XI 



Page 



Section 35. Waste Under a Joint Tenancy or a Ten- 

 ancy in Common 29 



Section 36. The Avoidance of Liability for Waste ... 30 

 Section 37. The Essential Elements of Waste 31 



CHAPTER V 



THE DOCTRINE OF WASTE AS APPLIED TO TIM- 

 BER 



Section 38. The Right of a Tenant to Estovers 32 



Section 39.. Waste in England ' 33 



Section 40. Waste in America 34 



Section 41. General Principles in Both England and 



America 34 



Section 42. Limitations Upon the Amount of Timber 



a Tenant may Cut 36 



Section 43. The Relationship between Possession of 

 Land and Use of Timber must be Inti- 

 mate 37 



Section 44. The Judge and Jury Exercise Broad 



Discretion 39 



Section 45. Local Custom and Previous Use are Im- 

 portant Factors 40 



Section 46. The Express or Implied Terms of a 

 Conveyance or Demise will be given 

 Effect 41 



Section 47. Waste by Tenants in Common 42 



Section 48. A Liberal Construction is Given the Law 

 in America when Land is Cleared for 

 Cultivation 43 



Section 49. The Removal of Timber must be Bene- 

 ficial to the Estate 46 



Section 50. The Cutting of Immature Trees or 

 Those Bearing a Special Relationship 

 to the Land 46 



Section 51. Prudent Husbandry is the Test as to 



Waste 47 



Section 52. Special Statutes Permitting or Forbid- 

 ding the Cutting of Timber 48 



