We have seen (g) that it is essential to the validity of a contract that there be nothing unlawful in the object of the agreement. A simple sale (h) of land is not in general affected by this condition: but there are some sales of land or other hereditaments which are expressly prohibited by statute (i); and a sale of land is void, if it be made for an illegal purpose (k). Again, if a contract for the sale of land include other terms besides the agreement to convey the land on payment of a price in money, and any such other term be illegal, the whole contract or the illegal part of it will be void, according as the lawful portion of the agreement be inseparable from the illegal part or not (l). And if the unlawful stipulation be a part of the consideration for the conveyance of the land or payment of the price, as the case may be, the whole contract will be void (m).

There must be nothing unlawful in the object of the agreement.

Sales for illegal purposes void.

Contract for sale of land including some unlawful term.

With regard to the question, what contracts or stipulations are unlawful, contracts for the sale of land are of course governed by the general law of contract (n). That can hardly be stated in full in a treatise like the present: but some examples may be given. In the first place, some contracts are particularly prohibited by statute and are void on that account. Thus the sale by auction of an advowson apart from any manor or land was made unlawful by the Benefices Act, 1898 (o), and is therefore void. And the sale of any land by way of lottery is expressly prohibited and made void by statute (p). Other contracts are infected with illegality, not as being particularly prohibited, but because they infringe some rule of law. In this way, contracts for the sale of land are void if they contemplate the commission of any act, which is illegal by common law or statute; such as a crime, an indictable offence or a civil wrong (q), or an act prohibited by statute on pain of a penalty or otherwise (r). A sale of a house is therefore void if made to the knowledge of both parties with the object of using it for the purpose of manufacturing counterfeit coin or banknotes, or in any manner which is a common nuisance; as a brothel, for instance (s), or as a common gaming or betting house or a disorderly place of entertainment (t); or for the purpose of carrying on there any illegal process of manufacture (u) or business (x); or for the purpose of putting it up for sale by lottery (y). So a sale of land is void if part of the consideration be the publication of a libel (z) or the commission of a fraud on persons not parties to the contract (a), or an illegal transfer of a public office (b), or any stipulation which is illegal as tending to encourage immorality or as being against the policy of the law (c). Such are stipulations for future cohabitation (without marriage) between a man and a woman (d) or for stifling a criminal prosecution (c) for some offence, which cannot be the subject of an action for damages, or is an offence against the public (f); and stipulations in general restraint of marriage (g). Here it may be mentioned that stipulations in unreasonable restraint in trade are void as being against the policy of the law (h): but they are not unlawful (i). If, therefore, such a stipulation form part of the consideration for a sale of land, it does not avoid the sale; for in such cases the Courts will enforce the stipulation so far as it may be reasonable, and reject the excess only (i). Contracts to buy or sell land made with the inhabitants of hostile states appear to be void, unless entered into with the king's licence. For except by royal licence all commercial intercourse between the king's subjects and the inhabitants of an enemy's country is prohibited (k). And this rule applies, not only to aliens, but to all person, even to British subjects, residing in a hostile state, who are adherent to the king's enemies by carrying on business there or otherwise (l).

What contracts or stipulations are unlawful.

(g) Above, p. 2.

(h) Above, pp. 1, 277.

(i) See below, p. 771.

(k) Lightfoot v. Tenant, 1 B. & P. 551, 556; Gas Light and Coke Co. v. Turner, 6 Bing. N. C. 324; Fisher v. Bridges, 3 E. & B. 642; Smith v. White, L. R. 1 Eq. 626; Pearce v. Brooks, L. R. 1 Ex. 213.

7) Featherston v. Hutchinson, Cro. Eliz. 199; Bridge v. Cage, Cro. Jac. 103; Waite v. Jones, 1 Bing. N. C. 656, 662; Shackell v. Rosier, 2 Bing. N. C. 631; Keir v. Leeman, 6 Q. B. 308, 322, 9 Q. B. 371, 395; Hopkins v. Pres-colt, 4 C. B. 578; Lound v. Grim-wade, 39 Ch. D. 605, 613.

(m) Mallan v. May, 11 M. & W. 653; Price v. Green, 16 M. & W. 346; Nicholls v. Stretton, 10 Q. B. 346; Underwood v. Barker, 1899, 1 Ch. 300.

Contracts particularly prohibited.

Sale by auction of an advowson alone.

Sale by way of lottery.

Contracts infringing' some rule of law.

Contracts contemplating an illegal act.

(n) See Pollock on Contract, Ch. VII., pp. 273 sq., 7th ed.; Wms. Pers. Prop. 167 sq., 15th ed.

(o) Above, p. 392.

(p) Stats. 10 & 11 Will. III. c. 17, s. 1; 12 Geo. II. c. 28, ss. 1, 4; Fisher v. Bridges, 3 E. & B. 642, 618.

(q) Co. Litt. 206b and n. (1); Mitchel v. Reynolds, 1 P. W. 181, 189; Bac. Abr. Conditions (K).

(r) Bensley v. Bignold, 5 B. & A. 335; Cope v. Rowlands, 2 M. & W. 149, 157; Taylor v. Croyland Gas Co., 10 Ex. 293; and see Booth v. Bank of England, 7 Cl. & Fin. 509, 540.

(s) Lloyd v. Johnson, 1 B. & P. 340, 341; Smith v. White, L. R. 1 Eq. 626; Pearce v. Brooks, L. R. 1 Ex. 213; and see above, p. 687.

(t) See Stephen, Digest of Criminal Law, Art. 197 - 207, 388, 408 sq.

(u) Gas Light and Coke Co. v. Turner, 6 Bing. N. C. 324.

(x) See Cope v. Rowlands, 2 M. & W. 149 (unlicensed broker); Taylor v. Croyland Gas Co., 10 Ex.

Stipulatiots in unreasonable restraint of trade.