ALE-CONNER apprentices, and all controversies between master They were so called to distinguish them from and apprentice; the allotment of dower in lands, reditus nigri, which were rents reserved payable in the cases by law provided; the partition of in work, grain, and the like; Coke, 2d Inst. 19. lands within their counties; the change of the ALCALDE. In Spanish Law. A judinames of persons residing in their counties, etc.;cial officer in Spain, and in those countries Const. art. vi. §§ 1, 9, 12, 15; Code of 1876, §§ which have received the body of their laws from those of Spain. His powers and duties are similar to those of a justice of the peace. ALDERMAN (equivalent to senator or senior). 684-694. The Court of County Commissioners is established by law in each county. It is composed of the probate judge and four commissioners, who are elected by the qualified voters of the county for a term of four years. It has jurisdiction in relation to roads, bridges, causeways, and fer- In English Law. An associate to the chief ries, and it has authority to direct and control civil magistrate of a corporate town or city. the property of the county; to levy county taxes; The word was formerly of very extended sigto examine, settle, and allow all claims against nification. Spelman enumerates eleven classes the county; to examine and audit the accounts of aldermen. Their duties among the Saxons of all officers having the care, management, col-embraced both magisterial and executive power, lection, or disbursement of money belonging to but would seem to have been rather an appellathe county, or appropriated for its use and bene-tion of honor, originally, than a distinguishing fit; to make rules and regulations for the sup- mark of office; Spelman, Gloss. port of the poor; and to establish, change, or abolish election precincts; Code of 1876, §§ 244, 246, 745, 746, 252. Aldermannus civitatis burgi seu castellæ (alderman of a city, borough, or castle); 1 Bla. Com. 475, n. Aldermannus comitatus (alderman of the coun 116. Aldermannus hundredi seu wapentachii (alderman of a hundred or wapentake); Spelman. Aldermannus regis (alderman of the king) was so called, either because he was appointed by the king, or because he gave the judgment of the king in the premises allotted to him. Justices of the Peace.-The constitution provides that there shall be elected, by the qualified ty), who is thought by Spelman to have held an electors of each precinct of the counties, not ex-intermediate place between an earl and a sheriff; ceeding two justices of the peace and one con stable, such justices to have jurisdiction in all by others, held the same as the earl; 1 Bla. Com. civil cases wherein the amount in controversy does not exceed one hundred dollars, except in cases of libel, slander, assault and battery, and ejectment; and that in all cases tried before such justices the right of appeal, without prepayment of costs, shall be secured by law; Provided, that the governor may appoint one notary public for each election precinct in counties, and one for each ward in cities of over five thousand inhabi-England). An officer of high rank whose duties I cannot be precisely determined. See Spelman, tants, who, in addition to the powers of notary, Gloss. shall have and exercise the same jurisdiction as justices of the peace within the precincts and wards for which they are respectively appointed; Const. of 1876, § 26, p. 141. They hold office for four years, and are conservators of the peace and committing magistrates. Aldermannus totius Angliæ (alderman of all The aldermen of the city of London were prob ably originally the chiefs of guilds. See 1 Spence, Eq. Jur. 54, 56. In American Cities. The aldermen are generally a legislative body, having limited. Of the Judges generally.-The judges are elected judicial powers as a body, as in matters of for a term of six years; Const. of 1876, art. vi. internal police regulation, laying out and re§ 15; Code of 1876, § 247. Judges of the supairing streets, constructing sewers, and the preme court, circuit courts, and chancery courts, receive stated salaries, which cannot be dimin-like; though in many cities they hold separate ished during their continuance in office; and they are prohibited from receiving any fees or perquísites of office, and from holding any other office of trust or profit under this state, the United States, or any other power; Const. of 1876, § 10. No judge of any court of record is allowed to practise law in any of the courts of the state, or of the United States. Regulations applicable to Officers generally.—All members of the general assembly, and all officers, executive and judicial, are required to take an oath to support the constitution of the United States and of the state of Alabama, while remaining citizens of the state, and to discharge, to the best of their abilities, the duties of their offices; Const. art. xv. § 1. courts, and have magisterial powers to a considerable extent. Consult Spelman, Gloss.; Cowel; 1 Sharsw. Bla. Com. 116; Reeve, Hist. Eng. Law; Spence, Eq. Jur. ALEATOR (Lat. alea, dice). A diceplayer; a gambler. "The more skilful a player he is, the wickeder he is;" Calvinus, Lex. ALEATORY CONTRACT. In Civil Law. A mutual agreement, of which the effects, with respect both to the advantages and losses, whether to all the parties or to some of them, depend on an uncertain event; La. Civ. Code, art. 2951. The term includes contracts, such as insurance, annuities, and the like. In pursuance of a section of the constitution authorizing the enactment of laws to suppress the evil practice of duelling, laws have been adopted requiring every public officer to take an anti-duelling oath, and disqualifying from holding office under the authority of the state all persons who have in this state, or in any of the United States, given, accepted, or knowingly carried a challenge to fight with deadly weaCourts, 46; Whishaw. pons; Const. art. iv. § 47; Code of 1876, §§ 149, 155. ALBA FIRMA. White rents; rents reserved payable in silver, or white money. ALE-CONNER (also called ale-taster). An officer appointed by the court-leet, sworn to look to the assize and goodness of ale and beer within the precincts of the leet; Kitchin, An officer appointed in every court-leet, and sworn to look to the assize of bread, ale, or beer within the precincts of that lordship; Cowel. mony of witnesses, but it is presumed it might be made out by writings; as if the party could prove by a record, properly authenticated, that on the day or at the time in question he was in another place. It has been said that this defence must be subjected to a most rigid scrutiny; and that ALIEN (Lat. alienus, belonging to another; foreign). A foreigner; one of foreign birth. of the king. ALIA ENORMIA (Lat., other wrongs). In Pleading. A general allegation, at the end of a declaration, of wrongful acts committed by the defendant to the damage of the plaintiff. In form it is, "and other wrongs then and there did against the peace, etc." Under this allegation, damages and matters which naturally arise from the act complained of may be given in evidence; 2 Greenl. Ev. In the United States, one born out of the § 678; including battery of servants, etc., in a declaration for breaking into and entering a has not been naturalized under their constitujurisdiction of the United States, and who house; 6 Mod. 127; 2 Term, 166; 7 Harr. &tion and laws; 2 Kent, 50. The children of J. Md. 68; and all matters in general which ambassadors and ministers at foreign courts, go in aggravation of damages merely, but however, are not aliens. And see 10 U. S. would not of themselves be ground for an Stat. 604. action; Buller, Nisi P. 89; 3 Mass. 222; 6 Munf. 308. But matters in aggravation may be stated specially; 15 Mass. 194; Gilm. 227; and matters which of themselves would constitute a ground of action must be so stated; 1Chitty, Pl. 348; 17 Pick. 284. See generally 1 Chitty. Pl. 648; Buller, Nisi P. 89; 2 Greenl. Ev. §§ 268, 273, 278; 2 Salk. 643; Peake, Ev. 505. ALIAS (Lat. alius, another). In Practice. Before; at another time. An alias writ is a writ issued where one of the same kind has been issued before in the same cause. The second writ runs, in such case, "we command you as we have before commanded you" (sicut alius), and the Latin word alias is used to denote both the writ and the clause in which it or its corresponding English word is found. It is used of all species of writs. An alien cannot in general acquire title to real estate by descent, or by other mere operation of law; 7 Coke, 25 a; 1 Ventr. 417; 3 Johns. Cas. 109; Hardin, 61; and if he purchase land, he may be divested of the fee, upon an inquest of office found; but until this is done he may sell, convey, or devise the lands and pass a good title to the same; 4 Wheat. 453; 12 Mass. 143; 6 Johns. Ch. 365; 7 N. H. 475; 1 Washb. R. P. 49. The disabilities of aliens in respect to holding lands are removed by statute in many of the states of the United States; in Alabama, wholly; Rev. Code, 1876, § 2860; in Arkansas, if they have declared an intention to become citizens; Rev. Stat. c. iii. § 224; Califor nia, wholly, if resident; if non-resident, must appear and claim within five years; Civ. Code, 1880, §§ 671, 672; Colorado, wholly; Laws, 1868, p. 45; Connecticut, wholly; Rev. Stat. 1875; tit. ii. c. 1, 4; Delaware, as in Arkansas; Rev. Code, 1852, c. 81, § 1; Florida, wholly; Const. 1868, preamble, § 17; Georgia, wholly, so long as alien government is at peace with U. S.; Rev. Code, 1873, § 1661; Illinois, wholly; Rev. Stat. 1880, c. 6, §1; Iowa, wholly; McClain's Stat. 1880, § 1908; Kentucky, wholly, after declaPresence in ration of intention to become a citizen of U. S.; a non-resident alien may take and hold by descent .or devise, but must alienate within eight years thereafter; Gen. Stat. 1873, p. 191, 192; Maine, wholly; Rev. Stat. 1871, C. 73, § 2; Massachusetts, wholly; Gen. Stat. c. 90, § 38; Michigan, wholly, if bona fide residents; Const., art. xviii. § 13; Mississippi, wholly if resident; Rev. Code, ALIAS DICTUS (Lat., otherwise called). A description of the defendant by adding to his real name that by which he is known in some writing on which he is to be charged, or by which he is known; 4 Johns. 118; 2 Caines, 362; 3 id. 219. ALIBI (Lat., elsewhere). another place than that described. When a person, charged with a crime, proves (se eadem die fuisse alibi) that he was, at the time alleged, 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 foundation for the necessary inference that he could not have committed it. See Bracton, 140. This proof is usually made out by the testi 1871, c. 52, § 2322, art. vi.; Missouri, wholly; Rev. Stat. c. 3, § 325; Nebraska, wholly; Const., art. i. § 14; New Hampshire, wholly, if resident; General Laws, 1878; New Jersey, wholly; Rev. Stat. 1877, c. 1, §1; New York, partly; 2 Rev. Stat. 1875; p. 1096; Ohio, wholly; 7 Rev. Stat. 1880,| § 4173; Oregon, wholly; Gen. Laws, 1872, 588; Pennsylvania, wholly; 1 Purd. Dig. 65; and as to corporations, Act June 1, 1881; Rhode Island, wholly; Gen. Stat. 1872, c. 161, § 6; South Carolina, as in Arkansas; Rev. Stat. 1873, p. 419; see 1 M'Cord, Ch. So. C. 146; Tennessee, partly; 1 Stat. of 1871, §§ 1998, 2427; Texas, wholly if a resi dent, and an intention to become a resident has been declared; Stat. Laws, 1870, 106; Virginia, partly; Code, 1873, 130; Wisconsin, wholly; Const., art. i. § 15; Maryland, the common law prevails; Mayer's Dig. 1870; North Carolina, wholly; Battle's Revisal, p. 78; Vermont, the common law prevails; but there is no provision in the state constitution or laws for declaring a forfeiture; 25 Vt. 433; 1 Washb. R. P. 49 n.; West Virginia, wholly; 1 Rev. Stat. 1879, 214. An alien has a right to acquire personal estate, make and enforce contracts in relation to the same; he is protected from injuries and wrongs to his person and property, his relative rights and character; he may sue and be sued; 7 Coke, 17; Dyer, 2 b; 1 Cush. 531; 2 Sandf. Ch. 586; 2 Woodb. & M. 1; 2 Kent, 63. An alien, even after being naturalized, is ineligible to the office of president of the United States, and in some states, as in New York, to that of governor; he cannot be a member of congress till the expiration of seven years after his naturalization. An alien can exercise no political rights whatever; he cannot, therefore, vote at any political election, fill any office, or serve as a juror; 6 Johns. 332. The disabilities of aliens may be removed, and they may become citizens, under the provisions of the Acts of Congress of April 14, 1802, c. 28; March 3, 1813, c. 184; March 22, 1816, c. 32; May 26, 1824, c. 186; May 24, 1828, c. 116. See 2 Curt. C. C. 98; 1 Woodb. & M. 323; 4 Gray, 559; 33 N. H. 89. An alien owes a temporary local allegiance, and his property is liable to taxation. As to the case of alien enemies, see that title. Consult Kent; Washburn, R. P. Of Estates. To alienate; to transfer. ALIEN ENEMY. One who owes allegiance to the adverse belligerent; 1 Kent, 73. He who owes a temporary but not a permanent allegiance is an alien enemy in respect to acts done during such temporary allegiance only; and when his allegiance terminates, his hostile character terminates also; 1 B. & P. 163. ALIENOR dency of modern law is to give them protection for person and property until ordered out of the country. If resident within the country, they may sue and be sued; 2 Kent, 63; 10 Johns. 69; 6 Binn. 241; 50 Ill. 186; they may be sued as non-resident defendants; 11 Wall. 259; 30 Md. 512; and may be served by publication, even though they had no actual notice, being within the hostile lines; 37 Md. 25. ALIENAGE. The condition or state of an alien. ALIENATE. To convey; to transfer; Coke, Litt. 118 b. Alien is very commonly used in the same sense; 1 Washb. R. P. 53. ALIENATION. Of Estates. The transfer of the property and possession of lands, tenements, or other things, from one person to another; Termes de la Ley. It is particularly applied to absolute conveyances of real property; 1 N. Y. 290, 294. Alienations by deed may be by conveyances at common law, which are either original or primary, being those by means of which the benefit or estate is created or first arises; or derivative or secondary conveyances, being those by which the benefit or estate originally created is enlarged, restrained, transferred, or extinguished; or they may be by conveyances The original conunder the statute of uses. veyances are the following: feoffment, gift, grant, lease, exchange, partition. The derivative are, release, confirmation, surrender, assignment, defeasance. Those deriving their force from the statute of uses are, covenants to stand seised to uses, bargains and sale, lease and release, deeds to lead or declare the uses of other more direct conveyances, deeds of revocation of uses; 2 Bla. Com. c. 20; 2 Washb. R. P. 600 et seq. See CONVEYANCE; DEED. Alienations by matter of record may be: by private acts of the legislature; by grants, as by patents of lands; by fines; by common recovery. As to alienations by devise, see DEVISE; WILL. In Medical Jurisprudence. A generic term denoting the different kinds of aberration of the human understanding; 1 Beck, Med. Jur. 535. ALIENATION OFFICE. In English Law. An office to which all writs of covenants and entries were carried for the recovery of fines levied thereon. ALIENEE. is made. One to whom an alienation ALIENI GENERIS (Lat.). Of another kind. ALIENI JURIS (Lat.) Subject to the authority of another. An infant who is under the authority of his father or guardian, and a wife under the power of her husband, are said to be alieni juris. See SUI JURIS. ALIENIGENA (Lat.). One of foreign birth; an alien; 7 Coke, 31. Alien enemies are said to have no rights, no privileges, unless by the king's special favor, during time of war; 1 Bla. Com. 372; Bynkershoek, 195; 8 Term, 166. But the ten-alienation. ALIENOR. He who makes a grant or ALIMENT. In Scotch Law. To support; to provide with necessaries; Paterson, Comp. §§ 845, 850. Maintenance; support; an allowance from the husband's estate for the support of the wife; Paterson, Comp. § 893. In Civil Law. Food and other things necessary to the support of life; money allowed for the purpose of procuring these; Dig. 50. 16. 43. In Common Law. To supply with necessaries; 3 Edw. Ch. 194. ALIMENTA (Lat. alere, to support). Things necessary to sustain life. Under the appellation are included food, clothing, and a house; water also, it is said, in those regions where water is sold; Calvinus, Lex.; Dig. 50. 16. 43. ALIMONY. The allowance which a hus band by order of court pays to his wife, living separate from him, for her maintenance; 2 Bishop, Marr. & D. 351; 55 Me. 21; 36 Ga. 286. Alimony pendente lite is that ordered during the pendency of a suit. Permanent alimony is that ordered for the use of the wife after the termination of the suit during their joint lives. To entitle a wife to permanent alimony, the following conditions must be complied with. First, a legal and valid marriage must be proved; Rob. Eccl. 484; 2 Add. Eccl. 484; 4 Hen. & M. 507; 10 Ga. 477; 5 Sess. Cas. N. S. Sc. 1288. Second, by the common law the relation of husband and wife must continue to subsist; for which reason no alimony could be awarded upon a divorce a vinculo matrimonii, or a sentence of nullity; 1 Lee, Eccl. 621; 1 Blackf. 360; 1 Iowa, 440; 2 Hagg. Cons. 395; Saxt. 96; 13 Mass. 264; 5 Pick. 461; 18 Me. 308; 4 Barb. 295; 1 Gill & J. 463; 8 Yerg. 67. This rule, however, has been very generally changed by statute in this country; 2 Bishop, Marr. & D. § 376. Third, the wife must be separated from the bed and board of her husband by judicial decree; voluntary separation, for whatever cause, is insufficient. And, as a general rule, the alimony must be awarded by the same decree which grants the separation, or at least in the same suit, it not being generally competent to maintain a subsequent and independent suit for that purpose; 9 Watts, 90; 27 Miss. 630, 692; 21 Conn. 185; 1 Blackf. 360; 8 Yerg. 67. Fourth, the wife must not be the guilty party; 1 Paige, Ch. 276; 2 Barb. Ch. 311; 2 Ill. 242; Wright, Ohio, 514; 6 B. Monr. 496; 11 Ala. N. s. 763; 24 N. H. 564; but in some states there are statutes in terms which permit the court, in its discretion, to decree alimony to the guilty wife; 2 Bishop, Marr. & D. 378. Alimony pendente lite is granted much more freely than permanent alimony, it being very much a matter of course to allow the former, unless the wife has sufficient separate property, upon the institution of a suit; 1 Hagg. Eccl. 773; 1 Curt. Eccl. 444; 2 B. Monr. 142; 2 Paige, Ch. 8; 11 id. 166; either for the purpose of obtaining a separation from bed and board; 1 Edw. Ch. 255; a divorce a vinculo matrimonii, 9 Mo. 539; 18 Me. 308; 1 Bland. Ch. 101; or a sentence of nullity, and whether the wife is plaintiff or defendant. The reason is, that it is improper for the parties to live in matrimonial cohabitation during the pendency of such a suit, whatever may be its final result; 1 Sandf. Ch. 483. Upon the same principle, the husband who has all the money, while the wife has none, is bound to furnish her, whether plaintiff or defendant, with the means to defray her expenses in the suit; otherwise, she would be denied justice; 2 Barb. Ch. 146; Walk. Ch. 421; 2 Md. Ch. Dec. 335, 393. See 1 Jones, No. C. 528. Harr. & Alimony is not a sum of money nor a specific proportion of the husband's estate given absolutely to the wife, but it is a continuous allotment of sums payable at regular intervals, for her support from year to year; J. 485; 9 N. H. 309; 9 B. Monr. 49; 6 W. & S. 85; 75 N. C. 70; 12 Fla. 449; 62 Barb. 109; but in some states statutory allowances of a gross sum have been given to the wife under the name of alimony; see 9 N. H. 309; 21 Conn. 185; 9 Ohio, 37; 107 Mass. 428; 40 Mich. 493; 78 Ill. 402; 36 Wis. 362; 23 Ind. 370; 19 Kan. 159. It must secure to her as wife a maintenance separate from her husband: an absolute title in specific property, or a sale of a part of the husband's estate for her use, cannot be decreed or confirmed to her as alimony; 3 Hagg. Eccl. 322; 7 Dana, 181; 6 Harr. & J. 485; 4 Hen. & M. 587; 6 Ired. 293. Nor is alimony regarded, in any general sense, as the separate property of the wife. Hence she can neither alienate nor charge it; 4 Paige, Ch. 509; if she suffers it to remain in arrear for more than one year, she cannot generally recover such arrears; 3 Hagg. Eccl. 322; if she saves up any thing from her annual allowance, upon her death it will go to her husband; 6 W. & S. 85; 12 Ga. 201; if there are any arrears at the time of her death, they cannot be recovered by her executors; 8 Sim. 321; 8 Term, 545; 6 W. & S. 85; as the husband is only bound to support his wife during his own life, her right to alimony ceases with his death; 1 Root, 349; 4 Hayw. 75; 4 Md. Ch. Dec. 289; and as it is a maintenance for the wife living separate from her husband, it ceases upon reconciliation and cohabitation. So also its amount is liable at any time to be increased or diminished at the discretion of the court; 8 Sim. 315, 321, n. ; 6 W. & S. 85. The preceding observations, however, respecting the nature and incidents of alimony should be received with some caution in this country, where the subject is so largely regulated by statute; 10 Paige, Ch. 20; 7 Hill, 207. In respect to the amount to be awarded for alimony, it depends upon a great variety of considerations and is governed by no fixed rules; 4 Gill, 105; 7 Hill, N.Y. 207; 1 Green, ALIMONY 151 ALLEGIANCE Otherwise; otherwise Evidence aliunde (i. e. from without the will) ALIUNDE (Lat.). From another place. may be received to explain an ambiguity in a will; 1 Greenl. Ev. § 291. ALL FOURS. A metaphorical expression, signifying that a case agrees in all its circumstances with another. ALLEGATA. A word which the emperors formerly signed at the bottom of their rescripts and constitutions; under other instruments they usually wrote signata or testata; Encyc. Lond. ALLEGATA ET PROBATA (Lat., made by a party to a suit, and the proof adthings alleged and proved). The allegations duced in their support. Ch. 90; 1 Iowa, 151; 10 Ga. 477. The live in seclusion, and wants only a comfortable ability of the husband, however, is a circum- subsistence; 2 Phill. Eccl. 40; Bishop, Marr. stance of more importance than the necessity & D. §§ 603-619. See 4 Thomp. & C. 574; of the wife, especially as regards permanent 36 Iowa, 383; 39 Ind. 185; 29 Wis. 517. alimony; and in estimating his ability his ALIO INTUITU (Lat.). Under a difentire income will be taken into consideration, ferent aspect. See DIVERSO INTUITU. whether it is derived from his property or his ALITER (Lat.). personal exertions; 3 Curt. Eccl. 3, 41; 1 held or decided. Rich. Eq. 282; 2 B. Monr. 370; 5 Pick. 427; 1 R. I. 212. But if the wife has separate property; 2 Phill. 40; 2 Add. Eccl. 1, or derives income from her personal exertions, this will also be taken into account. The method of computation is, to add the wife's annual income to her husband's; consider what, under all the circumstances, should be allowed her out of the aggregate; then from the sum so determined deduct her separate income, and the remainder will be the annual allowance to be made her. There are various other circumstances, however, beside the husband's ability, to be taken into consideration: as, whether the bulk of the property came from the wife, or belonged originally to the husband; 2 Litt. Ky. 337; 4 Humphr. 510; or was accumulated by the joint exertions of both, subsequent to the marriage; 11 Ala. N. s. 763; 3 Harr. Del. 142; whether there are chi.dren to be supported and educated, and upon whom their support and education devolves; 3 Paige, Ch. 267; 4 id. 643; 3 Green, Ch. 171; 2 Litt. 337; 10 Ga. 477; the nature and extent of the husband's delictum; 3 Hagg. Eccl. 657; 2 Johns. Ch. 391; 4 Des. Eq. 183; 24 N. H. 564; the demeanor and conduct of the wife towards the husband who desires cohabitation; 7 Hill, 207; 5 Dana, 499; 15 Ill. 145; the condition in life, place of residence, health, and employment of the husband, as demanding a larger or smaller sum for his own support; 1 Hagg. Eccl. 526, 532; the condition in life, circumstances, health, place of residence, and consequent necessary expenditures of the wife; 5 Pick. 427; 4 Gill. 105; 11 Ala. N. S. 763; the age of the parties; 6 Johns. Ch. 91; 4 Gill, Md. 105; and whatever other circumstances may address themselves to a sound judicial discretion. So far as any general rule can be deduced from the decisions and practice of the courts, the proportion of the joint income to be awarded for permanent alimony is said to range from one-half, where the property came from the wife (2 Phill. 235), to one-third, which is the usual amount; 29 L. J. Mat. Cas. 150; 4 Gill, 105; 8 Bosw. 640; 44 Ind. 106: 44 Ala. 437; or even less; 37 Ind. 164; 68 Ill. 17; 38 Ind. 139. In case of alimony pendente lite it is not usual to allow more than about onefifth, after deducting the wife's separate income; 2 Bishop, Marr. & D. §§ 460, 463; and generally a less proportion will be allowed out of a large estate than a small one; for, though no such rule exists in respect to permanent alimony, there may be good reasons for giving less where the question is on alimony during the suit; when the wife should It is a general rule of evidence that the is, the proof must at least be sufficiently exallegata and probata must correspond; that tensive to cover all the allegations of the party; 1 Greenl. Ev. § 51; 2 Sumn. 206; 3 Mart. N. s. La. 636. ALLEGATION. The assertion, declaration, or statement of a party of what he can prove. In Ecclesiastical Law. The statement of the facts intended to be relied on in support of the contested suit. It is applied either to the libel, or to the answer of the respondent, setting forth new facts, the latter being, however, generally called the defensive allegation. See í Browne, Civ. Law, 472, 473, n. ALLEGATION OF FACULTIES. A statement made by the wife of the property of her husband, in order to her obtaining alimony; 11 Ala. N. s. 763; 3 Tex. 168. To such an allegation the husband makes answer, upon which the amount of alimony Eccl. 387; or she may produce other proof, is determined; 2 Lee, Eccl. 593; 3 Phill. if necessary in consequence of his failure to make a full and complete disclosure; 2 Hagg. Cons. 199; 3 Knapp, 42; Bishop, Marr. & $605. D. ALLEGIANCE. The tie which binds the citizen to the government, in return for the protection which the government affords him. Acquired allegiance is that binding a citizen who was born an alien, but has been naturalized. Local allegiance is that which is due from an alien while resident in a country, in return for the protection afforded by the government. Natural allegiance is that which results from the birth of a person within the territory |