creditor under a writ directing seizure of goods and chattels. A 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 distress by the landlord for arrears of rent,
or rent during the period of holding on under the act of 1851 (the
Distress for Rent Act 1737; 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 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 force in _Ireland_ till 1860, when it
was replaced by the Land Act 1860, which gave to the tenant an almost
identical right to emblements (s. 34).
In the _United States_ the English common law of emblements has been
generally preserved. In 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 possession.
Under the French Code Civil, the outgoing tenant is entitled to
convenient housing for the consumption of his fodder and for the
harvests remaining to be got in (art. 1777). The same rule is in force
in Belgium (Code Civil, art. 1777); and in Holland (Civil Code, art.
1635) and Spain (art. 1578). Similar rights are secured to the tenant
under the German Civil Code (arts. 592 et seq.). French law is in
force in 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 British colonies acquired by settlement. In other colonies they
have been recognized by statute (e.g. Victoria, Landlord and Tenant
Act 1890, No. 1108, ss. 45-48: Tasmania, Landlord and Tenant Act 1874,
38 Vict. No. 12).
AUTHORITIES.--English Law: Fawcett on the _Law of Landlord and Tenant_
(3rd ed., London, 1905); Foà, _Landlord and Tenant_ (4th ed., London,
1907). Scots Law: Bell's _Principles_ (10th ed., Edinburgh, 1899).
Irish Law: Noland and Kanes, _Statutes relating to the Law of Landlord
and Tenant in Ireland_ (10th ed.), by Kelly (Dublin, 1898). American
Law: Stimson, _American Statute Law_ (Boston, 1886); Bouvier, _Law
Dictionary_, ed. by Rawle (Boston and London, 1897); _Ruling Cases_
(London and Boston, 1894-1901), tit. "Emblements" (American Notes).
(A. W. R.)
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