The intelligible
figns
of a dumb
perfon fuffice
to verify his
bequefts, and
render them
valid; but
not thofe of
a perfon
merely dep
r iv e d o f
fpeech.
H E D A T A .
C H A P T E R T H E - L A S T .
M I S C E L L A N E O U S C A S E S .
WH ER E people read a deed of beqaeft to a dumb perfon, and
defire to know whether they fhall teftify fuch deed on his
behalf ? and the dumb perfon makes a figti by an inclination of the
head, equivalent to the expreffion of affent “ Tes!” — or, where a
dumb perfon himfelf writes fuch deed, arid they thus defire to know
whether they fhall teftify it on his behalf ? and he makes a fign, by
an inclination of his head, in the affirmative,— the bequeft, provided
the fign be made in fuch a manner as is commonly ufed to denote
affirmation, is valid;— but this mode of affirmation by a fign does
not
not fuffice with refpeft to a perfon whofe inability to fpeak is fuper-
venient, occafioned (for inftance) by fome recent diforder.— Shqfei
maintains that the fign in queftion is cognizable and valid equally
with refpeft to- both ; for the inability alone is the cau-fe o f its being
at all admitted as fufficient, a caufe which exifts alike in both.— Our
dqftors, however, conceive a natural .difference between a perfon originally
dumb, and one who merely labours under a recent incapacity
of fpeech, for various - reafons.— F ir st , figns -.are not cognizable,
unlefs they be habitual and their meaning afcertained, which is the cafe
with the figns of a dumb perfon, but not with thofe of one who has
merely loft his-fpeech. (Still, however, our doctors hold that if this
perfon be fo long deprived of fpeech as to render figns habitual to him,
and their meaning afcertained, he then ftands in the fame predicament
with a dumb perfon in this particular.)— Secondly, the perfon in
queftion is chargeable with a negle£t in not having made his will before
he had loft his fpeech, whereas no fuch negledt can be-charged to
the dumb perfon.— T hir d l y , it is moft probable that a recent incapacity
of fpeech will be removed and yield to remedies, which is not
the cafe With dumbnefs, and therefore there is no. analogy between
them.
W here a dumb perfon is capable o f either writing intelligibly, or
making intelligible figns, marriage, divorce, purchafe, or fale, declared
by him, are valid, and retaliation is alfo executed on his behalf,
or upon him; but he is not liable to punifhment*, nor is punifh-
ment inflicted on his behalf.— His written deeds are valid, and cognizable,
for this reafon, that the writing of an abfentee is equivalent to
the oral declaration of a perfon actually prefent; (infomuch that the
prophet, in promulgating his laws, fometimes ufed one mode, and
fometimes another;) and necejfity is the ground of validity with re-
A dumb per*
Ton may execute
marriage,
divorce,
purchafe
or
fale, and
fue for or incur
punifhment,
by
means of either
figns or
writings; but
he cannot
thereby fue.
* Meaning, punijhment fo r offences againji G od, namely, for whoredom and fan d e r y as
is explained a little farther on.
V ol. IV . 4 D fpe<ft