WASTE, is the committing any spoil or destruction in houses, lands, &c. by tenants, to the damage of the heir, or of him in reversion or remainder ; where upon the writ or action of waste is brought for the recovery of the thing 'wasted, and damages for the waste done. There, are two kinds of waste, voluntary or actual, and negligent or permissive. Voluntary waste may be done by pulling down or prostrating houses, or cutting down timber trees : negligent waste may be, by suffering an house to be uncover ed, whereby the spars or rafters, planch es, or other timber of the house, are rot ten, orby not properly repairing. A writ of waste, to punish the offence after it has been committed, is an action partly founded upon the common law, and part ly upon the statute of Gloucester ; and may be brought by him that has the im mediate state of inheritance in reversion or remainder against the tenant for life, tenant in dower, tenant by the courtesy, or tenant for years. This action of waste is a mixed action ; partly real, so far as it recovers land ; and partly personal, so far as it recovers damages ; for it is brought for both those purposes ; and if the waste be proved, the plaintiff shall recover the thing or place wasted, and also treble da mages, by the said statute. 6 Edward I.
c. 5. The writ of waste calls upon the tenant to appear, and show cause why he has committed waste and destruction, in the place named, to the disherison of the plaintiff. And if the defendant make de fault, or do not appear at the day assign ed him, then the sheriff is to take with him a jury of twelve men, and go in per son to the place alleged to be wasted, and there enquire of the waste done, and the damages, and make a return or re port of the same to the court, upon which report the judgment is founded. The more common remedy is now by an ac tion upon the case for damages only. A tenant at will is not liable for permissive waste, nor a tenant from year to year.