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 320 ALIMONY ALISON York the courts have been disposed to allow the woman no more than her actual wants require until the final adjudication upon the merits, when the permanent alimony may be fixed from the beginning of the case, and the amount of temporary alimony paid meantime is deduct- ed from it. Nor as to permanent alimony is there any fixed rule governing the amount of it. In England it seems to be the common practice to award one third of the husband's income. American courts have settled upon no customary proportion, though there are nu- merous cases reported in which the allowance has been fixed at rates between one fourth and one half. The amount is discretionary, and nothing more definite can be said than that it is the design to give such amount as the wife ought to have, regarding all the circumstances, if the marital relation had not been broken up. By the statutes of most of the states, the wife is entitled, especially in .absolute divorces, to recover whatever property she brought to the husband upon the marriage. The fund out of which alimony is to come is ordinarily the hus- band's income. The court does not, except when special statutes permit the return of the wife's estate to her, or make similar provisions, turn over to her any specific property. Upon the principle that it is the income which is to respond, it cannot on the one hand avail the husband that he has no invested or permanent property, but his earnings must supply the al- lowance ; and on the other hand, the husband's mere expectations of inheriting property are alike immaterial. The husband's indebtedness should also be taken into account in ascertain- ing his substantial income and resources. As the demand or grant of alimony is properly col- lateral to the principal relief, that of separation or divorce, sought in the action, and as the allowance is not decreed at least permanent alimony is not unless the principal relief sought is granted, the application for such maintenance is ordinarily only incidental to the principal suit. It is commonly made upon a special petition, or allegation of faculties, as the proceeding is termed hi England, in which the husband's pecuniary resources are alleged ; this he meets with an answer or other counter proof, and the allegations on both sides may be passed upon by the court, or referred for more careful examination to one of its officers, as a master in chancery or a referee. The remedy for enforcing the payment of alimony, when the order of the court regarding it is disobeyed, may be by proceedings against the husband for contempt, or, according to the practice in dif- ferent states, execution may issue for the amount in arrears, or an actio'n of debt may be brought ; and in the federal courts it has been held that a bill in equity will lie. In some states, again, the charge of alimony becomes a lien on the husband's real estate, or the court may compel him to give security for its prompt payment, or in a proper case the husband may even be restrained by injunction from so dis- posing of his property as to place it beyond the reach of the court. ALISON, Archibald, a Scottish clergyman and author, born in Edinburgh, Nov. 13, 1757, died there, May 17, 1839. He was educated at the university of Glasgow, and at Balliol college, Oxford, took orders in the church of England, and married the daughter of Dr. John Greg- ory, professor in the university of Edinburgh. In 1790 he obtained the perpetual curacy of Kenley in Shropshire, and afterward several other preferments in the same county. There he lived happily and tranquilly, with mingled literary and pastoral labors, till 1800, when he removed to Edinburgh for the education of his children, and became senior minister of St. Paul's chapel, in York place, where his elo- quence soon attracted the attention of the culti- vated society of the metropolis. In 1831 in- creasing years and failing health obliged him to withdraw from public duties. The first edition of his "Essays on the Nature and Prin- ciples of Taste," published in 1790, though highly esteemed within a limited circle of men of culture, had been issued in too expensive a style for general circulation. A second edition, with additions, published in 1811, became pop- ular. In 1814 Mr. Alison published two vol- umes of sermons, which passed rapidly through five editions, and were republished in America. ALISON, Sir Archibald, Bart., a British histo- rian, eldest son of the preceding, born at Ken- ley, Shropshire, Dec. 29, 1792, died near Glas- gow, May 23, 1867. He was educated in the schools and university of Edinburgh, was called to the bar in 1814, and availed himself of the first income from his practice to travel in Europe. In 1822 he was appointed deputy advocate general, in 1828 member of the crown council, and in 1834 sheriff of Lanark- shire. His first publication was a work on the " Principles of the Criminal Law of Scotland " (1832), followed the next year by the "Prac- tice of the Criminal Law." These books be- came standard authorities with the Scottish bar. The first volume of his "History of Europe, from the Commencement of the French Revolution to the Restoration of the Bourbons," appeared in 1839, and the work was completed in 10 volumes in 1842. It ran through numer- ous editions in England, in 12, 14, and 20 vol- umes, was reprinted in America, and trans- lated into French and German, and even into Arabic (Malta, 1845) and Hindostanee. The author is said to have conceived the plan of this history in his youth, and to have cherished his purpose during 15 years of travel and study, and 15 more of composition. The au- thor was a stanch tory, and his work is consid- ered deficient both in accuracy and impartiality by the English liberals. Mr. Alison for many years contributed articles to "Blackwood's Magazine," a selection of which was published under the title of "Essays, Political, Histori- cal, and Miscellaneous" (3 vols., 1850). He also wrote " Principles of Population " (2 vols.,