enforced against any property of the lunatic in the same way as a judgment of the county court (z).

Where a lunatic, who is a pauper and maintained at the expense of the guardians, becomes entitled to the estate and effects, or part thereof, of a sane person who has died intestate, the guardians can, generally, obtain an order from the justices to seize and sell the property of the lunatic; and may subsequently apply for and obtain a grant of administration to their clerk for the use and benefit of the pauper lunatic, citing his next of kin. The Court can make the grant thus prayed for under the powers conferred by the Probate Act, 1858, for the use and benefit of the lunatic, and limited to the period of lunacy, requiring an inventory, and that the sureties should justify (a).

By the Rules in Lunacy made in 1892, provision is made whereby the masters may order maintenance of a person of unsound mind not so found. Where, pending the appointment of a person to exercise, in relation to the property of any person of unsound mind not so found by inquisition, any of the powers of a committee of the estate, it appears to the masters desirable to make temporary provision for the maintenance, &c. of the lunatic or of any member of his family, out of any cash or available securities belonging to him in the hands of his bankers or of any other person, the masters may authorise by certificate such banker, &c. to pay to the person to be named in such certificate such sum as they certify to be proper (b).

And in all cases not otherwise specially provided for

() 53 & 54 Vict. c. 5, s. 300. And cp. 299.

(a) 12 & 13 Vict. c. 103, s. 16; 20 & 21 Vict. c. 71, s. 73; Guardians of Mile End Old Town v. Findlay, 3 Sw. & Tr. 265; 9 L. T. N. S. 346; 9 Jur. N. S. 1253; Southwell v. Findlay, 33 L. J. P. & M. 21; 27 J. P. 760; In the Goods of Eccles, 15 P. D. 1;

61 L. T. N. S. 652; 54 J. P. 55; In the Goods of Everley, [1892] P. 50; 61 L. J. P. & D. 53; 65 L. T. 765; Re Slumbers, 4 Sw. & Tr. 32; 34 L. J. P. & M. 93; 12 L. T. N. S. 582. And see Archbold's Lunacy, pp. 415,

416.

(6) Rules in Lunacy [1892],

r. 54.

by the rules, the provisions of the rules relating to lunatics so found by inquisition, and the other general provisions of these rules, shall apply to applications relating to the property of persons of unsound mind not so found by inquisition (c): and to the property of persons who, though not lunatic, are incapable through disease or age of managing their affairs (d).

For further and fuller information upon this branch of law the reader is referred to Archbold's Lunacy (e), and to Elmer's Lunacy Practice (ƒ).

It may here be observed, however, that a lunatic cannot commit an act of bankruptcy (g).

But bankruptcy proceedings will not be stayed solely on the ground that the bankrupt after adjudication has become insane (h). A committee of the estate of a lunatic so found may, however, obtain leave to consent to an adjudication in bankruptcy against the lunatic (i); or to file, in the name of the lunatic, a declaration of his inability to pay his debts; or to present a bankruptcy petition against the lunatic in his own name (j).

(V.) TRANSFER IN RESPECT OF PAUPERS, &c.

Where any pauper shall have in his possession or belonging to him any money or valuable security for money, the guardians of the union or parish within which such pauper is chargeable may take and appropriate so much of such money or the produce of such security, or recover the same as a debt before any local

(c) Rules in Lunacy [1892],

r. 55.

(d) Id. r. 56.

(e) 4th Ed. [1895].

(ƒ) 7th Ed. [1892].

(g) Ex parte Stamp, 1 De G. 345.

(h) Anon., 13 Ves. Jun. 590.

See also Ex parte Cahen, 10 Ch. D. 183; 27 W. R. 387; 39 L. T. N. S. 645.

(i) Re Lee, 23 Ch. D. 216; 48 L. T. N. S. 193; 31 W. R. 802.

(j) Re James, 12 Q. B. D. 332; 53 L. J. Q. B. 575; 50 L. T. N. S. 471; In re Farnham, (1895) 2 Ch. 799, and cases there cited.

court, as will reimburse the said guardians for the amount expended by them, whether on behalf of the common fund or of any parish, in the relief of such pauper, during the period of twelve months prior to such taking and appropriation, or prior to such proceeding for the recovery thereof (as the case may be): and in the event of the death of any pauper having in his possession or belonging to him any money or property, the guardians of the union or parish wherein such pauper shall die may reimburse themselves the expenses incurred by them in and about the burial of such pauper, and in and about the maintenance of such pauper, at any time during the twelve months previous to the decease (k).

(VI.) OTHER MODES: WHEN COUPLED with an InteREST; ESTOPPEL, LEAse and Release, and Fine.

Contingent rights and interests were not ordinarily assignable at law; and yet they might sometimes be assigned at law if coupled with a present interest (1). It has been said the law allows releases of rights which are in the nature only of possibilities, that a man may release to him who has the possession a possible right only, though it does not allow him to transfer or convey away to a stranger such a right; and that is why the law allows a man to release an executory interest in a term which he has devised to him, and is in the nature only of a possibility; but yet he cannot assign it away to a third person, though he may release this right to the possessor of the land by way of extinguishment (m).

Again, at common law, covenants affecting leasehold interests in land are said to "run with the land and not

(k) Poor Law Amendment Act (12 & 13 Vict. c. 103), s. 16.

(7) Story, Eq. 688; Shep. Touch.

238, 239, 322; Com. Dig. Asst. A. (c. 3).

(m) Arthur v. Bokenham, 11 Mod. 152.

with the reversion." In other words, such covenants pass to the assignee upon assignment of the lease, but not upon the assignment of the reversion.

It is not necessary that the covenantor should be possessed of any estate in the land, but that the covenantee should be clothed with some transferable interest therein, to which the covenant can be attached; otherwise it is only a personal covenant and does not run with the land (n).

Covenants in a lease which "touch and concern the thing demised" pass to the assignee of the lessee, whether they are expressed to have been made with the lessee" and his assigns" or not; such are covenants to repair, to leave in good repair, to deal with the land in a specified manner (o). But by 32 Hen. VIII. c. 34, the assignee of the reversion takes the benefit, and is subject to the liability of the covenants entered into with his assignor; these covenants must, however, concern the thing demised" in accordance with the rules governing covenants which run with the land. The Act only applies to lease under seal, but in the case of leases from year to year, payment and acceptance of rent is held to be evidence from which a jury may infer "a consent to go on, on the same terms as before" (p). If the covenant has not been for the covenantor and his assigns, and is to do with something not in existence at the time the lease is made, the assignee is not bound (q).

When the covenant extends to a thing in esse, parcel of the demise, the thing to be done by force of the covenant is in a manner annexed and appurtenant to the thing demised, and shall run with the land, and

52.

(n) Co. Litt. 385a.

(0) Spencer's Case, 1 Sm. L. C.

(p) Cornish v. Stubbs, L. R. 5 C. P. 339. And see Thomas v. Hayward, L. R. 4 Exch. 311; Clegg

v. Hands, 44 Ch. D. 503.

(9) Spencer's Case, 1 Sm. L. C. 52; Doughty v. Bowman, 11 Q. B. 444; 17 L. J. Q. B. 111. But see Minshull v. Oakes, 2 H. & N. 793; 27 L. J. Ex. 194.

shall bind the assignee, although he be not bound by express words (r).

The following covenants seem to run with the land so as to bind the assignee, whether of the reversion or of the term, although not named (s): a covenant to pay rent (f) or taxes, or to repair (u) or leave in repair (v) ; to maintain a sea-wall in esse (w); to repair, renew, and replace tenant's fixtures and machinery fixed to the premises (x); not to plough (y); to use the land in a husbandlike manner (≈); to lay dung on the demised land annually (a); to reside on the demised premises during the term (6); to permit the lessor to have access to two rooms excepted from the demise (c); to carry all the corn produced on the demised land to the lessor's mill to be ground (d); to leave the land as well stocked with game at the end of the term as it was found to be at the beginning of it (e); to supply demised houses with good water (ƒ); for quiet enjoyment (g); to produce title-deeds (h); to make further assurance (i); to renew the lease (j); to endeavour to procure a renewal

(t) Parker v. Webb, 3 Salk. 5. (u) Dean & C. of Windsor's Case, Co. Pt. V. 24; Conan v. Kemise, W. Jon. 245; Smith v. Arnold, 3 Salk. 4; Martyn v. Clue, 18 Q. B. R. 661.

(v) Vin. Abr. Covenant (K. 19); Doe d. Strode v. Seaton, 2 C. M. & R. 730; Martyn v. Clue, supra.

(w) Morland v. Cook, L. R. 6 Eq. 252; 37 L. J. Ch. 825.

(x) Williams v. Earl, L. R. 3 Q. B. 739; 37 L. J. Q. B. 231. (y) Cockson v. Cock, Cro. Jac. 125. (z) Walsh v. Watson, Esp. N. P.

295.

(a) Walsh v. Davis, MS. M. T. 42 Geo. III.

(b) Tatem v. Chaplin, 2 H. Bl. 133; 3 R. R. 360.

(c) Cole's Case, 1 Salk. 196; S. C. sub nom. Bush v. Coles, 1 Show. (2nd Ed.) 389; Carth. 232.

(d) Vyvyan v. Arthur, 1 B. & C. 410; 2 D. & R. 670; 1 L. J. K. B. 138; 25 R. R. 437. See Hemingway v. Fernandes, 13 Sim.

228.

(e) Hooper v. Clark, L. R. 2 Q. B. 200; 36 L. J. Q. B. 79; 16 L. T. 152; 15 W. R. 347.

(f) Jourdain v. Wilson, 4 B. & A. 266; 23 R. R. 268.

(g) Lewis v. Campbell, 8 Taunt. 715; 21 R. R. 516; Campbell v. Lewis, 3 B. & A. 392; 21 R. R. 520; Noke v. Awder, Cro. Eliz. 376, 436.

(h) Barclay v. Raine, 1 Sim. & Stu. 449; 24 R. R. 206.

(i) Middlemore v. Goodhall, Cro. Car. 503; Kingdon v. Nottle, 4 M. & S. 53; 14 R. R. 462; King v. Jones, 5 Taunt. 418; 4 M. & S. 188; 15 R. R. 533.

(j) Isteed v. Stoneley, 1 And. 82; Brooke v. Bulkeley, 2 Ves. Jun. 498; Roe v. Hayley, 12 East, 464; 11 R. R. 455.