Page:William Blackstone, Commentaries on the Laws of England (3rd ed, 1768, vol II).djvu/158

 146 and the landlord before the corn is ripe, or before it is reaped, puts him out, yet the tenant hall have the emblements, and free ingres, egres, and regres, to cut and carry away the profits. And this for the ame reaon, upon which all the caes of emblements turn; viz. the point of uncertainty: ince the tenant could not poibly know when his landlord would determine his will, and therefore could make no proviion againt it; and having own the land, which is for the good of the public, upon a reaonable preumption, the law will not uffer him to be a loer by it. But it is otherwie, and upon reaon equally good, where the tenant himelf determines the will; for in this cae the landlord hall have the profits of the land.

act does, or does not, amount to a determination of the will on either ide, has formerly been matter of great debate in our courts. But it is now, I think, ettled, that (beides the expres determination of the leor's will, by declaring that the leee hall hold no longer; which mut either be made upon the land, or notice mut be given to the leee ) the exertion of any act of ownerhip by the leor, as entring upon the premies and cutting timber , taking a ditres for rent and impounding them thereon , or making a feoffment, or leae for years of the land to commence immediately ; any act of deertion by the leee, as aigning his etate to another, or committing wate, which is an act inconitent with uch a tenure ; or, which is intar omnium, the death or outlawry, of either leor or leee ; puts an end to or determines the etate at will.

law is however careful, that no udden determination of the will by one party hall tend to the manifet and unforeeen prejudice of the other. This appears in the cae of emblements Rh