The incidents to an eſtate for life, are principally the following; which are applicable not only to that ſpecies of tenants for life, which are expreſſly created by deed; but alſo to thoſe, which are created by act and operation of law.
1. Every tenant for life, unleſs reſtrained by covenant or agreement, may of common right take upon the land demiſed to him reaſonable eſtovers[1] or botes[2]. For he hath a right to the full enjoyment and uſe of the land, and all it's profits, during his eſtate therein. But he is not permitted to cut down timber or do other waſte upon the premiſes[3]: for the deſtruction of ſuch things, as are not the temporary profits of the tenement, is not neceſſary for the tenant's complete enjoyment of his eſtate; but tends to the permanent and laſting loſs of the perſon entitled to the inheritance.
2. Tenant for life, or his repreſentatives, ſhall not be prejudiced by any ſudden determination of his eſtate, becauſe ſuch determination is contingent and uncertain[4]. Therefore if a tenant for his own life ſows the lands, and dies before harveſt, his executors ſhall have the emblements, or profits of the crop: for the eſtate was determined by the act of God; and it is a maxim in the law, that actus Dei nemini facit injuriam. The repreſentatives therefore of the tenant for life ſhall have the emblements, to compenſate for the labour and expenſe of tilling, manuring, and ſowing, the lands; and alſo for the encouragement of huſbandry, which being a public benefit, tending to the increaſe and plenty of proviſions, ought to have the utmoſt ſecurity and privilege that the law can give it. Wherefore, by the feodal law, if a tenant for life died between the beginning of September and the end of February, the lord, who was entitled to the reverſion, was alſo entitled to the profits of the whole year; but, if he died between the beginning of March and the end of Auguſt, the
