英文法律词典 A-85

ALIENATION¹, med. jur. The term alienation or mental alienation is a generic² expression to express the different kinds of aberrations³ of the human understandiug. Dict. des Science Med. h. t.; 1 Beck's Med. Jur. 535.

ALIENATION OFFICE, Engligh law. An office to which all writs⁴ of covenants⁵ and entries are carried for the recovery of fines levied⁶ thereon. See Alienate⁷.

TO ALIENE, contracts. See Alienate.

ALIENEE⁸. One to whom an alienation is made.

ALIEXI JURIS. Words applied⁹ to persons who are subject to the authority of another. An infant who is under the authority of his father or guardian¹⁰, and a wife under the power of her husband, are said to be alieni juris. Vide sui juris.

ALIENOR. He who makes a grant or alienation.

ALIMENTS. In the Roman and French law this word signifies the food and other things necessary to the support of life, as clothing and the like. The same name is given to the money allowed for aliments. Dig. 50, 16, 43.

2. By the common law, parents and children reciprocally owe each other aliments or maintenance. (q. v.) Vide 1 Bl. Com. 447; Merl. Rep. h. t.; Dig. 25, 3, 5. In the common law, the word alimony (q.v.) is used. Vide Allowance to a Prisoner.

ALIMONY. The maintenance or support which a husband is bound to give to his wife upon 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 called maintenance.

2. The causes for granting alimony to the wife are, 1, desertion, (q. v.) or cruelty of the husband; (q. v.) 4 Desaus. R. 79,; 1 M'Cord's Ch. R. 205; 4 Rand. R. 662; 2 J. J; Marsh¹². R. 324.; 1 Edw. R. 62; and 2, divorce. 4 Litt. R. 252; 1 Edw. R. 382; 2 Paige, R. 62; 2 Binn. R. 202; 3 Yeates, R. 50; S.& R. 248; 9 S.& R. 191; 3 John. Ch. R. 519; 6 John. Ch. 91.

3. In Louisiana by alimony is meant the nourishment¹³, lodging¹⁴ and support of the person who claims it. It includes education when the person to whom alimoiay is due is a minor¹⁵. Civil Code of L. 246.

4. Alimony is granted in proporion to the wants of the person requiring it, and the circumstances of those who are to pay it. By the common law, parents and children owe each other alimony. 1 Bl. Com. 447; 2 Com. Dig. 498;. 3 Ves. 358; 4 Vin. Ab. 175; Ayl. Parerg. 58; Dane's Ab. Index. h.t.; Dig. 34, 1. 6.

5. Alimony is allowed to the wife, pendente lite, almost as a matter of course whether she be plaintiff or defendant¹⁶, for the obvious reason that she has generally no other means of living. 1 Clarke's R. 151. But there are special cases where it will not be allowed, as when the wife, pending¹⁷ the progress of the suit, went to her father's, who agreed with the husband to support her for services. 1 Clarke's R. 460. See Shelf. on Mar¹¹. and Div. 586; 2 Toull. n. 612.