reſpective intereſts, hold over and continue in poſſeſſion of the lands or tenements, they are now adjudged to be treſpaſſors; and the reverſioner or remainder-man may once in every year, by motion to the court of chancery, procure the ceſtuy que vie to be produced by the tenant of the land, or may enter thereon in caſe of his refuſal or wilful neglect. And, by the ſtatutes of 4 Geo. II. c. 28. and 11 Geo. II. c. 19. in caſe after the determination of any term of life, lives, or years, any perſon ſhall wilfully hold over the ſame, the leſſor is entitled to recover by action of debt, either a rent of double the annual value of the premiſes, in caſe he himſelf hath demanded and given notice in writing to deliver the poſſeſſion; or elſe double the uſual rent, in caſe the notice of quitting proceeds from any tenant having power to determine his leaſe, and he afterwards neglects to carry it into due execution.
A man is anſwerable for not only his own treſpaſs, but that of his cattle alſo: for if by his negligent keeping they ſtray upon the land of another (and much more if he permits, or drives them on) and they there tread down his neighbour’s herbage, and ſpoil his corn or his trees, this is a treſpaſs for which the ovner muſt anſwer in damages. And the law gives the party injured a double remedy in this caſe; by permitting him to diſtrein the cattle thus damage-feaſant, or doing damage, till the owner ſhall make him ſatisfaction; or elſe by leaving him to the common remedy in foro contentioſo, by action. And the action that lies in either of theſe caſes, of treſpaſs committed upon another’s land either by a man himſelf or his cattle, is the action of treſpaſs vi et armis; whereby a man is called upon to anſwer, quare vi et armis clauſum ipſius A. apud B. fregit, et blada ipſius A. ad valentiam centum ſolidorum ibidem nuper creſcentia cum quibuſdam averiis depaſtus fuit, conculcavit, et conſumpſit, &c[1]: for the law always couples the idea of force with that of intruſion upon the property of another. And herein, if any unwarrant-
- ↑ Regiſtr. 94.
