the assignor against the rent and covenants, although he be not required so to do by the agreement for the sale. Pember v. Mathers,

Lease.

1 B. C. C. 52. As a lessee will, notwithstanding his assignment the coveto another, continue liable under his covenant, to pay the rent nants of the during the term, this provision is particularly necessary. If the lease. assignor be himself an assignee, it is necessary for this condition to be revived on his part, in order that he may be protected against his own covenant. Where it is of importance to save the expense of a counterpart, a deed of covenant, or a bond, may be taken from the assignee for performance of the covenants in the lease, or a proviso similar to that in leases may be added on breach of covenants. Doe v. Bateman, 2 B. & A. 168. (As to the liabilities of lessee and assignee, see further, Lease. Pref. § 16.)

4. If the lessee is prevented from assigning without the licence of the lessor, it is incumbent on him as vendor, and not on the purchaser, to procure the licence. Lloyd v. Crisp. 5 Taunt. 249; Mason v. Corder, 7 ib. 9. If the purchaser buy of one who has previously bought, but not taken a conveyance, he can call on the original vendor to convey to him. Wood v. Griffith, 1 Swanst. 54.

5. No consideration is necessary to support an assignment of a lease, the rents and covenants being sufficient. 1 Mod. 263.

6. In an assignment of a lease, the covenants must be qualified throughout, where it is intended to restrict them to the assignor's own acts. It has been held that a general covenant will not be restrained by a subsequent clause. Gainsford v. Griffith, 1 Saund. 59. Barton v. Fitzgerald, 15 E. 530.

7. By the 44 G. III. c. 98, re-enacted by the 55 G. III. c. 184, an assignment of a lease, although not under scal, requires an ad valorem stamp on the consideration money. (As to assignments of leases, see further, Bonds for Payment of Rent, &c.-Mortgages, and Purchase Deeds.)

This Indre made, &c. Betn (assignor) of, &c. of the Recital of one pt and (assignee) of, &c. of the or. pt Whas (a) by lease.

(a) If it be a city lease say, Whas by indre bearing date, &c. and made or mentd to be made betn the mayor and commonalty and citizens of the city of London of the one pt and the sd (assignor) of the or. pt the sd mayor, &c. Did demise unto the sd (4) all, &c. as the same are therein and hinaftr parlarly described with the apts To Hold the same discharged of the land-tax which had been redeemed unto the sd (4) his, &c. from, &c. for and during, &c. next ensuing subject to the yrly rent of £— paye to the sd mayor, &c. their successors or ass at or in the office of receipts and paymts of money of the chamberlain of the sd city for the time being by quarterly, &c. and the sd (assignor) did thby among or. things covt to insure from fire all such erections and buildings as shd be erected upon the sd demised preses and at his own costs and chas within calr mnths then next ensuing to completely finish and make fit for habitation the sd messe or tent thby demised to the approbation of the clk for the time being of the works of the sd city And that he shd not alien assign or orwise dispose (except by will only) of the sd indre of lease witht the license and consent in writing of and from the sd mayor, &c. under the penalty as therein is prescribed as by the sd indre under the corporate seal of, &c. will more fully appear And whas since the date of the sd indre of, &c. the sd (assignor) hath completely fiuished the sd messe, &c. to the satisfaction of the sd clk, &c. and hath caused the same to be insured from fire in the sum of £ in the, &c.'

Lease.

Mesne assignments.

Contract

for sale.

Testatum.

indre of lease bearing date on or about the

day of and made betn (lessor) of the one pt and (original lesser) of the or. pt For the consons therein expssed the sd (lessor) did demise All that, &c. with the appts unto the sd (lessee) his exs, &c. from the day of last past for the term of yrs at and under the yrly rent covts condons and agrts as in and by the sd indre of lease are expssd contd and decld And whas by divers mesne assignments and assurs in the law parlarly by an indre of assnmt bearg date, &c. the sd messe and preses became vested in the sd (assignor) for the residue of the term which was then to come and unexpired And whas the sd (assignee) hath contracted with the sd (assignor) for the sale to him of the sd messe and preses comprised in the sd in pt recited indre of lease for the residue of the sd term of years at or for the price of £(a) Now this Indre Witnesseth That in conson of the sum of £- of, &c. to him the sd (assignor) in hand well and truly pd by the sd (assignee) at or before the sealing of these presents the rect whof he the sd (assignor) doth hby acknge and of and from the same doth acquit rele and discharge the sd (assignee) his exs ads and ass for ever He the sd (assignor) Hath granted bargained sold assigned transferred and set over and by these prests (b) Doth grant, &c. All that the sd messe, &c. and all and singr or. the preses comprised in the sd in pt recited indre of lease with their and evy of their apts togr with the sd in pt recited indre of lease (c) And all the este right title term and terms of yrs to come and unexpired trust property posson claim and demand whatsr both at law and in equity of him the Habendum. sd (assignor) of in to and out of the sd messe, &c. To Have and to Hold the sd messe, &c. and preses hby assd or intended so to be with their and evy of their appts unto the sd (assignee) his exs ads and ass henceforth for and during all the rest and residue now to come and unexpired of the sd term of yrs (d) subject to the rents covts condons and agts in the sd in pt recited indre of lease reserved and contd which on the tenant's or lessee's pt ought to be pd observed and per

(a) Where the licence of the lessor must first be had (see Obs. 5,) say, And whas the sd (assignor) hath previous to the sealing and delivery of these prests applied to and procured the licence of the sd (lessor) as by a memorandum indorsed upon the sd indre doth appear.

(b) In pursuance of such licence as afd.'

(c) If the policy of insurance be assigned at the same time, say, and the sd policy of insurance.'

(d) Togr with all bent and advantage to accrue from the sd policy of insurance.'

Lease.

Covenants

formed And the sd (assignor) doth hby for himself his exs ads and ass covt promise and agree with and to the sd (assignee) his exs, &c. in manner followg that is to from the say That the rent covenants condons and agrmts in assignor. the sd in pt recited indre of lease reserved and contd have been duly pd observed and performed up to the

is valid and

subsisting.

day of last past And (a) that for and not- That lease withstg any act matter or thing whatsr by the sd (assignor) made done or knowingly or willingly suffered to the contrary the sd hnbefe in pt recited indre of lease is at the time of the sealing and delivery of these prests a good valid and subsisting lease and demise in the law and not forfeited surrendered or become void and voidable And that for and notwithstg any such act deed matter or thing he the sd (assignor) now hath in himself good right full power and absolute authty to assign and assure the sd messe and preses hby assd or intended so to be for and during all the residue and remdr of the sd term of yrs in manner afd and according to the true intent and meaning of these prests And furr that it shall and may be lful to and for For quiet the sd (assignee) his, &c. from time to time and at all enjoyment. times hraftr during the sd term of yrs peaceably

Assignor has good right to

assign.

brances.

and quietly to enter have hold occupy possess and enjoy the same messe and preses with their appts and to rece and take the rents issues and prfts thof to and for his and their own use and bent witht any Iful let suit trouble denial eviction interruption claim or demand of or by him the sd (assignor) his exs or ads or any psn or psns Ifully or equitably claiming or to claim by from under or in trust for him them or any of them And that Free from free and clear and freely and clearly acquitted exoincumnerated reled and for ever discharged or orwise by the sd (assignor) his exs or ads well and sufficiently saved defended and kept harmless and indemnified of from and agst all and all manner of former and or. estes titles troubles chas and incumbs whatsr either already or to be hraftr made done committed or suffered by the sd (assignor) his exs or ads or by any psn or psns lfully claimg or to claim by from under or in trust for him them or any of them save and except the rents covts condons and agrmts in and by the sd hnbefe recited indre of lease reserved and contd and which on the tenant or lessee's pt are or ought to be pd observed and performed And furr that the sd (assignor) his exs, Further &c. and all or. psn or psns having or claimg or who assurance. shall or may have or claim any este right title int pro

(a) As to qualified covenants, see Obs. 6.

Lease.

perty or demand whatsr either at law or in equity of, in to or out of the sd messe or tent and preses hby assd or intended so to be or any of them or any pt thof by from under or in trust for the sd (assignor) his exs or ads shall and will from time to time and at all times during the sd term of yrs at the request and proper costs and chas of the sd (assignee) his exs, &c. make do and exte or cause, &c. all and evy such furr and or. lful and rease acts assnmts and assurs in the law whatsr for the better more perfectly and absolutely assg and assurg of the sd messe, &c. for the remr then to come and unexpired of the sd term of yrs as by the sd (assignee) his exs, &c. or his or their counsel in the law shall be reasonably advised devised and required so as (a) no such furr assumts and assurs contain or imply any furr or or. covt or warranty than agst the psn or psns who shall be requested to make any such furr assnmts or assures and so as the pty or pties who shall be requested to make the same be not compelled or compellable for the making or doing thof to travel from Covenants his her or their respive place or places of abode And the sd (assignee) doth hby for himself his hrs, &c. covt, &c. that he the sd (assignee) his hrs, &c. shall and will from time to time and at all times hraftr during the sd term of yrs granted by the sd in pt recited To pay rent. indre of lease well and truly pay or cause, &c. the yrly rent in and by the same indre of lease reserved which henceforth shall grow due and paye in respect of the sd preses hby assd at such time and in such manner as the same is thby reserved and also shall and will obTo keep the serve perform and keep all and singr the covts condons and agrmts in the sd indre of lease contd and which henceforth on the tenant or lessee's pt ought to be pd observed performed and kept And shall and will from time to time and at all times hraftr save defend keep harmless and indemnified the sd (assignor) his hrs, &c. and his and their lds goods and chattels from and agst the paymt of the sd rent and the performance of the sd covts condons and agrmts and from and agst all and all manner of actions suits cause and causes of action costs chas dams claims and demands whatsr for or on acct of the same or in any wise relating thereto (b) In Witness, &c.

from the assignee.

covenants.

Indemnity to assignor.

(a) See Obs. 3.

(b) Where the fixtures are also to be assigned, this may be done by a further testatum, as follows: Whas the sevl fixtures and or. things mentd in the schedule hereunder-written have been agrd to be taken by the sd (assignee) at the price or sum of £— Now, &c. in conson of the sum of £-of, &c. to the sd (assignor) in, &c. by the sd (assignee) at, &c. the rect whof, &c. He the sd

Assignment of a Lease by Indorsement.

Know All men that (assignor) of, &c. for and in conson of the sum of, &c. to him in hand, &c. by (assignee) of, &c. pd at or before, &c. the rect, &c. Hath bargained, &c. to the sd (assignee) his exs, &c. All, &c. and singr the preses comprised in the withinwritten indre and mentd to be thby demised to A B with their apts togr with the within-written indre of lease And all the este, &c. of him the sd (assignor) of, in or to the sd preses or any pt thof by virtue of the sd indre of lease To Have, &c. the sd messe, &c. and all and singr or. the preses with their apts unto the sd (assignee) his exs, &c. for and during all the residue and remr yet to come, &c. Subject and witht prejudice to the rents covts and condons in and by the within-written indre of lease reserved and contd (add covts from the assignor, as in last precedent.)

Assignment of a Legacy to a Trustee for an Infunt, by an Order of the Court of Chancery.

Obs. As to the stamp, see Pref. § 4.

Legacy.

Stamp.

This Indre, made, &c. Betn (trustees under a marriage settlement) of the one pt and (trustee) a trustee named for and in behalf of (infant) an infant of the or. pt Whas (recite the will of IT whby he devised and Recital of bequeathed his este and the legacies therein charged) will. And whas by indre bearing date, &c. and made betn (intended husband) therein described of the first pt ment. (intended wife) of, &c. spinster and a legatee under the

Of settle

(assignor) hath granted bargd, &c. all and singr the stoves grates Assignment ranges coppers shelves dressers goods chattels matters and things of fixtures. whatsr mentd and set forth in the schedule hereunder-written or hereunto annexed and evy of them and evy pt and pel thof To Have, &c. the sd goods chattels, &c. hby granted, &c. or intended so to be and evy pt, &c. unto the sd (assignce) his, &c. as his and their own proper goods and effects absolutely and for ever And the sd (assignor) doth hby, &c. (clause of warranty, see Bill of Sale.)

Where a policy of insurance is to be assigned with a lease, then add, And whas by a certain deed poll in writing bearing date, &c. Recital of and being or purporting to be a policy of insurance under the hands insurance. and seals of the directors of Compy he the sd (assignor) hath insured the sd preses agst dams by fire for the sum of £- And it hath been agrd that the same policy shall be assd to the sd (assignee) in manner hnaftr mentd Now this Indre furr Witnesseth That, &c. in conson of the preses he the sd (assignor) Hath assigned, &c. and by, &c. Doth assign, &c. All that deed poll or policy of, &c. And all the right, &c. with full power, &c. (see Assignment of a Debt.) To Have, &c. the sd deed poll, &c. and all and evy sum or sums, &c. and all and singr, &c. (sec Assignment of Policy of Insurance.)