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Latin. More than can be borne or endured. A form tenant is entitled, in certain cases, to an abatement of rent, where his crops have suffered extraordinary damage, extraordinary, both in extent and in the cause from whence the damage arises. Though the tenant should have got possession, and sown his arable grounds, the landlord cannot, by the Roman law, claim any part of the rent of that year, if inundation, the calamity of war, the corruption of the air, or the inclemency of the weather, by earthquakes, lightning, &c., hath brought upon the crop a damage plus quam tolerabile; but if the loss be more moderate, he may exact the full rent. These rules have been adopted into the law of Scotland, not only in the opinion of writers, but by decisions, so far as they have gone in that matter. The risk of the seasons is, however, one of the risks undertaken by the tenant, and therefore it must be an event of such a character as cannot reasonably be supposed to have been contemplated by either of the parties to the lease, or to have entered into their calculations, which alone can warrant the tenant's claim ...
