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See also:WASTE (O. Fr. wast, guast, gast, gaste; See also:Lat. vastus, vast, desolate)
, a See also:term used in See also:English See also:law in several senses, of which four are the most important
.
(I) " See also:Waste of a See also:manor " is that See also:part of a manor subject to rights of See also:common, as distinguished from the See also:lord's See also:demesne (see See also:COMMONS, MANOR)
.
(2) " See also:Year, See also:day, and waste " was a part of the royal See also:prerogative, acknowledged by a See also:statute of See also:Edward II.; De Fraerogativa Regis
.
The See also:
Voluntary waste is by act of See also:commission, as by pulling down a See also:house, wrongfully removing See also:fixtures (q.v.), cutting down See also:timber trees, i.e. See also:oak, ash, See also:elm, twenty years old, and such other trees, e.g. See also:beech, as by See also:special See also:custom are counted timber, in the See also:district, opening new quarries or mines (but not continuing the working of existing ones), or doing anything which may—for this is the See also:modern test—alter the nature of the thing demised, such as See also:conversion of arable into meadow See also:land
.
Although an act may technically be waste, it will not as a See also:rule constitute actionable waste, or be restrained by See also:injunction, in the See also:absence of some prohibitive stipulation if it is " ameliorating," i.e. if it improves the value of the land demised (see Meux v
.
Cobley, 1892, 2 Ch
.
253, 263)
.
In the See also:case of " timber estates " upon which trees of various kinds are cultivated solely for their produce and the profit gained from their periodical See also:felling and cutting. the timber is not considered as part of the inheritance but as the See also:annual fruits cf the estate, and an exception arises in favour of the See also:tenant for See also:life (see Dashwood v
.
Magniac, 1891, 3 ('h
.
3o6)
.
Under the Settled
the See also:ancient See also:form of " toasting," the term being applied later to the See also:Christmas feasting and revelries and particularly to the bowl of spiced See also:ale or See also:wine which was a feature of the See also:medieval Christmas
.
One of the earliest references to the See also:wassail-bowl in English See also:history is in the description of the reception of King See also:Vortigern by Hengist, when Rowena " came into the king's presence, with a See also:cup of See also:gold filled with wine in her See also:hand, and making a See also:low reverence unto the king said, ` Waes hael hlaford Cyning,' which is ` Be of See also:health, Lord King.' " In a collection of ordinances for the regulations of the royal See also:household in See also: 3) . Remedies for Waste.—Various remedies for waste have been given to the reversioner at different periods in the history of English law . At common law only single damages seem to have been recoverable . This was altered by the legislature, and for some centuries waste was a criminal or quasi-criminal offence . Magna Carta enacted that a See also:guardian committing waste of the lands in his custody should make amends and lose his See also:office . The statute of See also:Marlborough (1267) made a " fermor " (as above defined) committing waste liable to grievous See also:amercement as well as to damages, and followed Magna Carta in forbidding waste by a guardian . The statute of See also:Gloucester (1278) enacted that a See also:writ of waste might be granted against a tenant for life or years or in See also:courtesy or See also:dower, and on being attainted of waste the tenant was to forfeit the land wasted and to pay thrice: the amount of the waste . This statute was repealed by the See also:Civil See also:Procedure Acts See also:Repeal Act 1879 . In addition to the writ of waste the writ of estrepement (said to be a corruption of exstirpamenium, and to he connected with the See also:French estropier , to lame) See also:lay to prevent injury to an estate to which the title was disputed . This writ has See also:long been obsolete . Numerous other statutes dealt with remedies for waste . The writ of waste was superseded at common law by the " mixed See also:action " of waste (itself abolished by the Real See also:Property See also:Limitation Act 1833), and by the action of trespass on the case (see See also:TORT, TRESPASS) .
The See also:court of See also:chancery also intervened by in-junction to restrain equitable waste
.
At See also:present proceedings may be taken either by action for damages, or by application for an injunction, or by both combined, and either in the king's See also:bench or in the chancery divisions
.
By the Judicature Act 1873, s
.
25 (8), the old See also:jurisdiction to See also: (4) " Waste of See also:assets " or " devastavit " is a squandering and misapplication of the estate and effects of a deceased See also:person by his executors or administrators, for which they are answerable out of their own pockets as far as they have or might have had assets of the deceased (see EXECUTORS AND ADMINISTRATORS) . Executors and administrators may now be sued in the county court for waste of assets (County Courts Act 1888, s . 95) . See also:Scotland.—In Scots law " waste " is not used as a technical term, but the respective rights of fiar and life-renter are much the same as in England . As a See also:general rule, a life-renter has no right to cut timber, even though planted by himself . An exception is admitted in the case of See also:coppice See also:wood, which is cut at See also:regular intervals and Land Act 1882 a tenant for life may grant See also:building, See also:mining and other I allowed to grow again from the rocts . Grown timber is also available to the life-renter for the purpose of keeping up the estate or repairing buildings . Before making use of mature timber for estate purposes, the life-renter should give See also:notice to the fiar . He is also entitled to the benefit of See also:ordinary windfalls . Extraordinary windfalls are treated as grown timber . Life-renters by " constitution " (i.e. by grant from the proprietor) as opposed to life-renters by " See also:reservation " (where the proprietor has reserved the life-See also:rent to himself in conveying the fee to another) have, as a rule, no right to coals or minerals underground if they are not expressed in the grant or appear to have been intended by a testator to pass by his See also:settlement, for they are partes See also:soli . Where coals or minerals are expressed in, the grant, and also in cases of life-rent by " reservation," the life-renter may See also:work any mine which had been opened before the be-ginning of his right, provided he does not employ a greater number of miners, or bring up a greater quantity cf minerals, than the unburdened proprietor did . All life-renters are entitled to such minerals as are required for domestic use and estate purposes . See also:British Possessions.—French law is in force in See also:Mauritius, and has been followed in substance in the civil codes of See also:Quebec (See also:art . 455) and St See also:Lucia (art . 406) . In most of the other colonies the rules of English law are followed, and in many of them there has been legislation on the lines of the English Settled Land Acts . In See also:India the law as to waste is included to some extent in the See also:Transfer of Property Act (No . IV. of 1882) and its amendments . See also:Section Io8 deals with the liabilities of lessees for waste, which may be varied by the terms of the See also:lease or by See also:local usage . The liabilities for waste of persons having under See also:Hindu or See also:Mahommedan law limited interests in reality depend in the See also:main upon those See also:laws and not on See also:Indian statute law . See also:United States.—" In the United States, especially in the Western states, many acts are held to be only in a natural and reasonable way of using and improving the land—clearing See also:wild See also:woods, for example—which in England, or even in the Eastern states, would be See also:manifest waste " (Pollock, Torts, 7th ed., 345) . Thus See also:Virginia, See also:North Carolina, See also:Vermont and See also:Tennessee have deviated in favour of the tenant from English rules, while See also:Massachusetts has adhered to them (Ruling Cases, tit . " Waste," See also:xxv .
380, See also:American notes)
.
In certain states, e.g
.
See also:Minnesota, See also:Oregon and See also:Washington (ibid., p
.
381), the action of waste is regulated by statute
.
See also:Europe.—The French Civil See also:Code provides (art
.
591) that the usufructuary may cut timber in plantations that are laid out for cutting, and are cut at regular intervals, although he is See also:bound to follow the example of former proprietors as to quantity and times
.
This See also:provision is in force in See also:Belgium (Civil Cede, art
.
591)
.
Analogous provisions are to be found in the civil codes of See also:
Io36
.
AuTxoRITIEs.—English law: Bewes, Law of Waste; See also:Fawcett, Law of Landlord and Tenant; Foa, Law of Landlord and Tenant; Wood all, Law of Landlord and Tenant
.
Scots law: See also:Erskine, Principles (See also:Edinburgh)
.
Irish law: Nolan and See also:Kane, Statutes See also:relating to the Law of Landlord and Tenant in Ireland (See also:Dublin) ; See also:Wylie, Judicature Acts (Dublin)
.
American law: See also:Bouvier, Law See also:Diet
.
(See also:Boston and London)
.
Indian law: Shepherd and See also: |
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