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28 Hen. 8. c. 11. s. 6.

tute in England having given to tenants for life, the pro

perty in trees which they shall plant. Right of clergy

erou With respect to the right to emblements, which is anoto emblements. ther incident to estates for life, the 28 Hen. 8. c. 11.

s. 6. Eng. provides, that in case any incumbent shall Eng.

happen to die, who hath caused any of his glebe lands to be manured and sown, at his proper costs and charges, with any corn or grain; in that case, such incumbent may make and declare his testament of all the profits of the corn growing upon the glebe lands so manured and sown. I do not find that the right of the parochial clergy

in Ireland to emblements is declared by any Irish statute. Freehold rents As to the under-tenants or lessees of tenants for life, recovered by executors of tenant the 11 Geo. 2. c. 19. s. 15. Eng. recites, that where for life.

any lessor or landlord having only an estate for life in 11 Geo. 2. c. 19, s. 15. the lands, &c., demised, happens to die before or on the Eng.

day on which any rent is reserved or made payable, such rent, or any part thereof, is not by law recoverable by the executors or administrators of such lessor or landlord; nor is the person in reversion entitled thereto, any other than for the use and occupation of such lands, &c., from the death of the tenant for life; and for remedy thereof enacts, that where any tenant for life shall die before or on the day on which any rent was reserved or made payable, upon any demise or lease of any lands, &c., which determined on the death of such tenant for life, the executors or administrators of such tenant for life may re

cover in an action on the case, from any such underAnd rent apportioned in case of tenant, if such tenant for life die on the day on which the death of such landlord before the same was made payable, the whole, or if before such gale day. - day, then a proportion of such rent, according to the

time such tenant for life lived of the last year, or quarter of a year, or other time in which the said rent was grow

ing due, making all just allowances, or a proportionable 23 & 24 Geo. 3. part thereof respectively. The 23 & 24 Geo. 3. c. 46.

*. s. 1. Ir. is nearly corresponding, which provides, that

where any tenant for life shall die before or on the day, on which any rent was reserved or made payable, upon any demise or lease of any lands, &c., which shall determine on the death of such tenant for life, the executors,

adıninistrators, que vies supencies by want of proof of the deceases of persons be-plied. yond the scas, or absenting themselves, upon whose lives in

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administrators, or assigns of such tenant for life, may either by action of debt, or action on the case, as for the use and occupation of the said lands, &c., recover from the tenant or under-tenant thereof, if such tenant for life shall die on the day on which the said rent was made payable, the whole, or if before such day, then a proportion of such rent, according to the time such tenant for life lived of the last year, half year, quarter of a year, or other time in which the said rent was growing due, making all just allowances, or a proportionable part thereof respectively; and that it shall be lawful for the executors, &c., of such tenant for life, to distrain for such rent, or proportionable rent, as fully as such tenant for life, or his assigns, might have done, if such tenant for life had out-lived the day on which the said rent was made payable. And by s. 2. (which provides for a case not adverted to by the 11 Geo. 2. c. 19. Eng.) where any per

Rent apporti son seised of an estate in fee, or of a lesser estate of freehold, in any lands, &c., shall have demised the same for death of cestui

que vie before one or more life or lives, and such demise shall deter-gale day. mine by the death or failure of such life or lives, before the day on which the rent is made payable, the person making such demise shall recover from the tenant, or under-tenant, of said lands, &c., or their respective heirs, executors, administrators, or assigns, either by action of debt, or by action on the case, as for the use and occupation of the said lands, &c., a proportionable part of such rent according to the time such life or lives was or were in being of the last year, hialf year, quarter of a year, or other time in which the said rent was grow, ing due, making all just allowances, or a proportionable part thereof, respectively; or the person making such demise may distrain for such proportionable part of the said rent, as fully as he might have done for the whole of such rent, if the life or lives, by the failure of whom such demise was determined, had been in full life.

The 19 Car. 2. c. 6. Eng. may be also referred to this Evidence of t).r. place, which is intitled an act for redress of inconveni-com

estates

estates do depend; and recites (inter alin that divers lords of manors, and others, bave used to grant estates [by copy of court-roll for one, two, or more life or lives, according to the custom of their several manors; and have also granted estates] by lease for one or more life or lives, or else for years determinable upon one or more life or lives; and provides that if such person for whose life any such estate shall be so granted, shall remain beyond the seas, or elsewhere absent himself in the realm, by the space of 7 years together, and no sufficient and evident proof be made of the life of such person, in any action commenced for the recovery of such tenements by the lessor or reversioner, his heirs or assigns, the judges before whom such action shall be brought, shall direct the jury to give their verdict as if the person so remaining beyond the seas, or otherwise absenting himself, were dead. And by s. 3. in any such action wherein the life or death of any such person shall come in question, between the lessor or reversioner and the tenant in possession, the lessor or reversioner may take exception to any of the jurors returned, that the greatest part of the real estate of any such juror is held by lease, [or copy,] for lives; who upon proof thereof shall be set aside as in case of other legal challenges. But it is provided, (s. 5.) that if any person shall be evicted out of any lands or tenements by virtue of this act, and afterwards such person upon whose life such estate depended, shall return from beyond the seas, or shall, on proof in any action to be brought for recovery of the same, be made appear to be living, or to have been living at the time of the eviction; then the tenant or lessee who was outed of the same, his executors, administrators, or asşigns, may re-enter and enjoy the said lands, &c., in his former estate during the life or lives, or so long term as the said person, upon whose life the said estate depended, shall be living; and shall upon action to be brought by him against the lessor, reversioner, or tenant in possession, or other person, who since the said eviction received the profits of the said lands, &c., recorer, for damages, the full profits of said lands, with lawful intes rest for and from the time that he was so kept out of said

lands,

lands, &c., as well in the case when the person upon whose life such estate did depend shall be dead at the time of bringing said action, as if the said person were then living. The 7 W. 3. c. 8. Ir. is very nearly a trans-- W.3. c. S. cript of this English act; save that so much of the ". 19 Car. 2. as relates to copyhold tenants is omitted in the latter; and that the clause of the 7 W. 3. which corresponds in substance with the 2d section of the 19 Car. 2., is more concisely worded.

II. As to tenants by the curtesy of England: By stat. 82. de tenent. per legem Anglie incert. temp.: When a man Tenants by thie, receives land with his wife in marriage, if he have of the land same wife an heir, son or daughter, crying, heard within the four walls, if the husband survive the wife, whether the heir live or not, the marriage shall remain to the husband, and after his death revert to the donor or his heir. The ordinance of king Henry III. by which this species of estate, obtains in Ireland, may be here stated, not only as a very ancient and curious record, but as one in which, as Sir Martin Wright observes, the description of this estate is with greater authority, and much better expressed, than in Glanvil, which contains the oldest description of it extant. Henrici Rex, &c., Baronibus, And of Irelard. militibus, et aliis liberis tenentibus Lagenia, salutem, &c. Satis ut credimus vestra audivit discretio, quod cum bone, memorie Johannes, quondam rex Anglia, pater noster, tenit in Hiberniam, ipse durit secum viros discretos ct legis peritos, quorum communi consilio, et ad instantiam Hiberniensium, statuit et precepit leges Anglicanas teneri in Ilibernia, ita quod leges eusdem in scripto redactas reliquit sub sigillo suo ad scaccar: Dublin. Cum igitur consuetudo et .r Anglice fuerit, quod si aliquis desponsaverit aliguain mulierem, sive viduam, sive aliam hereditatem habentem, et ipse postmodum ex ea prolem suscitaverit, cujus clamor auditus fuerit intra quatuor parietes, idem rir, si supervirerit ipsam u.rorem suam, habebit tota rita sua custodiam hereditatis uroris suæ, licet ea forte habuerit haredem de primo viro suo qui fuerit plenæ ætatis; vobis mandamus injungentes, quatenus in loquela que est in curia Jilli, Com. Mares. inter Mauritium Fitz Gerald

Pelent,

Petent. et Galfridum de Marisco nostrum Hiberniæ tenentem, vel in alia loquela quæ fuerit in casu predicto, nullo modo justitiam in contrarium facere præsumatis. Teste rege apud Westm. 10 Decemb. anno 11o regni

nostri. * $ 3.

3. III. Next as to tenant in douer: By the great charAssignment of ter 9 Hen. 3. c. 7. E. & I. a widow shall without diffidower.

Men 3. an culty have her marriage and her inheritance, and shall E. & l. give nothing for her dower, her marriage, or her inhe

ritance, which her husband and she held the day of the death of her husband; and she shall tarry in the chief house of her husband 40 days; within which days her dower sliall be assigned; and if the house be a castle, a convenient house shall be assigned her; and she shall have in the mean time her reasonable estovers; and for her dower shall be assigned the third part of all the lands of her husband, which were his during coverture; except

she were endowed of less at the church door. But by . Edw. 1.c.7. the 6 Edw. 1. c. 7. E. & I. if a woman sell or give in E.. & I.

fee, or for term of life, the land that she holdeth in Forfeiture of dower, the heir, or other to whom the land ought to redower,

vert after the death of such woman, shall have present

recovery to demand the land by a writ of entry made 13 Edw. 1.st.1. thereof iñ chancery. And by the 13 Edw. I. st. 1. c. 34.

1. É. & I. if a wife willingly leave her husband and go

away, and continue with her adulterer, she shall be barred for ever of action to demand her dower, that she ought to have of her husband's lands, if she be convict thereupon, except that her husband willingly, and without cocrcion of the church, reconcile her, and suffer her to dwell with him ; in which case she shall be restored to her action. The statutes which provide remedies for cases of deforcement of dower, as also those which relate to the forfeiture of dower in criminal cases, belong to other parts of this digest, and are therefore omitted in this

place. Dower barred As to barring dower by jointures: the 27 Hen. 8. c. 10, by jointure.

: s. 6. Eng. enacts, that where any estate or purchase shall 27 Flen. 8. c. 10, s. 6. Eng.

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* I have transcribed this from Sir M. Hale's History of the Common Lar, chap. 9.

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