TEMPORARY. That which is to last for a limited time; as, a temporary sta-tute, or one which is limited in its operation for a particular period of time after its enactment¹ the opposite of perpetual.

TENANCY or TENANTCY. The state or condition of a tenant²; the estate held by a tenant, as a tenant at will, a tenancy for years.

TENANT, estates. One who holds or possesses lands or tenements³ by any kind of title, either in fee, for life, for years, or at will. See 5 Mann. & Gr. 54; S. C. 44 Eng. C. L. Rep. 39; 5 Mann. & Gr. 112; Bouv. Inst. Index, h . t.

2. Tenants⁴ may be considered with regard to the estate to which they are en-titled. There are tenants in fee; tenants by the curtesy; tenants in dower; tenants in tail after. possibility of issue extinct; tenants for life tenants for years; tenants from year to year; tenants at Will; and tenants at suffrance. When considered with regard to their number, tenants are in severalty; tenants in common; and joint⁵ tenants. There is also a kind of tenant, called tenant to the praecipe. These will be separately examined.

3. Tenant in fee is he who has an estate of inheritance in the land. See Fee.

4. Tenant by the curtesy, is where a man marries a woman seised of an estate of inheritance, that is, of lands and tenements in fee simple or fee tail; and has by her issue born alive, which was capable of inheriting her estate. In this case he shall, on the death of his wife, hold the lands for life, as tenant by the curtesy. Co. Litt. 29, a; 2 Lilly's Reg. 656; 2 Bl. Com. 126. See Curtesy.

5. Tenant in dower is where the hushand of a woman is seised of an estate of inheritance, and dies; in this case, the wife shall have the third part of the lands and tenements of which he was seised at any time during the coverture, to hold to herself during the term of her natural life. 2 Bl. Com. 129; Com. Dig. Dower, A 1. See Dower.

6. Tenant in tail after possibility of issue extinct, is where one is tenant in special tail, and a person from whose body the issue was to spring, dies without issue; or having issue, becomes extinct; in these cases the survivor⁶ becomes tenant in tail after possibility of issue extinct. 2 Bl. Com. 124; and vide Estate tail after possibility of issue extinct.

7. Tenant for life, is he to whom lands or tenements are granted, or to which he derives⁷ by operation of law a title for the term of his own life, or for that of any other person, or for more lives than one.

8. He is called tenant for life, except when he bolds the estate by the life of another, when he is called tenant er autre vie. 2 Bl. Com. 84; Com. Dig. Estates, E 1; Bac. Ab. Estates, See Estate for life; 2 Lilly's Reg. 557.

9. Tenant for years, is he to whom another has let lands, tenements and hereditaments for a term of certain years, or for a lesser⁸ definite period of time, and the lessee⁹ enters thereon. 2, Bl. Com. 140; Com. Dig Estates by grant, G.

10. A tenant for years has incident to, and unseparable from his estate, unless by special agreement, the same estovers to which a tenant for life is entitled. See Estate for life. With regard to the crops or emblements, the tenant for years is not, in general, entitled to them after the expiration¹⁰ of his term. 2 Bl. Com. 144. But in Pennsylvania, the tenant is entitled to the way going crop. 2 Binn. 487; 5 Binn. 285, 289 2 S. & R. 14. See 5 B. & A. 768; this Diet. Distress¹¹; Estate for years; Lease; Lessee; Notice to quit.; Underlease.

11. Tenant from year to year, is he to whom another has let lands or tenements, without any certain or determinate estate; especially if an annual rent be reserved Com. Dig. Estates, R 1. And when a person is let into possession as a tenant, without any agreement as to time, the inference now is, that he is a tenant from year to year, until the contrary be proved; but, of course, such presumption¹² may be rebutted¹³. 3 Burr. 1609; 1 T. R. 163; 3 T. R. 16; 5 T. R. 471; 8 T. R. 3; 3 East 451. The difference between a tenant from year to year, and a tenant for years, is rather a distinction in words than in substance. Woodf., L. & J. 163.

12. Tenant at will, is when lands or tenements are let by one man to another, to have and th bold to him at the will of the lessor, by force of which the lessee is in possession. In this case the lessee is called tenant at will.

13. Every lease at will must be at the will of both parties. Co. Lit. 55; 2 Lilly's Reg. 555; 2 Bl. Com. 145., See Com. Dig. Estates, H 1; 12 Mass. 325; 1 Johns. Cas. 33; 2 Caines' C. Err¹⁴. 314; 2 Caines' R. 169; 17 Mass. R. 282; 9 Johns. R. 331; 13 Johns. R. 235. Such a tenant may be ejected by the landlord at any time. 1 Watt's & Serg. 90.

14. Tenant at suffrance, is he who comes into possession by a lawful¹⁵ demise¹⁶, and after his term is ended, continues the possession wrongfully, and holds over. Co. Lit. 57, b; 2 Leo. 46; 3 Leo. 153. See 1 Johns. Cas. 123; 5 Johns. R. 128; 4 Johns. R. 150; Id. 312.

15. Tenant in severalty, is he who holds land and tenements in his own right only, without any other person being joined or connected with him in point of interest, during his estate therein. 2 Bl. Com. 179.

16. Tenants in common, are such as hold by several and distinct titles, but by unity¹⁷ of possession. 2 Bl. Com. 161. See Estate in common; 7 Cruise, Dig. Ind. tit. Tenancy in Common; Bac. Abr. Joint-Tenants and Tenants in Common; Com. Dig. Abatement¹⁸, E 10, F 6; Chancery, 3 V 4 Devise, N 8; Estates, K 8, K 2 Supp. to Ves. jr. vol. 1, 272, 315; 1 Vern. It. 353; Arch. Civ. Pl. 53, 73.

17. Tenants in common may have title as such to real or personal property; they may be tenants of a house, land, a horse, a ship, and the like.

18. Tenants in common are bound to account to each other; but they are bound to account only for the value of the property as it was when they entered, and not for any improvement or labor¹⁹ they put upon it, at their separate expense. 1 McMull. R. 298. Vide Estates in common; and 4 Kent, Com. 363. Joint tenants, are such as hold lands or tenements by joint tenancy. See Estate in joint tenany; 7 Cruise, Dig. Ind. tit. Joint Tenancy; Bac. Abr. Joint Tenants and Tenants in Common; Com. Dig. Estates, K 1; Chancery, 3 V 1; Devise, N 7, N 8; 2 Saund. Ind. Joint Tenants; Preston on Estates, 2 Bl. Com. 179.

19. Tenants to the praecipe, is be against whom the writ²⁰ of praecipe is brought, in suing out a common recovery, and must be the tenant or seised of the freehold. 2 Bl. Com. 362.