CAPACITY. (A.) Who have Capacity to Purchase. Perfons capable to purchase, are natural, or politic. Co. L. ii. a. Per All perfons natural have capacity to take by purchase. fons deformed, if they have human fhape. Co. L. ii. b. • A deaf, dumb, and blind perfon. Co. L. iii. b. An Idiot, or a man of non-fane memory, may purchase without the consent of any other. Co. L. ii. b. 3. b. And he himself can never avoid the purchase. Co. L. ii. b. So, if he recover his fanity, and afterwards agree to the purchase, his Heir fhall never avoid it. Co. L. ii. b. • But if he dies in his infanity, or recovers, and dies before agreement to the purchase, his heir may agree to, or wave the estate without caufe alledged. Co. L. ii. b. "A leper may purchase. Co. L. iii. b. So, an hermaphrodite, according to the prevailing fex.. Co. L. iii. a. A bastard by his name of reputation. Co. L. iii. b.-Vide Baftard. (E).. A man convicted or attainted of treafon or felony, may purchase for the benefit of the King. Co. L. ii. b. So a Feme Covert may take by purchase till her husband difagree, or fhe, after her husband's death, waive it.-Vide Baron and Feme. (P. 2-R.) ter. So a villein may purchase, but the Lord afterwards may en- So an alien may purchafe for the benefit of the King, or an house for his habitation. Co. L. ii. b.-Vide in Alien, (C. 2, 3.) So an infant may purchase without the consent of another; for it fhall be intended for his benefit. Co. L. ii. b. But after his full age, he may agree to it, or waive it at his pleasure. Co. L. ii. b. And if he die before agreement, after his full age, his heir may agree to, or waive it, Co. L. ii, b. So now, a monk, nun, &c. may purchase, for they were not difabled by the common law, and the canon law, whereby their difability incurs, is here abolifhed. 1 Sal. 162. (A. 2.) POLITICK. A Body Politic is fole, or aggregate. Co. L. ii. a.-Vide Franchifes, (F. 1, &c.) Acorporation aggregate confifts of many perfons all capal le of purchafing, or one capable, and the others incapable. Co. L. ii. a. • A cor • A corporation fole, as the King, a Bifhop, a Parfon, &c. may purchase to him and his fucceffors. Co. L. 250. a. So a corporation aggregate, where all are capable, as a Mayor and Commonality. Vide Co. L. 250. a. Dean and Chapter. So where one is capable, and others incapable; as an Abbot may purchase without the confent of the convent, and cannot afterwards avoid it. Co. L. ii. b. But his fucceffor, for good caufe, and not otherwise, may waive the purchase. Co. L. ii. b. As if the rent reserved exceed the value of the eftate, Co. L. ii. b. (B. 1.) Who not. • But a monfter, who has not an human form, cannot purchafe. Co. L. iii. b. Nor a man profeffed in religion, for he is dead in law, as a monk, friar, nun, &c. except when they are fovereigns of an houfe of religion. Co. L. iii. b. 132. b. • So a community not incorporated cannot purchase, as the parishioners or inhabitants of D. Co. L. iii. a. The commoners in such a waste cannot take, by grant of the Lord. Co. L. iii. a. • So churchwardens cannot purchase lands, (but goods only). . Co. L. iii. a. This article is farther branched out into many useful fubdivifions, through which we cannot follow our Author, without leading our Readers into the depths of juridical jargon. We must not omit to obferve, that among other titles, which are more particularly copious in this volume, is title CHANCERY, which alone extends from page 30, to page 265. We do not know any book extant, which contains fuch a copious and analytical Digeft of Cafes in Equity. The title is too diffufive to give our Readers a juft idea of the analyfis, without following it ftep by step: nevertheless, they may be able to form fome judgment of its accuracy from the following extract, which regards the reciprocal obligations of Husband and Wife, which is matter of most general import, as many of our Readers, no doubt, are married, and the reft, we hope, with to be fo. (2 M. 5.) Act of the Hufband, when it binds the Wife. If the husband releases a debt due to the wife before cover ture, she shall be bound by it. So if he releases a legacy, tho' only contingent, or there is a poffibility that the wife may have it, if the contingency afterwards Wards happens. 2.P. W. (608.) Vide Affignment. Ante (2 H.) If A. gives a legacy to a woman, and upon her marriage it is agreed, that part thereof fhall be applied to the payment of the debts of the husband, and after marriage the husband affigns the refidue for the payment of his debts, the wife fhall be bound thereby. R. Eq. R. 80. So if a hufband poffeffed of a term for years in right of his wife, leafes for a lefs term, and for the fecurity of money borrowed of his leffee, covenants to make him another lease after the end of the prior, the wife fhall be bound thereby; for this covenant amounts to a difpofition of the eftate in equity, purfuant to the power of the husband. R. Eq. Ca. 42, 3. So if husband and wife, by articles during coverture, agree to have lands inclofed, the wife fhall be bound tho' it is part of her jointure. 2 Ver. 225. So if they agree to accept other lands in lieu of thofe in her jointure, if after the death of her husband fhe complies with any part of the articles, fhe fhall be bound. 2 Ver. 225. So if a feme fole agrees for the fale of land, and before it is compleated fhe marries, and another agreement is made with the hufband and wife, which fhe fubfcribes, fhe fhall be bound by it after the death of her hufband. So if husband and wife agree with a tenant of land of the wife's, that if he will furrender one part, he fhall have another part for three lives, this binds the wife after the death of the husband. So if a woman agrees with A, before marriage, for a thing to be carried into execution after the death of A, and then intermarries with him, it fhall be decreed, and is not extinguifh ed by the marriage. R. Ca. ch. 118. Vide Baron and Feme; (2 M. 6.) WHEN NOT. But an agreement by husband and wife, for the fale of the land of the wife, does not bind the wife. So if the agrees to relinquifh her jointure for other recompence, and it is decreed accordingly; the not being a party to the decree, fhall not be bound by that agreement: If husband and wife, by decd, without a fine, mortgage hares of the wife in the New River Water, the wife fhall not be bound, tho' fhe paid intereft after the death of her husband. R. 2. P. W: 127. So if husband and wife exhibit a bill in equity, and after the cause is at iffue examine witneffes, and then the husband REV. Sept. 1764. о dies, dies, and her fecond husband exhibits a new bill with her for the fame caufe, they may examine the fame witneffes, for the wife was not bound by the proceedings on the former bill. 2 Ver. 197. (2 M. 7.) When the Husband fhall be bound by the act of the Wife. The husband fhall be charged after the death of the wife for the debt of the wife, dum fola, for goods to her fold, which came to the use of her husband after her death. 'R. upon Demurrer, Ca. Ch. 295. Vide Eq. Abr. 60. So the husband fhall be charged for the profits of land in trust taken by the wife dum fola, and by her former husband to whom he was executrix. R. b. a. Ch. 81. So he fhall be charged for goods given to the wife for life, and after her death to A; if the wife waftes them; tho' the wife was then parted from her hufband: for A. does not claim under the wife. I Ver. 143. So a second hufband fhall be charged for a devaftavit by his wife and her former husband, where there is a bond debt due; for there is an actual lien thereby. 1 Ver. 309. So an executor of the husband shall be charged for the debt of the wife during a feparation, and fhall not charge it upon the jointure of the wife. R. 1 Ver. 326. So for the funeral of the wife, tho' fhe had a feparate maintenance, and makes an executor, who takes care of the funeral, if he gets nothing by her will. R. Eq. Ca. 31. So if a woman before her fecond marriage makes a provifion for the children of a former husband, it binds the fecond Husband. I Ver. 408. So, tho' the deed is detained in the cuftody of the fecond husband, or his agent, if it was public, and made before the treaty of the fecond marriage, where the fecond husband did not make a fettlement, or compenfation for it. R. 2 P. W. 360, 609. So, if there is a covenant to transfer ftock for the children of the firft husband, which is not transferred before the fecond marriage. 2 P. W. 609. (2 M. 8.) Where not. • But the husband fhall not be charged with a debt upon fimple contract or breach of truft, by reason of a devastavit by the wife and her former husband. 1 Ver. 309. . So, if the wife before marriage makes a fettlement, without the the privity of the husband, for her separate ufe, the husband fhall not be bound by it. R. 2 Ver. 17. 2 P. W. 359, 535. Tho' the fettlement was made upon a former marriage, with the privity of the former husband, the fecond hufband not knowing of it, fhall not be bound by it. 2 Ver. 17. So, if the makes fettlement for the children of her former husband, without the privity of the second, but the fettlement is detained in the cuftody of him or his agents. 2 P. W. 259. So if the fecond hufband has notice of the fettlement, where it was fubject to the controul of the wife, who limits the estate to her fecond hufband. 2 P. W. 534. Yet if the wife before the treaty for the fecond marriage, makes a fettlement of a competent part of her eftate, for the provifion of her children by a former husband, the second hufband not having made a jointure in recompenfe for this eftate, shall be bound thereby. 2 P. W. 358, 606. So if a woman agrees to diftribute the refidue of the estate of B. amongst others, and then marries, and by the death of B. feven years after the marriage, the becomes entitled to the refidue, the hufband is not bound to diftribute, for he was not within the intent of the agreement. 1 Ch. R. 26. • If a woman commits a devastavit, and afterwards marries and dies, the husband fhall not be charged beyond what he had with his wife. R. 2 Ver. 118. Vide Baron and Feme. (2 C.) If the husband makes a feparate eftate for the ufe of the wife, during their joint lives, and afterwards limits the estate to the use of the husband for life, and after his death to the heirs of the wife, till his heir pays 100l. to the executor of the wife, with intereft from the death of her husband, and afterwards to the wife for life, if the wife dies before the hufband the 1001. fhall not be paid by the hufband to the executor of the wife. R. 2 Ver. 330.' Many other titles likewife in this volume are extremely copious, and accurately digefted, as Titles-Condition-Copyhold Covenant-Courts, &c. The volume concludes with title Debt; and we hope to fee the work continued with the fame care and correctness: for however it may fall fhort of what might have been expected from a Lawyer of the Chief Baron's reputation, we may, nevertheless, venture to recommend it as a valuable acceffion to the fund of juridical knowlege. R-d |