Page:William Blackstone, Commentaries on the Laws of England (3rd ed, 1768, vol II).djvu/134

 122 incidents to an etate for life, are principally the following; which are applicable not only to that pecies of tenants for life, which are exprely created by deed; but alo to thoe, which are created by act and operation of law.

1. tenant for life, unles retrained by covenant or agreement, may of common right take upon the land demied to him reaonable etovers or botes. For he hath a right to the full enjoyment and ue of the land, and all it's profits, during his etate therein. But he is not permitted to cut down timber or do other wate upon the premies : for the detruction of uch things, as are not the temporary profits of the tenement, is not neceary for the tenant's complete enjoyment of his etate; but tends to the permanent and lating los of the peron entitled to the inheritance.

2. for life, or his repreentatives, hall not be prejudiced by any udden determination of his etate, becaue uch determination is contingent and uncertain. Therefore if a tenant for his own life ows the lands, and dies before harvet, his executors hall have the emblements, or profits of the crop: for the etate was determined by the act of God; and it is a maxim in the law, that actus Dei nemini facit injuriam. The repreentatives therefore of the tenant for life hall have the emblements, to compenate for the labour and expene of tilling, manuring, and owing, the lands; and alo for the encouragement of hubandry, which being a public benefit, tending to the increae and plenty of proviions, ought to have the utmot ecurity and privilege that the law can give it. Wherefore, by the feodal law, if a tenant for life died between the beginning of September and the end of February, the lord, who was entitled to the reverion, was alo entitled to the profits of the whole year; but, if he died between the beginning of March and the end of Augut, the Rh