Aliments

In the Roman and
French law, this word signifies the
food, and other things necessary to the
support of life, as a dwelling, clothing,
and the like. The same name is given
to the money allowed for aliments.

I > . 00, 18, 43.

2. — By the common law parents and
children reciprocally owe each other
aliments or maintenance, (q. v.) Vide

1 111. Com. 4-17; Mcrl. Rep. h. t. ; Dig.
25, 3, 5. In the common law the word

^alimony (q. v.) is used. Vide Allow-
ance to a Prisoner.

ALIMONY', is the maintenance or
sup|H>rl which a husband is bound to
give to his wife upon a separation from
her; or the support which either father
or mother is bound to give to his or her
children, though this is more usually
culled maintenance.

2. — The causes for granting alimony
to the wife are, 1, desertion, (q. v.) 2,
cruelty, (q. v.) 4 Dcsaus. R. 79; 1
M‘Cord’s Cli. R. 205 ; 4 Rand. R. 002 ;

2 .1. J. Marsh. R. 324 ; 1 Edw. R. 02;
and 3, divorce, 4 Litt. R. 252 ; 1 Edw.
R. 382 ; 2 Paige, R. 02; 2 Uinn. R.
202 ; 3 Yr cates, R. 50 ; 3 S. & R. 248;
9 S. & R. 191 ; 3 John. Ch. R. 519;
o Joh* Ch. R. 01.

3. — In Louisiana by alimony is
meant the nourishment, lodging and
support of the person who claims it.
It includes education when the person

to whom alimony is due is a minor.
Civil Code of L. 240.

4. — Alimony is granted in propor-
tion to the wants of the person requir-
ing it, and the circumstances of those
who are to pay it. By the common
law parents and children owe each
other alimony. 1 Black. Comm. 447 ;
2 Comm. Dig. 498 ; 3 Ves. 358 ;
4 Via. Ab. 175; Ayl. Parerg. 58;
Dane’s Ab. Index, h. t. ; Dig. 34, 1. 0.

5. — Alimony is allowed to the wife,
pendente life , almost as a matter of
course, whether she lx? plaintiff or de-
fendant, for the obvious reason that she
has generally no other means of living.
1 Clarke’s R. 151; but there arc spe-
cial cases where it will not be allowed,
as when the wife, pending the progress
of the suit, went to her father’s who
agreed with the husband to support her
lor services. 1 Clarke’s R. 460. See
Shelf, on Mar. & Div. 580. 2 Toull.
n. 012.

ALLEGATA, a word which the
emperors formerly signed at the bottom
of their rescripts and constitutions, under
other instruments they usually wrote
signata or tcsUUa. Eney. Lend.

Allkoata and probata. The
allegations made by a party to a suit
and the proof adduced in their support.
It is a general rule of evidence that the
allegaUi and probata must correspond;
that is, the proof must at least, lie suf-
ficiently extensive to cover all the alle-
gations of the party. Grccnl. Ev. §
51 ; 3 N. S. 636.

ALLEG \TION, in the English ec-
clesiastical law ; according to the prac-
tice of the prerogative court, the facts
intended to be relied on in support of
the contested suit a tv set forth in the
plea, which is termed an allegation;
this is submitted to the inspection of the
counsel of the adverse party, and, if
it ap]x*ar to them objectionable in form
or substunco, they opj>o»c the admis-
sion of it. If the opposition goes to the
substance of the allegation, and is held
to lie well founded, the court rejects it;
by which mode of proceeding the suit
is terminated without going into any
i proof of the facts. 1 Phil. 1. n. ; 1 Eccl.

100

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ALL

Rep. 11, n. S. C. See 1 Brown’s Civ.
Law, 472, 3, n.

Allegation, in the common law, is
the declaration or statement of a party
of what lie can prove.

Allegation, in the civil law , is the
citation or reference to a voucher to
support a proposition. Diet, de Ju-
risp.; Encyclopedic, mot, Allegation; 1
Brown’s Civ. Law, 173, n.

Allegation of faculties. When
a suit is instituted in the English eccle-
siastical courts, in order to obtain ali-
mony, before it is allowed an allega-
tion must be made on the part of the
wife, stating the property of the hus-
band. This allegation is called an al-
ligation of faculties. Shelf, on Mar.
& Div. 587.

ALLECIANCE, is the tic or liga-
ment which binds the citiz.cn to the
government, in return for the protec-
tion which the government aflbrds him.

2. — It is natural, acquired, or local.
Nuturnl allegiance is such as is due
from all men liorn within the United
States; acquired allegiance is that which
is due by a naturalized citizen : it has
never been decided whether a citizen
can, by expatriation, divest himself ab-
solutely of that character, 2 Crunch, 04 ;
1 Peters's C. C. Rep. 159; 7 Wheat.
R. 283; 1) Mass. R. 401.

3. — It seems, however, that he can-
not renounce his allegiance to the
United States without the permission of
the government to bo declared bylaw.
But for commercial purposes he may
acquire the rights of a citizen of another
country, ami the place of his domicil
determines the character of a party as
to trade. 1 Kent, Com. 71; Com. Rep.
077 ; 2 Kent, Com. 42.

4. — Local allegiance is that which is
due from an alien, while resident in the
United States, for the protection which
the government affords him. 1 HI. Com.
306, 372; Com. Dig. h. t. ; Dane’s
Ah. Index, h. t. ; 1 East, P. C. 49
to 57.

ALLIANCE, relationship, is the
uni«>n or connexion of two persons or
families by marriage, which is also
called affinity. This word is derived

from the Latin preposition art and
figure, to bind. Vide Inst. 1, 10, G ;
Dig. 38, 10, 4, 3; and Ajfinilt/.

Alliance, international hue, is a
contract, treaty, or league, between two
sovereigns or states, made to insure
their safety and common defence.

2. Alliances made for warlike pur-
poses are divided in general into defen-
sive and offensive ; in the former the
nation only engages to defend her ally
in case he be attacked ; in the latter,
she unites with him for the purpose of
making an attack, or jointly waging
the war against another nation. .Some
alliances are both offensive and defen-
sive ; and there seldom is an offensive
alliance w hich is not also a defensive
one. Vattel, B. 3, c. 6, § 79. 2 Dali.

15.

ALLOCATION, Eng. law. An
allowance ujM»n account in the Exche-
quer; or rather, placing or adding to a
thing. Encvc. Loud.

A L LOCATION E FACI END A
Eng. law. A writ commanding that
an allowance be made to an account-
ant, for such moneys as he has law-
fully expended in his office. It is di-
rected to the lord treasurer and barons
of the exchequer.

ALLOCATUR, practice, is the nl-
! lowancc of a writ ; c. g. when a writ
of habeas corpus is prayed for, the
judge directs it to bo done, by writing
the word allowed, and signing his
name, this is called the allocatur. In
the English courts, this won! is used to
indicate the master or prothonotary’s
allowance of a sum referred for his
consideration, whether touching costs,
damages, or matter of account. Lee’s
i Did. h. t.

ALLODIUM, estates , signifies an
absolute estate of inheritance in con-
tradistinction to n feud.

2. — In this country, the title to land
is essentially allodial, and every tenant
in fis* simple 1ms an absolute and jk.t-
fect title, yet in technical language his
estate is called an estate in fee simple,
and the tenure free and common socage.
3 Kent. Com. 390. Vide Cruiser, Prel.
Dis. c. 1, § 13 ; 2 Bl. Com. 45. For

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ALM

101

the etymology of tills word vide 3 Kent,
Com. 398, note.

ALLONGE, French law. When a
bill of exchange, or other paper is too
small to receive the endorsements
which are to be made on it, another
piece of paper is added to it, and bears
the name of allonge. Hard. n. 343.
Story on P. N., § 121, 151 ; Story on
Bills, § 204. See Rhlcr.