CAPACITY - This word, in the law
sense, denotes some ability, power, qualification
or competency of persons, natural or artificial, for
the performance of civil acts, depending on their
state or condition, as defined or fixed by law; as
the capacity to devise, to bequeath, to grant or convey
lands; or to take and hold lands, to make a contract
and the like.
The Constitution requires that the president, senators
and representatives should have attained certain ages;
and in the case of the senators and representatives,
that out these they have no capacity to serve in these
offices.
All laws which regulate the capacity of persons to
contract are considered personal laws; such are the
laws which relate to minority and majority; to the
powers of guardians or parents, or the disabilities
of coverture. The law of the domicil generally governs
in cases of this kind.
