAN JOUR, (French) to go with out day, viz. to be finally dismissed the court, because there is no further day as signed for appearance. Kitch. 146. Cowel. Blount. ALE-SILVER, a rert or tribute annually paid to the lord-mayor of London, by those that sell ale within the liberty of the city. Antiq. Purver. 183. Cowel. Boun'. ALESTAKE, a may-pole caited alestake, because the country people drew much ale there: but it is not the common may-pole, but rather a long stake drove into the ground, with a sign on it, that ale was to be sold. Cowel. ALE-TASTER, is an officer appointed in every court leet, sworn to look to the assize and goodness of ale and beer, &c. within the precincts of the lordship. Kitch. 46. In London there are ale-commers, who are officers appointed to taste ale and beer, &c. in the limits of the city. Cowel. Blount. ALFET, (Saxon alfæetn) a cauldron or furnace, wherein boiling water was put for a criminal to dip his arm in up to his elbow, and there hold it for some time. Du Cange. Cowel. Blount. ALIAS, a second or further writ, issued from the courts at Westminster, after a capias, &c. sued out without effect. Cowel. Blount. ALIAS DICTUS, (or otherwise called) is the manner of description of a defendant in pleadings, better omitted as a variance may be fatal. ALIEN, (alienus, alienigena) an alien is, one born in a strange country, out of the allegiance of the king but a man born out of the land, if it be within the limits of the king's obedience beyond sea; or born of English parents out of the obedience of the king, if the parents at the time of the birth were of such obedience, is no alien. 1 Bac, Abr. tit. Al. a. If an English merchant goes beyond seu, and takes an alien wife, the issue shall inherit him; but it is not so, if an English woman goes beyond sea, and takes an alien husband, the children there born shall not inherit her. Cro. Car. 601, 602. Lit. Rep. 22, 24. 1 Sid. 198. 4 Ter. Rep. 300. Buc. Abr. tit. Al. a. 1 An alien cannot hold land by descent or purchase, or be tenant by the curtesy, or in dower. 5 Rep. 502. In case an alien purchase land, the king upon office found shall have it. Co. Lit. 2. So if an alien purchase any estate of freehold in houses, lands, tenements or hereditaments, the king upon office found shall have them. If an alien be made denizen and purchase and, and die without issue, the lord of the fee shall have the escheat, and not the king. But as to a lease for years, there is a difference between a lease for years of a house for the habita, tion of a merchant stranger being an alien, whose king is in league with ours: and a lease for years of lands, meadows, pastures, woods, and the like. For if he take a lease for years of lands, upon office found the king shall have it. But of a house for habitation, he may take a lease for years as incident to commerce, for without an habitation he cannot merchandize or trade. But if he depart or relinquish the realm, the king shall have the lease. So if he die possessed thereof, nether his executors or administrators shall have it, but the king: for he had it only for habitation, as necessary to his trade or traffic, and not for the benefit of his executor or administrator. But if the alien be no merchant, then the king shall have the lease for years, though it were for his habitation, and so it is if he be an alicn enemy. Co. Lit. 2 b. Aliens may obtain goods and personal estate, by trade, &c. And may maintain actions for the same, they may also have actions of assault and battery, and for support of their credit. 2 Bulst. 134. But they cannot bring any real action, unless it be for an house for necessary habitation, being for the benefit of trade. 7 Rep. Calvin's Case. And an alien enemy cannot maintain any action whatsoever, nor get any thing lawfully within this realm. Terms de Ley 6. An alien friend may be an administrator, and shall have administration of leases, as well as personal things, because he hath them in another's right, and not to his own use. Cro. Car. 8. 1 Vent. 417. S. C. cited. But it has been long doubted, whether an alien enemy should maintain an action as executor; for on the one hand it is said, that by the policy of the law, alien enemies shall not be admitted to actions to recover effects, which may be carried out of the kingdom, to weaken onrselves and enrich the enemy; and therefore public utility must be preferred to private convenience; but on the other hand it is said, that these effects of the testator are not forfeited to the king by way of reprisal, because they belong not to the alien enemy, for he is to recover them for others; and if the law allows such alien enemies, to possess the effects, as well as an alien friend, it must allow them power to recover, since in that there is no difference, and by consequence he must not be disabled to sue for them; if it were otherwise it would be a prejudice to the king's subjects, who could not recover their debts, from the alien executor, by his not being able to get in the assets of the testator. Cro. Eliz. 683. Molloy 870. Carter 49, 191. Skin. 370. An alien enemy coming into this kingdom, and taken in war, shall suffer death by the martial law; and not be indicted at the common law. Molloy de jur. Marit. 417. But an alien whilst he resides here is generally subject to our laws, and owes a local and temporary allegiance to the sovereign,by whose authority those laws are administered, and by whom his person and property are protected: consequently if during such residence he commit an offence, which in the case of a natural boru subject would amount to treason, he may be dealt with as such; and this whether his sovereign be in am ty, or at enmity with us. 1 Woodes 379. Post. 185. 1 Hawk. P. C. c. 17. s. 5. 32 Hen. 8. c. 16. s. 9. Aliens are subject to and shall have the benefit of the statutes against bankrupts. 21 Jac. 1. c. 19. s. 15. The property of an alien resident abroad, consisting of stock in the public funds, or other personal effects in this country, subject to the control of the court of chancery. 1 Atk. 19. But if an alien, resident abroad, dies intestate, his whole property here is distributable according to the laws of the country where he so resided; but the residence must be stationary, not occasional, else the municipal institutions will not attach upon the property. Ambl. 25, 415. No alien shall be returned on any jury, nor be sworn for trial of issues between subject and subject, &c. but where an alien is party in a cause depending, the inquest of jurors are to be half denizens, and half aliens: but in cases of high treason, this is not allowed. 2 Inst. 17. An alien shall not have any vote in choice of knights of the shire, or burgesses to parliament. Hob. 270. And persons that are aliens, or born out of the realm, are incapable to be members of parliament, enjoy offices, &c. Stat. 12 W. 3, cap. 2. ALIENATION, (from a'e are, to alien) 's the act whereby one man transfers the property and possession of lands or tenements, or other things to another. ALIMONY, (alimonia,) signifies nourishment or maintenance: and in a legal sense, is taken for that allowance which a married woman sues for either in the chancery or spiritual court, and is entitled, except in the cases of elopement or adultery, to recover from her husband, during any separation, Terms de Ley 38. Co. Lit. 335. a. The spiritual court is, however, the proper court to sue in for alimony. 12 Rep. 30. Moor 874. But if there is a trust fund, equity will in terpose: for in Williams v. Callow, the court appear to have decreed the wife a separate maintenance out of a trust fund, on account of the cruelty and ill behaviour of the husband, though there was no evidence of a divorce or agreement that the fund in dispute should be so applied. 2 Vern. So where the husband had quitted the kingdom, lord Hardwicke decreed the wife the interest of a trust fund, till he should return and maintain her as he ought. 2 Atk. 96. ALLAUNDS, ab alanis, Scythe gente, harehounds. Cowel, |