Page:William Blackstone, Commentaries on the Laws of England (3rd ed, 1768, vol II).djvu/135

 Ch. 8. heirs of the tenant received the whole. From hence our law of emblements eems to have been derived, but with very coniderable improvements. So it is alo, if a man be tenant for the life of another, and cetuy que vie, or he on whoe life the land is held, dies after the corn own, the tenant pur auter vie hall have the emblements. The ame is alo the rule, if a life-etate be determined by the act of law. Therefore, if a leae be made to huband and wife during coverture, (which gives them a determinable etate for life) and the huband ows the land, and afterwards they are divorced a vinculo matrimonii, the huband hall have the emblements in this cae; for the entence of divorce is the act of law. But if an etate for life be determined by the tenant's own act, (as, by forfeiture for wate committed; or, if a tenant during widowhood thinks proper to marry) in thee, and imilar caes, the tenants, having thus determined the etate by their own acts, hall not be entitled to take the emblements. The doctrine of emblements extends not only to corn own, but to roots planted, or other annual artificial profit: but it is otherwie of fruit-trees, gras, and the like; which are not planted annually at the expene and labour of the tenant, but are either the permanent, or natural, profit of the earth. For even when a man plants a tree, he cannot be preumed to plant it in contemplation of any preent profit; but merely with a propect of it's being ueful to future ucceions of tenants. The advantages alo of emblements are particularly extended to the parochial clergy by the tatute 28 Hen. VIII. c. 11. For all perons, who are preented to any eccleiatical benefice, or to any civil office, are conidered as tenants for their own lives, unles the contrary be expreed in the form of donation.

3. incident to etates for life relates to the under-tenants or leees. For they have the ame, nay greater indulgences, than their leors, the original tenants for life. The ame; for the law of etovers and emblements, with regard to the tenant Rh