18 APPENMMX. 



efb.blifhed ; orto hunt, courfe, hawk, fet. fowl, or fifh, in upon or over the faid demited &quot; 

 mifes, or any part thereof, but fhall and will, when and as often as required by the-iaui 

 Andrew Atkins, his heirs or affigns, give notice in writing to all and every perfon and per- 

 Tons to keep off the faid demifed premifes, and not thereafter come into or be found upon the 

 fame or any part thereof. And againftfuch perfon and perfons or -any of them, who fhal&amp;gt;,. 

 after fuch notice, offend therein, to or for the intent or purpofe of making or ufing a new road 

 or path, or of hunting, courfing, hawking, fetting, fowling or fifhing, fhall and will at the 

 requeft, cofts and charges of the faid Andrew Atkins, his heirs or affigns, commence and 

 profecute one or more fuit or fuitS at law for the fame, and not delay, releafe, compound, or 

 difcontinue the fame, Or any of them without the confent of the faid Andrew Atkins, his heirs 

 and affigns ; and the damages which (hall be recovered thereby, fhall and will pay and apply 

 forand towards the cofts, charges, and expences of fuch fuit or fuits. And the faid Andrew 

 Atkins, for blmfelr, his heirs and affigns, doth hereby covenant,promife, and agree to and with 

 the faid Bartholomew Bell, his executors, axdminiftrators, and affigns, in manner and form 

 following, viz. That he the faid Andrew Atkins, his heirs- or affigns, (hall and will allow 

 Unto the faid Bartholomew Bell&amp;gt; his executors, adminiftrators, or affigns, out of the yearly 

 rent hereby referred, the price at the kiln for four waggorr-loads of lime. And alfo fhall and 

 will with all convenient fpeed, put the dwelling-houfe and out-buildings of and on the faid 

 demifed premifes in good and fubftantial order, condition and repair, arrd likewife fhall and 

 will, from time to time, appoint unto the faid Bartholomew Bell, his executors, adminiflra&quot; 

 tors, and affigns, neceffary and convenient timber on the ftemon the faid demifed premifes, or 

 within two miles thereof, for and towards the repairing of the fame, and alfo reafonable wood 

 from the pollard trees, or elfewhere on the faid demifed premifes, for fummer fuel, for the 

 dairy, and for ploughbote, carbote, and hedgebote as aforefaid. And that he the faid Bartho 

 lomew Bell, his executors, adminiftrators, and affigns, paying, rendering, and performing 

 the feveral rents, duties, and fervices hereby referred, and obferving and performing the 



Soif a leiTee who has covenanted not to let, fit, ajtgn, transfer, make over, barter, exchange, or othirwife part 

 with the indenture, (3c with a provifo that the landlord may in fuch cafe re-enter, gives .a warrant cf 

 attorney to confefs judgment under which the leafe is taken in execution and fold, it is no forfeiture of. 

 the leafe. 8 Ter. Rep. 5.7. 



But if a warrant of attorney be given exprefsly for this purpofe, it is in fraud of the covenant, and a 

 forfeiture of the leafe. 8 Term Reports, 300. 



Alfo covenants may be introduced in a leafe to prevent live term.paffing under a com mi (lion of bank, 

 nipt, or being taken on an execution againft the tenant; and fuch covenants are now become, very 

 iifual. 2 Term Reports, 133; 8 Term Reports, 57,3.. 



It is alfo to be obferved that if a forfeiture has been incurred. by. afllgnment, and if the leflbr accepts 

 rent afterwards, this is a waiver of the forfeiture, but in fuch cafe it muft appear , that at the time 

 he accepted the rent he knew of the forfeiture incurred. zTer. Rep. 430. 



Alfo after a licence to let oraffign has been once obtained, either in refpecY of the whole, or enly a part 

 f the premifes, the aflignee is no longer bound by the covenant, but may afterwards let or affign tke 

 whole or any part at pleafure. 4 Coke, 119, 



