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Restriction on assignment contrary to agreement.
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10. Where any lease has been or shall be made containing an agreement restraining or prohibiting assignment, the benefit of which has not been waived before the first day of June one thousand eight hundred and twenty-six, it shall not be lawful to assign the lands or any part thereof contrary to such agreement without the consent in writing of the landlord or his agent thereto lawfully authorized in writing, testified by his being an executing party to the instrument of assignment, or by an indorsement on or subscription of such instrument.
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