242 ^ Cro^n Properly. [Ch. XL Sec. III. to that of another person [a) ; from which two principles it i» a necessary consequence that the innocent, though the unfor- tunate partner, must lose his share in both the debt and the horse, or any chattel in the same circumstances [h). How- ever in favor of commercial interests, it has been recently holden, that on an extent against one of several partners, only the interest of that one can be taken [c). And as the preroga- tive works no wrong, the general rule seems to be in the cases of real estates, that if by descent, &c. a share of land come to the King, though his Majesty cannot be joint-tenant with the other proprietor, he shall not have the whole, but only his portion (rf). And the King and a subject may be tenants ia common {e). Grants from the Crown will be considered hereafter (/*), but some unportant provisions in a late Act may be here stated with propriety. By the 39 and 40 Geo. S. c. 88. s. 10. after reciting that it was his Majesty's most gracious desire that aH such personal estate and effects, as his Majesty shall be pos- sessed of or entitled to at the time of his demise, and over which he shall have the full and absolute power of disposition, by his last will and testament, should be subject and liable to the payment of all such debts of his Majesty as shall, during- his lifetime, be properly payable out of his privy purse : and that it is reasonable that all such personal estate and effects as any of his Majesty's successors, Kings or Queens of this realm, shall be possessed of or entitled to in like manner, should also be subject and liable to the like charge ; and it is expedient to fix and regulate what personal estate and effects of his Majesty and his successors are subject to such testamentary disposition, and in what form such disposition shall be made. It is enacted and declared, that all such personal estate of his Majesty and his successors respectively, as shall consist of monies which may be issued or applied for the use of his or their privy purse^ or monies not appropriated to any public service, or goods, chattels or effects, which have not or shall not come to his Majesty, or shall not come to his successors respectively, with (a) Co. Lit. 30. shall only hare alien's moiety. 1 Inst. , b) 2 Bla. Com. 409. 180, b. n. 2. 186, a. And see 2 Cruise (c) 1 Wightw. 50. Dig. 507, 8. (rf) Plowd. 247, a. So if an alien and (e) Bro. Ab. Prerog. pi. 105. natural bom subject buy land. King (/) Post. ch. 16. or
