2GO CASE OF IMPEACHMENT OF WASTE. 



were overthrown by winds, and taken away by a stranger. 

 But Knevet saith, although one be guardian, yet the trees, 

 when by their fall they are severed from the freehold, he 

 hath no property of the chattels, but they appertain to the 

 heir, and the heir shall have trespass of them against a 

 stranger, and not the guardian, no more than the bailiff of 

 a manor. So that that book rules the interest of the tree 

 to be in the heir, and goes to a point farther, that he shall 

 have trespass for them ; but of seisure there had been no 

 question. 



2 II. 7.f. 14. So again in 2 H. VII. the words of Brian are, that for 

 the timber-trees the lessor may take them ; for they are 

 his; and seemeth to take some difference between them 

 and the gravel. 



34 E. 3.f. 5. The like reason is of the timber of an house, as appears 

 34 E. III. f. 5. abridged by Brook, tit. waste, pl.-34. when 

 it is said, it was doubted who should have the timber of a 

 house which fell by tempest ; and saith the book, it seems 

 it doth appertain to the lessor ; and good reason, for it is 

 no waste, and the lessee is not bound to reedify it : and 

 therefore it is reason the lessor have it ; but Herlackenden s 

 case goes farther, where it is said that the lessee may help 

 himself with the timber, if he will reedify it ; but clearly he 

 hath no interest but towards a special employment. 



Now you have had a case of the timber-tree, and of the 

 timber of the house, now take a case of the mine, where 



9 E. 4. f. 35. that of the trees is likewise put, and that is 9 E. IV. f. 35. 

 where it is said by Needham, that if a lease be made of 

 land wherein there is tin, or iron, or lead, or coals, or 

 quarry, and the lessor enter and take the tin or other mate 

 rials, the lessee shall punish him for coming upon his land, 

 but not for taking of the substances. And so of great 

 trees ; but Danby goes farther, and saith, the law that gives 

 him the thing, doth likewise give him means to come by 

 it ; but they both agree that the interest is in the lessor. 

 And thus much for the seisure. 



For the grant ; it is not so certain a badge of property as 

 the other two ; for a man may have a property, and yet not 

 grantable, because it is turned into a right, or otherwise 

 suspended. And therefore it is true, that by the book in 

 2 1 H. VI. that if the lessor grant the trees, the grantee 

 shall not take them, no not after the lease expired ; because 

 this property is but de futuro, expectant; but it is as plain 

 on the other side that the lessee cannot grant them, as was 

 resolved in two notable cases, namely, the case of Marwood 



