Parcels.

ment, and in consideration, &c. [the receipt, &c.], HE the said A. B. doth hereby surrender unto the said C. D., and his heirs, ALL and singular the hereditaments and premises comprised in and demised by the said indenture of lease, and all and singular the appurtenances thereunto belonging; AND all the estate, right, title, interest, claim and demand whatsoever, both at law and in equity, of him the said A. B. in, to, out of, or upon the premises, to the intent that the residue of the said term of years created by the said indenture of lease, and all other the estate and interest of the said A. B. in the said premises under or by virtue of the said indenture, may be merged and for ever extinguished in the reversion and inheritance of the Covenants same premises. AND the said A. B. DOTH hereby by lessee for himself, his heirs, executors and administrators covenant with the said C. D., his heirs and assigns, that notwithstanding any act, deed or thing done or executed, or knowingly suffered by the said A. B., the said A. B. now hath good right to for right to surrender the hereditaments and premises hereby surrendered or expressed so to be, unto and to the use of the said C. D., his heirs and assigns in manner aforesaid; AND that the said C. D., his heirs and assigns shall and may at all times hereafter peaceably and quietly possess and enjoy the said hereditaments and premises, and receive the rents and profits thereof without any lawful eviction, interruption, claim or demand whatsoever from or by the said A. B., or any person or persons lawfully or equitably claiming from, under,

surrender;

for quiet enjoyment;

incum

further as

or in trust for them or any of them, AND that free free from from all incumbrance whatsoever made or suffered brance, by the said A. B., or any person or persons lawfully or equitably claiming as aforesaid; AND and for further, that he the said A. B., and all persons surance. having, or lawfully or equitably claiming, any estate or interest in the said hereditaments and premises, or any of them, or any part thereof, from, under, or in trust for the said A. B., shall and will from time to time, and at all times hereafter, at the request and cost of the said C. D., his heirs or assigns do and execute, or cause to be done and executed, all such acts, deeds and things whatsoever, for further and more perfectly assuring and surrendering the said hereditaments and premises and every part thereof unto and to the use of the said C. D., his heirs and assigns in manner aforesaid as shall or may be reasonably required (b).

IN WITNESS, &c.

(6) A surrender will not avoid or prejudice an underlease. Mellor v. Watkins, L. R., 9 Q. B. 400. As to a disclaimer under the Bankruptcy Act, see ante, p. 108.

Parties.

mesne

assignments by original lessee,

and of assignment to C. D.

VI.

SURRENDER of LEASE by INDORSEMENT by As-
SIGNEE of ORIGINAL LESSEE to ASSIGNEE of
ORIGINAL LESSOR.

THIS INDENTURE, made the

18—, BETWEEN C. D., of

day of

&c., of the

one part [assignee of original lessee], and A. B., of &c. [assignee of original lessor], of the other Recital of part. WHEREAS by virtue of divers assignments and acts in the law, and ultimately by an indenture dated the day of, 18—, made between E. F. of the one part, and the said C. D. of the other part, the messuage or tenement and all other the premises demised by the withinwritten indenture were assigned to and are now vested in the said C. D. for all the residue of the Recital of term granted by the within indenture. AND signments WHEREAS by divers mesne conveyances and acts in the law, and ultimately by an indenture dated the day of 18-, made between G. H. of and of the one part, and the said A. B. of the other part, assignment the reversion and inheritance of and in the pre

mesne as

by lessor,

to A. B.,

mises demised by the within indenture immediately expectant on the term thereby granted became vested in the said A. B., his heirs and assigns. AND WHEREAS the said C. D. hath conagreement tracted with the said A. B. to surrender to him render. the said premises in manner hereinafter mentioned:

and of

for sur

NOW THIS INDENTURE WITNESSETH, that in con- Testatum. sideration of the said agreement, and of &c. [state consideration], he the said C. D. doth by these presents surrender and yield up unto the said A. B. the messuage or tenement and all other the premises demised by the within indenture, or intended so to be, with their rights, members, and appurtenances, to the intent that the residue of the term of years granted by the within indenture may forthwith be extinguished and merged in the reversion and inheritance of and in the said premises; AND the said C. D. doth hereby for Covenant himself, his heirs, executors and administrators deror covenant with the said A. B., his heirs and assigns, against that he the said C. D. hath not at any time here- brances. tofore done, or knowingly permitted or suffered any act, deed or thing whereby or by means whereof the said premises are or may be charged, incumbered, or prejudicially affected, or whereby the said C. D. can be in any manner hindered or prevented from surrendering the same in manner aforesaid.

[Add covenants for right to surrender, quiet enjoyment, free from incumbrance, and for further assurance, ante, p. 190.]

IN WITNESS, &c/

by surren

incum

A.

Recital of lease.

Licence must be under seal.

VII.

LICENCE by LESSOR to assign LEASE. WHEREAS by indenture of lease, dated the day of 18—, made BETWEEN the undersigned A. B. of the one part, and C. D. of the other part, the said A. B. did demise certain premises, situate in the parish of - in the county of, for the term and at the yearly rent therein mentioned, AND in which said indenture the said C. D. covenanted that he would not assign, demise, underlet, or otherwise part with the possession of the said demised premises or any part thereof without the licence or consent in writing of the said A. B., his executors, administrators, or assigns first had and obtained: Now the said A. B. [here state consideration if any] doth hereby give full liberty and licence unto the said C. D. to assign the said lease and all his estate and interest therein unto E. F., of &c. (a).

IN WITNESS, &c.

(a) Other forms of licence may easily be constructed by altering the precedent. See ante, pp. 25 and 58, as to the covenant not to assign.

Acceptance of rent by a landlord with knowledge of a breach of covenant operates as a forgiveness of that breach; and see ante, p. 58, as to when a licence can be presumed. A licence to be effectual at law must be under seal, equity however will restrain a landlord from taking advantage of the breach if he has given his consent to such breach by parol; licences therefore are usually not under seal. See also Mills v. Griffith, 45 L. J., Q. B. 771.

As to a revocable licence sec Mellor v. Watkins, L. R., 9 Q. B. 400.

It is the duty of the lessee, and not of the assignee, to procure the licence. Lloyd v. Crispe, 5 Taunt. 249.