APPENDIX. 51 



wafte if he pulls it down without the confentof the landlord ; or if it was ruinous at the com 

 mencement, and he fuffers it to be more ruinous ; fo if the tenant fuffers glafs windows to be 

 broke or carried away, or the wainfcot, benches, doors, furnaces, or the like, which are fixed 

 to the houfe, to be removed, although they were originally fixed, by the tenant, by nails, fcrews, 

 or otherwife. It is alfo wafte if he permits the walls of a houfe to be decayed for want of 

 plafteringjwhereby the timber is rotted or the chambers of a houfe, though the timber be not 

 thereby rotted ; fo if he does not fcour a drain, whereby the ground timber is decayed fo it will 

 be wafte if the walls are fuffered to go to decay, though the timber was in decay at the com 

 mencement of the leafe ; and it will be wafte though there be no timber upon the land demifed 

 for repairs;or though the houfe was uncovered by or damaged by tempeft,if it be fuffered after 

 wards to remain in decay ; fo it will be wafte if the tenant pulls down the houfe and rebuilds it 

 lefs than before, or if he rebuilds it larger to the prejudice of the landlord; for it is more charge 

 to repair. So if the tenant alters the houfe to the landlord s prejudice : as, if he converts a 

 parlour into a ftable, or changes a corn-mill to a cotton or fulling-mill, or the like. So it 

 may be wafte to turn two rooms into one; for if it would be for the leffor s advantage, it 

 may be fhown on the other fide. So it will be wafte if the tenant builds a new houfe, and 

 afterwards fuffers that to be decayed. 



However, in all queftions refpecting wafte it is to be obferved that, in regard to the repairs of 

 houfes the tenant is not liable thereto, unlefs he holds the premifes under a leafe for a term 

 of years, but the burthen thereof lies on the landlord. Thus, in the cafe of a tenancy at will, or 

 from year to year, the landlord is under an obligation to keep the premifes in tenantable re 

 pair ; but where there is an actual leafe the charge of repairing, without any exprefs covenant 

 for that purpofe, is upon the tenant, reafonable or ordinary wear and ufe being allowed. 



But, if the houfe was uncovered at the commencement of the leafe, it is no wafte if the 

 tenant fuffers it to fall into further decay, without pulling it down ; or if the walls were un 

 covered, or infufficiently fupported ;or if the houfe was ruinous and the tenant fuffers it to be as 

 it was, without permitting it to become more ruinous. So alfo it is no wafte if the tenant 

 removes furnaces, coppers, or other utenfilsof trade, though fixed to the freehold, if he removes 

 them before the expiration of his term ; but if he permits them to remain after the expiration 

 of the term, he cannot remove them, for they are then vefted in the reverfioner or landlord. 



In like manner green and hot-houfes are removable ; fo a barn creeled on the premifes upon 

 blocks of timber ; and this notwithilanding there be a covenant to leave all buildings which- 

 then were orfhould be erecled on the premifes in repair; for fuch covenant means that the 

 tenant (hall leave all buildings annexed to and become part of the reverfionary eilate ; but if the 

 tenant will actually build, he muft leave the buildings for the benefit of the landlord, thus, 

 if the tenant erect a beaft-houfe, a carpenters (hop, cart-houfe, pump houfe or fold-yard wall, 

 kiting fuch buildings into the ground r ,he cannot remove the fame ; for there is adiftinction between 

 erections neceffary to the purpofcs of trade or manufactures, fuch as hot-houfes or the like, and 

 thofe that are requifite in order to the enjoyment of the land demifed, fuch as beaft-houfes and 

 the like ; and therefore thofe of the latter defcription are not removable by the outgoing tenant,,. 

 but muft remain for the benefit of the inheritance. 



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