WAS 



Wassen'j Bay, a bay on the eall coaft of Cochin- 

 china. N.lat. I2°5'. E. long. 109° 6'. 



Wassen'j Point, a cape on the eall coalt of Cochinchina, 

 and fouth boundary of WalTen's bay. N. lat. 12° 3'. 



WASSERBILLICH, a town of France, in the depart- 

 ment of the Forefts, at the union of the Sour and Mofelle ; 

 ic miles N.E. of Luxemburg. 



WASSERBURG, a town and lordfhip of Germany, 

 belongnur to the family of Fugger, fuuated on a pro^ft'^'i 

 point of land m the lake of Conftance ; I mile N. oi 

 Buchorn—Alfo, a town of Bavaria, with ^^aftle and four 

 churches ; the chief trade is in fait ; 38 miles W.N.W. of 

 Salzburg. N. lut. 48° 3'. E. long. 12 • 13'. 



WASSERLEBEN, a town of Germany, in the county 

 of Wernit^erode ; 4 miles N.W. of Wernig-rode. 



WASSER-MUNGENAU, a town of the marggravate 



of Anfpach ; 4 miles S.E. of Windfbach. 



WASSERNDORF.or Wechseldorf, a town ot Ger- 

 many, in the lordOiip of Seinfheim ; 3 miles S.E. of Mark 



WASSERTRUDINGEN, a town of Germany, in the 

 principality of Anfpach, on the Wernitz ; 13 miles S. of 

 Ar.fpach. N. lat. 49° 2'. E. long. 10° 35'. 



WASSIGNY, a town of France, m the department ot 

 the Aifne ; 16 miles N. of Vervins. , , • , 



WASSIHOO, a fmaU town of Africa, in the kmgdoni 

 of Ludamar, in N. lat. 14° 49'. "'here the cultivation ot 

 corn is carried on to fuch an extent, that hunger is never 

 known ; men and women labouring m concert ; 75 miles 

 E.S.E. of Benowm. r /- 1 t m 



WASSILT, a town on the eall coait ot UilOiO. JN. 

 lat. 1° 17'. E. long. 128^ 6'. 



WASSLONNE, a town of France, in the department 

 of the Lower Rhine ; 12 miles W. of Strafburg. 



WAST, a town of France, in the department of the 

 Straits of Calais ; 9 miles E. of Boulogne. 



WASTARA, a town of Hindooftan, in Bednore ; 15 

 miles W.S.W. of Sacrapatam. 



WASTCHEID, a town of France, in the department 

 of the Meurte ; 6 miles S.E. of Sarrcbourg. 



WASTE, or Wast, Fq/lum, in Larw, has divers figni- 



''"lt°rufed for a fpoil, made either in houfes, woods, 

 lands, &c. by the tenants for life, or for years, to the pre- 

 iudice of the heir, or of him in reverlion, or remainder. 



Wafte is either voluntary, as b^ pulling down a hnuie ; 

 or permiffive, as by differing it to fall for want of necefl^ary 

 reparations. Whatever does a laftmg damage to the freehold 

 01 inhcntance is walk : therefore the removing of wainfcot 

 floors, or other things, once fixed to the freehold ot a 

 iioufe, is wafte. , ^ 



Wafte may alfo be committed in ponds, dovc-houles, 

 warrens, and'the hke ; by f»/^ducmg the number o 

 erections therein, that there will not be fufficient for tie 

 reverfioner when he comes to the inheritance. io cut 

 down trees that are deemed timber, as oak, alli, and elm, 

 and other trees generally ufed in building, or to lop them, 

 or do any other ad by which the timber may decay is 

 %vafte. The converf.on of land from one fpec.es to ai.ocher 

 is wafte ; and alfo to convert one fpecies of edifice into 

 another, even though it is improved in its value. Fo open 

 the land to fearch for mines of metal, coal, &c. is u Jltc , 

 and, in general, whatever tends to the dcftruA.on or depn.- 

 ciatingthe value, of the inhcntance, is conftitutcd by the 

 law as wafte. 



WAS 



In confequcnce of the ftatute of Marlbridge, 52 Hen. III. 

 cap. 23. and that of Gloucefter, 6 Edw. I. cap.5. all tenants 

 for life, or for any lefs eftate, are punifhable or liable to be 

 impeached for wafte, both voluntary and permiffive ; unlefs 

 their leafes be made, as fometimes they are, without im- 

 peachment of wafte, akfque impethione I'lijli ; that is, with a 

 provifion or protcftion that no man fliall im/f/fn; or fue them 

 for wafte committed. 



The puniftiment for wafte committed was, by common 

 law and the ftatute of Marlbridge, only fingle damages, 

 except in the cafe ot a guardian in chivalry, who alfo for- 

 feited his wardfhip by the provifions of the great charter, 

 o Hen. III. cap. 4. But the ftatute of Glouceft-r direfts, 

 that tenants in dower, by courtefy, for hfe, and for years, 

 ihall lofe an '. forfc-it the place in which the wafte is com- 

 mitted, and alfo treble damages, to him that hath the inhe- 

 ritance. For this purpofe a writ of wafte is brought by 

 him who hath the immediate eftate of inheritance in rever- 

 fion or remainder, calling upon the tenant to appear and 

 ftiew caule why he hath committed wafte ; and if the de« 

 fendant makes default, or doth not appear at the day 

 affigned him, then the (heriff, with a jury of twelve men, is 

 to go to the place alleged to be wafted, and there inquire 

 of the wafte done, and the damages ; and make a return 

 or report to the court, upon which report the judgment is 

 founded. But if the defendant appears, and afterwards 

 fullers judgment to go againft him by default, or upon a 

 nihil dicit, this amounts to a confelTion of the wafte ; and 

 the ftieiift" ftiall then only make inquiry of the quantum of 

 damages. When the wafte and damages are thus alcertained, 

 by coiifeffion, verdid, or inquiry of the (herirt', judgment is 

 given, in purfuance of the ftatute of Gloucefter, cap. 5, that 

 the plaintitr ftiall recover the pLce wafted, fur which lie 

 has immediately a writ of feifin, and alfo that he fttaU 

 recover treble the damages alTefi"ed by the jury. 



The redrefs of this injury of wafte is alfo preventive, by 

 writ of eftrepcment : and, befides, the courts of equity, 

 upon bill exhibited therein, complaining of wafte and de- 

 ftruaion, will grant an injunaion to ftay wafte, ""t" ^he 

 defendant ftiall have put in his anfwer, and the court (hall 

 thereupon make farther order : which is now become the 

 moft ulual way of preventing wafte. Blackft. Com. book 11. 



book lii. &c. 



Waste is alfo taken for thofe lands which are not in any 

 man's occupation, but lie common. 



They fcem to be fo called, becaufe the lord cannot make 

 fuch profit of them as of his other lands ; by reafon of the 

 ufe others have thereof, for paffing to and fro. Upon this 

 none may build, cut down trees, dig, &c. without the 

 lord's licence. , ,, 



Much land of this kind is met with m almolt every 

 diftrid of the kingdom, which is very capable of being 

 converted to a ftate of profitable cultivation without any 

 very ereat expcnce, after it has been incloled. 1 He 

 whole extent of the land yet in the ftate of wafte is very 

 confiderable, and ftated by diff'erent writers, as dravvn trom 

 the beft authorities, .it upwards of fix milhons vi acres, 

 four of which at leaft are fuppofed capable of being 

 brought into cultivation for the growth ot crops of the 

 moft nfefu! kinds. ,, 



It has been fuggefted by the wnter ot an excellent paper 

 on the " produftion and confumption of "rn, &c in the 

 fifth volu'ne of Commumcat.ons to the Board of Agricul- 

 ture, that ,f this addition of land were cultivated, it would 

 very mucii extend the productive territory of the country, 

 and that as it mull be cultivated cluclly for t.Uagc, wouM 



