Sale of lunatic's lands irrespective of their contracts to sell them.

(z) Above, pp. 787, 788. It is thought that the doctrine of a voidable conveyance being rendered unimpeachable by a subsequent conveyance to a purchaser for value without notice applies only where the first conveyance effectually passes the assuror's estate, leaving in him nothing but a right of action to set it aside, so that a re-conveyance is necessary, if the transaction be avoided; see above, pp. 674, 747, 787, n. (p).

(a) Above, p. 798.

(b) Selby v. Jackson, 6 Beav. 192, 204. Cf. above, p. 788.

(c) Stat. 53 Vict. c. 5, ss. 116 (1), 120 (a); above, p. 492.

Exercise of powers on behalf of lunatics.

(d) Stat. 53 Vict. c. 5, 8. 117(1). (e) Re Ware, 1892, 1 Ch. 344. (f) Re A. B., 1899, W. N. 233. Cf. above, p. 277.

[g) See stat. 53 Vict. c. 5, ss. 116 (2), 124; above,pp. 492,493. [h) Re Ray, 1896, 1 Ch. 468. (i) Above, p. 492. (k) Stat. 53 Vict. c. 5, s. 120 (1). (/) Sect. 128.

As to the power of sale under the Settled Land Act, 1882.

The act in pais of a man, who is so drunk as to be incapable of understanding its effect, is governed by the same law as the act of an insane person (t). Where a drunken man's act is done for valuable consideration under agreement with some other person, it is voidable at his option, if the other knew of his condition: but it is valid, if the other were not aware of and had no reasonable cause to suspect his defective state of mind and dealt with him in good faith. This doctrine is applicable to a drunken person's purchase or conveyance of land, and to his contract to sell or buy land (u). It is, however, questionable whether a drunken man's gratuitous conveyance is absolutely void, as a lunatic's is (x); for it seems that he might confirm it when sober (y).

Drunken persons.

(m) Re X., 1894, 2 Ch. 415.

(n) Re Shortridge, 1895, 1 Ch. 278; Re Fuller, 1900, 2 Ch. 551.

(o) Above, pp. 307 sq.

(p) Re Baggs, 1894, 2 Ch. 416, n. But the powers of leasing given by the Settled Land Act, 1882, may be so exercised on behalf of a lunatic; as the Lunacy Act, 1890, expressly authorises the execution of any power of leasing vested in a lunatic having a limited estate only in the property over which the power extends; stat. 53 Vict. c. 5, s. 120, (h); Re Salt, 1896, 1 Ch. 117.

(q) Stat. 45 & 46 Vict. c. 38, s. 62; Re Ray, 1896, 1 Ch. 468. (r) See stat. 53 Vict. c. 5, s. 108.

(s) Stat. 54 & 55 Vict. c. 65, s. 27 (1); Re Longdate, 1901, 1 Ch. 3, 7.

(t) Above, p. 801.

Convicts, or persons against whom judgment of death or penal servitude has been pronounced or recorded for treason or felony (z), are not under any incapacity to purchase land (a). And since the Forfeiture Act, 1870 {b), which abolished all attainder, forfeiture or escheat upon judgment for treason or felony, convicts may hold land. But by the same Act (c), convicts are incapable, while subject to the operation of the Act, of alienating or charging any property, or of making any contract, and are prohibited from bringing any action at law or in equity for the recovery of any property, debt or damage whatsoever. All these disabilities on the part of a convict are, however, suspended while he is lawfully at large under any license (d). By the same Act, an administrator of any convict's property may be appointed by the Crown (e); and upon such appointment all the real and personal property to which the convict was at the time of his conviction or shall while subject to the Act become entitled, shall vest in the administrator (f). The administrator has absolute power to let, mortgage, sell, convey and transfer any part of such property as to him shall seem fit (g). It is, however, provided that no property acquired by a convict while he is lawfully at large under any license shall vest in his administrator, but the convict shall be entitled thereto without any interference on the administrator's part (h). Any property of the convict vested in his administrator revests in the convict or his representatives on his ceasing to be subject to the operation of the Act (i); this occurs on his death, bankruptcy, completion of his term of punishment or pardon (k).

Convicts.

(u) See Matthews v. Baxter, L. R. 8 Ex. 132; and cases cited above, p. 802, n. [n).

(x) Above, p. 801.

(y) See Molton v. Camroux, 4 Ex. 17, 19; Matthews v. Baxter, ubi sup.

(z) See stat. 33 & 34 Vict. c. 23, s. 6.

(a) See Co. Litt. 2b; Sug. V. & P. 68.5.

(b) Stat. 33 & 34 Vict. c. 23, 8. 1. Conveyancers investigating title prior to the commencement of this Act. which was passed on the 4th of July, 1870, should not forget that it may be necessary to take account of the previous law in this respect; as to which, see Wms. Real Prop. 48, 55, 293, 19th ed., and authorities there cited.

(c) Sect. 8; above, p. 495.

(d) Stat. 33 & 34 Vict. c. 23, s. 30.

[e) Sect. 9.

(/) Sect. 10. Property vested in a convict on any trust or by way of mortgage is excepted: stat. 66 & 57 Vict. c. 53, s. 48.

Outlawry is practically obsolete. Theoretically, however, a man may still be outlawed if he fly from justice upon criminal proceedings against him (I). Outlawry is a cause of forfeiture to the Crown of the outlawed person's goods and chattels, including his chattels real (m). An outlaw cannot therefore make any valid disposition of his chattels after the title of the Crown to have them has accrued; and any previous disposition of them made with intent to avoid the forfeiture will be void (n). Since the Forfeiture Act, 1870 (o), judgment of outlawry for treason or felony no longer entails any attainder, and does not occasion any escheat to the lord or forfeiture to the Crown of the outlaw's freehold or copyhold estates of inheritance (p). But an outlaw still forfeits the profits of his real estate while he lives (q). Outlaws are not disabled from purchasing lands (r); and, except as prevented by the above-mentioned law of forfeiture, they are now free to hold and dispose of them. Outlaws are capable of making contracts and may be sued thereon: but as they cannot appear in Court to enforce any remedy for their own benefit, except to reverse the outlawry (s), they cannot enforce their agreements (t).