whole: and, if they do not both agree within ſix months, the right of preſentation ſhall lapſe. But the ordinary may, if he pleaſes, admit a clerk preſented by either, for the good of the church, that divine ſervice may be regularly performed; which is no more than he otherwiſe would be entitled to do, in caſe their diſagreement continued, ſo as to incur a lapſe: and, if the clerk of one joint-tenant be ſo admitted, this ſhall keep up the title in both of them; in reſpect of the privity and union of their eſtate[1]. Upon the ſame ground it is held, that one joint-tenant cannot have an action againſt another for treſpaſs, in reſpect of his land[2]; for each has an equal right to enter on any part of it. But one joint-tenant is not capable by himſelf to do any act, which may tend to defeat or injure the eſtate of the other; as to let leaſes, or to grant copyholds[3]: and, if any waſte be done, which tends to the deſtruction of the inheritance, one joint-tenant may have an action of waſte againſt the other, by conſtruction of the ſtatute Weſtm. 2. c. 22[4]. So too, though at common law no action of account lay for one joint-tenant againſt another, unleſs he had conſtituted him his bailiff or receiver[5], yet now by the ſtatute 4 Ann. c. 16. joint-tenants may have actions of account againſt each other, for receiving more than their due ſhare of the profits of the tenements held in joint-tenancy.
From the ſame principle alſo ariſes the remaining grand incident of joint eſtates; viz. the doctrine of ſurvivorſhip: by which, when two or more perſons are ſeiſed of a joint eſtate of inheritance, for their own lives, or pur auter vie, or are jointly poſſeſſed of any chattel intereſt, the entire tenancy upon the deceaſe of any of them remains to the ſurvivors, and at length to the laſt ſurvivor; and he ſhall be entitled to the whole eſtate, whatever it be, whether an inheritance or a common freehold only, or even a leſs eſtate[6]. This is the natural and regular conſequence of the union and entirety of their intereſt. The intereſt of two joint-
