ASSIGNMENTS OF LEASES. 1. Assignment to be in Writing. 2. By Indenture or Deed Poll. 4. Licence to assign. 5. Consideration. 3. Assignee bound by the Covenants of 6. Covenants qualified in Assignments. the Lease. 7. Ad valorem Stump necessary. be in writing. SECT. 1. By the 29 Car. 2, c. 3, no lease, estate or interest, either Assignment to of freehold or for term of years, or any uncertain interest in land, shall be assigned, unless by deed or note in writing, signed by the party or his agent legally authorized. 2. An assignment of a lease may be by indenture or deed poll; but where it is by indorsement, and no covenants are entered into by the assignee, a deed poll appears to be the proper form. 3. An assignee is bound, under the words "subject to the rents and covenants on the lessee's part to be paid &c." to indemnify the assignor against the rent and covenants, although he be not required so to do by the agreement for the sale, Pember v. Mathers, 1 B. C. C. 52. As a lessee will, notwithstanding his assignment to another, continue liable under his covenant, to pay the rent during the term, this provision is particularly necessary. If the 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 expence 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. sect. 16.) By indenture or deed poll. Assignee bound by the covenants of the lease. 4. If the lessee is prevented from assigning without the licence of Licence to asthe lessor, it is incumbent on him as vendor, and not on the pursign. chaser, 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 Consideration. 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 re Covenants qua lified in assignments. Lease. Ad valorem stamp necessary. strained by a subsequent clause, Gainsford v. Griffith, 1 Saund. 59; Barton v. Fitzgerald, 15 E. 530. 7. By the 44 G. 3, c. 98, re-enacted by the 55 G. 3, c. 184, an assignment of a lease, although not under seal, requires an ad valorem stamp on the consideration money. (As to assignments of leases, see further, BONDS for Payment of Rent, &c.-MORTGAGES and PURCHASES.) No. CLXXI. No. CLXXI. Assignment of a Lease with an Assignment of Fixtures and This Indre made &c. see ante, No. LXXXV. Betn (assignor) Recital of lease. of &c. of the one pt and (assignee) of &c. of the or. pt Whas (a) by indre of lease bearing date on or about the day of and made betn (lessor) of the one pt and and (original lessee) 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 ments. Mesne assign- 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 (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 said (assignor) of the or. pt the sd mayor &c. Did demise unto the sd (A.) 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 (A.) 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 of. 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 msse 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 licence 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 &c. the sd (assignor) hath completely finished the sd messe of &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." 367 £ sale. Leuse. indre of assnmt bearg date &c. the sd messe and preses became No. CLXXI. vested in the sd (assignor) for the residue of the term which was then to come and unexpired And whas the sd (assignee) hath Contract for 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 Testatum. 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. unto the sd (assignee) his exs ads and ass 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 appts 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 sd (assignor) of in to and out of the sd messe &c. To Have and to Hold the sd messe &c. and Habendum. 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 performed And the sd (assignor) doth hby for himself his exs ads Covenants from and ass covt promise and agree with and to the sd (assignee) his the assignor. exs &c. in manner followg that is to say That the rent covenants condons and agrmts in the sd in pt recited indre of lease reserved (a) Where the licence of the lessor must first be had (see supra, sect. 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 in surance." Lease. That lease is valid and sub sisting. day of No. CLXXI. and contd have been duly pd observed and performed up to the last past And (a) that for and notwithstg 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 said term of Assignor has good right to assign. For quiet enjoyment. Free from incumbrances. Further assurance. 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 the sd (assignee) his exs ads and ass from time to time and at all times hraftr during the sd term of yrs peaceably 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 lful 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 lfully or equitably claiming or to claim by from under or in trust for him them or any of them And that free and clear and freely and clearly acquitted exonerated 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 ads and ass and all or. psn or psns having or claimg or who shall or may have or claim any este right title int property or demand (a) As to qualified covenants, see Obs. E. Lease. whatsr either at law or in equity of in to or out of the said messe No. CLXXI. 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 ads and ass make do and exte or cause to be made done or extd 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 ads or ass or his or their counsel in the law shall be reasy advised devised and required so as (a) no such furr assnmts 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 assurs 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 his her or their respive place or places of abode And the sd (assignee) doth hby Covenants from the assignee. 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 indre of lease well and truly pay or cause to be pd the yrly covenants. rent in and by the same indre of lease reserved which hence- To pay rent. forth 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 observe perform and keep all and singr the covts condons and agrmts in the sd indre of lease To keep the contd and which henceforth on the tenant or lessee's pt ought to be pd observed performed and kept And shall and will from Indemnity to assignor. time to time and at all times hraftr save defend keep harmless and indemnified the sd (assignor) his hrs exs ads and ass 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 (a) See sect. 3. VOL. I. BB |