2 APPENDIX. 



SECONDLY; m-io gardens, orchards, and the like : wafte may be committed therein, iffhe 

 tenant cuts down pear-trees, apple-trees, or other fruit-trees : or if they are thrown down by 

 tcmpeft, and the tenant afterward roots them up, or cuts down the germens growing, without 

 .planting new. 



So if the tenant deftroys or fuffers the ftock of a dovecote, warren, park, fifh-pond, pool, or 

 the like, to be diminifhed, or throws down the pales of a park or warren, or ftops up the holes 

 ef a dovecote, or throws down the banks of a fifh-pond. But if the tenant kills or deftroys, yet 

 :it is no wafte if he leaves a fufficient ftock. 



THIRDLY ; as toland: it will be wafte if the tenant fuffers the fea to furround arable land, 

 -meadow, or pafture ; or if he fuffers a wall or bank againft the fen, a river, or the like, to be 

 .ruinous ; by which the water funounds or overflows the land, and renders it ufelefs : fo if he 

 digs up the furface of the land, and carries it away ^ or if the tenant converts arable to wood, 

 or wood land to arable, it will be wafte, or meadow to arable or pafture; or meadow to orchard 

 or hop-ground though it be done for the amelioration of the foil or a hop-ground to tillage. 



So if a tenant for life or years opens new -mines in land,, demiied without mention of mines, 

 it will be wafte; fo if he^digs for gravel, lime, clay, brick-earth, ftone, or the like, in pits not 

 open. 



But it is not wafte if land is forrounded or overflowed by the violence of a tempeft, or if 

 pafture be converted to tillage for the Improvement of the foil, where it has been fometimes 

 .pafture and fometimes arable ; or if it was flocked with rabbits, it not being a warren by charter 

 or prefcription ; fo if it was a warren. So it is no wafte if the land lies fallow,though it is bad 

 hufbandry ; or if trenches are dug in a meadow to draw off the water; or if woad or the like 

 be fown againft the end of the term, though it is not ripe for feveral years. 



So it is not wafte to dig for ore, coal, or the like, in mines open at the time of the leafe ; or 

 if mines were not demifed, if the land was demifed with all mines ; neither will it be wafte 

 for the rector or vicar to dig for oropen mines in his glebe. 



FOURTHLY; as to timber and other trees-: it is wafte if a tenant cuts down timber: and oak, 

 .afh, and elm, are timber cifter the age of twenty years, throughout the realm ; and in fome 

 counties, where fuch timber is fear ce, beech, willow, hornbeam, and other trees, may be ac 

 counted timber, if they have been fo deemed by cuftorn and immemorial ufage : And there 

 fore if a tenant cuts down trees, which by law, or the immemorial ufage and cuftom of the 

 country, are efteemed timber, it will be wafte; fo it will be wafte if the tenant does an act by 

 which the timber decays, as if he lops and tops them j fo if he cuts down birch, willow, maple 

 or other trees, which are not timber, if they were growing in defenceof the houfe ; or if he 

 roots up or deftroys quickfets of white-thorn and the like; fo if he extirpates or deftroys the 

 germens of underwood, which may be cut. It will alfo be wafte if the tenant cuts down trees 

 for fuel, when there is dead and decayed wood fufficient ; or if he cuts down, for new pales, 

 fences, a houfe, or the like, where none were before ; fo it is wafte if the tenant fells the trees, 

 and with the money repairs or afterwards re-purchafes and ufes for repairs : fo if he cuts dowis 

 for repairs which arc not ncceffary, or for repairs when there (hall be no occafion, or for 

 repairs w-hich happened by his own default. 



