EMBLEMENTS (Fr. embler, or embhaver, to sow with corn. The profits of the land sown). The right of a tenant to take and carry away, after his tenancy has ended, such annual products of the land as have resulted from his own care and labor. Coke, Litt. 55 b; 4 Harr. & J. Md. 139; 3 Barnew. & Ald. 118.
It is a privilege allowed to tenants for life,, at will, or from year to year, because of the uncer tainty of their estates and to encourage husbandry. If; however, the tenancy is for years, and its dura tion depends. upon no contingency, a tenant when he sows a orop must know whether his term will continue long enough for him to reap it,, and is not permitted to re-enter and cut it after his term has ended. 4 Bingh. 202; 10 Johns. N. Y. 361; 5 Ralst. N. J. 128.
2. This privilege extends to cases where a lease has been unexpectedly terminated by the act of God or the law; that is, by some unforeseen event which happens without the tenant's agency : as, if a lease is made to husband and wife so long as they continue in that relation, and they are afterwards di vorce& by a legal sentence, the husband will be entitled to emblements. Oland'e case, 5 Coke, 116 b. A similar result will follow if the landlord, having the power, terminates the tenancy by notice to quit. Croke Eliz. 460. See other cases of uncertain duration, 9 Johns. N. Y. 112 ; 8 .Viner, Abr. 364 ; 3 Penn. St. 496. But it is otherwise if the tenancy is determined.hy an act of the tenant which works a forfeiture: as if, being a woman, she has a lease for a term of years provided she remains so lung single, and she terminates it by marrying ; for this is her own act. 2 Barnew. & Ald. 470 ; 1 Price, Exch. 53 ; 8 Wend. N. Y. 584. A landlord who re-enters for. a forfeiture takes the cm,. blements. 7 Bingh. 154, 3. All such crops as in the ordinary course of things return the labor and expense be stowed upon, them within the current year become the subject of emblements,—ecnsist ing of grain, peas, beans, hemp, flax,, and annual roots, such as parsnips, carrots, tur nips, and potatoes, as well as the artificial grasses, which are usually renewed like other crops. But such things as are of sponta neous growth, as roots and trees not and the fruit on such trees, although ripe, and grass growing, even if ready to cut, or a second crop of clover, although the first crop taken. before the end of the term did not repay the• expense of cultivation, do not fall within the description of emblements. Croke Car. 515 ; Croke Eliz. 463 ; 10 Johns. N. Y. 361; Coke, Litt. 55 b; Taylor, Landl. & Ten. 534.
4. But although a tenant for years may not be entitled to emblements as such, yet by the custom of 'the country, in particular districts, he may be allowed to enter and reap a crop which be bae sown, after his lease has expired. Dougl. 201; 16 East, 71 ; 7 Bingh.
465. The parties to a lease may, of course, regulate all such matters by an express stipu lation; but in the absence of such stipulation it is to be understood that every demise is open to explanation by the general usage of the country, where the land lays, in re spect to all matters about which the lease is silent;: and every person is supposed to be cognizant of this custom and to contract in reference to it. 2 Pet. 138 ; 5 Binn. Penn, 285. The rights of tenants, therefore, with regard to the away-going crop will differ in different sections of the country : thus, in Pennsylvania and New Jersey a tenant is held to be entitled to the grain sown in the autumn before the expiration of his lease, and coming to maturity in the following sum mer, 1 Penn. 224; 2 Watts & S. Penn. 22; 2 South. N.J. 460 ; while in Delaware the same custom is said to prevail with respect to wheat, but not as to oats, 1 Harr. Del. 522.
5. Of a similar nature is the tenant's right to remove the manure made upon the farm during the last year of the tenancy. Good husbandry, which, without any stipula tion therefor, is always implied by law, re quires that it should either be used by the tenant on the farm, or left by him for the use of his successor ; and such is the general rule on the subject in England as well as in this country. 15 Wend. N. Y. 169 ; 2 Hill, N. Y. 142; 2 N. Chipm. Vt. 115; 1 Pick. Mass. 371. A different rule has been laid down in South Carolina, 2 Ired. No. C. 326 ; but it is clearly at variance with the whole current of American authorities upon•this point. Straw, however, is incidental to the crop to which it i belongs, and may be removed in all cases where the crop may be. 22 Barb. N. Y. 568 ; 1 Watts 86 S. Penn. 509.
6. There are sometimes, also, mutual pri vileges, in the nature of emhlements, which are founded on the common usage of the neighborhood where there ie no express 'agreement to the contrary, applicable to both outgoing and incoming tenants. Thus, the outgoing tenant may by custom be en titled to the privilege of retaining possession of the land on which his away-going crops are sown, with the Use of the barns and stables for housing and carrying them away; while the incoming tenant has the privilege of entering during the continuance of the old tenancy for the purposes of ploughing and manuring the land. But, independent of any custom, every tenant who is entitled to emblements has a right of ingress, egress, and regress to cut and carry them away, and the same privilege will belong to his vendee,—neither of them, however, having any exclusive right of possession. Taylor, Landl. & Ten. 543.