44.2 EMBLEMENTS. 



by which they arc produced within the year in wliieh the labonr is 

 bestowed, though in extraci'dinary seasons they may be delayed beyond 

 that period ; and a tenant entitled to emblements can have only one 

 crop of the thing sown, i.e., the crop growing at the time of the deter- 

 mination of his tenancy, although such crop may not compensate him 

 for industry and mannrance bestowed {Graves v. Weld). Emblements 

 extend not only to corn sown, but to roots, hemp, flax, or any other 

 annual profit, but not to young fi'uit-trees, or young oaks, ashes, elms, 

 &c., because they yield no 2}rescnt annual lyrofit. Hops which grow 

 from ancient roots were held, in Lailiam v. At wood, to be " like emble- 

 ments, because they are such things as grow by the manurance and 

 industry of the owner, by the making of hills and the setting of poles." 

 That labour and expense, without which they would not grow at all, 

 seems to have been deemed equivalent to the sowing and planting of 

 other vegetables. Cruise's Dlijest, v. 1, p. 710, 3rd ed., observes that 

 this determination was probably on account of the great expense of 

 cultivating the ancient roots. On this Lord Denman C. J. remarked, 

 in Graves \. Weld, "Latham v. Ativood decides that hops, so far as 

 relates to their annual product only, are only emblements ; but it by 

 no means proves that the person who planted the young hops w^ould 

 have been entitled to the first crop whenever produced." 



If the lessee of a tenant for life sows the land, and dies hfore harvest, 

 his executors shall have the emblements or profits of tJis crop. But now 

 by 14 & 15 Vict. c. 25, s. 1, as regards tenants at rack-rent holding 

 farms or lands under landlords entitled for life or any other uncertain 

 interest, and the lease or tenancy determines by the death or cesser of 

 the estate of the landlord, the tenant shall, instead of claims to emble- 

 ments, continue to hold until the expiration of the then current year of 

 his tenancy ; the succeeding landlord t3 be entitled to recover a fair 

 projJorLion of the rent fur this period, and all the benefits, terms, and 

 restrictions, &c., to apply between the latter and the preceding land- 

 lord ; and no notice to quit is necessary to determine such holding or 

 occupation. And see Stradhroke {Lord) v. Mulcalnj, for a decision on 

 this section of the statute. 



It is stated in Sheppard's Touchstone (Preston), p. 472, that "as 

 leticeen an executor and devisee, the emblements belong to the devisee, 

 unless they are expresshj bequeathed." And so in Cooj^er v. Woolfitt, 

 where a testator devised to W. certain lands called the " Clay-pits," 

 and bequeathed to C. and W. all his moneys, &c., personal estates and 

 effects whatsoever and wheresover, not therein specifically bequeathed, 

 but did not make a specific bequest of crops growing on the land, it 

 was held that the di visee was entitled to the emblements growing upon 



