Thus, if tenant in fee, or in tail, or in dower, die after fowing the corn, and before fever* 

 iinoc, his executor or adminiftrator generally (hall have the emblements. 



For a tenant for life or his reprefentative fhall not be prejudiced by any fudden determination 

 of his eftate ; becaufe fuch a determination is contingent and uncertain. But if a man fows 

 land and lets it. for life, and the leflee for life die before the corn be fevered, his executor fhail 

 not have the emblements, but he in reverfion j. though, it he himlelf had fowed the land anJ 

 &amp;lt;lied it wereotherwife* 



The fame is alfo the rule, if a life eftate be determined by aft of law. 



Thus, every one who has an uncertain eftate or intereft,. if, before feverance of the corn, his-, 

 eftate determine either by the aclrofGodor of the law, he fhall have the emblements, or they 

 fhall go to his executor or adminiftrator ; and fo it is in all cafes regularly, where a man fows 

 land whereof and wherein- he hath fuch an. eftate as may perhaps continue until the corn be 

 ripe. 



But if the eftate be determined by the tenant s own ad&amp;gt;, as by forfeiture by tenant for life for 

 wafte committed ; or if a tenant during widowhood marries : in thefe and fimilar cafes, the 

 tenants having thus determined the eftates by their own a&s, (hall not be entitled to take the 

 emblements. 



And the under-tenants or lefTees of tenants for life have the fame, and in fome inftances 

 greater indulgencies than their lefTors, the original tenants for life. For the law ofefloversand 

 emblements, when the tenant for life is entitled thereto, is alfo the fame with regard to his 

 under-tenant, who reprefents him and ftandsin his-place : and in thofe cafes where the tenant 

 for life fhall not have the emblements becaufe the eftate determines by his own ac&quot;t, the ex- 

 ception fhall not reach his tenant or leflee, who is a third perfon. 



But with regard to emblements or the profits of lands fowed by tenant for years, there is this 

 difference between him and tenant for life : that where the term of a tenant for years depends 

 upon a certainty, ( as if he holds from Midfummer for ten years,) and in the laft year he fows a 

 crop of corn, and it is not ripe and cut before Midfummer, the end of his term, his landlord 

 fhall have it ;, for the tenant knew the expiration of his term ; and therefore it was his own 

 folly to fow that of which he never could reap the profits.* In fuch cafe the landlord, it is 

 faid, muft enter on the lands, to take the emblements. But where the leafe for years depends 



* But though this rule is general, yet it admits of certain exceptions, arifing from the cuftom of the 

 eountry; as, where the plaintiff brought an aftion of trefpafs for mowing and taking away a crop of corn, 

 and relied on a cuftom that the tenant, for any term of years which expired on the ift of May, might, 

 after the expiration of his term^ take and carry away as his way-going crop, all the corn then grow in&quot; on the 

 land at the time the term expired. This cuftom was adjudged to be good and reafonable ; though it was 

 contended, that the tenant could not claim it againft his deed, by which the land had been demifed, 

 for a certain number of years then expired. 



So a cuftom that the tenant might leave, for a certain time, hisway-going crop inthe barnsof the farm,, 

 which he had left after the determination of his term, and after his quitting the premifes, is gocd - } and 

 the corn fo left may be diftrained, even though fix months are expired from the end of the term. 



