CHAPTER VI 

 REMEDIES FOR WASTE 



53. Early Common Law Remedies. Under the 

 early common law the prevention of waste could be effected 

 only through a writ of estrepement or a writ of prohibition 

 of waste. The latter was abolished in the year 1285 A. D. 

 by the statute of Westminster II, and, although the former 

 is still available in Pennsylvania, : and possibly a few other 

 jurisdictions, it has generally fallen into disuse both in Eng- 

 land and America. 2 In modern practice the equitable 

 remedy of injunction is regularly employed for the accom- 

 plishment of the purposes once effected through a writ 

 of estrepement. 3 



By the common law satisfaction for injuries which had 

 actually been committed was obtained through a writ or 

 action of waste. This was a mixed action which sought 

 both the recovery of the premises wasted and recovery 

 of damages. The writ of waste fell into disuse in England 

 and was abolished in 1834. 4 Although adopted in many of 

 the older American states and still retained in a few, 5 

 the writ of waste has generally been superseded in the 

 United States, the same as in England , by an action on the 

 case in the nature of waste. 6 The latter action, which is an 

 action for damages, may be maintained in all cases where 

 the old writ of waste lay and the principles developed under 

 the writ of waste have been applied in actions on the case; 7 



1. See citations in 40 Cyc. 519, 520, Ed. 1904. 



2. See citations in 40 Cyc. 519; and in Am. & Eng. Ency. Law, Vol. 30, p. 273, 2d Ed. 



3. See citations in 40 Cyc. 521, Note 63. 



4. 3 and 4 Wm. IV, Ch. 27, Sec. 36 (A. D. 1833) ; See Stevens v. Rose, 69 Mich. 259, 



37 N. W. 205. 



5. Am. & Eng. Ency. Law, 2d Ed., Vol. 30, p. 274; 40 Cyc. 517. 



6. Stetson v. Day, 51 Me. 434; Shattuck v. Gragg, 23 Pick. (Mass.) 88; Fay v. Brew- 



er, 3 Pick. (Mass.) 203; Roots v. Boring Junction Lbr. Co., 50 Oreg. 298, 92 

 Pac. 811, 94 Pac. 182; Rogers v. Coal River Boom etc. Co., 41 W. Va. 593, 23 

 S. E. 919, 26 S. E. 1008; and numerous American and English citations under 

 note 44, 40 Cyc. 518 and in following pages. 



7. Patterson v. Cunliffe, 11 Phila. (Pa.) 564. 



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