TEN 



194 



TEN 



only to the life interest of the tenant in tail. (Co. Litt., 



TKNANT KOU I.1KK. Tenancy for life of land* or 

 tenement* is the possession of a freehold eitatc or interest, 

 flu- duration of which is confined to the life or live* of flu- 

 tenant ur sonic other person or persons. 



The estate of the tenant for fife is either (1) such as in 

 created l>v deed or some other legal assurance, or (2) such 

 as arises by operation of law. 



tor life may be created by lease with livery 

 of seisin, or by any other conveyance :it common law which 

 misht be employed in coim-vim; tin- fee, or by a declara- 

 tion of a use, or by will. The estate so limited may be 

 cither to a person for his own life, or it may be trivcii to 

 one for the life of another, or for any number of lives men- 

 tioned in t hi: crant. In th is in effect 



one for the life of the survivor of the persons so named. 

 ()n the other hand, an estate may be granted for the joint 

 lives of A and U. in which case "it is in fact an estate for 

 the life of the person who dies first. 



When lands or tenements are conveyed by deed, with- 

 out a- s limitation of the quantity of estate to be 



taken by the grantee, he takes an estate for life only. 

 This however is the case only "hen the grantor might 

 lawfully create such an estate ;" for if he be tenant in tail, 

 the conveyance, unless it be a lease within the provisions 

 Of the s!:it. :!2 Hen. VIII.. c. 2S. will pass only an estate 

 for the life of the grantor. Co. Litt., 42 a.) Before the 

 1 Vic., c. 26, a devise without words of limitation conferred 

 on the devisee a life estate only; but now by sec. 28 of 

 that act, a devise, though without any words of limita- 

 tion, passes the fee simple, or the whole of such other 

 lie testator had power to dispose of, unless a con- 

 trary intimation appear by the will. 



Formerly, when lands were given to A for the life of 

 15 without any words of limitation, if A, or the person to 

 whom he had assigned his estate, happened to din in the 

 lifetime of U, the estate was considered as a kind of 

 li, r , ,,' v, belonging to whoever first took posses- 



: and the person who did so was called the general 

 occupant (Co. Litt., 416). [OCCUPANCY.] 



ift to two persons for their lives is an estate in joint 

 tenancy, and for the life of the survivor, if the parties con- 

 tinue joint tenants; but if the jointure be se\ered, each 

 has then an estate in the moiety for his own life only. 

 (2 Blacks!., Cnni., 187.) 



A condition may be annexed to an estate for life, as 

 well a-s to an estate in fee simple: but the condition.it 

 appc ! not be one prohibiting alienation on pain 



or forfeiture, such n condition being considered inconsis- 

 tent with the nature of the estate. is \ Vs.. .\:\:\. 



(2) The estates fur life arisinsr by operation of law are, 

 the et Ret i>o>sibility ofiaroe extinct, and the es- 



tate by courtesy and the estate in dower. 



The c-tate ta'il after possibility of issue extinct 

 when, by the death of one of the persons from \\hom the 

 inheritable issueistoproceed.it ha.- become impossible 

 that any person should c\ist upon whom the estate tail can 

 descend. Thus, if lands be riven to A and the heirs of his 

 body by B, his wife, or to A and B and the heirs of their 

 bodies, and B die without leavinir any issue of their two 

 \, from beinsr tenant in tail special, becomes 

 t in tail after possibility of issue extinct; which is 

 in effect nothing more than a tenancy for life, with cer- 

 tain peculiar pi mainin-r to tin- tenant out of his 



former inheritance, the principal of which is the riu'ht of 

 committing waste. (Co. Litt., '27, t>\ Cruise, Digest, 

 tit. 4.) 



As to the nature and incidents of tenancy by the cour- 

 tesy and tenancy in dow. I and DOWSR. 



Tenants for life are entitled to estovers; that is t 

 to an allowance of necessary n 

 and fences on the land ; but no t > 

 tenant in tail after possibility of i- 



iKTthan is necessary for such purposes, or 

 build new houses, or open mines, without licinir guilty of 

 waste, unless his estate be, as it may be, made expressly 

 without impeachment of waste. [WASTE.] 



When a tenant for life dies before harvest-time, his ex- 

 ecutors will be entitled to the crops then growrng on the 

 lands, M a return for the labour and expense of cultiva- 

 tion, and these are called in law Emblements. (Co, Litt., 

 65 b.) 



A tenant for life is not bound to payoff the 

 of incumbrance* affecting the inheritance, but he is bound 

 to keep down the interest of all such incumbtances. 

 (1 Bro. R., 3W; 1 Ves.jun.. 



lu real actions all tenants for life, except tenants in tail 

 after possibility of issue extinct, may pray in aid. or call 

 for the assistance of the person entitled to tin- inheritance. 

 to defend his title, because the tenant for hie is not irene- 

 rallv supposed to have in his possession the evidences of 

 the title to the inheritance. << 'misc. Hm., t. :t. , 

 It seems to have been formerly considered that the 1. 

 for life had no right to the cuntody of the title deeds, but 

 the contrary appear* now to be established. - 1'.\V.,-177; 

 1. Vex., juii.. 7U: 1 Sch. and iVf., 319.) 



The tenant for life may convey or demise his t 

 inent by the same means as a tenant in fee. provided he 

 does not attempt to convey any estate greater than hi* 

 own. 



If he convey by prant, lease for years, bargain and sale, 

 or lease and release, he can pass no interest greater than 

 that which he himself possesses, the conveyance t,. 



- is merely void, and no forfeiture is incurred, lint 

 a conveyance by feorl'ment, or by any assurance equivalent 

 to a fine or recovery, if purporting to exceed the bounds 

 Of the life estate, displaces the estates in remainder and 

 creates a wrongful fee ample. The person entitled to the 

 next estate in remainder or reversion becomes then imme- 

 diately entitled to enter, thereby restoring all the estates 

 which had been displaced by the tortious conveyance, ex- 

 cept that of the tenant for fife, which becomes absolutely 

 forfeited. (.Lift.. Will, fill), 415, 416.) 



As to the merger and surrender of estates for life, sec 

 MK.KOKR and SCKKKNDKR. 



The name tenant for life is also applied to the person to 

 whom, in settlements or wills of personal property, is given 

 an interest for life only in the fund which is the subject of 

 the settlement or will. [SETTLEMENT; WILL.] 



TENANT FUR YEARS. [KSTATK ; LEASE ; TKRM or 

 YEARS ; TENANT AND LANDLORD.] 



TKNANTS or TENANCY IN COMMON. [COMMON, 

 TENANCY IN.] 



TENA88ERIM, or TENASSERIM PROVINCES, is a 

 term which has lately come into jreneral use to designate 

 those countries on the west coast of the peninsula without 

 the Ganges which lie on the east side of the Gulf of Mar- 

 taban. and were acquired by the Brit i>h by the peace of 

 Yandalm (IK'J(i) from the Birmans. At that time, the 

 boundaries of thi country were very imperfectly known, 

 except that they were washed on the west by the Gulf of 

 Bengal. Kven durinir times of peace predatory incursions 

 had been made both by the Birmans and Siamese, which 

 had the effect of converting law tracts cumiir.ums to the 

 boundary-line into complete deserts, and thus it happened 

 that the limits of the liinncse and Siamese countries were 

 unknown to the t'.vn states, which here came into contact 

 with one another, and even up to the present time tin- 

 British are very impcifectly acquainted with the c\! 

 this possession. A river, Pakcham. constituted, according to 

 old record-, the southern boundary-line of Itiiiua in 

 parts, and the fi *hich were published after the 



of Yandabo laid the boundary down near II N. Int., 

 but it was afterwards ascertained that the mouth of this river 

 thoflO X. hit. and of I 'ape Victoria. During the 

 occupation of the country by the liirmans, it had been con- 

 sidered that all the country drained by the rivcis which fall 

 into the Bay of Bengal belonged to their dominions, and 

 that those whose drainage went to the Gulf of Sian formed 

 a portion of the Siamese empire. When the lirilish took 

 possession of Tena.sserim, this watershed was thought to be 

 from 30 to 50 miles from the Hay of Bengal, but it has 

 been ascertained that in some part* it is at a much L r 

 distance, and that between 10" and 17" 4o'.\. lat. il is pro- 

 bably UK) miles from the sea. On the map iimicvcd to 

 Smxlirrass's liumese \\'ar, the northern boundary is laid 

 down between lKand 1!) U N. Int.. but it is now known that 

 it is formed by the lower coiu.se of the nver Tlioung Yin, a 

 tributary of the Saluen, and that it docs not extend beyond 

 17 4KY N. lat. Thus wo know that Tenaoerini e\ ! 

 I'romMirto 17 -Id' N. hit., audit is supposed that t 

 boundary, at least m some parts, approaches icr :xr K. 

 long. It is evident that in the present slate ofourknow- 

 ul the country it is impossible to determine the 

 area of Tenasserim, but we are inclined to think that the 



