APPENDIX, 55 



upon an uncertainty ; as upon the death of the leflbr or landlord, bcinghimfelf only tenant for 

 life, or being a huiband feifed in right of his wife; or if the term of years be determinable 

 upon a life or lives ; in all cafes of this kind the eftate for years not being certainly to expire 

 at a time foreknown, but merely by the acl of God, the tenant, or his executors, (hall have 

 the emblements in the fame manner that a tenant for life would be entitled thereto. Not fo, 

 however, if it determine by the a6l of the party himfelf. 



If tenant at will fows his land, and the landlord before the corn is ripe, or before it is 

 reaped, put him out, yet the tenant (hall have the emblements, and free ingrefs, egrefs, and 

 rcgrels, to cut and carry away the profits ; and this for the fame reafon upon which all the 

 cafes of emblements turn ; namely, the point of uncertainty ; fince the tenant cou d no pof- 

 fibly know when his landlord would determine his will, and therefore could make no provi- 

 lion againft it ; and having fown the land, which is for the good of the public, upon a reafon- 

 able prefumption, the law will not fuffer him to be a lofer by it. But it is otherwife, and upon 

 reafon equally good, where the tenant himfelf determines his will ; for in this cafe the land- 

 lord fhall have the profits of the land. 



So in the cafe of entry of the lefibr before fowing, the leffee at will (hall not have the cofls 

 of ploughing and manuring. 



If a hufband holds lands for life, in right of his wife, and fows the land, and afterwards 

 (he dies before feverance, he (hall have the emblements. So where the wife has an eftate for 

 years, life, or in fee, and the hufband fows the land and dies, his executors (hall have the 

 corn. 



But if the hufband and wife are joint-tenants, though the hufband fowthe land with corn, 

 and die before it be ripe, the wife, and not his executors, fhall have the corn, (he being the 

 furviving joint-tenant. 



Where lands fold are delivered in execution upon an extent, the perfon to whom they are 

 fo delivered (hall have the corn on the ground. 



The advantages alfo of emblements are particularly extended to the parochial clergy by 

 the flat. 28 H. VIII. c. u, which confiders all perfons who are prefented to any ecclefiaftical 

 benefice, or to any civil office, as tenants for their own lives, unlefs the contrary be exprefled 

 in the form of the donation : for by this ftatute, if a parfon fows his glebe and die*, his exe 

 cutors fhall have the com ; and fuch parfon may by will difpofe thereof. 



Where there is a right to emblements, ingrefs, egrefs, and regrefs, are allowed by law, in 

 order to enter, cut and carry them away, when the eftate is determined. 



Emblements are diftinft from the real eftate in the land, and fubjecl: to many, though not 

 all the incidents attending perfonal chattels: they were devifeable By teftament before the 

 ftatute of Wills, and at the death of the owner fhall veft in his executor, and not his heir ; they 

 are forfeitable by outlawry in a perfonal aclion ; and by the flat, n G.ll.c. 19. (though not 

 by the common law) they may be diftr?.ined for rentarrear. 



But though emblements are aflets in the hands of the executor, are forfeitable upon outlawry, 

 and diftrainable for rent, they are not in other refpefts confidcred as perfonal chattels, and in 



