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L 'A w.
]'\If 'all the houi'es and olliee houfes, neeelrary ror the
farm, in good eondition at the tenant's entry; and the
tcnlot mult keep them aod Icave Ihem fo al his removal,
!luI in uck.s of houfes, the fe!ter mufl nOI only deliver
lO Ihe lenant Ihe fUhjeél fet, in tenaolable repair at his
entry. blll uphold il InIhat iepair durins Ihe \Vhole years
of Ihe taek.
14. If Ihe inelemency of Ihe weather, inundalion, or
calamit)' of war, Ihould have brollgh¡ upon ¡he erop an
extraordinary damoge (p/UI guam to/erabi/e). Ihe land·
16rd had, by Ihe !tontanlaIV, no c1aimfo( any part of Ihe
taek·duty: If the damage was more moderate, he mighl
exaél Ihe full rento !t is no ~'here defincd, what desree
of' fierililY or d.vallation makes a lofs not to be borne;
but the seneral rule of the Romao bw feems to be mad~
ours. . Tenan~8 are'obliged lO pay 00 puplic burdeos, to
whieh they are not cxpreflly bound by Iheir taek.s, exeept
mill·fervices.
J). Tacks may be evaeuated during their eurrency, l.
In Ihe fame manner as feu· rights, by the taekfman's run,
diÍlg ·in arrear of his tack·guty for two years together.
This irrilaney may be prevented by the teoant's making
payment at the bar befare fentenee. 2. Where. Ihe te·
nant either runs in arrear of one' year's reot, or leaves
hii farm uoeuhivmd at the ufual feafon; io which eafe
4e n!ay be ordained to SiTe feeurity for the arreari, and
kr me rent of tbe five followins erops, if Ihe rack (hall
fubfill fo loog; otherwife, to remove, as if Ihe lack \Vere
at an eod. 3. Tacks may be evaeuated at aoy time, by
\he- mutual eonfent of- parties..
16. The landlord, \Vhen he ioteods to remove a tenaol
whofe taek is expiring, or wbo polrelres·without a tack,
mull, upoo' a preeept figned by himfelf, waro the tenant
forty dayr preeediog me lerm of Whitfuoday. al or im·
medimly preeeding the ilh, perfonally, or al his dweU·
ing houCe, to remove at that term, lVitb his family aod
eJfeéls. Thi, preeepl mull be alfo cxecuted on the ground
of the laods, and Ihereafter read in the pari(h.chureh
\IIhere Ihe landslie, afler the moroiogfmiee, and affix~d
\() the moll patcnt door tbereof. Whitfrnday, though
it be a moveable feaJl, is, in quellions of removing, 6xed
lO the I ¡Ih on.-lay. lo w~rnings from teoemeots with·
io borough, it is fuffi,ient that the lenaot be waroed forty
days before the i(h of the rack. whether It be Whitfun·
.day or Martiomas ; and in thefe the eeremony of ehalk·
inS the doar is fullained ~s ,,!aroing, wheo proceediog up'
on a .érbal order from the proprietor.
, i7: This procefs of -warning was preeifely neeelrary
for founding '0 at!ion.ofremoving ~gaioU lenants, tillAét
of federuot of the.eourt of Seffion, Dtc. t4' t756, IVhieh
k aves it in the option of Ihe proprietor, eithcr to ufe the
former method, or 10 bring his aétioAof remuving before
Ihe .Judge ordinary; which, if it be e¡lIed forty days be·
fore the f¡id termof Whitfunday, Ihall be hcld as equal
10 a warning. Whm the tenant is bound, by :io exprefs
clat~fe of his tack, tO remove at the i(h withoul warning,
futh oblig.rion is, by the faid aél, declared to he a fuf·
"'amot for Ictters of horning, upon whieh. if the
hndlord eharge his leoant rcrty days before the faid
Whitfonday, the judge is authorifed tO ejeél him wi:hin
(IX days aftcr the tenn ~f remoyins cxprclrcd in tbe tack.
VO~. n. No. 64. 2
i8. Aélions of removios might, eveo before !his aél
of fe¿crunt, have beeo purfued without any previou!
warnfng, l . Agaioll vieious pcífelrors: i.'e: perfoos who
feized the polrcllioo by furee, or who, withom anjl
legal title, bad intruded ioto it, after the lall pofi'clroc
had giveo ir up. 2••Againfi po{relrors who had a oaked
toleranee. 3. Agaio!l tenants who had ruo in arrear of
rent, dmiog the eur¡eocy of their taeks. , 4. Again fueh
as had fold their laoOs,. ~nd yet continucd to polrefs aft~r
the term of the purehafer's entry. Upoo the fa'!le ground,
waroing was oot required, in renlovings againfi polr,lrors
of Eferented Iands, aftet the"deatli of th~ liferenter wh~
died in the oatural p.olrcllion: Bm if he polreffed by lé.
nants, . t~eCe tenants coul,d oot be difiurued io .their poc.
fellioos ull the next Wh!tCunday,. that .they nhght ha~e
time to look out for other fatms; but they might bo
eompe:lcd to remov. at that term, by an at!ioll of re:no'
ving,.without warniog.
19. A landlord's litle 'io a rcmol'iog, let i! be ever fa.
lame, cannot be brousht uoder quefiion by a tenaot whoCe
rack flows immediately from him; but, if he is to in~rt
againll tenants nOI his own. h.!s risht mufl be perfeéled
by infeftmeot, urilefs it befu ch as requires noiofeflmeot,
asteree, &c.
• 20. The defender, in á removi~g, mull, before offer.
i~e any defenee which is not illfiantly verified, gire feeu.
rity. lo pay to the feller the violent pronts, ifthey.Jhould
be awarded' agaioll him. Thefe are fo eaUed, becauCe
the laweonfiders the te~ant's .polreffion after the w~rning
as .iolent. They are ellimated, in teoements within
horoush, to doublethe rent; and inlaods, tOlhe .hishefl
profits the purfuer eould ·ha.e made of tltem, by polref.
Gog themeilher by :i teo,ot; or by bimfeif.
21. If Ihe aétion of re010ving (hall be palred f(om, ot
if the landlord Ihall, after ufing warning, aceept of reot
from the tenant, for any termfubCequent to that of tht
he is prefumed to .have changed his mind, and
latít relocation takes place. AII aélions of removing a·
cainll .lhe principal or .original tackfman, and deeree.
Ihereupon, if the order be ufed, whieh is fe! fOrth ¡.pra,
§ t7. are, by the aét of federuot 17SS, declared tO De
elfeélual agaio the . nisnees to the tark, or fubteoao!s.
22. The landlord !135, in fecurity of his tack.duty,
over and above the teoan!'s perfonal obligation, a taeil
pledge or hypothec, nOI onlyinthe fruits, but in the eat·
tle pafiuring onthe ground. The eorn, and cther fruit!,
are hypothecmd fOI the reot of that )'m whmof they
are .the cr~p; for which they re!~ain a~eéled, thoug!)
the laodlord lhoulJ not ufe his right for years togclher.
23. The whole eattle 00 the ground, confidered as a
quantity, are hypolhee,ted for a year's rent, or,e after
aoother Cuccelli,ely. The landlord may apply this hy.
pothee payment uf the pall year's rent, at any time wirh·
in time months from the 1,1l terot of pay'
mento arter which it ceafes for that lear. As the te ·
n,nt may inercafe the fuhjtél of this hypotltec. by puro
eh:lfing oxen, (he,·p, &e. fo he e~l1 impair it, by feUing
par! of his fiock; but ir the I~ntllorrl furpeéls thelenaot's
managcmeot, he may, hy f~qucnrntion Or roinding, makc
his righ!, ",hich was before r,encr.1 upon the Ilhole nock,
fpeciol "peo every iodividual•. A fupcr¡or has alfo a hr'
t 9 U pothcc