Purchasers must, necessarily, be either individuals or a corporation: corporations, of whatever description, may purchase, but cannot, in their corporate capacities, hold lands, except under a licence to hold in mortmain (n) or the special provisions of an Act of Parliament.

Purchases by individuals (who are unincorporated) must be made by them in their private capacities and individual names: e. g. a purchase by, eo nomine, the inhabitants of a place, or the parishioners or churchwardens of a parish, is bad; so is a similar purchase by, or grant to, the commoners of a waste (o).

But, by custom, in London and some other places, the parson and churchwardens are a corporation to purchase land (p); and so, by Statute, are churchwardens and overseers generally in some matters relating to the Poor Laws (q), and to Education (r).

An alien, before denization, can purchase; but, upon office found, the land belongs to the Crown (s); and the Crown can claim land vested in trustees for an alien (t); but not any part of the produce of sale of real estate, devised in trust to sell and to divide the purchase-money among aliens (u).

The claim of the Crown extends to terms for years (v); and, until recently, the only exception was of leases of habitations of alien merchant friends during their lives and residence within the realm (w); but leases, or agreements for a lease (x), to alien artificers or handicraftsmen, were, prior to the 7 & 8 Vict. c. 60, absolutely void; although an assignment to an alien artificer of a subsisting lease has been held valid (y): by the above Act, however, a resident alien friend may hold any lands, houses, or other tenements, for the purpose of residence, or of occupation by himself or his servants, or for the purpose of any business, trade, or manufacture, for any term not exceeding twenty-one years, as if he were a natural-born subject (z).

As to who are generally incompetent to purchase and hold land.

Corporations cannot hold without a license.

Purchase by an unincorporated class of persons bad.

Parochial corporations may purchase.

An alien cannot hold in person or by a trustee.

Leases to, were formerly void.

439; and cases therein respectively cited.

(n) Co. Litt. 2 b.

(o) Co. Litt. 3 a.

(p) Note 4 to Co. Litt. 3 a.

(q) 9 Geo. I. c. 7, s. 4; Sug. 883.

(r) Jointly with the minister; see 4 & 5 Vict. c. 38, s. 8.

(s) Co. Litt. 2 b; Rex v. Holland,

Aleyn, 14.

(0 1 Beav. 90

(u) Du Hourmelin v. Sheldon, 4 Myl. & Cr. 525: and see p. 530, as to distinction between that case and Fourdrin v. Gowdey, 3 Myl. & K. 383.

(v) Co. Litt. 2 b; Rex v. Eastbourne, 4 East, 107.

By the Acts of 7 Anne, c. 5, 4 Geo. II. c. 21, and 13 Geo. III. c. 21, the children of a male British-born subject, or of his son, are, with certain special exceptions (a), to be considered natural-born subjects; and, by 7 & 8 Vict. c. 66, the child born of a British mother out of the Queen's allegiance, is rendered capable of holding land (b).

After denization, the alien can both purchase and beneficially hold land; and is entitled to land purchased before denization, if the Crown, before office found, has, by the letters patent of denization, confirmed his estate (c).

Naturalization, for the purpose of holding land, could formerly be obtained only by a special Act of Parliament (d); but, under the provisions of the 7 & 8 Vict. 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 subject: a female alien, upon marriage to a natural-born or naturalized subject, becomes herself naturalized (f); but this provision does not apply where the woman died before the passing of the Act (g).

Exception under 7 & 8 Vict c 66, of 21 year's least's of premises for residence or trade.

Who entitled as a natural-born subject to hold land.

Denization, effect of.

Naturalization under 7 & 8 Vict. c. 66.

(w) 32 Hen. VIII. ch. 16, s. 13.

(x) Lapierre v. M'Intosh, 1 Per. & Dav. 629; 9 Ad. & E. 857.

(y) Wootton v. Steffenoni 12 Mees. & W. 129.

(z) Sect. 5 of Act.

(a) As to which, sec the Acts, and

Fitch x. Weber, 6 Hare, 51.

(b) Sect. 3 of Act.

(c) Fourdrin v. Gowdey, 3 Myl. & K. 383.

(d) As to naturalization in the Colonics, see 10 & 11 Vict. c. 83. (e) See sect. 6, et seq.

An infant can purchase; but, on his attaining twenty-one, he may, at his option, adopt or abandon the contract (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 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 (l).

No precise rule can be laid down as to the time within 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 (o).