PRECEDENT BANKRUPT'S of the said A. B. in pursuance of such order, with the said C. D., for the sale to him for £— [and subject to a mortgage for £— to G. H.] of the copyhold property mentioned in the said order, being a close of arable land, &c. [description taken from the contract], And upon the said E. F. by the said [counsel or attorney] admitting the receipt by him the said E. F. from the said C. D. of the said purchase money of £, together with the further sum of £ for interest pursuant to the said contract, making altogether the sum of £, and consenting hereto. THIS COURT by virtue and in pursuance of the 114th section of the above-mentioned Act DOTH CONFIRM the said sale, and DOTH ORDER that the said close of Copyholds sold with freeholds or leaseholds Covenants for title on sale of copyholds. Bankrupt's entailed copyholds. When a bankrupt's copyholds are sold with his freeholds or leaseholds, there must be the usual conveyance by deed of the freeholds or leaseholds, and a vesting order of the copyholds, and the purchase money must be apportioned: see supra, pp. 353, n. (b); 413. The deed of conveyance may be made either to precede or follow the vesting order-the latter being the preferable course. The deed, if it precede the order, will contain the suitable recitals in Precedents LXI. and LXIII., and a recital of the intention to obtain a vesting order under the provisions of the Bankruptcy Act, 1861, and of the apportionment of the purchase-money, followed by an operative part conveying the freeholds or leaseholds, and a covenant against incumbrances by the assignees extending to the copyholds as well as the freeholds or leaseholds, and covenants for title to the freeholds or leaseholds, and copyholds by the bankrupt (see supra, pp. 409, 413) if he will give them. The deed, where it follows the vesting order, will contain a recital of the order corresponding with the recital of the surrender in Precedent XXXI., supra, p. 328, and a conveyance of the freeholds or leaseholds, and covenants against incumbrances by the assignees, and for title by the bankrupt as in the former case. In the case of copyholds, since a purchaser may and should always protect himself against incumbrances and dealings with land by searching the rolls, covenants by the assignees and bankrupt are of little, if any, value; and may be dispensed with where the copyholds are sold alone. The powers of barring a bankrupt's estates tail referred to, supra, p. 455, n., extend to entails of copyholds; but by the Fines and Recoveries Act, 3 & 4 Wm. 4, c. 74, s. 57, the deed disposing of the lands entailed-under the B. A., 1861, the vesting order-must copyhold land contracted to be sold to the said C. D. as is hereinbefore mentioned do vest in the said C. D. for such estate and interest as the said A. B. at the adjudication in this matter had or now hath therein. PRECEDENT LXII. BANKRUPT'S LXIII. ASSIGNMENT of a LEASEHOLD by the ASSIGNEES of a PRECEDENT BANKRUPT'S LEASEHOLD. THIS INDENTURE, made, &c., between A. B., of &c., be entered on the rolls of the manor, and if there shall be a protector who shall consent to the disposition of the lands, he must give his consent by a distinct deed. The Fines and Recoveries Act provided that the consent should be void unless the deed were executed by the protector on or before the day on which the deed of disposition was executed by the Commissioners, and under the present practice the vesting order must take the place of the deed of disposition. The deed of consent must be entered on the rolls, and the lord must indorse on the deed a memorandum of its inrolment. The vesting order must be entered on the court rolls within six months after its date: see Honywood v. Foster, 30 Beav. 1; Gibbons v. Snape, 2 N. R. 563. As to the power of the assignees to bar an entail which by custom can be barred only when in possession, see Johnson v. Shirley, 17 Beav. 223. (a) The assignees of a bankrupt are not bound to accept his leaseholds, and if the lease is of no value it is their duty to decline it. They may keep possession of the premises up to some quarterly or half-yearly day on which rent is made payable by the lease or agreement for a lease, such day not being more than six months from the adjudication of bankruptcy, and on such day may accept or decline the lease or agreement, B. A., 1861, s. 131. Consequently, a bankrupt's interest in his leaseholds is not wholly devested till his assignees have made their election, and in the interval he remains personally liable to the lessor for the rent and covenants. Bankrupt's assignees entitled to option of taking or declining his leases. PRECEDENT BANKRUPT'S the first part; G. H., of &c. [bankrupt], of the second part, and I. K., of, &c. [purchaser], of the third part: Assignees must accept or decline the lease. Liability of assignees if they accept. The official assignee cannot bind the creditors' assignee by accepting or rejecting a lease: Turner v. Nicholls, 16 Sim. 565. Neither the assignees, nor any purchaser from them, may take crops or manure from a farm held by a bankrupt engaged in husbandry, in any other way than the bankrupt himself could have done: B. L. C. Act, s. 144; but in no other instance are the assignees bound by the covenants or agreements, express or implied, of the bankrupt with respect to such takings, unless they elect to accept the term. If the assignees elect to take the lease the bankrupt is not liable to any rent accruing after adjudication, nor can he be sued in respect of any subsequent breach of covenant: nor if they decline to take the same, will he be liable, if, within fourteen days after he shall have had notice that they have declined, he shall deliver up the lease to the person then entitled to the rent. If the assignees do not, upon being required, elect whether they will accept or decline the lease, the lessor may apply to the Court, and the Court may order them to elect, and deliver up the lease, in case they decline the same, and the possession of the premises: s. 145. A parol lease is within the section, an offer to deliver possession being equivalent to a delivery of the lease: Slack v. Sharp, 8 Ad. & E. 366; Ex parte Hopton, 2 M. D. & De G. 347. But see Brigg v. Sowry, 8 M. & W. 729. A lessor is entitled to an order on the assignees to elect whether they will accept or decline a lease, notwithstanding the lease may be in the hands of a third person, with whom it was deposited by the bankrupt by way of equitable mortgage: Ex parte Vardy, 3 M. D. & De G. 312; Ex parte Hanbury, 12 L. J., Bank., 43. The assignees accepting the lease are liable for the rent due since their acceptance: Magnay v. Edwards, 13 C. B. 479; Wakefield v. Brown, 9 Q. B. 209. The statute operates only as a personal discharge of the bankrupt; and therefore the bankruptcy of the assignee of a lease does not discharge the lessee from his personal covenant: Manning v. Flight, 3 B. & Ad. 211. Nor does the discharge of the lessee operate as a discharge of a surety: Tuck v. Fyson, 6 Bing. 321; S. C., 3 M. & P. 715; Inglis v. Macdougall, 1 J. B. Moore, 196. The covenants, from the performance of which a bankrupt is relieved by s. 145 of the B. L. C. Act, are only those in the lease or agreement under which he holds: he remains liable to any undertak PRECEDENT LXIII. BANKRUPT'S 2. Recital of [Recital of lease to G. H., supra, p. 362-Bankruptcy and appointment of assignees of G. H., supra, p. 455]: And WHEREAS the said A. B., C. D., and E. F., have agreed to sell the said premises comprised in the hereinbefore recited indenture of lease to the said I. K., for the residue of the said term of years at the price of £-: AND WHEREAS 3.-bankrupt the said G. H. has agreed to join in these presents in man- agrees to join ner hereinafter appearing: NOW THIS INDENTURE 4. Witnesseth: WITNESSETH, that, for effectuating the said sale, and in consideration of the sum of £ sale; in conveyance. upon the execution consideration, of these presents paid by the said I. K. to the said A. B., C. D., and E. F. (the receipt and payment in manner receipt, aforesaid, of which said sum of £, the said A. B., C. D., E. F., and G. H., hereby respectively acknowledge,) They the said A. B., C. D., and E. F. do and each of them doth hereby assign, and he the said G. H. doth hereby assignment, assign and confirm unto the said I. K., his executors, administrators, and assigns, ALL THOSE the said hereditaments and premises by the hereinbefore recited parcels : ing respecting the premises which he may enter into subsequently to the lease or agreement, notwithstanding he may deliver up possession to the landlord: Maples v. Pepper, 18 C. B. 177; and the damages resulting from the breach of such an undertaking by the bankrupt that he will at the end of the term restore a house, which has been altered by him, to its original state, do not constitute a liability to pay money upon a contingency, within the meaning of the 178th sect. Ib. What amounts to an election by the assignees to accept the lease, is a question which has given rise to much litigation. If they take possession of the premises, or deal with them as owners, or absolutely sell the lease, they will be deemed to have accepted it: Thomas v. Pemberton, 7 Taunt. 206; Hanson v. Stevenson, 1 B. & Ald. 303; Hastings v. Wilson, Holt's Rep. 290; Ansell v. Robson, 3 C. & J. 610; Page v. Godden, 2 Stark. 309. But they will not be deemed to have accepted the lease by having What is not an put it up for sale by auction, without stating themselves to be the acceptance. owners, in order to ascertain its value: Turner v. Richardson 7, East, 335; or by retaining the key, or paying rent to avoid a distress: Wheeler v. Bramah, 3 Camp. 340; or by releasing an undertenant: Hill v. Dobie, 8 Taunt. 325; S. C., 2 J. B. Moore, 342. PRECEDENT BANKRUPT'S 5. Habendum: Consequences of rejection. Assignees, having accepted a burdensome lease, must assign it. Purchaser of a lease from assignees of a bankrupt does not enter into covenants. indenture of lease expressed to be demised, with their rights, easements, and appurtenances [Estate Clause, supra, p. 208]; TO HAVE AND TO HOLD all the said premises hereinbefore expressed to be hereby assigned UNTO the said I. K., his executors, administrators, and assigns, for the residue of the said term of years, at the rent reserved by and subject to the covenants by the lessee and conditions contained in the said indenture of lease, and henceforth to be performed and observed [Several covenants by A. B., C. D., and E. F., with I. K., his executors, administrators, and assigns, against incumbrances, supra, p. 269, using assign instead of grant.— Usual vendor's covenants for title by G. H. with I. K., supra, p. 363; omit the covenant by purchaser to pay rent and perform covenants] (b). IN WITNESS, &c. If the assignees decline the lease, the term is considered to have determined, and the rights of all parties under the covenants are governed by that consideration: Ex parte Maundrell, 2 Madd. 315; S. C., Buck. 83; Ex parte Nixon, 1 Rose, 145; Ex parte Whittington, Buck, 87; and the assignees cannot enforce any of the lessor's covenants: thus, they cannot oblige him to take the fixtures at a valuation: Kearsey v. Carstairs, 2 B. & Ad. 716; or to deduct from the rent money laid out on the premises which he had agreed to allow the lessee: Ex parte Ladd, 3 Dea. & C. 647. Should the assignees accept a lease, and find it burdensome, it is their duty to assign it, and, if necessary, to a pauper, in order to escape from further liability: Onslow v. Corrie, 2 Madd. 330; Fagg v. Dobie, 3 Y. & C. 96; Wolveridge v. Steward, 1 Cr. & M. 644 ; Rowley v. Adams, 4 My. & Cr. 534; and if the bankrupt should become their assignee, he will be liable only as such, and not as the original lessee: Doe v. Smith, 5 Taunt. 795. But if the assignee in bankruptcy should be the landlord himself, he cannot resume possession and re-let, except for the benefit of the creditors: Ex parte Wright, 2 Rose, 244. See, too, Ex parte Warwick, Buck, 326. (b) It will be observed, that the purchaser does not in the present instance covenant to indemnify the vendor against the rent and covenants. For the assignees are not themselves liable in respect of the rent or covenants after they have assigned the lease, and are therefore not entitled to call upon the assignee for an indemnity: Wilkins v. Fry, 1 Mer. 244. The bankrupt is expressly released from liability if the assignees accept the lease: B. L. C. Act, s. 145, |