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EMBLEMENTS (from O. Fr. emblavence de...
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See also:EMBLEMENTS (from O. Fr. emblavence de bled, i.e. See also:corn sprung up above ground) , a See also:term applied in See also:English See also:law to the corn and other crops of the See also:earth which are produced annually, not spontaneously, but by labour and See also:industry. Emblements belong therefore to the class of fructus industriales, or " See also:industrial growing crops " (See also:Sale of Goods See also:Act 1893, § 62). They include not only corn and See also:grain of all kinds, but everything of an artificial and See also:annual profit that is produced by labour and manuring, e.g. See also:hemp, See also:flax, hops, potatoes, artificial See also:grasses like See also:clover, but not See also:fruit growing on trees, which come under the See also:general See also:rule quicquid plantatur See also:solo, solo cedit. Emblements are included within the See also:definition of goods in s. 62 of the Sale of Goods Act 1893. Where an See also:estate of uncertain duration terminates unexpectedly by the See also:death of the See also:tenant, or some other event due to no See also:fault of his own, the law gives to the See also:personal representative the profits of crops of this nature as See also:compensation for the tilling, manuring and See also:sowing of the See also:land. If the estate, although of uncertain duration, is determined by the tenant's own acts, the right to emblements does not arise. The right to emblements has become of no importance in See also:England since 1851, when it was provided by the Landlord and Tenant Act 1851 (s. 1) that any tenant at See also:rack-See also:rent, whose See also:lease was determined by the death or cesser of the estate, of a landlord entitled only for his See also:life, or for any other uncertain See also:interest, shall, instead of emblements, be entitled to hold the lands until the expiration of the current See also:year of his tenancy. The right to emblements still exists, however, in favour of (a) a tenant not within the Landlord and Tenant Act 1851, whose estate determines by an event which could not be foreseen, (b) the executor, as against the See also:heir of the owner in See also:fee of land in his own occupation, (c) an See also:execution creditor under a See also:writ directing seizure of goods and chattels. A See also:person entitled to emblements may enter upon the lands after the determination of the tenancy for the purpose of cutting and carrying away the crops. Emblements are liable to See also:distress by the landlord for arrears of rent, or rent during the See also:period of holding on under the act of 1851 (the Distress for Rent Act 17.37; see Bullen on Distress, 4th ed., 1893).
The term " emblements " is unknown in Scots law, but the heir or representative of a life-rent tenant, a liferenter of lands, has an analogous right to reap the See also:crop (on paying a proportion of the rent) and a right to recompense for labour in tilling the ground. The Landlord and Tenant Act 1851 (s. 1) was in forcein See also:Ireland till 186o, when it was replaced by the Land Act 186o, which gave to the tenant an almost identical right to emblements
(s. 34)•
In the See also:United States the English See also:common law of emblements has been generally preserved. In See also:North Carolina there has been legislation on the lines of the English Landlord and Tenant Act 1851. In some states the tenant is entitled to compensation also from the person succeeding to the See also:possession.
Under the See also:French See also:Code See also:Civil, the outgoing tenant is entitled to convenient See also:housing for the See also:consumption of his See also:fodder and for the harvests remaining to be got in (See also:art. 1777). The same rule is in force in See also:Belgium (Code Civil, art. 1777) ; and in See also: 1578). Similar rights are secured to the tenant under the See also:German Civil Code (arts. 592 et seq.). French law is in force in See also:Mauritius. The common law of England and the Landlord and Tenant Act 1851 (14 & 15 Vict., c. 25, s. 1) are in force in many of the See also:British colonies acquired by See also:settlement In other colonies they have been recognized by See also:statute (e.g. See also:Victoria, Landlord and Tenant Act 189o, No. i io8, ss. 45-48: See also:Tasmania, Landlord and Tenant Act 1874, 38 Vict. No. 12). AuTuoiuTIEs.—English Law: See also:Fawcett on the Law of Landlord and Tenant (3rd ed., See also:London, 1905); Foa, Landlord and Tenant (4th ed., London, 1907). Scots Law: See also:Bell's Principles (loth ed., See also:Edinburgh, 1899). Irish Law: Noland and Kanes, Statutes See also:relating to the Law of Landlord and Tenant in Ireland (loth ed.), by See also:Kelly (See also:Dublin, 1898). See also:American Law: Stimson, American Statute Law (See also:Boston, 1886) ; See also:Bouvier, Law See also:Dictionary, ed. by Rawle (Boston and London, 1897) ; Ruling Cases (London and Boston, 1894-1901), tit. " Emblements " (American Notes). (A. W. Additional information and CommentsThere are no comments yet for this article.
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