112 DEFINITTOX OF TIMBER. 



it was hcUl by Sir. J. Roiu'dhj 'M.W., that the phn'nlif trtis harred lij 

 lapse of time, and the bill was ciismisseil with costs. Roherls v. TimstaU 

 (4 Hare, 2bl, U L. J.Ch. Ibl) ; Prijcc v. Burn (cited by Lord Alvcm- 

 Uij, 5 Ves. 681); Gregory v. Gregory (G. Cooper, 201, s. c, Jacob, 631), 

 were cited for the plaintiffs on the question of waste ; and Sihlering v. 

 The Earl of Balcarras (3 De G. and Sm., 735, and 19 L. J. Ch. 252) ; 

 and Picker my v. Lord Stamfm-d (2 Yes. Jun. 272), cited by the defen- 

 dants on the question of delay in filing the bill, were thus referred to 

 by His Honour in his judgment. In Fie Jeering v. Lord Stamford, the 

 Master of the Rolls observed that " the very forbearance to make the 

 demand affords a presumption either that the claimant is conscious it 

 was satisfied, or that he intended to relinquish it. Here the claim is 

 made in respect of timber cut during sixteen years' enjoyment of the 

 property by a tenant for life, who died in March 1838, and all this was 

 at the time within the knowledge of the present plaintiff, who seeks 

 redress in March 1858" {Harcoiirt v. White). 



Permissive icaste hy tenant for life.—T\iQ court in Warren v. Rudall 

 (29 L. J. (N. S.) Ch. 543), quoted Pmvys v. Blayrave (24 L. J. (JST. S.)' 

 Ch. 142), as a proof that the court will not interfere in a case of per- 

 missive waste by tenant for life. 



Prohibition against timber cutting.— Yreehold, copyhold, and leasehold 

 estates were devised and bequeathed to A. B. in fee simple, subject to a 

 limitation over, by way of executory devise, in the event of A. B. dying 

 without leaving issue male liviug at his death, with a prohibition agaitist 

 his cutting timber, and with a discretion as to the copyhold and leasehold 

 estates (held upon leases determinable with lives) that such property 

 should be kept " fully estated " with three lives. A. B. died without 

 issue male, and during his life committed various acts of waste by cut- 

 tin «• down timber and allowing the property to become dilapidated. He 

 also omitted to keep the copyholds and leaseholds " fully estated." It 

 was held by Kijidcrsley V.C., that it was competent for the testator to 

 impose upon A. B. the obligation not to cut timber, although without 

 such prohibition he could have done so ; and also that A. B. was under 

 no obligation to repair, and was not liable for permissive waste, but all 

 losses consequent upon his omission to keep the property fully estated 

 with three lives must be borne by the estate {Blalce v. Peters). 



Dffinition of "timber" in a valuation.— The defendant having told the 

 plaintiff, a land surveyor, that he was tenant for life of an estate, and 

 wanted to sell every stick of timber on it, gave him an order signed by 

 himself to value it at a certain rate per cent. The witnesses on both 

 sides agreed that timber ordinarily meant trees of a certain yroivth, and 

 the valuation included mere saplings, so that it did not show the value 



