Encyclopaedia Britannica; or, A dictionary of arts and sciences, compiled upon a new plan … > Volume 2, C-L

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p:n all the houfes and office houfes, neceflary for the
farm, in good condition at the tenant’s entry; and the
tenant mult keep them and leave them fo at his removal.
But in tacks of houfes, the fetter mull not only deliver
to the tenant the fubjeft fet, in tenantable repair at his
entry, but uphold it in that repair during the whole years
of the tack,
14 If the inclemency of the weather, inundation, or
calamity of war, Ihould have brought upon the crop an
extraordinary damage (plus qitam tolerabile), the land¬
lord had, by the Roman law, no claim for any part of the
tack-duty : If the damage was more moderate, he might
exadt the full rent. It is nowhere defined, what degree
of lierility or devaftation makes a lofs not to be borne ;
but the general rule of the Roman law feems.to be made
.ours. Tenants are obliged to pay no public burdens, to
which they are not exprefsly bound by their tacks, except
mill-fervices.
15. Tacks maybe evacuated during their currency,' i.
In the fame manner as feu-rights, by the tackfman’s run¬
ning in arrear of his tack-duty for two years together._
This irritancy may be prevented by the tenant’s making
payment at the bar before fentence. 2. Where the te¬
nant either runs in arrear of one year’s rent, -or leaves
his farm uncultivated at the ufual feafon ; in which cafe
he may be ordained to give fecurity for the arrears, and
for the rent of the five following crops, if the tack lhall
fubfift fo long; otherwife, to remove, as if the tack were
at an end- 3. Tacks may be evacuated at any time, by
the mutual confent of parties.
16. The landlord, when he intends to remove a tenant
whofe tack is expiring, or who poffelfes without a tack,
mull, upon a precept figned by himfelf, warn the tenant
forty days preceding the term of Whitfunday, at or im¬
mediately preceding the ifh, perfonally, or at his dwell¬
ing houfe, to remove at that term, with his family and
effedts. This precept mult be alfo executed on the ground
of the lands, and ^thereafter read in the parilh-church
where the lands lie, after the morning fervice, and affixed
to the moft patent door thereof. Whitfunday, though
it be a moveable feaft, is, in queftions of removing, fixed
to the 15th of May. In warnings from tenements with¬
in borough, it is fufficient that the tenant be warned forty
days before the iffi of the tack, whether it be Whitfun¬
day or Martinmas ; and in thefe the ceremony of chalk¬
ing the door is fuftained as warning, when proceeding up¬
on a verbal order from the proprietor.
17. This procels of warning was precifely neceflary
for founding an adtion of removingagainft tenants, tilladl
of federunt of the court of Selfion, Dec. 14. 1756, which
leaves it in the option of the proprietor, either toufe the
former method*- or to bring his adtion of removing before
the Judge ordinary; which, if it be called forty days be¬
fore the faid term of Whitfunday, {hall be held as equal
to a warning. Where the tenant is bound, by an exprefs
daufe of his tack, to remove at the iffi without warning,
fuch obligation is, by the faid adt, declared to he a fuf¬
ficient wairant for letters of horning, upon which, if the
landlord charge his tenant forty days before the faid
Whitfunday, the judge is authorifed to ejedt him within
fix days after the term of removing expreffied in the tack.
Vox.. II. No. 64. 2
W. 909
18. Adtions of removing might, even before this adt
of federunt, have been purfued without any previous
warning, 1. Againlt vicious poffeflbrs, /. e. perfons who
had feized the pofleffion by force, or who, without any
legal title, had intruded into it, after the laft poffeffi-r
had given it up. 2. Againlt pofleflbrs who had a naked
tolerance. 3. Againlt tenants who had run in arrear of
rent, during the currency of their tacks. 4. Again fuch
as had fold their lands, and yet continued to polfefs after
the term of the purchafer’s entry. Upon the fame ground;
warning was not required, in removings againlt polLlTors
of liferented lands, after the death of the liferenter who
died in the natural pofleffion : But if he polFelTed by te¬
nants, thefe tenants Could not be difturbed in their pof-
feffions till the next Whitfunday, that they might have
time to look out for other farms; but they might be
compelled to remove at that term, by an action of remo-'
ving, without warning.
19.. A landlord’s title in a removing, let it be ever fa
lame, cannot be brought under quellion b*y a tenant whofe
tack flows immediately from him; but, if he is to inlift
againlt tenants not'his own, his right muft-be perfected
by infeftment, unlefs it be fuch as requires no infeftment,
as terce, &c.
20. The defender, in a removing, mult, before offer¬
ing any defence which is not inltantly verified, give fecu¬
rity to pay to the fetter the violent profits, if they ffiould
be awarded againft him. Thefe are fo called, becaufe
the law confiders the tenant’s poffeffion after the warning
as violent. They are eftimated, in tenements within
borough, to double the rent; and inlands, tothehigheft
profits the purfuer could have made of them, by poffef-
fing them etcher by a tenant, or by himfelf.
21. If the aCtion of removing ffiall be palled from, of
if the landlord ffiall, after ufing warning, accept of rent
from the tenant, for any term fubfequent to that of the
removal, he is prefumed to have changed his mind, and
tacit relocation takes place. All actions of removing a-
gainft the principal or original tackfman, and decrees
thereupon, if the order be ufed", which is fet forth fupra,
§ 17. are, by the aCt of federunt 1755, declared to be
effectual again the aflignees to the tack, or fubtenants.
22. The landlord has, in fecurity of his tack-duty,
over and above the tenant’s perfonal obligation, a tacit
pledge or hypothec, not only in the fruits, but in the cat¬
tle palluring on the ground. The corn, and other fruits,
are hypothecated for the rent of that year whereof they
are the crop; for which they remain affeCted, though
the landlord ffiould not ufe his right for years together.
23. The whole cattle on the ground, confidered as a
quantity, are hypothecated for a year’s rent, one after
another fucceffively. The landlord may apply this hy¬
pothec payment of the paft year’s rent, at any time with¬
in three months from the laft conventional term of pay¬
ment, after which it ceafes for that jear. As the te¬
nant may increafe the fubjeCt of this hypothec, by pur-
chafing oxen, Iheep, &c. fo he can impair it, by felling
part of his ftock ; but if the landlord fufpeCts the tenant’s
management, he may, by fequeftration or poinding, make
his right, which was before general upon the whole ftock,
fpecial upon every individual. A fuperior has alfp-i hy~
9 U pother