Page:Black's Law Dictionary (Second Edition).djvu/68

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ALLEGIANCE

Allegiance is the ohilgation of fidelity and obedience which every citizen owes to the state. Pol. Code Cal. § 55.

In Norman French. Alleviation: relief:

redress. Kolham. —Loca1 allegiance. That measure of obedi- ence which is due from a subject of one government to another govemment, within whose territory he is temporarily resident.-—Natu.ral allegiance. In English law. That kind of allegnnce which is due from ail men born within the king's domininns, immediately upon tiicir birth, which is intrinsic and perpetual, and cannot he divcsted by any act of their own. 1 BL Comm. 369; 2 Kent, Comm. 42 In American law. The allegiance duo from citizens of the United States to their native country, and also from naturalized citizens, and which cannot he renounced wiihout the permission of government. to be llP(l'.ll'cd by law. 2 Kent, Comm. 43-49. It differs from local allegiance, which is temporary only. being due from an alien or stranger born for so long a time as he continues within the sovereir:n’a dominions and protection. Fast. Cr. Law. 184.

ALLEGIARE. To defend and clear cue‘: sell; to wage one’: own law.

ALLEGING DIIVIINUTION. The allogation ln an appellate court, or some error in a subordinate part of the nisi prius record.

ALLEVIARE. L. Lat. In old records. ‘In levy or pay an accustomed fine or compo- sition; to redeem by such payment. Cowell.

ALLIANCE. The relation or union be tween persons or families contracted by interniarriage.

In international law. A union or association of two or more states or nations, formed by league or treaty, for the joint prosecution of a war, or for their mutual asslstaute and protection in repelling hostile attacks. The league or treat; by which the association is formed The act of confederating, ‘by league or treaty, for the purposes mentioned. .

If the alliance is formed for the purpose of mutual aid in the prosecution of a war iuziinst a cnnutuon enemy, it is called an “olIensi\e" alliance. If it contemplates only the rendition of aid and prolcction in resisting the assault of a hostile power, it is called a "ilefcnsive" alliance, if it combines both these features, it is denominated an alliance “offensive and defensive."

ALLISION. The running of one vessel bite or against another, as distinguished from a collision, I. 2., the running of two vessels against each other.

ALLOCATION. An allowance made upon an account in the English exchequer. Cowell.

ALLOCATIONE FACTENDA. In old English practice. A wrlt for allowing to an accountant such sums of money as he hath lawfully expended in his ollice; directed to

60 ALLONGE the lord treasurer and barons of the ex- cheqner upon application made. Jacob.

ALLOCATO COIVIITATU. In old Eng‘- llsh practice. In proceedings in ontlawry, when there were but two county courts holden between the delivery of the writ of ezigi form: to the sherlfi and its return, a special c.-rig! fizoias, with an allncato comitatu issued to the sheriif in order to complete the proceedings. See EXIGENI.

ALLOCATUR. Lat. It is allowed. A word formerly used to denote that a writ or order was allowed.

A word denoting the allowance by a master or prothonotary of a bill referred for his consideration, whether touching costs. damages, or matter of account. Lee.

-Special allocatur. The special allowance of a writ (particularly a writ of error) which is required in some particular cases.

ALLOCATUR EXIGENT. A species of writ anciently issued in outlawry proceedings, on the return of the original writ of exigent. 1 Tldd, Pr. 128.

ALLOCUTION. See ALLOOUTUE.

ALLOCUTUS. In criminal procedure, when a prisoner is convicted on a trial for treason or felony, the court is bound to demand of him what he has to say as to why the court should not proceed to judgment against him; this demand is called the “allocutus," or “allocntjon." and is entered on the record. Arc-hh. Criin. P1. 17: State 1. Ball, 27 M0. 324.

ALLODAEII. Owners of allodlal lands. Owners of estaies as large as a subject may have. Go. Lltt. 1; I-lac. Ahr. "Tenure," A.

ALLODIAL. Free; not hoiden of any lord or superior; owned without obligation of vnssalagc or fealty: the opposite of feud- al. Barker v. Day ton, 28 Wis. 38}; Wallace v. IIarmstad_ 44 Pa. 499.

ALLODIUM. Land held absolutely in one's own right, and not of any lord or so- perior; land not subject to fcudal duties or hnrdeus.

Au estate held by absolute ownership, without recognizing any snpeiior to whom any duty is due on account thereof. 1 Waslih Real Prop. 16. l\lcC;irts-e v. Orphan Asylum, 9 Cow. (N. Y.) 511. 18 Am. Dec. 516.

ALLOGRAPH. A document not written by any of the parties thereto; opposed to autograph.

ALLONGE. When the indorsemeuts on a hill or note have flllcd all the blank space, it is customary to annex a strip or paper,

called an “ailongc," to reccive the further