490 CORRIE'S CASE.

that it may, upon this petition alone, make such an appointment
as is called for, without a suit. But it would be idle to act at all,
if it should clearly appear, that the action of the Chancellor could
be of no avail; and therefore, it will be proper to consider the
nature of the Chancellor's authority in relation to the guardianship
of infants; and the principles of international courtesy upon which
an appointment of a guardian to an infant made in one nation,
may be recognized in all others.

This petition asks for the appointment of a guardian to eight
infants, of different ages and sexes; and consequently, it may be
well, before we proceed with the principal matter, to make some
observations as to the nature of that incapacity, for which it is
here proposed to provide by the appointment of a guardian.

There are two kinds of personal incapacity; the one natural,
the other artificial; or first, that which arises from bodily or men-
tal defect; and secondly, that which is declared by positive law.
Of the first kind, is that of lunacy. A lunatic is every where held
to be incompetent to contract in any way whatever, by reason of
his mental defect; (6) and because of incurable impotence, arising
from injury, or malconformation, a person is every where held to
be incompetent to contract marriage; which requires a bodily as
well as a mental ability so to contract, (e) Of the second kind of
personal incapacity, is that of a married woman; whose incapacity,
(regarding the mere bond by which the parties are bound together
as husband and wife, as that alone which is recognized by the law

Some doubts having arisen, and objections having been made as to the extent
of the authority of the guardian under this order, the matter was again brought
before the court.

26th June, 1805.—HANSON, Chancellor.—The Chancellor having heretofore passed
an order, authorizing James Ross, the father of Oliver Bond Ross, to superintend
and manage certain shares and interest of the said Oliver B. Ross, in the Union
Bank of Maryland, and of paying the said bank, or receiving from it money for the
said Oliver B. Ross; and of acting in the premises, to all intents and purposes, as
the said Oliver, if of full age, might act for himself; and doubts being, as is stated,
entertained as to the extent of the authority of the said James Ross; it is hereby
adjudged and Ordered, that the said James Ross be, and he is hereby authorized to
sell and transfer the said shares, or any of them, in the same manner, as if the said
shares belonged to himself; and in all respects, relative to the said shares and inte-
rest, to act for the said Oliver Bond Ross, as the said Oliver, if of full age, might
act for himself. (Such guardians now required to give security, &c. 1816, ch. 203,
s. 1.) ____

(6) EX parte Lewis, 1 Ves. 298; Ex parte Annandale, Amb. 80; Ex parte Gil-
lam, 2 Ves. jun., 587.—(c) Sabell's case, Dyer, 179; Bury's case, 5 Co., 99; Guest
v. Shipley, 4 Eccles. Rep. 548.