But the most complete remedy in eases of waste is that in the Court of Chancery, which, upon application to it by bill, will not only direct an account to be taken and satisfaction to be made for the damage done, but will interpose by way of injunction to restrain the com mission of future waste. A court of equity will grant its assistance against the commission of waste wherever the case appears to require it, even though the plaintiff is not in a condition to maintain an action at law. The court will also grant an injunction against waste pendente tile ; and in such cases it is not necessary that the plaintiff should wait till waste is actually committed ; it is sufficient if an intention to com mit waste appears, or if the defendant insists upon his right to do so.
It has long been usual, when estates for life are expressly limited, to insert a clause declaring that the tenant shall hold the lands "without impeachment of waste." These words were originally intended merely to exempt the tenant from the penalties of the statute of islarlbridge, though it has long been settled that they enable him to cut down timber and to convert it to his own use ; but he may be restrained in equity from committing malicious waste so as to destroy the estate, or cutting down timber which serves for shelter or ornament to a mansion-house, or timber unfit to be felled. This is what is called the doctrine of Equitable Waste. The privileges of the tenant for life snider the words "without impeachment of waste " are annexed in privity to his estate, arid determine with it. Thus it seems that if a lease were made to one for the life of another without impeachment of waste, with remainder to him for his own life, he would become punishable for waste, the first estate being merged in the second.
(11 'Rep.; 83, is.) Ecclesiastical persons, who hold lands in right of a church, aro disabled from committing waste, though, like other tenants for life, they have the right to take from the land materials for necessary repairs. They may not only fell timber and dig stones for that pur pose, but have even been allowed to sell timber or stone, when the money was to be applied in repairs ; also, though they cannot open mines, they may work those already open. (Amb. 176.) Ecclesiastical persons may be proceeded against for waste in the civil as well as the ecclesiastical courts, as au action will lie against them for diktpidations, and may be brought by the successor to a benefice either against his predecessor or his personal representatives. And the Court of Chancery will grant an injunction against any ecclesiastical person whatsoever to stay waste in cutting down timber, pulling down houses, or opening quarries or mines on the glebe. An injunction has, indeed, becu granted against waste by the widow of a rector during the vacancy of the living. (2 Bro. cc. 5, 62.) By the 56 Geo. III. c. 52, the incum bents of benefices are enabled to cut down timber on the glebe-lands for the purposes of the statute (55 Geo. III.) euabling them to exchange their parsonage-houses or glebe-lands.
Tenants in tail and tenants in fee have the inheritance in the land, and they are the real owners. Those who have less estates are iu the situation of the Roman Usufructuarius. [Ustreitocros.)