Page:William Blackstone, Commentaries on the Laws of England (1st ed, 1768, vol III).djvu/223

Ch. 12. repective interets, hold over and continue in poeion of the lands or tenements, they are now adjudged to be trepaors; and the reverioner or remainder-man may once in every year, by motion to the court of chancery, procure the cetuy que vie to be produced by the tenant of the land, or may enter thereon in cae of his refual or wilful neglect. And, by the tatutes of 4 Geo. II. c. 28. and 11 Geo. II. c. 19. in cae after the determination of any term of life, lives, or years, any peron hall wilfully hold over the ame, the leor is entitled to recover by action of debt, either a rent of double the annual value of the premies, in cae he himelf hath demanded and given notice in writing to deliver the poeion; or ele double the uual rent, in cae the notice of quitting proceeds from any tenant having power to determine his leae, and he afterwards neglects to carry it into due execution.

is anwerable for not only his own trepas, but that of his cattle alo: for if by his negligent keeping they tray upon the land of another (and much more if he permits, or drives them on) and they there tread down his neighbour’s herbage, and poil his corn or his trees, this is a trepas for which the ovner mut anwer in damages. And the law gives the party injured a double remedy in this cae; by permitting him to ditrein the cattle thus damage-feaant, or doing damage, till the owner hall make him atisfaction; or ele by leaving him to the common remedy in foro contentioo, by action. And the action that lies in either of thee caes, of trepas committed upon another’s land either by a man himelf or his cattle, is the action of trepas vi et armis; whereby a man is called upon to anwer, quare vi et armis clauum ipius A. apud B. fregit, et blada ipius A. ad valentiam centum olidorum ibidem nuper crecentia cum quibudam averiis depatus fuit, conculcavit, et conumpit, &c : for the law always couples the idea of force with that of intruion upon the property of another. And herein, if any Rh