tion, and for sale, for their own relief, to all or any of the inhabitants for their consumption within the parish as fuel, was held to be valid. (a) SEXCEPTIONS (i) Rights of common, claimed by the copyhold or customary tenants of a manor over the lord's demesne, on the condition of rendering certain services. (ii) Stannary rights in Cornwall by which tinbounders are entitled to dig for tin on the lord's waste, on payment of a small royalty.] CONVENTIONAL SERVITUDES ARE EXTINGUISHED. 1. By unity of ownership, the lesser right being merged in the greater. (b) 2. By release under seal. 3. By an act of notorious abandonment. Illustration. Moore had a house, yard, and garden at Ripley in Derbyshire. At the end of the garden and abutting on land of Rawson, there had formerly been a weaver's shop with an ancient window overlooking Rawson's land; and seventeen years before action Moore had pulled this building down, and built a stable on the site of it, with a blank wall where the ancient window used to be. Three years before action next to this blank wall; Rawson erected a building, (a) Willingale v. Maitland, L. R. 3 Eq. 103. not resuming the right, which he had ceased to enjoy ; and that he must be taken to have abandoned it. (c) 4. By forfeiture, if the right is held conditionally, and the condition is broken. Illustration. Cawkwell had an undisputed right to pour his surface water into Russell's drain. He chose also to conduct into it the foul water from his privies. Russell upon this cut off the connection with his drain altogether. In an action by Cawkwell it was held. that the defendant was entitled to prevent the plaintiff from using the drain at all, so long as he continued to pour foul water into it. (d) 5. By an interruption (e) where the claim is grounded on enjoyment under the Prescription Act. (f) (i) For one year; (ii) Acquiesced in or submitted to; [NOTE. In order to rebut evidence of submission, (c) Moore v. Rawson, 3 B. & C. 332. (d) Cawkwell v. Russell, 26 L. J. Ex. 34. (e) [NOTE. Strictly speaking, an "interruption" of the above character is only an answer to a claim under the Prescription Act. But substantially a bond fide right claimable under the Prescription Act which has been thus "interrupted" becomes absolutely extinguished.] (f) 2 & 3 Will. 4, c. 71, s. 4. (g) Glover v. Coleman, L. R. 10 C. P. 108. CHAPTER II. WASTE. WASTE (vastum) is lasting damage done to corporeal hereditaments to the injury of the remainderman or the reversioner. 1. Commissive waste is the doing of active, wilful, damage to the premises, as by pulling down a house, opening hitherto unbroken ground for clay, gravel, minerals, and the like. 2. Permissive waste is where premises are allowed to fall out of repair without any effort being made to retard their deterioration. § PERSONS LIABLE FOR WASTE (BOTH COMMISSIVE AND PERMISSIVE.) (i) Tenant by the courtesy. (a) (ii) Tenant in dower. (a) (vi) Tenant for years. (b) (vii) Assignee of tenant for life or years. (c) [NOTE. The reason tenants for life, autre vie, and years were not liable for waste at common law, was that their interest is created by their grantor, who, if he had chosen, could have protected the reversion by the terms of the grant, (a) By the Common Law. (b) By the Statute of Marlbridge, 6 Ed. 1, c. 5. and the common law only gave a remedy where the estate was conferred on the tenant by the act 3. Equitable waste. Where the grant is made " without im- SFIXTURES. If a tenant for life, or for years, removes fixtures to which he has no right, an act of waste is committed. I. LANDLORD'S FIXTURES. 1. Those upon the premises at the time of the demise. 2. Those erected by the landlord during the demise. 3. Those so erected by the tenant during the demise, as to become part of the freehold. II. TENANT'S FIXTURES. 1. Those which have been erected by the tenant. (i) For purposes of trade. Examples (a.) "Mules" screwed into the floor. (e) into and united with the soil. (ƒ) (y.) Vats resting on brickwork and timber. (g) (d) Lord Vane v. Lord Barnard, 2 Vern. 739. (e) Hellawell v. Eastwood, 6 Ex. 312. (f) Huntley v. Russell, 13 Q. B. 572. (g) Horn v. Baker, 9 East 215. (§.) Iron saltpans, let into a brick floor, with furnaces under them. (u) (ɛ.) A steam engine for working a colliery. (b) (5) Brewing vessels, and the pipes in the walls connected therewith. (b) (ii) For ornament or convenience. Examples (a.) Hangings and pier glasses. (c) (B.) Cornices. (d) (7) Ornamental chimney pieces. (e) (.) Wainscot fixed to the wall by screws. (f) (E.) Grates, ranges, and stoves. (f) (3) Pumps. (g) (7) Bookcases and cupboards screwed to the walls. (h) (9.) Furnaces and coppers. (i) 2. Farm buildings, engines, and machinery, which have been erected by the tenant. (i) For agricultural purposes. (ii) For purposes of trade and agriculture. (iii) After notice in writing to the landlord. Provided (a.) The severance does not materially injure the freehold. (8.) A month's notice to elect to purchase is given to the landlord. (k) (a) Lawton v. Salmon, 3 Atk. 15 n. |