the said [lessee], and that these presents shall not be assigned or otherwise disposed of to any person or persons without the consent of the said [lessor] in writing first had and obtained for that purpose. AND that if any difference shall arise relative to the true construction of these presents, the same shall be referred to arbitration and the reference be made a rule of Court. IN WITNESS, &c.

BE IT ENACTED that on the

day of

[insert date], [name of lord] of [his residence and title], lord of the said manor out of Court, by his steward duly authorized on that behalf, granted leave unto [name of copyholder] of [residence and calling], one of the customary tenants of the said manor, to demise and let ALL, &c. [parcels], unto any person or persons whomsoever, willing to take the same or any part thereof, for the term of [state time], commencing from the day of the date of such demise or demises respectively, saving unto the lord, his heirs and assigns, all 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 upon the said premises or any part thereof, and to seize, distrain and take

(1) This agreement is under hand only, and not seal; the Precedent, No. 14, is a preferable mode,

and not much more expensive, indeed less so if an actual lease is executed.

any distress or lawful remedy for recovery thereof, as freely as if the license had not been given; AND for this license the said [copyholder]; hath given unto the said lord, the sum of [amount], being the amount of [number] pence for each year of the said term. IN WITNESS, &c.

Steward's Signature.

No. 68.

LICENSE from a lessor to lessee for assignment of lease.

KNOW ALL MEN, that I [name] of [residence and calling], Do hereby license, authorize and empower [name of lessee] of [residence, &c.], to assign the messuage or tenement and premises comprised in, and demised by a certain indenture of lease and surrender (as may be), dated respectively the day of [insert date], with the appurtenances, unto [name of assignee] of [residence and calling], his executors, administrators and assigns henceforth, for the residue of the term of [state number] years, created by the said indenture and surrender (as may be), subject to the rents and covenants reserved and contained therein, and which on the lessees' or tenants' part, are to be paid, observed and performed. PROVIDED, NEVERTHELESS, that this license shall not be construed to give permission to the said [assignee], to make any further assignment, underlease, or disposition of the said premises or any part thereof, without the like license and consent of the said [lessor], his heirs, executors, administrators or assigns, first had and obtained for that purpose. IN WITNESS. Signature of Lessor.

To be signed and attested.

No. 69.

LICENSE from a lessor to lessee, permitting departure from restriction against carrying on noxious trades.

KNOW ALL MEN, that I [name] of residence and calling], Do hereby give full license and liberty unto [name of lessee] of [residence and calling], to use, exercise and carry on upon the messuage tenement and premises, demised unto him by an indenture of lease and surrender (if so), bearing date respectively, the — day of [insert date], the trade or business of [state same], and for that purpose, if he shall think proper to convert the same into a shop for the sale of all goods and merchandise, incident to the said business of [state same], upon this express condition that the said [lessee] shall leave the said premises in such state of repair at the end of the said demise, 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 used for the trade hereby permitted. As WITNESS.

To be signed and attested: An agreement stamp will attach to each of the above licenses.

188

CHAPTER XI.

PARTITION.

By the third section of the late "Act to Amend the Law of Real Property" (a), exception is made to copyholds in the requisition of a deed for the assurances therein mentioned. It is a consequence that a partition of copyholds remains unaffected and practicable as heretofore. The general writ of partition (b) was founded upon the common law provision, which by a precept adapted to the purpose, authorized the sheriff to ascertain by the verdict of a jury, the shares of each claimant and to assign such accordingly; this precept was then returned to the Court whence issued, and the partition ratified (c): the writ of partition is now however rendered obsolete (d), and the Court of Chancery alone open to suits for partition (e). Copyholds did not form the subject of litigation under either the above mentioned writ of partition, or the jurisdiction of a Court of Equity (ƒ), and were therefore only divisible by agreement of the parties; and it has been held that to effect even an amicable partition of copyholds, required the license of the lord of the particular manor, wherein such were situate (g). A voluntary act of partition may and

indeed is, at this day, the most usual and advisable mode of creating estates of severalty, as well in copyholds as other tenures, yet by a late statute there does exist a compulsory process, optionally feasible and inclusive of copyholds (h). It simply remains to be inquired what estates are capable of divisibility or partition: joint tenants, tenants in common and coparceners, may all either adopt or compel partition in equity as before mentioned; should any of the parties however be infants, the only expedient is by a special private act of Parliament (). Property either in possession or reversion is capable of partition (k), but in copyholds it will seldom be wished to divide the latter description of estate, unless it may happen that the deferred period of enjoyment may impede the disposition of the particular share, still even so, the right is disposable by will (7), or by deed if necessary to be adopted ;the result of such a partition would obviate future disputes, and might be very proper in some family transactions; suffice it to state that the same is very practicable when ever advisable; in a joint tenancy partition must of course be made to prevent the right of survivorship. A partition then, is where two or more joint tenants, tenants in common or coparceners make division of their estate, and this is effected in copyholds by an agreement or a deed of covenants, or more conclusively by mutual surrenders to the use of the several parties in the specified shares, or allotments agreed upon, or by recourse to equity. Although, as observed in the commencement of this chapter, a deed is not indispensable to a partition of copyholds, yet it is not to be inferred that the adoption of a parol division should prevail, neither can the equitable interest as more fully partitioned by a deed of covenants be advised; the more proper

(h) 4 & 5 Vict. c. 35, s. 85. (i) The act 11 Geo. 4 & 1 Wm. 4, c. 60, s. 18, does not reach the partition of copyholds.

(k) Co. Litt. 161; Fearne, P. Wks. 243.

(7) 1 Vict. c. 26, s. 4.