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<CAPACITY.
(A.) Who have Capacity to Purchase.

(A 1.) Persons Natural. < Persons capable to purchase, are natural, or politic. Co. L. ii. a.

.. All persons natural have capacity to take by purchase. Perfons deformed, if they have human shape. Co. L. ii. b.

• A deaf, dumb, and blind person. Co. L. iii. b.

• An Idiot, or a man of non-sane memory; may purchase without the consent of any other. Co. L. ii. b. 3. b.

6 And he himself can never avoid the purchase. Co. L. ï. b.

• So, if he recover his sanity, and afterwards agree to the purchase, his Heir shall never avoid it. Co. L. ii. b.

• But if he dies in his insanity, or recovers, and dies before agreement to the purchase, his heir may agree to, or wave the estate without cause alledged. Co. L. ii. b. · A leper may purchase. Co. L.iii. b,

So, an hermaphrodite, according to the prevailing sex.. Co. L. iii. a.

« A bastard by his name of reputation. Co. L. ill. b.-Vide Bastard. (E).

• A man convicted or attainted of treason 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 disagree, or she, after her husband's death, waive it.-Vide Baron and Feme. (P.2-R.)

So a villein may purchase, but the Lord afterwards may enter. Co, L. ü. b.

• So an alien may purchase 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 shall be intended for his bcnefit. Co. L. ii. b.

< But after his full age, he may agree to it, or waive it at his pleasure. Co, L. ij. b.

. And if he die before agreement, after his full age, his heir may agree to, or waive it, Co. L.ü, b.

. So now, a monk, nun, &c. may purchase, for they were not disabled by the common law, and the canon law, whereby their disability incurs, is here abolished. Sal. 162.

(A. 2.) POLITICK. • A Body Politic is fole, or aggregate. Co. L. ii. a.- Vide Franchises, (F. 1, &c.)

• Acorporation aggregate confifts of many persons all capal ke of purchaling, or one capable, and the others incapable. Co.

Lii. a.

6 A cor

« A corporation sole, as the King, a Bishop, a Parson, &c. may purchase to him and his successors. 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 Abs bot may purchase without the consent of the convent, and cannot afterwards avoid it. Co. L. ii. b.

< But his fucceffor, for good cause, and not otherwise, may waive the purchase. Co. L. ii. b.

6 As if the rent reserved exceed the value of the estate, Co. L. ii. b.

(B. 1.) Who not. < But a monster, who has not an human form, cannot purchase. Co. L, jj. b.

« Nor a man professed in religion, for he is dead in law, as a monk, friar, nun, &c. except when they are sovereigns of an house 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 subdivisions, through which we cannot follow our Author, without leading our Readers into the depths of juridical jargon.

We must not omit to observe, 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 such a copious and analytical Digest of Cases in Equity. The title is too diffusive to give our Readers a just idea of the analysis, without following it step by step: nevertheless, they may be able to form some 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 rest, we hope, wish to be so.

• (2 M. 5.) Act of the Husband, when it binds the Wife.

If the husband releases a debt due to the wife before coverture, she shall be bound by it.

« So if he releases a legacy, tho' only contingent, or there is a possibility that the wife may have it, if the contingency afterfards happens. 2 P.W. (608.) Vide Alignment. Ante (2 H.)

wards

• If Ą. gives a legacy to a woman, and upon her marriage it is agreed, that part thereof shall be applied to the payment of the debts of the husband, and after marriage the husband assigns the residue for the payment of his debts, the wife shall be bound thereby. R. Eq. R. 80.

« So if a husband possessed of a term for years in right of his wife, leases for a less term, and for the security of money borrowed of his lessee, covenants to make him another lease after the end of the prior, the wife shall be bound thereby; for this covenant amounts to a disposition of the estate in equity, pursuant to the power of the husband. R. Eq: Ca. 42, 3.

So if husband and wife, by articles during coverture, agree to have lands inclosed, the wife shall be bound tho' it is part of her jointure. 2 Ver. 2250

So if they agree to accept other lands in lieu of those in her jointure, if after the death of her husband she complies with any part of the articles, the shall be bound. 2 Ver: 225.

So if a feme sole agrees for the sale of land, and before it is compleated the marries, and another agreement is made with the husband and wife, which the subscribes, the fhall be bound by it after the death of her husbarid.

• So if husband and wife agree with a tenant of land of the wife's, that if he will surrender one part, he shall 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 shall be decreed, and is not extinguish* 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 sale of the land of the wife, does not bind the wife.

• So if the agrees to relinquish her jointure for other recompence, and it is decreed accordingly; the not being a party to the decree, shall not be bound by that agreement:

« If husband and wife, by deed, without a fine, mortgage Mates of the wife in the New River Water, the wife shall not be bound, tho' the paid interest after the death of her husband. R. 2. P. W:127.

"So if husband and wife exhibit a bill in cquity, and after the cause is at iffue examine witnesses, and then the husband Rev. Sept. 1764.

o

dies

dies, and her second husband exhibits a new bill with her for the fame cause, they may examine the same witnesses, for the wife was not bound by the proceedings on the former bill. 2 Ver. 197 (2 M. 7.) When the Husband shall be bound by the act of

the Wife. "The husband shall be charged after the death of the wife for the debt of the wife, dum fala, for goods to her fold, wbich came to the use of her husband after her death. R.

upon

De murrer, Ca. Ch. 295. Vide Eq. Abr. 60.

So the husband fall be charged for the profits of land in trust taken by the wife dum fola, and by her former husband to whom she was executrix. R. b. a. Ch. 81.

So he shall be charged for goods given to the wife for life, and after her death to A; if the wife wastes them tho? the wife was then parted from her husband: for A. does not claim under the wife. Ver. 143.

. So a second husband shall be charged for a devaslavit by his wife and her former husband, where there is a bond debt due ; for there is an actual lien thereby. Ver. 309.

• So an executor of the husband thall be charged for the debt of the wife during a separation, and shall not charge it upon the jointure of the wife. R. : Ver. 326.

So for the funeral of the wife, tho' she had a separate 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 woinan before her second marriage makes a provi. fion for the children of a former husband, it binds the second Husband. 1 Ver. 408.

So, tho' the deed is detained in the custody of the second husband, or his agent, if it was public, and made before the treaty of the second marriage, where the second husband did not make a settlement, or compensation for it. R. 2 P. W. 360, 609.

« So, if there is a covenant to transfer stock for the children of the first husband, which is not transferred before the second marriage. 2 P.W. 609.

(2 M. 8.) Where not. < But the husband shall not be charged with a debt upon fimple contract or breach of trust, by reason of a devaftavit by the wife and her former husband. 1 Ver.

309. So, if the wife before marriage makes a settlement, without

the

the privity of the husband, for ber separate use, the husband Thall 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 second husband not knowing of it, shall not be bound by it, 2 Ver. 17.

So, if the makes settlement for the children of her former husband, without the privity of the second, but the settlement is detained in the custody of him or his agents. 2 P. W. 259.

So if the second husband has notice of the settlement, where it was fubject to the controul of the wife, who limits the estate to her second husband. 2 P.W. 534.

Yet if the wife before the treaty for the second marriage, makes a settlement of a competent part of her estate, for the provision of her children by a former husband, the second hur. band not having made a jointure in recompense for this eltare; shall be bound thereby. 2 P. W. 358, 606.

< So if a woman agrees to distribute the residue 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 residue, the husband is not bound to distribute, for he was not within the intent of the agreement. i Ch. R. 26.

• If a woman commits a devastavit, and afterwards marries and dies, the husband shall 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 separate estate for the use 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 interest from the death of her husband, and after. wards to the wife for life, if the wife dies before the husband the 100l. Ihall not be paid by the husband to the executor of the wife. R. 2 Ver. 330.'

Many other cities likewise in this volume are extremely copious, and accurately digested, as Titles Condition_Copyhold Covenant-Courts, &c.

The volume concludes with title Debt; and we hope to see the work continued with the same 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, neverthelefs, venture to recommend it as a valuable accefsion to the fund of juridical knowlege.

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