378. Covenant against assignment or parting with possession.

A covenant 'not to assign'1, or 'not to assign or otherwise part with'2, the premises is broken only by a legal assignment for the entire residue of the term. Thus the covenant is not broken by a declaration of trust of the premises in favour of a third person3, or by the deposit of the lease as security for an advance4, or by the grant of an underlease of part of the premises5, or for part of the term6. A covenant 'not to assign or part with the possession of the premises' goes further and is broken (as, for