presents, for himself, his heirs, executors, administrators, and assigns, grant, covenant, and declare to and with the said C. D. and E. F., their heirs and assigns, according to their respective estates and interests in the premises, that the residue of the said messuage and premises comprised in the said indenture of lease and thereby demised, exclusive of the piece or parcel of land and hereditaments hereby bargained and sold or otherwise assured, or intended so to be, shall be and be deemed chargeable with the full amount of the rent reserved by the same lease, without any apportionment or diminution of the same rent for or by reason of the assignment hereinbefore contained; and that the same messuages and hereditaments, with the exception, and exclusively, of the piece or parcel of land and hereditaments hereby bargained and sold, or intended so to be, shall be liable and charged with a distress or distresses for the same rent in the same manner as if these presents had not been executed, or as if the piece or parcel of land and hereditaments hereby bargained and sold or otherwise assured, or intended so to be, had not been comprised in the said indenture of lease, any thing hereinbefore contained, or any law or usage to the contrary in anywise notwithstanding. That renthenceforth be payable out of part only of the therewith. charge shall LVI. And the said A. B., by way of agreement and not of release, doth hereby grant and agree to and with the said C. D., his heirs and assigns, and the said E. F. and G. H. do hereby severally consent, direct, and appoint that the lands charged said rent of £- a year shall henceforth be answered and paid out of the residue of the hereditaments charged with the same, exclusively and by way of exoneration of the close of land and hereditaments hereby released or otherwise assured, or intended so to be (a). LVII. Provided always, and it is hereby agreed and declared by and between the said parties to these presents, that if the said A. B., his executors, administrators, or as signs, should be desirous to quit or give up the said hereby (a) Vide Mr. Butler's opinion, before quoted, pp. 47—49. Proviso for de lease, at the option of the termining the lessee, at the end of seven or fourteen years. For determining lease in case of rent being in arrear, or of the lessee's assigning or underletting without con sent, or failing to observe covenants. demised premises at the end of the first seven or fourteen years of the said term of twenty-one years hereby granted, and of such his or their desire shall give six calendar months' notice in writing to the said C. D., his executors, administrators, or assigns, next preceding the expiration of the said first seven or fourteen years (as the case may be), then and in such case (all arrears of rent being duly paid, and the said messuage or tenement, and all other the premises hereby demised, being in such repair as hereinbefore is required) this present lease, and every clause, matter, and thing herein contained, shall, at the expiration of the first seven or fourteen years of the said term hereby granted (as the case may be), determine, cease, and be utterly void to all intents and purposes, as if the same had expired by effluxion of time, any thing hereinbefore contained to the contrary thereof in anywise notwithstanding. LVIII. Provided always nevertheless, and these presents are upon this express condition, that if the said yearly rent or sum of £— hereinbefore reserved, or any payment or payments thereof, shall be in arrear by the space of twentyone days next after the same ought to have been paid as aforesaid, or if the said A. B., his executors, administrators, and assigns, shall, at any time or times during the continuance of this demise, transfer or assign over or underlet the premises hereinbefore demised to any person or persons whomsoever, for all or any part of the said term of twentyone years, without the license or consent in writing of the said C. D., his heirs or assigns, for that purpose first had and obtained (a); or if the said A. B., his executors, admi (a) With reference to this provision, it is important to bear in mind, that if there be a condition for re-entry on alienation without licence from the lessor, and a licence is once granted, even though it be given to one only of the lessees, or limited to a particular alienee, or confined to a part only of the estate demised; yet this for ever discharges the condition. Brummell v. Macpherson, 14 Ves. 173, and the cases cited in Recital-Book, tit. Lease, art. 348, note. Besides, according to the common law, a condition is so entire in its nature that it cannot be apportioned; and hence a dispensation with any, is a dispensation with every, branch of it. Dumpor's case, 4 Rep. 119; Smith's Leading Cases, i. 15, which con nistrators, or assigns, shall become a bankrupt or bankrupts, or take advantage or attempt to take advantage of the now tains an excellent commentary on this case. Strange to say, the prin sa If it be thought advisable to revive the condition, this may be donewhere the lease is for a term of years-by a defeasance. At one time, indeed, it was supposed, that if the licence contained a restriction that the assignee should hold subject to the covenants and conditions in the original lease (according to the following form), this would preserve the condition, so as to guard against future assignments; but such a view is contrary to Brummell v. Macpherson, above cited, and to the opinion, if not the practice, of the profession. Prest. Conv. ii. 198. I have retained the clause in the ensuing licence, chiefly for the sake of illustration. "I A. B. of &c. do by this writing under my hand and seal signify my licence and consent for C. D. of &c. to assign to E. F. of &c. all [parcels from the lease] and all and singular other the premises demised in and by a certain indenture of lease, bearing date the day of, 18, and made between &c. [if it has been assigned, add and since assigned to the said C. D.'], together with the said indenture of lease, for all or any part of the residue of the term of twenty-one years, by the same indenture of lease granted, now to come and unexpired, under and subject to the payment of the yearly rent of £, thereby reserved, and to the observance and performance of the several covenants, provisoes, and agreements therein contained, on the tenant's or lessee's part to be performed, fulfilled, and kept. Provided always nevertheless, that this licence and consent shall not extend, or be construed to extend, to authorize or permit the said E. F., his executors or administrators, or any of them, to assign the said messuage or tenements and premises, or any part thereof, or the said indenture of lease, or his or their estate or interest therein, for all or any part of the said term thereby granted, to any person or persons whomsoever; but, on the contrary, to restrain him and them therefrom without the further licence and consent of me the said A. B., my Form of lessor's licence to assign. [From MS. collection of John Coles, Esq.] existing or any future act or acts of parliament for the relief of insolvent debtors, or shall compound his debts, or assign over his estate and effects for payment thereof, or any execution shall issue against him or his effects, whereupon the said premises or any part thereof shall be taken or attempted to be taken in execution (a); or if the said A. B., his executors, administrators, or assigns, shall not at all times, during the continuance of this demise, well and truly observe, perform, fulfil, and keep all and singular the covenants, conditions, and agreements which on his and their parts are or ought to be performed, fulfilled, and kept, according to the true intent and meaning of these presents, then and in every or any such case, and at all times hereafter, and although no advantage shall have been taken of any previous default, it shall and may be lawful to and for the said C. D., and his heirs or assigns, into the said premises hereinbefore demised, heirs or assigns, for that purpose first had and obtained. witness" &c. (a) Or, In 1. "If the said A. B., his executors or administrators, shall at any time during the continuance of this demise commit any act of bankruptcy within the intent and meaning of any of the statutes made or to be made in relation to bankrupts, whereon a fiat shall issue, and he or they shall be found or declared to be a bankrupt or bankrupts, or if he or they shall make any composition with his or their creditors for the payment of his or their debts, or if he or they shall make any assignment of his or their effects, in trust for the benefit of his or their creditors; or if the said A. B., his executors or administrators, shall at any time during the term demised, by losses or otherwise, become insolvent, and any writ or writs of execution or other process of law shall issue against his or their goods and chattels, that then" &c. 2. "Or if the said premises, or any part thereof, shall through the act or default of the said A. B., his executors or administrators, become saleable, assignable, or vested in any other person or persons, by virtue of any writ, common process, or proceedings at law or in equity, then" &c. or into any part thereof in the name of the whole, wholly to re-enter, and the same to have again, re-possess, and enjoy, as in his or their former estate, any thing hereinbefore contained to the contrary thereof in anywise notwithstanding. That the deed unless executed by all parties yea should be void, within two years. (In a partition deed between numerous parties, some of whom were abroad, and their concur LIX. Provided always, and it is hereby declared and agreed, and these presents are upon this express condition, that these presents, and the lease for a year hereinbefore recited and referred to, and every matter and thing herein contained, shall be null and void unless the same shall be duly executed by all the parties hereto, being grantors or releasors, within two years from the date hereof. Provided always, that a certificate, inclosed or written in the margin of these presents, and signed by any notary public, certifying that the same were produced to him on any day within tain). the said period of two years from the date hereof, executed or appearing to be executed by all the said parties hereto, being grantors or releasors, shall, for all the purposes of these presents, be conclusive evidence of the same having been so executed within such period as aforesaid, and shall operate as a release or extinguishment of the condition hereinbefore contained. rence uncer grantor shall suffer annuities to be in arrear, he may, with consent of an nuitant, exercise powers of leasing. LX. Provided always, and it is hereby agreed and declared That until between and by the said parties to these presents, that notwithstanding any thing hereinbefore contained, the said A. B., in the meantime, till he shall suffer the said annuities, some or one of them, or the said interest, to be in arrear as aforesaid, shall, with the consent in writing of the said C. D. during his life, and after his death then in the discretion of him the said A. B. alone, exercise any power or powers of leasing which he had over the premises immediately before the execution of these presents; and that all leases to be made under and by virtue of the same power or powers shall take effect in possession, in preference to the demise hereby made; but the rent or rents to be reserved on the same lease or leases shall be incident to the term hereby granted. LXI. And it is hereby agreed and declared between and by the said parties to these presents, that the judgment so For preserving the benefit of a judgment, |