Page:William Blackstone, Commentaries on the Laws of England (3rd ed, 1768, vol II).djvu/162

 150 will; though cutom, which is the life of the common law, has etablihed a permanent property in the copyholders, who were formerly nothing better than bondmen, equal to that of the lord himelf, in the tenements holden of the manor: nay ometimes even uperior; for we may now look upon a copyholder of inheritance, with a fine certain, to be little inferior to an abolute freeholder in point of interet, and in other repects, particularly in the clearnes and fecurity of his title, to be frequently in a better ituation.

III. etate at ufferance, is where one comes into poeion of land by lawful title, but keeps it afterwards without any title at all. As if a man takes a leae for a year, and, after the year is expired, continues to hold the premies without any freh leave from the owner of the etate. Or, if a man maketh a leae at will, and dies, the etate at will is thereby determined; but if the tenant continueth poeion, he is tenant at ufferance. But no man can be tenant at ufferance againt the king, to whom no laches, or neglect, in not entering and outing the tenant, is ever imputed by law: but his tenant, o holding over, is conidered as an abolute intruder. But, in the cae of a ubject, this etate may be detroyed whenever the true owner hall make an actual entry on the lands and out the tenant; for, before entry, he cannot maintain an action of trepas againt the tenant by ufferance, as he might againt a tranger : and the reaon is, becaue the tenant being once in by a lawful title, the law (which preumes no wrong in any man) will uppoe him to continue upon a title equally lawful; unles the owner of the land by ome public and avowed act, uch as entry is, will declare his continuance to be tortious, or, in common language, wrongful.

tands the law, with regard to tenants by ufferance; and landlords are obliged in thee caes to make formal entries upon their lands, and recover poeion by the legal proces of Rh