Page:William Blackstone, Commentaries on the Laws of England (3rd ed, 1768, vol II).djvu/195

 Ch. 12. whole: and, if they do not both agree within ix months, the right of preentation hall lape. But the ordinary may, if he pleaes, admit a clerk preented by either, for the good of the church, that divine ervice may be regularly performed; which is no more than he otherwie would be entitled to do, in cae their diagreement continued, o as to incur a lape: and, if the clerk of one joint-tenant be o admitted, this hall keep up the title in both of them; in repect of the privity and union of their etate. Upon the ame ground it is held, that one joint-tenant cannot have an action againt another for trepas, in repect of his land ; for each has an equal right to enter on any part of it. But one joint-tenant is not capable by himelf to do any act, which may tend to defeat or injure the etate of the other; as to let leaes, or to grant copyholds : and, if any wate be done, which tends to the detruction of the inheritance, one joint-tenant may have an action of wate againt the other, by contruction of the tatute Wetm. 2. c. 22. So too, though at common law no action of account lay for one joint-tenant againt another, unles he had contituted him his bailiff or receiver, yet now by the tatute 4 Ann. c. 16. joint-tenants may have actions of account againt each other, for receiving more than their due hare of the profits of the tenements held in joint-tenancy.

the ame principle alo aries the remaining grand incident of joint etates; viz. the doctrine of urvivorhip: by which, when two or more perons are eied of a joint etate of inheritance, for their own lives, or pur auter vie, or are jointly poeed of any chattel interet, the entire tenancy upon the deceae of any of them remains to the urvivors, and at length to the lat urvivor; and he hall be entitled to the whole etate, whatever it be, whether an inheritance or a common freehold only, or even a les etate. This is the natural and regular conequence of the union and entirety of their interet. The interet of two Rh