Buchanan  vs  McMillan,  20  L.  C.  J.,  p.  105.
1484*  The  following  persons  cannot  become  buyers,  either  by
themselves  or  by  parties  interposed,  that  is  to  say  :


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650  Of  the  capacity  to  buy  or  sell, — Art.  H8J^

Tutors  or  curators,  of  the  property  of  those  over  whom  they  are
appointed,  except  in  sales  by  judicial  authority ;

Agents,  of  the  property  which  they  are  charged  with  the  sale  of ;

Administrators  or  trustees,  of  the  property  in  their  charge,
whether  of  public  bodies  or  of  private  persons ;

Public  officers,  of  national  property,  the  sale  of  which  is  made
through  their  ministry.
The  incapa<5ity  declared  in  this  article  c€uinot  be  set  up  by  the
buyer ;  it  exists  only  in  favor  of  the  owner  and  others  having  an
interest  in  the  thing  sold.— jf  L.  34,  §  7 ;  L.  46,  Be  conir.  empt ;  Cod.,
L.  5,  Be  contr.  empt ;  Lamoignon,  Arrity  tit.  4,  art.  96,  tit.  22,  art.  27,
p.  143 ;  Ord.  1524.  art.  23 ;  Ord.  Orl.,  art.  54 ;  Ord.  1629,  art  94 ;
Domat,  liv.  1,  tit.  2,  sec.  8,  Introd,y  §  et  nn.  1,  2 ;  Pothier,  Vente,  13  I
6  Marcad^,  190-193;  1  Troplong,  Vente,  nn.  187  et  seq.;  C.  L.,  2421,
2422 ;  C.  C.  Vaud,  1126,  1127  ;  C.  N.,  1596, 1597.     [U.  41.]

Artiendments : — See  the  act  intituled  an  "  Act  respecting  Tnists."
— Q.  42-43  Vict.,  cap.  29,  as  amended  by  the  act  intituled  "  An  act  to
"  amend  the  Act  respecting  Trusts  and  the  Act  defining  the  invest-
"  ments  to  be  made  by  administrators  (42-43  Vict.,  cap.  29  and  30). —
Q.  46  Vict.,  cap.  24.
