of acts.

premises, as fully to all intents and purposes whatsoever, as I, the said A. B., might or could do in my own proper person, in case these presents had not been made. And whatsoever my said attorneys Ratification or attorney, or either of them, shall lawfully do or cause to be done in or about the premises, I hereby, for myself, my heirs, executors, and administrators, agree to allow, ratify, and confirm. In witness, &c.

(4.)

Letter of Attorney to demand Rent, and in
Default of Payment to re-enter, pursuant to a
Proviso contained in the Lease.

KNOW ALL by these presents, that I, A. B., of,
&c., do make, ordain, constitute, and appoint,
C. D., of, &c., my true and lawful attorney, for me,
and in my name, to demand and receive of and
from I. L., of, &c., on the day next, coming
at, &c., commonly called or known by the name of,
&c., situate, &c., the sum of £-
- of lawful money,
&c., which will become due unto me, the said
A. B., from the said I. L., at the said feast day
before mentioned, for one half year's rent, for the
said messuage, farm, and lands, with their appur-
tenances, which by an indenture of lease, bearing
date the day of, &c., were by me, the said A.
B.,demised unto the said I. L., for a certain terin of
years; AND in default of payment of the said sum of
£, I give and grant unto my said attorney full
power and authority to enter into and upon the said
messuage, &c., and premises, by the hereinbefore
mentioned indenture of lease demised, and the same
for me, and in my name, stead, and place, to take
possession, to the intent that the said indenture of
lease may become void, according to a certain pro-
viso in the said indenture of lease, for that purpose
contained. AND FURTHER, to execute and perform
all things requisite and necessary to be done in and
about the execution of these presents, see page 654.
I hereby ratifying, &c., and agreeing to ratify,
&c., see last precedent. In witness, &c.

Landlord's license and consent.

Short form

not restrict

ed to any particular person.

Copyhold.

The terms of the license

must be ex

actly complied with.

LICENSE TO DEMISE AND ASSIGN.

(1.)

License from Landlord to assign to a particular
Person.(p)

I, A. B., of, &c., do, by this writing under my
hand and seal, signify my license and consent for
C. D., of, &c., to assign to E. F., of, &c., all, &c.,
(describe the 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

(p) If the license be not restricted to a particular person it may be thus: "Memorandum, that A. B., of, &c., (the lessor,) doth license and permit C. D., of, &c., (the lessee,) his executors and administrators, te demise, assign, or otherwise part with, or dispose of, all or any part of the messuages or tenements and premises to him demised, in or by a certain indenture of lease, bearing date, &c., unto any person or persons, at his or their free will and pleasure for all or any part of the estate, term, or interest, of him, the said C. D., therein, under, or by virtue of the said indenture, any covenant, clause, restriction, or agreement, therein contained to the contrary notwithstanding. In witness whereof the said A. B. hath here unto set his hand this day of, &c.

If the license be from the lord of the manor to a copyholder to demise copyhold premises, the form may be thus: "Manor of, &e Be it remem bered that on the day of, &c., the lord of the said manor, out of court, by C. D., gent., his steward, duly authorised in that behalf, granted license unto E. F., of. &c., one of the customary tenants of the same manor, to demise and let all, &c., unto any person or persons, whomsOTE", being willing to take the same for the term of years, to commence from the- day of, &c, next ensuing, or for any shorter term, saving always unto the said lord of the said manor for the time being, his heirs, sequels in right, and assigns, all and all manner of fines, rents, services, and customs, before due, and of right accustomed to be paid, with full power for him and them from time to time, and at all times during the said term, to enter into the said premises or into any part thereof, to seize, distrain, and take away any distress, or other lawful remedy for recovering thereof, as freely as if this license had not been given. And for this license the said E. F. hath given unto the said lord, the sum of, &c., being pence for each year of the said term.-In witness, &c. (The lease by the copyholder must correspond with the terms of the license; for if the license be to lease for twenty-one years from Michaelmas, and the copyholder lease for twenty-one years, to commence at the Christmas following, the lease will be void.-Jackson v. Neale, Cro. Eliz. 395. But a copyholder may demise for a less though not for a greater term than his license specifies Godwin v. Longhurst, Cro. Eliz. 535. It seems the lord may autherise the copyholder to demise either for a term of years absolutely or deter minable on lives, but not to demise for life, even though there be a custom alleged to support it, as a demise for life would pass a freehold interest -Godb. 171, ca. 236.)

said E. 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 said indenture of lease granted now to come and unexpired, under and subject to the payment of the yearly rent of, &c., Premises. 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 license Term. and consent shall not extend or be construed to extend, to authorise or permit the said E. F., his executors or administrators, or any of them, to assign the said messuage or tenement 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 Proviso. restrain him and them therefrom, without the further license of me, my heirs, or assigns, for that purpose first had and obtained.](9) In witness, &c.

-(2.)

Form of License from Landlord to Tenant to exercise a Trade restricted in a Lease. KNOW ALL MEN by these presents, that I, A. B., of, &c., do hereby give full license and liberty unto C. D., of, &c., to use, exercise, and carry on, upon the messuage or tenement and premises demised to him by indenture of lease, dated, &c., the trade or business of, &c., and for that purpose, if he shall think proper, to convert the same into a shop or

License

(g) Where there is a condition in a lease for re-entry on alienation by Condition in the tenant, without license from the lessor, upon the landlord once lease for regranting a license, even though it be given to one only of lessees, or entry. 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. It seems at 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.-Dumpicis case, 4 Rep. 119.-Smith's leading cases, 1, 15; and so where the condition is complied with, as upon the tenant assigning with license according to the terms of the condition. It appears if the condition is to be revived for the landlord it must be done (where the lease is for a term of years) by defeasance.

warehouse, for the sale of the several goods, wares, and other things, incident and belonging to the said Condition. trade and business of, &c., upon this express condition, nevertheless that the said C. D., his executors or administrators, do and shall, in such case, before the expiration of the term of - years, granted to him by the said indenture of lease, re-convert the said premises into a private house or dwelling, and leave the same in such state of repair as is required by the terms of the said lease, and in such and the same manner, in all respects, as if this license had not been given, or the said premises had not been converted into a place of sale for goods and merchandise. As witness, &c.(r)

(r) The case of Brummell v. Macpherson, 14 Ves. 173, (see note to p. 657.) does not apply to conditions in restraint of particular trades usually cos tained in leases, as any one of the trades mentioned in the proviso may be dispensed with, without such dispensation affecting the others; se Macker v. Foundling Hospital, 1 Ves. & Bea. 189;) and the distincti seems to be, that the one is, in fact, a string of separate conditions appcable to each trade in particular, without relating to those conjoined with it, and not a condition being an entire thing by which as dispensation of part would be a dispensation of the whole condition, which could not be revived.

OBSERVATIONS AND CASES.

of license.

LICENSE is a power or authority given to a man Explanation to do some lawful act, and is a personal liberty to the party to whom given, which cannot be transferred over, though it may be made to a man and his assigns. (8)

provisoes.

In leases there is generally inserted a proviso to Leases with restrain the lessee assigning, without the license restraining and consent of the lessor; and this proviso appears to be essential to guard against the estate falling into the hands of any other person who may not manage it as well as the original tenant.(t)

tion ceases

A proviso in a lease for re-entry upon assign- The coudiment by the lessee, his executors, administrators, altogether or assigns, without license, the condition itself by license. ceases by assignment with license though to a particular individual.(u)

When there is right of entry given for an as- Evidence of signing or under-letting, if a person is found in the underletting premises appearing as the tenant, it is prima facie evidence of an under-letting sufficient to call upon the defendant to show in what character such person was in possession as tenant or servant to the lessee.(c)

(s) 12 Hen. VII., c. 25. And there may be a parol license, as well as Parol license by deed in writing, in the absence of any express provision to the contrary. See 2 Nels. Abr. 1123. But where a proviso in a lease that lessees should not demise the premises without a license in writing, a parol license to underlet was, of course, insufficient; but where such license is given as a snare, and under circumstances of fraud, the court will relieve. -Richardson v. Evans, 3 Madd. 218.

(t) Covenants restraining lessees from alienation without license, are construed with jealousy.-See Church v. Brown, 15 Ves. jun. 264. Greenaway v. Adams, 12 Ves. jun. 395. Although the word "assigns' may not be in the lease, yet he may alien, unless expressly restrained.-Id. Although the word "assigns" be inserted in the lease, where the usual restraint is contained, yet it is not repugnant, as it will be construed such assigns only as he may lawfully have; that is, by license from his landlord, or by law, as assignees in bankruptcy.-Wetherell v. Geering, 12 Ves. jun. 504. (See "Provisoes.")

(u) Brummell v. Macpherson, 14 Ves. jun. 173. (See note to p. 657.) (v) Doe d. Hindley v. Rickarby, 5 Esp. 4. But it is not sufficient to prove the defendant a stranger in possession of the denised premises, and his declaration that they were demised to him by another stranger.---Doe

Construc

tion of covenants restraining assignment.