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provements on the demised premises: not to lop or top trees(n) growing on the premises, nor to build, obstruct lights, or commit waste: to cultivate(o), farm, or manage the land in a husbandlike or in any peculiar(p) manner: to maintain banks, fences, or boundaries: to reside(q) on the demised premises: not to carry on particular or offensive(r) trades or occupations, or commit any nuisance on the premises: to allow the lessor a right of passage(s) to rooms excepted out of the demise to keep buildings insured against accidents(t) by fire, and in case of their destruction to expend the insurance money in rebuilding, or pay over the amount to the lessor.

Covenants binding assignees of the reversion of demised premises are those for quiet enjoyment(u), further assurance(v), for title(w), for indemnity (x) against head-rent, liberty to deduct taxes(y) paid by lessee out of his reserved rent, to supply demised premises(z) with water, to renew(a), and to apply for and use the lessor's utmost endeavours to procure(b) a renewal of the lease for a further term.

(n) Anon. Moor, 44, pl. 136; Doe dem. Wetherell v. Bird, 6 Carr. & P. 195.

(0) Sale v. Kitchingham, 10 Mod.

158.

(p) Cockson v. Cock, Cro. Jac. 125. (q) Tatem v. Chaplin, 2 H. Bla. 135; Doe dem. The Duke of Norfolk v. Hawke, 2 East, 141; and see Ponsonby v. Adams, 2 Bro. Parl. Ca. 431; Chickeley's case, 1 Dyer, 79, A.

(r) Mayor of Congleton v. Pattison, 10 East, 138.

(s) Bush v. Cole, 12 Mod. 24; Carth. 232; 1 Show. 388; 1 Salk. 196.

(t) Vernon v. Smith, 5 B. & Ald. 1, by Best, Justice.

(u) Noke v. Awder, Cro. El. 436513; Moor, 419; Campbell v. Lewis, 3 B. & Ald. 392.

(v) Middlemore v. Goodale, Cro. Car. 503; W. Jones, 406; King v. Jones, 5

Taunt. 418; 1 Marsh. 107; 4 M. &
Selw. 188.

(w) Kingdon v. Nottle, 1 M. & Selw. 355; 4 M. & Selw. 53.

(x) Burnett v. Lynch, 5 B. & Cr. 599. (y) Baylye v. Hughes, Cro. Car. 137; W. Jones, 142.

(z) Jourdain v. Wilson, 4 B. & Ald. 266; but see Catterns v. Tennent, 1 Shaw & Maclean, 694.

(a) Kean v. Strong, 5 Irish Law Rep. 540; Isteed v. Stoneley, 1 Anders. 82; Skerne's case, Moor, 27; Tanner v. Florence, 1 Cha. Ca. 259; Finch v. Lord Salisbury, Finch, 212; Furnival v. Crew, 3 Atk. 83; 9 Mod. 446; Roe dem. Bamford v. Hayley, 12 East, 469; Anon. Moor, 159, pl. 300; but see Haig v. Homan, 4 Bligh. New Ser. 380.

(b) Simpson v. Clayton, 4 Bing. N. C. 758; 6 Scott, 469, S. C.; Roe v. Hayley, 12 East, 464.

CHAPTER VIII.

COVENANTS.

83. Covenant lies by or against As-
signee of Part of demised Pre-
mises, or by or against Grantee
of Reversion in Parcel.
84. Irish Statute, 11 Anne, c. 2, s. 6,
rendering Assignee of Term lia-
ble to Covenants binding Lessee.
85. Assignee of Reversion only entitled
to sue for Breaches committed
during his Ownership.
86. Assignee of Lessee not responsible
for Breaches committed before
the Assignment.

87. Assignee of Leaseholds exonerated
from future Liability by assign
ing over.

88. Equitable Interference in Respect
of fraudulent Assignments.
89. Effect of Assignment by Act of
Law, Execution, Bankruptcy, or
Insolvency.

90. Mortgagee of Leaseholds liable to
Rent and Covenants.

91. New Lease obtained by Middleman valid, without Surrender of Underleases.

92. Liability of Executors in their
representative Capacity on Co-
venants in Leases.
93. Personal Liability of Executors on
Covenants in Leases.

94. Liability of Executors on implied
Covenants.

95. Liability of Heirs and Devisees
for Breaches of Covenant.
96. Remedy given to Creditors by
Statute, 11 Geo. IV. and Ï
Will. IV. c. 47.

97. Neither Debt nor Covenant lies
against Devisee, unless for De-
mand accrued in Testator's Life-
time.
98. Heirs and Devisees seised of
Leaseholds may be sued as As-
signees during their Enjoy-

ment.

99. Right of Heirs and Devisees to sue on Covenants made with the Ancestor or Testator. 100. When personal Representatives

must sue.

83. IF a lessee divide his interest, or the lessor sever his reversion into any number of parts, an action lies for breach of any covenant running with the land by (a) or against(b) the assignee of the lessee of any parcel of the demised premises, or by(c) or against(d) the grantee of the reversion in any part of the lands: in an action of covenant by the lessor against an assignee(e) of the lessee of demised premises, a moiety of which had been evicted by title paramount, it was ruled that the covenant was divisible, and the rent should be apportioned. So an action for breach of covenant at the suit of an assignee of the rever

(a) Palmer v. Edwards, 1 Doug. 187, note; Simpson v. Clayton, 4 Bing. N. C. 758; 6 Scott, 469, S. C.

(b) Congham v. King, Cro. Car. 221; Conan v. Kemise, W. Jones, 245; Gamon v. Vernon, 2 Lev. 231; Stevenson v. Lambard, 2 East, 575.

(c) Twynam v. Pickard, 2 B. & Ald. 105; Pyot v. St. John, Cro. Car. 229; 2 Bulst. 102; 2 Brownlow, 56.

(d) Palmer v. Edwards, 1 Doug. 187,

note.

(e) Stevenson v. Lambard, 2 East,

575.

sion of a parcel(ƒ) of the demised premises for not keeping such part in repair, was held maintainable.

The Statute(g) 10 Car. I. Sess. 2, c. 4, extends to a grantee of part of the reversion, as well as to a grantee of the reversion in part of the demised premises: for if a person seised of the reversion in fee expectant on a lease(h) for years, grant his reversion for a term of years, or for any other limited period, an action lies for breach of covenant at the suit of such grantee of a part of the reversion, but the damages recoverable shall only be commensurate() with the injury done to such partial interest, because the person having the ulterior reversion is entitled to compensation(j) for any injury done to his inheritance.

84. By the Irish Statute(k) 11 Anne, c. 2, s. 6, it is enacted, that every person who shall take any assignment of all the residue of any term for life or lives, or for years, shall be liable to all the covenants whereunto the lessees were liable, by virtue of their leases. By this Act, the privity of contract existing between lessor and lessee, is transferred to the assignee() of the lessee, and enables the lessor to maintain an action upon any covenant running with the land, for a breach committed by such assignee during his enjoyment of the property, although the assignee parted with his whole interest in the lease, and destroyed any privity of estate before action brought. This Statute, by transferring the privity of contract, has also the effect(m) of rendering actions against assignees of the lessee's estate, for breaches of covenants running with the land, transitory, instead of being local as in England. It has, however, been settled, that the assignee(n) of a lessee, by the common law, is answerable for a breach of covenant running with the land, committed during his enjoyment of the demised premises, though the action be not commenced until after the estate has been transferred by the assignee to another person.

85. An assignee of the reversion of demised premises can only maintain an action for breach of covenant committed during his own

(f) Twynam v. Pickard, 2 B. & Ald. 105.

(g) 10 Car. I. Sess. 2, c. 4, Irish; 32 Hen. VIII. c. 34, English.

(h) Co. Litt. 215, A.; Attoe v. Heming, 2 Bulst. 281; 1 Ro. Rep. 80.

(i) Evelyn v. Raddish, Holt's N. P. C. 543, note.

(j) Bedingfield v. Onslow, 3 Lev. 209; Jesser v. Gifford, 4 Burr. 2141.

(k) 11 Anne, c. 2, s. 6, Irish; there

is no corresponding English enactment.

(1) Grogan v. Magan, Alc. & Nap. 366; Lord Egremont v. Kean, Exch. Hil. 1837, MSS.; 2 Jones, 307.

(m) A similar Statute in the State of New York has received the same construction; Norman v. Wells, 17 Wendell's Amer. Rep. 136.

(n) Harley v. King, 2 Cro. M. & Rosc. 18; 5 Tyrw. 692, S. C.

ership, for if the covenant be merely to perform a single act, which, not being done, is broken (o) once for all, before assignment made, an action will not lie at the suit of the assignee for such breach, but if the covenant be broken before the assignment, and there is a continuing(p) breach after assignment, the assignee of the reversion is entitled to recover damages. Hence, rent becoming due prior to the assignment(q) of the reversion of demised premises does not pass to the assignee; but the owner of the reversion at the time when such rent accrued, though he has parted(r) with the estate, may sue the lessee for rent which fell due before his assignment. A lessor, after assigning his reversion in demised premises, cannot sustain an action for breach of covenant occurring(s) subsequently to such grant, unless the covenant be collateral, and do not run with the land.

86. An action does not lie against the assignee of lessee for breaches committed, or incurred before he became assignee: a lessee having covenanted to rebuild a house within a limited time(t), assigned the premises after the period had expired, without having built according to the covenant, and it was ruled by Holt, C. J., that the covenant should not bind the assignee, as it had been broken before the assignment, but that the assignee would have been liable, if the assignment had been made before the prescribed time had expired. It is laid down in Bacon's Abridgement(u), that an assignee who assigns over, is liable, and shall pay the rent which incurred due before and during his enjoyment, but no authority is cited to shew that the assignee can be made answerable for an arrear of rent which was due at the time of his becoming assignee. If a lessee be restrained from assigning only by covenant, an assignment by the lessee(v), though a breach of the covenant, is not void.

87. The assignee of leasehold premises is only liable to covenants in the lease by reason of his privity of estate, and his liability subsists so long as the privity of estate continues, and no longer: he may,

(0) Lewes v. Ridge, Cro. Eliz. 863; Anon. 3 Leon. 51, case 72; Canham v. Rust, 8 Taunt. 227; 2 Moore, 164, S. C.; Kingdon v. Nottle, 1 M. & Selw. 355; Com. Dig. Covenant, B. 3; Johnson v. Churchwardens of St. Peter, 4 Ad. & Ell. 520; 6 Nev. & M. 106.

(p) Mascall's case, Moor. 242; 1 Leon. 62; Doe dem. Ambler v. Woodbridge, 9 B. & Cr. 376; 4 Mann. & Ry. 302.

(9) Flight r. Bentley, 7 Simons, 149; Cooper v. Robinson, 10 Mees. & W. 694.

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therefore, whenever he pleases, assign over his interest, and as soon as he divests himself of the character of assignee(w), he will be discharged from liability for rent subsequently accruing due, or from breaches of covenant subsequently committed. An assignment to a prisoner(x) in confinement for debt, or to an insolvent debtor(y), will not be deemed fraudulent, where the object sought to be attained is to relieve the party assigning from further responsibility, even though such assignee should not enter into possession (z), or accept the assignment. An assignment to a fictitious person, or non-entity, will, however, be treated as a nullity, and if the assignor retain(a) possession, or continue in receipt of the rents and profits, the assignment will be regarded as colourable and fraudulent by a court of law.

In an action of covenant for non-payment of rent by the administratrix of Bartholomew Warburton, upon a lease made by the intestate to G. Keogh and T. Keogh, against George Ivie and William Hughes, as assignees of the estate and interest of the lessees(b), the defendant, George Ivie, pleaded that before any part of the rent claimed became due, and after he and William Hughes became assignees of the demised premises, the defendant William Hughes assigned his undivided moiety thereof to one Henry Ivie, and upon demurrer the Court held that the plea was an answer to the action, because the contract of an assignee of a tenant's interest is only that he shall be liable for rent so long as he continues assignee, and his liability ceases upon assignment over, and the action being founded on contract, judgement could not be given in favour of one defendant, and against his co-defendant.

88. Courts of Equity have, in some instances(c), interposed to relieve a landlord against a fraudulent assignment of a lease, as where an assignor, after assignment, retained possession, or where the assignee acted merely as the assignor's agent, but if an assignee make a bonâ fide assignment of the lease, although a premium be paid(d) to a person confined in prison for accepting the assignment, the assignor

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