Ill CUSTOM OF COPYHOLDERS TO FELL TIMEEn. 



also a plea alleging a grant by deed, wliieh was lost, by the then owner 

 in fee, of tlie close of the plaiiitiif to the then owner in fee of the close 

 of the defendant, of the right now claimed. It was held by the Court 

 of Common Pleas, that all the pleas were bad, as the right claimed being 

 a right in gross could not pass with the occupation of the land. SemlU 

 also that such a right could not pass with the ownership of land ; and 

 per WUks J., " Except in the case of landlord and tenant, in order 

 tiiat rights over the land of one may be attached to the land of another, 

 so as to pass with the omicrship of the laud, they must be such rights 

 as are beneficial to the owner of the dominant tenement, only so long 

 as he remains owner of that tenement, and to other persons are of no 

 benefit whatever " (^Bailey v. Stevens.) 



liovglis overhanging land. — It is a nuisance if a man allows the boughs 

 of his trees to grow so that they overhang his neighbour's land {Earl of 

 Lonsdale v. Kelson). 



Tahing timher for honse-lote. — In a lease for lives of a manor and 

 demesne, the lessee covenanted to repair, and keep the premises in all 

 needful and necessary reparations, having or taking in and upon the 

 demised premises competent and sufficient house-bote for the doing 

 thereof, without committing waste, and it was held by the Court of 

 Queen's Bench that the covenant was an absolute and not a conditional 

 covenant to repair with a license to take timber for house-bote {Dean 

 and Chapter of Bristol v. Jones and others). 



Evidence of conversion of tree. — In the case of {Bird y. Bond) A.ha\mg 

 sold to B. some growing trees, B. entered to cut them down, whereupon 

 C, who was on the land as a trespasser, served B, with a notice not to 

 fell any of the timber. B. having desisted, C. subsequently cut down 

 the tree but did not remove it.' It was held by the Court of Exchequer 

 that C. had not been guilty of a conversion of the tree. 



Custam for copyholdeis to fell timher without license from Lord. — A 

 custom for copyhold tenants to fell timber or other trees upon their 

 customary lands, and to retain the same for their own use, without license 

 from the lord, although such timber may not be felled for necessary 

 repairs, was held by the Court of Common Picas, not to be unreasonable, 

 and such a custom is not the less admissible in evidence because it also 

 professes to entitle the customary tenants to plough up meadow land, 

 and to suffer their houses to decay, which might be a bad custom if 

 pleaded {Blewett app. v. JenJcins resp.). 



In iJoe dem. liogers v. Price, a lease contained a demise of land and 

 quaiTies, with power to open and work them at a certain rent and 

 royalties, with an exception of the trees on the premises. The lessee 

 covenanted not to commit waste by cutting the trees, &c., and there 



