Married woman can in general only convey under 3 & 4 Will. IV. c. 74.

May be restricted from selling, although the entire estate be given to her.

May convey in exercise of a power.

May dispose of her separate estate, it not restrained from anticipation.

(s) Supra, p. 2.

(t) Burton's Comp. pl. 206; see judgment in Zouch v. Parsons, 3 Burr. 1805.

(w) Burton's Comp. pl. 895.

(v) Infra, Ch. XVIII.

(w) See Hanson v. Keating, 4 Hare, 1.

(x) Bagyeit v. Meux, 1 Ph. 627; Steedman v. Poole, 6 Hare, 193.

(y) 1 Sug. Pow. 206, 7th edit.; Vendors, 230; and see also, infra,

The observations already made (z) upon fraudulent sales by an infant, apply, it is conceived, to similar transactions by a married woman (a).

Or, lastly; The proposed vendor may have been guilty of treason, or murder, either as principal or accessory before the fact (b); and have thereby subjected his land to forfeiture, and escheat, upon his attainder (c), that is upon sentence of death being passed upon him (d); or of any other felony punishable with death, attainder upon which involves forfeiture during life (e): or he may have incurred a Pra3munire (f); and in any of these cases, or at least in any of the first three, his conveyance, although bond fide, for valuable consideration, and to a purchaser without notice, is subject to the inchoate rights of the Crown, or the Lord of the fee (g). In these cases, however, that which we have, for convenience, referred to as an incapacity to sell, is, in strictness, a mere want of title as against the Crown or Lord of the fee: Leaseholds of traitors and felons are forfeited to the Crown upon conviction (h); but, of these, a bond fide sale between the crime and the conviction, will, it seems, be good (i). So, the incapacities of bankrupts and insolvents to sell, depend merely upon their want of title as against their assignees.

And, with reference to incapacities to sell both of the 1st and of the 2nd descriptions, we may here refer to the general consolidating Act of the 8 Vict. c. 18; which enables incapacitated owners, or owners of partial estates, to sell land to the promoters of undertakings authorized by Acts in which the general Act is incorporated (j).

Relief against fraudulent sale by.

Traitors, felons, etc.

Bankrupts and insolvents.

Power given to incapacitated owners by Lands Clauses Consolidation Act, 1845.

Ch. XVIII. as to contracts for sale by married women.

(z) Supra, p. 3.

(a) See Jones v. Kearney, 1 Dru. & War. 134; Savage v. Foster, 9 Mod. 35; and 6 Ves. 181.

(b) 54 Geo. III. c. 145; 9 Geo. IV. c. 31, s. 2.

(c) 3 Bac. Abr. 738.

(d) 4 Jarm. Conv. by S. 74.

(e) 4 Bl. Com. 385, and 54 Geo. III. c. 145.

(f) 16 Ric. II. c. 5.

(g) See Grosse v. Gayer, Cro. Car. 172; 6 Bac. Abr. 383; 4 Jarm. Conv. by S. 75.

(h) 4 Bl. Com. 388.

(i) Ibid.