Legal Term Dictionary

Spoil or destruction, done or permitted, to lands, houses, gardens, trees, or other corporeal hereditaments, by the tenant thereof, to the prejudice of the heir, or of him in reversion or remainder. 2 BL Comm. 281. Waste is a spoil and destruction of an estate, either in houses, woods, or More...

Spoil or destruction, done or permitted, to lands, houses, gardens, trees, or other corporeal hereditaments, by the tenant thereof, to the prejudice of the heir, or of him in reversion or remainder. 2 BL Comm. 281. Waste is a spoil and destruction of an estate, either in houses, woods, or lands, by demolishing, not the temporary profits only, but the very substance of the thing, thereby rendering it wild and desolate, which the common law ex-Sresses very significantly by the word "vastum" BL Comm. 223. Waste is a lasting damage to the reversion caused by the destruction, by the tenant for life or years, of such things on the land as are not included in its temporary profits. Proffitt v. Henderson, 29 Mo. 325. In old English criminal law. A prerogative or liberty, on the part of the crown, of committing waste on the lands of felons, by pulling down their houses, extirpating their gardens, plowing their meadows, and cutting down their woods. 4 BL Comm. 385. Commissive waste. Active or positive waste | waste done by acts of spoliation or de¬struction, rather than by mere neglect; the same as voluntary waste. See tn/ra.—Double waste. See DOUBLE.—Equitable waste. Injury to a reversion or remainder in real estate, which is not recognized by the courts of law as wastes but which equity will interpose to prevent or remedy. Gannon v. Peterson, 193 111. 372, 62 N. E. 210, 55 L. R. A. 701; Crowe v. Wilson,1. 65 Md. 479, 5 Atl. 427, 57 Am. Rep. 343. Otherwise defined as an unconscientious abuse of the privilege of non-impeachability for waste at common law, whereby a tenant for life, without impeachment of waste, will be restrained from committing willful, destructive, malicious, or extravagant waste, such as pulling down houses, cutting timber of too young a growth, or toees planted for ornament, or for shelter of premises. Wharton.—Impeachment of waste. Liability for waste committed, or a demand or suit for compensation for waste committed up¬on lands or tenements by a tenant thereof who has no right to commit waste. On the other hand, a tenure "without impeachment of waste" signifies that the tenant cannot be called to account for waste committed.—Nnl waste. "No waste." The name of a plea in an action of waste, denying the commission of waste, and forming the general issue.—Permissive waste. That kind of waste which is a matter of omission only, as by suffering a house to fall for want of necessary reparations. 2 Bl. Comm.. 281; Willey v. Laraway, 64 Vt. 559, 25 Atl. *36; Beekman v. Van Dolsen, 63 Hun, 487, 18 N. Y. Supp. 376; White v. Wagner, 4 liar. A J. (Md.) 391, 7 Am. Dec. 674.—Voluntary waste. Active or positive waste; waste done or committed, in contradistinction to that which results from mere negligence, which is called "permissive" waste. 22 Bouv. Inst. no. 2394. Voluntary or commissive waste consists of in¬jury to the demised premises or some part there¬of, when occasioned by some deliberate or vol¬untary act as, for instance, the pulling down of a house or removal of floors, windows, doors, furnaces, shelves, or other things affixed to and forming part of the freehold. Regan v. Luthy, 16 Daly, 413, 11 N. Y. Supp. 709. Contrasted with "permissive" waste.—Writ of waste. The name, of .a writ to be issued against a tenant who has committed waste of the premises. There were anciently several forms of this writ, adapted to the particular circumstances. Less...

A book used by merchants, to receive rough entries or memoranda of all transactions in the order of their occurrence, previous to their being posted in the Journal. Otherwise called a "blotter."

A book used by merchants, to receive rough entries or memoranda of all transactions in the order of their occurrence, previous to their being posted in the Journal. Otherwise called a "blotter." Less...

In old statutes. A kind of thieves.

In old statutes. A kind of thieves. Less...

v. To keep guard; to stand as sentinel; to be on guard at night, for the preservation of the peace and good order.

v. To keep guard; to stand as sentinel; to be on guard at night, for the preservation of the peace and good order. Less...

n. A body of constables on duty on any particular night

n. A body of constables on duty on any particular night Less...

"Watch" denotes keeping guard during the night; "ward," by day.

"Watch" denotes keeping guard during the night; "ward," by day. Less...

An officer in many cities and towns, whose duty it is to watch during the night and take care of the property of the inhabitants.

An officer in many cities and towns, whose duty it is to watch during the night and take care of the property of the inhabitants. Less...

In the language of brokers, adding to the capital stock of a corporation by the issue of new stock, without increasing the real value represented by the capital.

In the language of brokers, adding to the capital stock of a corporation by the issue of new stock, without increasing the real value represented by the capital. Less...

In old records. Such goods as, after a wreck, swim or float on the waves. Jacob.

In old records. Such goods as, after a wreck, swim or float on the waves. Jacob. Less...

A duty anciently paid twice a year towards the charge of wax candles in churches. Spelman.

A duty anciently paid twice a year towards the charge of wax candles in churches. Spelman. Less...