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6 E. 1, CAP. 7, ALIENATION OF DOWER. 115 What is waste.5—In actions of this kind, and this distinguishes them from the old action of waste, it is a question for the jury whether waste has or has not been committed, see Doe v. Bond, 5 B. & C. 856, and no act is considered waste which is not injurious to the inheritance, either by dimin- ishing the value of the estate, or by increasing the burthen upon it, or by impairing the evidence of title, (as to which see Young v. Spencer, 10 B. & C. 145,) and the amount and fact of damage in all these respects are for the jury. If it be small, the consequences of waste do not attach, Doe v. Earl Burlington, 5 B. & Ad. 507; Huntley v. Russell, 13 Q. B. 588. permitted the buildings on the land to fall into a state of dilapidation." In re Cartwright is followed in the case of In re Parry, (1900) 1 Ch. 160, which applies the same doctrine in favor of a tenant for life of leaseholds, even though the lease contains covenants by the lessee to keep the premises in good repair and to deliver them up in good repair at the end of the term. No distinction seems to be drawn in any one of the above cases between tenants for life and tenants for years and none is apparent in principle. In Maryland it would seem that under the case of White v. Wagner, supra, an action for permissive waste would lie against a tenant either for life or years, but note the dictum of McSherry, C. J., in Gluck v. Baltimore, 81 Md. 315, 326: "Now, the common law has always thrown the burden of repairs upon the tenant, though it imposes no obligation on him to make them unless he covenants to do so;" citing Taylor on Landlord & Tenant, sec. 327, which does not support the latter part of the statement. The dictum is repeated in Kirby v. Wylie, 108 Md. 501, 512. 5 See note on this subject to 52 H. 3 c. 23 s. 2. CAP. VII. 86 A Writ of Entry in casu proviso, upon a Woman's Alienation of Dower. Also if a Woman sell or Ensement si feine vende, ou give in Fee, or for Term of done en fee, OH a terme de vie Life, the Land that she hold- tenement que el tient en doiv- eth in Dower; it is ordained, er: Establie est, que Ie heire, that the Heir, or other to ou auter, a que la terre deve- whom the Land ought to re- roit reverter apres Ie decease vert after the Death of such la feme, eit main tenant son Woman, shall have present recoverie per briefe den tre, fait Recovery to demand the Land de ceo en la chauu eerie. by a Writ of Entry made thereof in the Chancery. |
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Alexander's British statutes in force in Maryland. 2d ed., 1912
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