coke Report119b DUMPORS case hill Elizabeth in the king bench SC Sm l c that  ed see Eyton v Jones l t davenport v the queen App Cas Scarf v Jardine App Cas  earl of Mexborough v Whitwood u d c Q b a condition in a lease that the lessee  or his assign shall not alien without the special licence of the lessor be  determine by a alienation by licence and no subsequent alienation be a breach  of the condition nor do it give a right of entry to the lessor a condition not  to alien without licence determine by licence of the lessor as to one of  several lessee be determine as to all so a condition not to alien without  licence determine by licence as to part of the land be determine as to the  residue per Popham CJ note a condition can be apportion by the act of the  party but it may be apportion by act of law or by act and wrong of the lessee  if there be a proviso in a indenture of lease not to alien without licence  except to one of the son of the lessee and the lessee die and his executor  assign the lease to one of the lessee son the son may alien to who he will  without licence the stat Elizabeth cap and Elizabeth cap be general law SC cro  Elizabeth Vid the entry   Ent nu in trespass between Dumpor and Symms upon the  general issue the juror give a special verdict to this effect the precedent  and scholar of the college of a contra per Watson and good reason for his  opinion wats note in serjeant hill copy coke report b er p corpus Christ in  Oxford make a lease for year in year Elizabeth of the land now in question to  one bold proviso that the lessee or his assign shall not alien the premise to  any person or person without the special licence of the lessors a and  afterward the lessorsby their deed year Eliz licence the lessee a accord to  Strickley v buller hob a general condition against alienation in a lease to  one and his assign will be void be repugnant to the grant but this be deny to  be law in Dennis v love hard and in Weatherall v jeer vesey the master of the  roll observe that there be no more repugnance in this proviso than in a estate  to a man and his heir with a subsequent restriction to heir of a particular  description the assign must be understand to be such as upon the whole take  together the lessee may lawful have videlicet assign with licence and upon  look into book of conveyance that appear to be the form in which these lease  be make videlicet to assign with a proviso that neither the lessee nor his  assign shall assign without licence condition and covenant to defeat lease be  construe strict to prevent the restraint from go beyond the express  stipulation Crusoe v Bugby black church v brown Ves a condition not to assign  transfer or set over or otherwise do or put away the lease or premise will not  prevent a underletting Crusoe v Bugby will SC black a covenant that the lessee  his executor or administrator will not assign without licence do not bind the  assignee do v smith taunt SC marsh and a proviso not to assign without licence  be extinguish by a licence to assign to a particular individual Brummell v  MPherson Ves in this last case the Lord chancellor Eldon observe though  Dumpors case always strike I as extraordinary it be the law of the land a  covenant not to underlet any part of the premise will not be break by take a  lodger do v lame camp and the mere act of advertise the premise for sale will  not amount to a breach of covenant not to assign without licence Gourlay v  duke of Somerset I v b so the deposit of the lease as a security for a debt be  not a breach of covenant not to assign without licence do v Bevan m S marriage  be no breach of the condition per brown I anon more the word assign in a  proviso against alienation be construe to mean voluntary assign as  contradistinguish from assign by operation of law do v Bevan ub sup a  condition give a right of reentry on assignment without consent do not prevent  the lease from pass by nor do it entitle the lessor to enter on the assignment  make by the commissioner of a bankrupt lessee gore v walker Eq can Abr unless  the term itself be make to continue and depend upon the personal occupation of  the lessee do v clarke east nor do it bind the assignee of the bankrupt a  assignment by who be no forfeiture do v Bevan ub sup and it seem that the  assignee may sell the lease although it be mere deposit as a security in the  hand of the bankrupt by the original lessee and that without the licence of  the lessor do v Bevan ub sup by Geo c a lessee become bankrupt be upon the  acceptance of the lease by the assignee discharge from the condition covenant  c in the lease since this Act it have be hold that where the lessee become  bankrupt and afterward come in as assignee of his assignee he be discharge  from a covenant restrain the lessee from alienate do v smith taunt SC marsh do  v carter t r but such execution must be good fide for if the tenant give a  warrant of attorney to a creditor for the express purpose of enable such  creditor to take the lease in execution this will be a fraud and a breach of  the covenant do v carter t r a assignment under the insolvent debtor Act be  hold to be a assignment not by law but by the act of the party she v hale Ves  where the term of the proviso be that the lessee his executor or administrator  shall not part with the premise without licence a voluntary assignment by the  executor or administrator without such licence will amount to a breach of the  proviso roe v Harrison t r if the lessee covenant that be his executor or  administrator shall not assign without licence except by his or their last  will and testament and the lessee make his will and die it seem that the  executor will coke report b er p to alien or demise the land or any part of it  to any person or person whoever and afterward year Elizabeth the lessee assign  the term to one tub who by his last will devise it to his son and by the same  will make his son executor and die the son enter general and the testator be  not indebt to any person and afterward the son die intestate and the ordinary  commit administration to one who assign the term to the defendant the  precedent and scholar by warrant of attorney enter for the condition break and  make a lease to the plaintiff for twentyone year who enter upon the defendant  who reenter upon which reentry this action of trespass be bring and that upon  the lease make to bold the yearly rend of S and d be reserve and upon the  lease to the plaintiff the yearly rend of S be only reserve and the juror pray  upon all this matter the advice and discretion of the court and upon this  verdict judgement be give be bind by the covenant and can sell the premise for  the payment of debt without the licence of the lessor Lloyd v crisp taunt it  have not be express decide whether executor be restrain from alienate where  the proviso in the lease do not name they accord to brown I in anon more and  Lord Thurlow in seer v hind Ves I it will seem that they be not in sir William  more be ease cro Elizabeth in which the condition be that the lessee his  executor or assign shall not alien without the assent of the lessor a  assignment without licence by the administrator of the lessee be hold to be a  breach and the reason assign be that he be a assignee in law Vid roe v  Harrison and the observation of Lord Ellenborough in do v Bevan ub sup accord  to Dumpor v Symms cro Elizabeth and berry v Taunton cro Elizabeth a devise be  a breach of covenant not to assign but in fox v swan style it be rule that a  devise be not a breach of a covenant not to assign and in do v Bevan ub sup  Bayley I observe that such have be the general impression in the mind of the  profession for a long series of year party may if they please stipulate by a  special proviso that the lease shall determine upon the bankruptcy of the  lessee do v Galliers t r or as it seem upon the lease be take in execution  against the tenant do v carter t r although a condition not to assign transfer  or set over be not break by a underlease yet a condition not to set let or  assign over the premise or any part thereof be break by the make a underlease  do v Harrison ub sup so also where the word of the proviso be shall not assign  or otherwise part with this indenture of lease or the premise hereby demise or  any part thereof do v Worsley camp n p c and a covenant not to let set or  demise without consent restrain assignment greenaway v Adam Ves and where a  lease contain a proviso that if the lessee his executor or administrator shall  demise lease grant or let the say premise or any part or parcel thereof or  convey alien or assign or set over the indenture c without the special licence  c and the lessee without licence agree with a person to enter into partnership  with he and that he shall have the use of certain part of the premise  exclusive and of the rest joint with the lessee and accord the lessee t he  into possession it be hold that the lessor may reenter roe v sale m S where  there be a proviso that the lessee shall not parcel out any of the land from  the house and the lessee demise the house and part of the land and reserve the  rest of the land to himself the condition be hold to be break marsh v Curteis  more SC and in order that consent or licence may entire discharge the  condition the consent or licence must be give conformable t the term of the  condition if it be require to be in write a parole licence will not be either  a present or future dispensation of the condition roe v Harrison ub sup macher  v the foundling hospital Ves beam but it be say that if such parole licence be  use as a snare and under circumstance which amount to fraud a court of equity  will give relief Richardson v Evan mad although general equity afford no  relief against forfeiture by breach of covenant not to assign without licence  hill v Barclay Ves a covenant be not dispense with by waiver of a forfeiture  but the lessor may take advantage of a subsequent breach do v bliss taunt coke  report a er p against the plaintiff and in this case diverse point be debate  and resolve first that the alienation by licence to tub have determine the  condition so that no alienation which he may afterward make can break the  proviso or give cause of entry to the lessors for the lessors can not dispense  with a alienation for one time and that the same coke Report120a estate shall  remain subject to the proviso after and although the proviso be that the  lessee or his assign shall not alien yet when the lessors licence the lessee  to alien they shall never defeat by force of the say proviso the term which be  absolute alien by their licence inasmuch as the assignee have the same term  which be assign by their assent so if the lessors dispense with one alienation  they thereby dispense with all alienation after for inasmuch as by force of  the lessors licence and of the lessee assignment the estate and interest of  tubb be absolute it be not possible that his assignee who have his estate and  interest shall be subject to the first condition and as the dispensation of  one alienation be the dispensation of all other so it be as to the person for  if the lessors dispense with one all the other be at liberty and therefore it  be adjudge Trin Elizabeth rot in Com banc inter Leeds a and Crompton that  where the Lord Stafford make a lease to three upon condition that they or any  of they shall not alien without the assent of the lessor and afterward one  alien by his assent and afterward the other two without licence and it be  adjudge that in this case the condition her determine as to one person by the  licence of the lessor be determine in all and b Popham chief justice deny the  case in Elizabeth dyer c that if a man lease land upon condition that he shall  not alien the land or any part of it without the assent of the lessor and  afterward he alien part with the assent of the lessor that he can alien the  residue without the assent of the lessor and conceive that be not law for he  say the condition can not be divide or d apportion by the act of the party and  in the same case as to parcel which be alien by the assent of the lessor the  condition be determine for although the lessee alien any part of the residue  the lessor shall not enter into the part alien by licence and therefore the  condition be determine in part be determine in all and therefore the chief  justice say he think the say case be false print for be hold clear that it be  not law notam reader Paschae Elizabeth rot in Com banc that where the lease be  make by deed indent for year of three e manor a b c render rend for a for b  for c to be pay in a place out of the land with a condition of reentry into  all the three manor for default of payment of the say rend or any of they and  afterward the lessor by deed indent and enrol bargain and sell the reversion  of one house and acre of land parcel of the manor of a to one and his heir and  afterward by another deed indent and enrol bargain and sell all the residue to  another and his heir and if the second bargainee shall enter for the condition  break or not be the question and it be adjudge coke Report120b that he shall  not enter for the f condition break because the condition be entire can not be  apportion by the act of the party but by the severance of part of the  reversion it be destroy in all b but it be agree that a condition may be g  apportion in two case by act in law c by act and wrong of the lessee by act in  a roll cro Elizabeth godb Nov Leon Bulstr b style c die pl cro Elizabeth style  more d   light a e dyer pl   b more f   light a cro James   b b the law be  otherwise of a covenant for it have be hold upon stat h c that covenant will  lie by the assignee of the reversion of part of the demise premise against the  lessee for not repair Twynam v Pickard b a g Bulstr   light a c where the  condition for reentry for nonpayment of rend be apportion by act of law the  just sum must be demand or else there shall be no reentry for condition which  defeat estate be to be take strict per coke CJ moody v Garnance Bulst note in  sergt hill copy Vid bliss v Collins b and a S dow Ry coke report a er p law as  if a man seize of two acre the one in fee and the other in a borough English  have issue two son and lease both acre for life or year render rend with  condition the lessor die in this case by this descent which be in act in the  law the reversion rend and condition be divide d by act and wrong of the  lessee as if the lessee make a feoff of part or commit waste b in part and the  lessor enter for the forfeiture or recover the place waste there the rend and  condition shall be apportion for none shall take advantage of his own wrong  and the lessor shall not be prejudice by the wrong of the lessee and the Lord  dyer then chief justice of the common plea in the same case say that be who  enter for a condition break ought to be in of the same estate which he have at  the time of t condition create and that he can have when he have depart with  the reversion of part and with that reason agree Litt b and vide Ph mark dyer  e where a proviso in a indenture of lease be that the lessee his executor or  assign shall not alien to any person without licence of the lessor but only to  one of the son of the lessee the lessee die his executor assign it over to one  of his son it be hold by Stamford and Catlin that the son may alien to who he  please without licence for the condition as to the son be determine which  agree with the resolution of the principal point in the case at bar e it be  resolve that the statute of Elizabeth cap and Elizabeth cap concern lease make  by dean and chapter college and other ecclesiastical person be d general law  whereof the court ought to take knowledge although they be not find by the  juror and so it be resolve between Claypole and carter in a writ of error in  the king bench