[*10]

Chapter I. c. 66,(e) any resident alien may petition the Secretary of State for the home department for a certificate of naturalization; upon obtaining which, and taking the oath of allegiance required by the Act, the alien, (so far as the possession *and enjoyment of property are concerned, and subject to any special exceptions contained in the certificate,) acquires all the rights and capacities of a natural-born subMarriage of ject: a female alien, upon marriage to a natural-born or to a natural naturalized subject, becomes herself naturalized ;(ƒ) but this provision does not apply where the woman died before the passing of the act.(g)

female alien

born subject.

Infant purchasing may elect when

he comes of age.

What

amounts to confirmation.

He may be bound by

quiescence.

An infant can purchase; but, on his attaining twentyhe may, at his option, adopt or abandon the conone, tract;(h) and should he, either having attained twenty-one die without agreeing to it, or die under that age, the like privilege descends on his representatives.

Any written instrument signed by the infant after attaining majority amounts to a ratification, if of such a nature as, if signed by an adult, would amount to an adoption of the act of a party professing to act as his agent;(i) and where a written ratification is proved, it lies on the infant to show, if he can, that, at the time of giving it, he had not attained majority.(j)

And it is not essential that there should be any express simple ac ratification; mere acquiescence may suffice: for instance, occupation, or receipt of the profits by the infant, without dissent, for a short time after attaining his majority, would, it is conceived, be a confirmation of the transaction by election :(k) but in order to sustain an action for the purchase-money, there must be a ratification in writing.(1) No precise rule can be laid down as to the time within

What time allowed for election.

(e) See sect. 6, et seq.

(f) Sect. 16.

(g) Count De Wall's case, 12 Jurist, 145.

(h) Ketsey's case, Cro. Jac. 320; Co. Litt. 2 b.

(i) Harris v. Wall, 1 Exch. Rep. 122.

(j) Hartley v. Warton, 3 Per. & Dav. 529.

(k) See Sug. 884; 8 Taunt. 42; Cork and Bandon Railway Company v. Cazenove, 11 Jur. 802; and Newry and Enniskillen Railway Company v. Coombe, 3 Exch. 716.

(2) 9 Geo. IV. c. 14, s. 5.

which the infant, after attaining majority, must make his *election; it appears, however, that an unexplained acquiescence of three or four months,(m) or, probably, a shorter period,(n) in the case of a purchase, would amount to acquiescence; a fortnight would, it appears, be a reasonable time in which to elect.(0)

Chapter I.

[*11]

can recover considera

tion

money.

And, although the infant may abandon the contract, and Whether he thus relieve himself from all unsatisfied liabilities under it, he cannot, it is said, recover money which he has actually paid, unless such payment were procured by fraud;(p) and his inability to restore the consideration, would be an additional bar to the action; for instance, where an infant paid a premium for a lease of business premises, and entered upon and occupied them, it was held, upon his attaining majority and repudiating the lease, that, whatever might be the general rule, he could not, under the circumstances, recover the premium, inasmuch as he had enjoyed a part of that term for which it formed the consideration ;(q) and although, upon the purchase of the fee simple, the same decisive effect might not always be attributable to mere occupation,(r) it is conceived, that any act affecting the value of the estate, e. g., the felling of ornamental timber, or the removal or alteration of buildings, &c., would be conclusive against his right to reclaim the purchasemoney.[1]

purchase by,

If, however, the infant had fraudulently represented Fraudulent himself to the vendor as an adult, it is conceived that relieved

(m) Ketsey's case, Cro. Jac. 320.

(n) See judgment in Holmes v. Blogg, 8 Taunt. 42; Park, J. (0) 2 Durn. & E. 439.

(p) Macph. on Infants, 484; Wilson v. Kearse, 2 Pea. Ca. 196; see Chambers on Infancy, 431.

(q) Holmes v. Blogg, 8 Taunt. 508.

(r) See however Blackburn v. Smith, 2 Exch. R. 783.

[1] The infant cannot have the benefit of the contract on one side, without returning the equivalent, on the other. See Badger v. Phinney, 15 Mass. Rep. 359; Roberts v. Wiggin, 1 N. H. Rep. 73; Roof v. Stafford, 7 Cowen's Rep. 179; Hamblett v. Hamblett, 6 N. H. Rep. 339, per Parker, J.; Contra, Shaw v. Boyd, 5 Serg & Rawle Rep. 309. Sec Waterman's Am. Ch. Digest, vol. 2, p. 400.

against, in

equity.

Chapter I. Equity would relieve the vendor by restraining any action for a return of the purchase-money, (supposing such an action to be maintainable,) and would allow the vendor to avail himself of any collateral securities which he might hold for the payment of the unpaid part of the purchase*money; but it could not enforce any security given by the purchaser personally during his infancy; such being ab solutely void.(s)[1]

[*12]

Purchase by lunatic, how

A lunatic or idiot may purchase; and according to the voidable. early authorities, cannot himself, though he recover his senses, avoid the transaction; but it may be set aside by ⚫ his Committee after inquisition; or by his representatives after his decease, in any case except that of his having recovered his senses and agreed to the purchase ;(t) the present doctrine of the Courts seems, however, to be in accordance with what has been already stated with respect to contracts for sale by lunatics;(u) in a modern case, a purchase of an estate in consideration of the release of a bond debt, was set aside at the suit of a legatee of the bond debt.(v)

Purchase by married wo. man voidable.

A married woman may purchase; and, if she have separate property, she can, and perhaps even though she do not refer to it, bind it by a contract for purchase :(w) in other cases the purchase may be annulled by the husband; and the purchase-money may be recovered by him in trover, unless she purchased by his authority;(2) or it may

(s) Chambers on Infancy, 444.

(1) 2 Bl. Com. 292; Shelf. on Lunacy, 347.

(u) Supra, p. 4; see Molton v. Camroux, 2 Exch. R. 487; S. C. (in error) 18 L. J., N. S. Exch. 356.

(r) Sleed v. Calley, 1 Keen, 620; and see S. C., as to evidence of insanity.

(w) Sug. 885; vide infra, Ch. XVIII.

(x) Garbrand v. Allen, 1 Ld. Raymond, 224.

[1] In the case of Conroe v. Birdsall, 1 John. Cas. 127, where an infant had fraudulently represented himself to be of age when he gave a bond, it was held that the bond was void at law; and in Stoolfoos v. Jenkins, 12 Serg. & Rawle 399, it was suggested that there might be an instance of such gross and palpable fraud, committed by an infant arrived at the age of discretion, as would render a release of his right to land binding upon

I.

be annulled by herself after his death, although he may Chapter 1. have agreed to it; or by her representatives, unless she agreed to it after her husband's decease.(y)

firmed by

acquies

Fraudulent

relieved

The general rules above referred to, respecting acquies- May be concence by an infant after majority, will, it is conceived, apply to the case of a married woman holding over after the termination of the coverture; and, in the case of a purchase by a married woman representing herself to be *single, or who, contracting as if single, has so dealt with [*13] the property as to prevent its perfect restoration in specie, Purchase by, Equity would, it is conceived, secure to the vendor all his against. legal rights, and would restrain the exercise of any adverse legal right either by the married woman or her husband, (supposing him to have been privy to the fraud.) Roman Catholics were formerly subject to disabilities Roman in this respect, which have been removed by a modern statute.(z) Persons guilty of the crime of treason, or felony, or who Traitors, have incurred a præmunire, may, before judgment, purchase land; but, upon judgment, it will be subject to the rights of the Lord of the fee, or of the Crown; purchases by such persons after judgment are subject to the same rules as purchases by aliens before denization ;(a) the capacity of a felon sentenced to transportation, is not restored until the term of transportation has expired.(6)

Catholics.

felons, &c.

and insol.

So, upon a purchase by a bankrupt before obtaining his Bankrupts certificate; (c) or by an insolvent under the 1 & 2 Vict. vents. c. 110, (d) before his final discharge; or by an insolvent under the 5 & 6 Vict. c. 116, (e) before his debts are paid

(y) Sug. 885; Co. Litt. 3 a.

(z) 10 Geo. IV. c. 7. As to the position of Roman Catholics with reference to land devoted to religious or charitable purposes, see 2 & 3 Will. IV. c. 115, and Anstey on Roman Catholics, p. 128, et seq.

(a) Co. Litt. 2 b.; Sug. 884.

(b) Roberts v. Walker, 1 Russ. & Myl. 752.

(c) See 6 Geo. IV. c. 16; and see now 12 & 13 Vict. c. 106, sect. 142. (d) See sect. 37.

(e) See sect. 7. Insolvent debtors, under the 7 & 8 Vict. c. 70, seem to have been in the same position, as regards after-acquired property, as bankrupts; see sects. 8 and 13. Query as to the effect of the new Bankrupt Act upon the rights of assignees under the 7 & 8 Vict. ?

[*14]

Chapter I. in full, the land vests in the assignees; and, according to the law as it existed before the passing of the recent Bankruptcy Law Consolidation Act, where the bankrupt's estate had not paid 15s. in the pound, and he had previously been bankrupt or discharged under an insolvent act, or had compounded with his creditors, the rights of *the assignees were not affected by his certificate :(ƒ) the recent act, which repeals the statute of Geo. IV., does not seem to contain any similar provision; but it provides, That if any assignee indebted to the estate of which he is such assignee, in respect of money being part of the estate of the bankrupt retained or employed by him, become bankrupt, and obtain his certificate, it shall have the effect only of freeing his person from arrest and imprisonment, but his future effects (except tools, &c.) shall remain liable for so much of his debt to the estate of which he was assignee as shall not be paid by dividends under his bankruptcy, and for interest at the rate of five per cent. per annum on the whole debt :(g) and it also contains clauses, which enable any creditor or assignee of a bankrupt, to apply for the recall of the certificate on good cause shown at any time within six months after its allowance; (h) or at any subsequent period, in case the same shall appear to have been obtained on false evidence, or by reason of an improper suppression of evidence, or otherwise by means of fraud.(i)

Insolvent.

And, in the case of an insolvent under the 1 & 2 Vict. c. 110, although property acquired by him after his final discharge does not vest in his assignees, it still remains, until his debts are paid in full,(j) subject to the judgment which is directed by the 87th sect. to be entered up against him.