quent rent day, he is liable to an action for use and occupation (9414) in proportion to double rent, for so long as he held over; and

9421. Distress.-If, after the right of charging double rent has accrued, a tenant retains possession until a subsequent rent day, he is liable to a distress for such double rent in like manner as for ordinary rent (9078); and

9422. Continuing Double Rent.-Should a tenant who has, by holding over, incurred a liability to pay double rent, continue to hold over until a subsequent rent day, and then voluntarily pays double rent, the payment and acceptance, as against both parties, is a creation of a new annual tenancy on the same terms and covenants as the original tenancy, subject to double rent throughout; notwithstanding,

9423. Damages.-When a tenant holds over after the expiration of his tenancy, and the landlord has let the premises to another tenant, the tenant who holds over is liable, in addition to paying double rent, to damages for any injury to the excluded tenant which the landlord may be called upon to answer to; and

9424. Ejectment.-Under any circumstances, a landlord to whom the right has accrued of charging double rent for holding over, is not bound to accept it as satisfaction, but may proceed against the tenant as a tenant on sufferance-by ejectment.

RECOVERY OF POSSESSION.

9425. By Violence.-According to some authorities, it is held that when a tenant holds over, the landlord may, if he chooses, take off the roof or pull the house down, whilst the tenant is still in possession; and

9426. Poor Tenants.-No doubt such a course has often been pursued with impunity towards poor tenants who were too destitute to bring an action; but,

9427. Risks of Violent Recovery.-Physical violence by a landlord, without a regular process of legal ejectment (9430), is by no means a safe course to pursue in endeavouring to procure re-entry upon his premises; for,

9428. Limitation of Right.-It has been laid down that the right of a landlord to re-enter premises which are held over, is limited to his doing so in a quiet and peaceable manner; and

9429. Assault or Trespass.-The dictum has been authoritatively propounded that if a landlord, under any circumstances, breaks into premises whilst they are still in possession of his tenant, or does any act by force whereby a breach of the peace may be caused, he is

liable to an indictment or an action for assault or trespass at the option of the tenant; therefore,

EJECTMENT.

9430. By Action. - When a tenant holds over, and the landlord is passively resisted in his efforts to obtain possession, by the doors being kept fastened, his only safe remedy is by an action of ejectment; but,

9431. Endless Details.-A landlord's power to eject a tenant is so limited and varied by legal enactments, decisions, and the multifarious circumstances under which it may be exercised, that no reasonable space would suffice to enter upon the various details which may be involved; therefore,

9432. Legal Assistance.—In all cases of ejectment, or attempt at ejectment, the landlord or the tenant who may consider that he is aggrieved, or that his interests are imperilled, should neither passively submit to any course, nor take action of any sort, without the professional assistance of some legal practitioner who is well experienced in that class of business.

DESERTED PREMISES.

9433. Legal Force.-When a tenancy is ended, and the landlord, on proceeding to recover possession, discovers that there is no one in possession, or has good reason for believing that there is no one in possession, he is then at liberty to break open the door, or enter by any forcible means he may think proper to adopt; and

9434. Tenancy Extinguished.-When once a tenancy is ended, and the landlord has legally obtained possession, all right of the tenant to re-entry or subsequent possession is extinguished.

OUTGOING TENANTS.

9435. Notwithstanding the numberless contingencies under which the amicable termination of a tenancy may be prevented, in the great majority of cases the connection between a landlord and tenant terminates without any dispute as to possession; therefore,

9436. Movable Property.-The most important question to be settled upon the termination of a tenancy is the right of the tenant to fixtures and other matters.

EMBLEMENTS.

9437. Forfeiture.-When a tenant of a farm leaves in conse

quence of a notice, or breach of covenant by him, he forfeits all right to emblements (4630); but,

9438. Clear Title.-When a tenant of a farm leaves in consequence of a notice, trespass (9405), or breach of covenant by the landlord, such tenant is entitled to emblements (4630) and every other incidental advantage which the custom of the district or of the estate may have established.

9439. Use of Barns, &c.—Upon some estates a tenant who is entitled to emblements is also entitled after the tenancy is ended to the use of barns and other accommodation necessary to prepare the produce for market, but that right is by no means universal; on the contrary,

9440. Ingress and Egress.-When an outgoing tenant is entitled to emblements (4630) he is invariably entitled also to ingress and egress for the purpose of gathering and securing the crops when ripe, unless the right be expressly barred; for,

9441. Special Agreements.-The common rights of outgoing tenants, with regard to emblements, customs, and everything else, may be enlarged, curtailed, or varied to any extent by the lease or agreement under which the tenancy has subsisted.

TREES AND PLANTS.

9442. Ordinary Tenancies.-An ordinary tenant (9479) upon leaving premises is not entitled to remove or take away any tree or plant of any kind whatsoever which to that time may have been growing in the soil of the freehold, whether originally planted by him or not; for,

9443. Shrubs and Flower Roots.-It has been clearly and emphatically laid down that a tenant upon leaving premises has no right to uproot any plant, not even the most fragile shrub or flower-root; and

9444. Box-Borders and Evergreens.-Box-borders and other systematically arranged shrubs, together with evergreens and other trees which serve for screens and general ornament of the premises, are expressly exempt from any depredations upon them by an outgoing tenant, though they may all have been put in solely at his expense; and

9445. Flowers.-The extreme doctrine has been judicially laid down that a tenant upon leaving premises has no abstract right even to pluck the flowers of plants growing in the soil of the freehold, though the plants may have been put in by the tenant and at his sole expense; and

2

9446. Landlord's Remedy.-If a tenant upon relinquishing premises plucks the flowers and plants which he has planted and grown, in such a manner as to savour of depredation or plunder, such tenant may be visited by the landlord with restraint or an action for damages; and

9447. Growing Produce.-Fruits and vegetables growing in the occupation of a private individual, carry with them no rights as emblements (9437); and

9448. Doubtful Privilege.—It would appear doubtful whether an outgoing tenant is entitled to gather or take away unripe fruit and vegetables which are far from maturity; on the contrary,

9449. Ripe Produce.-Ripe fruit and vegetables at maturity may be gathered and taken away by an outgoing tenant.

LANDLORD'S FIXTURES.

9450. Everything upon premises at the time they are let, belongs to the landlord, unless there be express evidence to the contrary; therefore,

9451. Permanent Fittings.-All chimney-pieces, locks, keys, bars, bolts, windows, shutters, and doors, with all their respective fittings, upon premises of every description, belong to the landlord, unless the tenant can show a title to them; also,

9452. Permanent Appliances.-Cranes, pulleys, steam engines, weighing machines, boilers, hay cutters, mills, grinding-stones, and everything of any like description, are inviolable property of any landlord who includes them in a letting of premises; and

9453. Landlord's Additions.—Additions made by a landlord, or at his expense, during a tenancy, are his property unless there be evidence to the contrary.

RESTORATION.

9454. When a tenant gives up possession of premises, he is legally bound to restore everything to the state in which he found it, allowance only being made for reasonable wear and use; and

TENANT'S ADDITIONS.

9455. Permanent Structures.-There are certain erections and structures which, though added to premises at the sole expense of a tenant, cannot afterwards be legally severed, hence they also become the property of the landlord; thus,

9456. Buildings.-All kinds of buildings erected by a tenant which have their foundation in the soil, or which are incorporated with any original building, become, with some few excep

tions (9476-9), the property of the landlord, as being affixed to the freehold.

9457. Sundries.-The additions to premises made at the expense of a tenant which usually become the property of a landlord include chimney-pieces, windows, shutters, doors, hot-houses, conservatories (9470), workshops (9477-8), stables, sheds (9476), pigsties (9483), chimneys, and all other structures which are attached in such a way to the earth or to the original building, as to make a digging or substantial breaking away necessary to their removal; and

9458. Removal Illegal.-When once a tenant has built or fixed anything which at the end of the tenancy would become spontaneously the property of the landlord, such tenant has no right to remove such building or fixture, at any time during the tenancy; for 9459. Landlord's Property.—It is the landlord's as soon as it is built or fixed.

TENANT'S FIXTURES.

9460. Ancient Law.-Formerly, it was the recognized law that all things whatever, once fixed, however imperfectly, to premises in the occupation of a tenant, became immediately the property of the landlord; and

9461. Old Traditions.—Old traditions about landlord's rights have survived so potently that in some districts the doctrine is still current, and still submitted to, that a tenant has no absolute right so much as to draw out a nail which he has once advisedly driven into any part of the property of his landlord; but

9462. Exploded Doctrines.-Such a doctrine cannot any longer be maintained against opposition; for

9463. Decisions and Enactments.

The old law, which so severely curtailed a tenant's rights with regard to fixtures, has been relaxed by various decisions and enactments in favour of tenants; provided that,

9464. Care in Removing.—A tenant, in removing his fixtures, is bound to disattach them without causing unreasonable dilapidation.

DOMESTIC FIXTURES.

9465. Everything partially fixed by a tenant to premises in his occupation, for his necessity and convenience, belongs to him, and, as a general rule, may be removed by him; thus,

9466. Fittings.-Chimney-pieces (where there were none before), grates, fire-places, wainscots, cornices, and the like (ií fixed with screws only), hanging-pegs, cupboards, and shelves fixed to walls