Ability

In divorce law. Power of husband to provide, as element of wife's right to alimony. It is sometimes called "faculty."

When the word is used in statutes, it is usually construed as referring to pecuniary ability, as in the construction of Lord Tenterden's Act (q. v.); 1 M. & W. 101. A Wisconsin Act (1885), making a husband "being of sufficient ability" liable for the support of an abandoned wife, contemplates as well earning capacity as property actually owned; State v. Witham, 70 Wis. 473, 35 N. W! 934; a contrary view was taken in Washburn v. Washburn, 9 Cal. 475. ABJUDICATIO (Lat. abjudicare). A removal from court. Calvinus, Lex. It has the same signification as foris-judicatio both in the civil and canon law. Co. Litt. 100 b. Calvinus, Lex. Used to indicate an adverse decision in a writ of right: Thus, the land is said to be ab judged from one of the parties and his heirs. 2 Poll. & Maitl. 62. ABJURATION (Lat abjuratio, from abjurare, to forswear). A renunciation of allegiance, upon oath. In Am. Law. Every alien, upon application to become a citizen of the United States, must declare on oath or affirmation before the court where the application is made, amongst other things, that he doth absolutely and entirely renounce and abjure all allegiance and fidelity which he owes to any foreign prince, state, etc., and particularly, by name, the prince, state, etc., whereof he was before a citizen or subject. Rawle, Const. 93; Rev. Stat. U. S. § 2165. In Eng. Law. The oath by which any person holding office in England was formerly obliged to bind himself not to acknowledge any right in the Pretender to the throne of England; 1 Bla. Com. 368; 13 and 14 W. Ill, c. 6, repealed by 30 and 31 Vic. c. 09. It also denotes an oath abjuring certain doctrines of the church of Rome. In the ancient English law, it was a renunciation of one's country and taking an oath of perpetual banishment. A man who had committed a felony, and- for safety fled to a sanctuary, might within forty days confess and take the oath of abjuration and perpetual banishment; he was then transported. This was abolished in 1624; Ayliffe, Pareg. 14; Burr. L. Die, Abjuration of the Realm; § 4 Bla. Com. 332. But the doctrine of abjuration has been referred to, at least, in much later times; 4 Sharsw. Bla. Com. 56, 124, 332; 11 East 301; 2 Kent 156, n.; Termes de la Ley. In medieval times, every consecrate^ r-'V-rch was a sanctuary. If a malef'- Uor took refu^v. therein, he could not be extracts he had a choice between chattels were forfeited, and if he came back he was an outlaw; 2 Poll. & Maitl. 588; Reville, V Abjuratio regni, Revue historique. 7 Val. 50, p. 1. See Sanctuary.

When a statute makes it a ground of divoree that the husband has neglected to provide for his wife the common necessaries of life, haying the ability to provide the same, the word “ability” has reference to the possession by the husband of tha means in property to provide such neevssa. fi

See Capacity; Disability; Pecuniary; Rehabilitate; Responsible.