CUTTING TIMBER BY TENANT FOR LIFE. Ill 



waste" give to the tenant for lile the riglit to fell timber, and also the 

 property of all timber trees felled or blown down, and also of all timber 

 parcel of a bnilding blown down. It has, however, been held {Pvjot v. 

 BuUocTc) that a tenant for life without i/npeachraent of waste cannot 

 maintain trover for timber cut daring the existence of a prior estate; 

 but that it vests immediately in the owner of the inheritance. The 

 power such a tenant for life without impeachment of waste has over his 

 estate, with respect to cutting down timber, must be exercised during 

 his life, and cannot be delegated to any other person, so as to enable 

 such person to execute it after his death. The tenant for life may cut 

 down timber trees at seasonable times for the reparation of houses or 

 fences ; but he cannot cut down timber, to build new houses, or to 

 repair those that he himself has improperly suffered to fall into decay. 

 And where he cuts down more timber than is necessary it is waste, 

 though he asserts that he cut it down to employ it on future repairs 

 (Cruise, vol. 1, Tit. III., ch. 1, i^. 



Effect of sale of timher by tenant for Ife to trustees of remainderman. — • 

 If a tenant for life, without impeachment of waste, sells for value " all 

 and singular the timber and timber-like trees then gi'owing or being, or 

 which should thereafter grow or be, upon settled estates " to trustees, 

 for the benefit of those in remainder, he will be restrained from cither 

 cutting or thinning the. timher: pen' Romilly M. R. {Gordon v. Woodford). 



Cutting of timber by tenant for life. — Where timber ripe for cutting 

 is cut by a tenant for life impeachable for waste, he is entitled to the 

 income of the fund produced by tlie sale thereof: and the first person 

 taking an estate unimpeachable for waste will, on coming into posses- 

 sion, be entitled to the capital. Where the timber so cut is not 

 ripe for cutting, semble the produce belongs immediately to the first 

 person having an estate of inheritance, passing over all the intermediate 

 life estates, whether impeachable for waste or not. But whether it 

 belongs to him or to the first tenant for life unimpeachable for waste, 

 the cutting being a tort, the remedy is by action at law, and not in this 

 court. Therefore under no circumstances can a tenant for life unim- 

 peachable for waste, be entitled, on coming into possession, to back 

 interest on the produce of timber, whether properly or improperly cut 

 by a previous tenant for life, impeachable for waste : per Wood V.O. 

 {Oent V. Harrison). 



Tenant for life barred by lapse of time from receiving proceeds of timber 

 cut down by previous tenant. — A tenant fur life cut timber in excess of 

 what he was entitled to cut ; nearly 20 years after his death, the suc- 

 ceeding teuant for life filed a bill for an account, and to make the estate 

 of the deceased tenant for life liable for the timber cut in excess; and 



