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6 E. 1, CAP. 5, WASTE.
CAP. V.
Several Tenants against whom an Action of Waste is maintainable,
It is provided also. That a
man from henceforth shall
have a Writ of Waste in the
Chancery against him that
holdeth by Law of England,
or otherwise for Term of Life,
or for Term of Years, or a
Woman in Dower. (2) And
lie which shall be attainted of
Waste, shall leese the thing
84 "that he hath wasted, and
moreover shall recompense
thrice so much as the Waste
shall be taxed at. (3) And
for Waste made in the
time of Wardship, it shall be
done as is contained in the
Great Charter. (4) And
where it is contained in the
Great Charter, that lie which
did waste during the Custody,
shall leese the Wardship, (5)
it is agreed that he shall re-
compense Die Heir his Dam-
ages for the Waste, if so be
that the Wardship lost do not
amount to the Value of the
Damages before the Age of the
Heir of the same Wardship.
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Ensement est purview, que
home eit desormes briefe de
wast en Ie chancery vers home
que tient per ie ley Dengle-
terre, ou en auter maner a
tenne de vie, ou des aus, ou
feme, que tient en dower. Et
celuy que serra attaint de
waste, perde Ie chose que
i] aver' waste, & ouster ceo
face gree del treble de ceo que
Ie waste serra taxe. Et eu
waste fait in gard', soil fait so-
]onque ceo que contenue est en
Ie graund charter. Et per la
on il est couteuue en la grand
charter, celuy que avera fait
v>-aste en garde, perdr" Ie gar-
de: Accorde est, qne il rendra
al Iieire les damages del waste,
si issint soit que la garde per-
due ue suffist mie a Ie value
dcs damages, avant lage de
heire del mesme Ie garde.
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Heir of the same Wardship.
Dyer 25. Fitz. Wast. 62, 117, 146. Bro. Parl. 17. Fitz. Judgment, 85, 134,
253. Fitz. Damage, 7, 22, 42, 52, 90, 114, 133. Co. Inst. 53 b. 54 b. 200 b. 355 b.
1 Roll. 91, 97, .156. Past, 689 &c. Savill, 42. 9 H. 3. c. 4. Regist. 72, 2 Inst. 299.
Who are included in Statute.—Tenant by the curtesy is named in this Act
because some doubted whether waste lay against him at common law, and
not being a farmer he was not included in the Statute of Marlbridge, and
secondly, because greater penalties are inflicted by this Act than at common
law, 2 Inst. 301. According to the same authority, a lessee for his own life
or for another man's life is within the words and meaning of the law,
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