Chap. XXI. Persons of unsound mind. Voluntary Acts of a lunatic or person of unsound mind which are merely conveyances, voluntary, i.e., where there has been a dealing by the lunatic with his own property without any consideration passing from others, are void (2). But transactions for value are not void, but voidable only; and they are not even voidable where the lunatic's state of mind was unknown to the other party and no advantage was taken of the lunatic (a). "The result of the authorities," said Lord Cranworth (b), "seems to be that dealings of sale and purchase by a person apparently sane, though subsequently found to be insane, will not be set aside against those who have dealt with him on the faith of his being a person of competent understanding." "When a person enters into a contract, and afterwards alleges that he was so insane at the time that he did not know what he was doing, and proves the allegation, the contract is binding on him in every respect, whether it is executory or executed, as if he had been sane when he made it, unless he can prove further that the person with whom he contracted knew him to be so insane as not to be capable of understanding what he was about” (c). By the Lunacy Acts, 1890, 1891 and 1908 (d), replacing former enactments, provision is made for the management of the property of persons of unsound mind by means of "committees," and under the superintendence of the judge in lunacy (e). Aliens (f). A friendly alien is under no incapacity by common law as to contracting or as to chattels personal (g); but by statute (h) he is disqualified from being the owner of a British ship. (2) Elliot v. Ince, 7 De G. M. & G. 475, 487. (a) Molton v. Camroux, 2 Ex. 487; 4 Ex. 17; Matthews v. Baxter, L. R. 8 Ex. 132. (b) Elliot v. Ince, sup., at p. 488. (c) Imperial Loan Co. v. Stone, [1892] 1 Q. B. 599, 601, per Ld. Esher, M.R. (d) 53 Vict. c. 5; 54 & 55 Vict. c. 65; 8 Edw. 7, c. 47. See Pope's Law and Practice in Lunacy. (e) S. 108 of the Act of 1890; M. L. R. P. 63. (f) See Foote on Private International Jurisprudence, p. 11 et seq. (g) Co. Litt. 129 b; Watford v. Masham, Moo. 431. As to the power of a friendly alien to acquire chattels real, see M. L. R. P. 53. (h) Merchant Shipping Act, 1894 (57 & 58 Vict. c. 60), s. 1; Naturalization Act, 1870 (33 Vict. c. 14), s. 14. Ante, p. 114. By the Naturalization Act, 1870 (i), "real and personal pro- Chap. XXI. perty of every description may be taken, acquired, held, and disposed of by an alien in the same manner in all respects as by a natural-born British subject." An alien enemy (k) has no remedy on his contracts during the continuance of the war; but when peace is restored he can sue in our courts (1). If, however, he has licence from the Crown to trade, he can sue during the continuance of the war (m). A British subject, or the subject of a neutral state, trading in (n), or permanently (o) residing in an enemy's country, is under the disability of an alien enemy, and the Crown cannot enable him to sue (p). "Natural-born British subjects" include: (1) At common law. A child born within the legiance of the (2) By statute. A child born out of the British dominions British dominions (t), unless the father was at the A married woman is a subject of the state of which her husband Naturaliza (i) 33 Vict. c. 14, s. 2. (k) The Court will take judicial notice of the existence of a war; Alcinous v. Nigreu, 4 E. & B. 217. (1) Alcinous V. Nigreu, sup.; Flindt v. Waters, 15 East, 260; 13 R. R. 457; Brandon v. Nesbitt, 6 T. R. 23; 3 R. R. 109. (m) Wells v. Williams, 1 Ld. Raym. 282; Usparicha v. Noble, 13 East, 332; 12 R. R. 360. (n) Albretcht v. Sussmann, 2 V. & B. 322; 13 R. R. 110. (0) Roberts v. Hardy, 3 M. & S. 533: 16 R. R. 347. (r) Aeneas Macdonald's Case, 18 State Trials, 857; Calvin's Case, 7 Rep. 18 a; Bacon v. Bacon, Cro. Car. 601. (8) De Geer v. Stone, 22 Ch. D. 243. (t) De Geer v. Stone, sup.; Re Willoughby, 30 Ch. D. 324. (u) 7 Anne, c. 5, s. 3; 4 Geo. 2, c. 21; 13 Geo. 3, c. 21. tion Act, 1870. Chap. XXI. is for the time being a subject" (x); but a widow, if she is a natural-born British subject and has become an alien, may obtain a certificate of re-admission to British nationality (y). Where the father, or the mother (being a widow), being a British subject becomes an alien, the children who during infancy have become resident in the country where the parent is naturalized and have become naturalized there are not British subjects (z). If, however, the father or mother (being a widow) under such circumstances obtains a certificate of re-admission to British nationality, the children who during infancy have become resident with such father or mother in the British dominions become British subjects (a). Where the father or mother (being a widow) have been naturalized in the United Kingdom, the children who during infancy have become resident with such father or mother in the United Kingdom, or with such father in the service of the Crown out of the United Kingdom, become naturalized British subjects (b). Denization. Naturalization. Letters of denization granted by the Crown to an alien make him a British subject as from their date. Naturalization, whereby an alien becomes a British subject, is obtained either by a special Act of Parliament or by a certificate under the Naturalization Act, 1870 (c). (x) Naturalization Act, 1870 (33 Vict. c. 14), s. 10 (1). (y) Ib. s. 10 (2). (2) Naturalization Act, 1870 (33 Vict. c. 14), s. 10 (3). (a) S. 10 (4). (b) S. 10 (5), as amended by s. 1 of the Naturalization Act, 1895 (58 & 59 Vict. c. 43). (c) 33 Vict. c. 14, as amended by 33 & 34 Vict. c. 102; 35 & 36 Vict. c. 39; and 58 & 59 Vict. c. 43. ACTS IN APPENDIX. THE WILLS ACT, 1837. [7 WILL. 4 & 1 VICT. c. 26.] THE WILLS ACT, 1852. [15 & 16 VICT. c. 24.] THE STATUTES OF DISTRIBUTION (in part). [22 & 23 CAR. 2, c. 10.] [1 JAC. 2, c. 17.] FORMS IN APPENDIX. BILL OF LADING. CHARTERPARTY. POLICY OF MARINE ASSURANCE. LETTERS PATENT. BILL OF SALE. |