290 DISTEAIN OF AWAY-GOING CROPS. 



tinuance of the original demise to the intermediate landlord {Pilce v 

 Eyre). According to Curtis v. Wheeler, a tenant from year to year 

 under-letting from year to year has a right to distrain ; and per Pollock 

 C.J., the above two " cases show that if a tenant from year to year 

 demises for a term of years, and the original tenancy from year to year 

 lasts beyond that term, such a demise is not an assignment, but there 

 is a reversion on which covenant may l)e maintained." {Oxley v. James). 

 In Geeclcie v. Monl; and D. d. Monk v. Geeckie, Rolfe B. ruled that 

 //, whilst a tenant from yceir to year is in possession of lands under an 

 agreement reserving a certain rent, he agrees with his landlord to pay an 

 'increased rent, this will not have the effect of creating a 7iew tenancy. 

 Where the occupier under an agreement for a lease at a certain rent 

 pays the rent, he becomes tenant from year to year on the terms of the 

 agreement, and the landlord may distrain {3Iann v. Lovejoy). This was 

 also a case of replevin ; and Hegan v. Johnson and Dunk v. Hunter 

 were cited for the plaintiff in support of his position, that if the holding 

 is mider a mere agreement for a lease there can be no distress. 



In Knight v. Bennett, the plaintiff occupied a farm according to the 

 terms of cm oral agreement (which did not fix the rent, but only the time 

 of paying it) for a ten years' lease, which was never executed, and paid 

 a certain rent for two years ; and the Court held that he was tenant from 

 year to year, and that the lessor might distrain for arrears accordmg to 

 the rate which the plaintiff had paid. " 



In another case between these parties, it appeared that by agreement, 

 as well as by the custom of the country, the tenant was to have the nse of 

 the ham and gate-rooms to thrash out his corn and fodder his cattle till 

 the May-day after the expiration of his term. His term expired at 

 JMichaelmas, and he was then restrained by injunction from carrying 

 off the premises corn in the straw. In January his landlord distrained a 

 rick of corn on the premises, and it was held that the distress was valid. 

 Beavan v. Delahay decided that a custom thcd a tenant may leave his 

 cmaij-going crop in the hams of the farm for a certain time after the lease 

 is expired, and he has quitted the premises, is good ; and the landlord 

 may distrain the corn so left for rent arrear after six months have expired 

 from the determination of the term, notwithstanding the statute 8 Anne, 

 c. 14, ss. G & 7. And see Lewis v. Harris. 



It was held in NuttaU v. Staunton, where a tenant ly permission of the 

 landlord remained in possession of part of a farm after the expiration of the 

 tenancy, that the landlord might distrain on that part within six months 

 after the expiration of the tenancy, stat. 8 Anne, c. 14, ss. G k 7, not being 

 confined to a tortious holding ovci', or to the holding of the wdiole farm. 

 kxAper Pcdleson i., in Taylcrson v. Peters: '' To bring a case within 



