APPENDIX. 



-Bill cutting down trees which are not timber, nor fland for the defence of the houfe, is not 

 wafte, n-&amp;gt;r trees that were timber, when they are dead. So cutting the underwood of oak, am, 

 willow, or the like, is ncrwitfte^ fo the cutting down bufhes, white-thorn, and the like, is no 

 wafte ; fo cutting down timber for neceffary Ivies, allowed by law to the tenant, is no wafte 

 as for fuel, plough-bote, hedge-bote, cart-bote, and the like ; or for repairs, fuchas the repair 

 of pales, gates, fences, and the like, though the tenant covenants to repair at his own charge, 

 for this does not take away the liberty which the law allows ; fo though the landlord covenants 

 to repair ; or if it be for the repair of things ufeful, though they are not abfolutely neceflary, fuch 

 ^sfor water-troughs to be fixed in the ground for his cattle. 



The remedy of the landlord againft the tenant for wafte is either under the ftatute of GIou- 

 cefter, 6 Ed. I. c. 5 ; whereby it is enacted, that if tenant for life or years do wafte, he fhall 

 forfeit the place walled, and treble damages, or by a fpecial aftion on the cafe in nature of 

 wafte. 



But here it is necefTary to obferve, that the tenant (hall not be fued under the ftatute for wafte, 

 if the value does not amount 1035. 4d.; and therefore, if wafte is found only to the value of 

 35, or lefs, no judgment fhall be given, though the defendant confefs the wafte \ and if judg 

 ment is given for the plaintiff, it will be error. 



Accordingly, in the cafe of Harrow Schoolv, Alderton, 1 Bof. and Pu!. 86.; where, in an 

 aftion of wafte, on the ftatute of Gloucefter, the jury gave only three farthings damages ; the 

 defendant had leave to enter up judgment for himfelf. 



CHAP. VIII. 



Wrongs in r effect of the Rights of Tenants. 



IF there is tenant for life or years of lands, the tenant has no property in the trees growing 

 &amp;lt;&amp;gt;n the land ; and even if the claufe in the leafe is without impeachment of wafte, it gives no pro 

 perty, but is merely an exemption from an action. 



Yet if a ftranger cuts any down, the tenant may maintain trefpafs ; but he fhall not recover 

 damages for the value of the trees, becaufe the property of them is in the landlord. 



Alfo tenants for life, years, or at will, are liable to, or may have an action of trefpafs, ia 

 refpect of the emblements or -crop growing on the lands^ on the determination of&quot; their eftates. 



And the doctrine of emblements extends not only to corn fown, but to roots planted, or other 

 annual artificial profits. 



Hops growing out of ancient roots have been held to be like emblements, which (hall go to 

 the hufband or executor of the tenant for life, and not to the landlord, and are not to be com 

 pared to apples or fruits, which grow of themfelves. 



But it is otherwife of fruit-trees, grafs, and the like, which arc not planted annually at the 

 ^xpenfe and labour of the tenant, but are either a permanent or a natural profit of the earth. 



In fome cafes, he who fows the corn (hall have the emblements j in others not, 



