Selected quad for the lemma: ground_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
ground_n	bear_v	fruit_n	tree_n	2,434	5	8.1649	4	true

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A95588	Tenants law a treatise of great use, for tenants and farmers of all kinds, and all other persons whatsoever. Wherein the several natures, differences and kinds of tenures and tenants are discussed, and several cases in the law touching leases, rents, distresses, replevins, and other accidents between landlord and tenant, and tenant and tenant between themselves and others; especially such who have suffered by the late conflagration in the city of London. The second edition. By R.T. Gent.	R. T., Gent.	1670 (1670)	Wing T51B; ESTC R203704	58,719	163

Avow upon the 21. H. 8. C. 19. matter in the Land as within his Fee this is provided by the Statute 21. H. ● C. 19. and is the safest way for the benefit of the Lords for by this Statute a Lord may Avow the taking a distress as in Lands holdon of him within his Fee without naming of any person in certain which by the Common Law they could not do but were thereby compelled to Avow upon a Person in certain which often proved much to their damage and prejudice for by the secret Fines Recoveries Grants and Conveyances which the Tenan● used purposely to frame to defra●● their Lords they were ignorant up●● whom to make their legal Avowry which inconveniencies the forementioned Statute hath prevented Now in an Avowry upon this Statute the Plantiff in the Replevin 〈◊〉 he Tenant for years or otherwise may have every sufficient answer an● aid and every other advantage in the Law to the Avowry Disclaims only excepted for because the Avowry 〈◊〉 made upon no certain person he cannot disclaim If a Tenant hath Rent behind fo● Co. 1. par Inst s 266. divers years and makes a Feoffme●● in Fee and the Lord accept the Re●● or Service of the Feoffee due in h●● time he shall loose the Arrerages 〈◊〉 his Rent due in the time of the Feoffor For after such acceptance the Lord cannot Avow upon the Feoffer nor upon the Feoffee for the Arrerages due in the time of the Feoffor but if the Feoffor dyeth although the Lord accept the Rent or Service by the hands of the Feoffee due in his time yet he shall not loose the Arrerages because he is now by the Law compelled to Avow upon ●●e Feoffee and what the Law 〈◊〉 him to shall not be prejudicial ●●to him If the Plantiff in a Replevin be ●n-suit or otherwise by Avowry 〈◊〉 or overthrown then the ●efendant or Avowant shall recover 〈◊〉 and damages against the Plan●●●f as the Plantiff should have 〈◊〉 or had if he had revovered the Replevin against the 〈◊〉 CHAP. VI. In what cases a Tenant or other shall be said to commit was● in Houses Gardens Woods Pastures Orchards c. and what Wast shall be punishable and what not IT concerns every Tenant 〈◊〉 what nature soever his Tenur● be to be very careful herein for he may in committing Was● soon become obnoxious to the Law and incur great damage I shall therefore by way of caution shew you in what cases a Tenan● may commit Wast so as to rende● himself lyable to loss and punishment and then how far a Tenant may ac● upon his Tenure and not commit any punishable Wast If a Tenant for life or years o● Cook I. pa● Inst f. 53. in Dower do pull down any of the Houses or Tenements or suffer them to be uncovered to the rooting o● destroying of the Timber or Material of the House this is Waste So likewise if Glass-windows be ●roken down or carried away it is Waste though the Tenant glazed ●●em himself for the Glasse is ●art of the House It is also Waste 〈◊〉 take away VVainscot if it be 〈◊〉 to the Walls or Posts of the ●ouse It is likewise Waste to take away ●oors or Windows or any thing an●exed or fixed to the Free-hold although the Tenant fixed them there ●●mself If a Tenant build a new House ●here none was before it is Waste ●nd ●● he suffer it to be wasted it is a ●ew Waste The pulling down of a Stone-Wall Cook ibid. or Mud-Wall of a House is Waste If a Tenant of a Park Warren ●ove-House or the like do not ●ave such sufficient store as he found ●hen he entred it is Waste and so is to suffer a Park-pale to decay thereby the Deer are lost or dis●ersed If a Tenant suffer the Houses Co. 1. par Inst f. 53. 〈◊〉 be Wasted and then Fell Timber to repair them this is a doub● Waste Waste is properly in Houses Gardens and Timber-trees that is Oak Ash and Elme which are counte● Timber generally in all places except in some Coppy-holds Elme not Now these Timber-trees are sai● to be Wasted either by cutting the● down lopping or topping them o● any other wayes decaying the Timber And in some Countries when Idem Timber is scarce Beech is accounte● Timber or other Trees used fo● building Houses and there the cutting of them is Waste Or if a Tenant suffer the youn● Germens of Trees to be destroyed this is destruction and punishable i● Waste To cut down any Trees as Willows Birch or the like which stan● and grow in the defence and with in view of the dwelling House i● Waste It is Waste to cut down Haze● which grow not under the grea● Trees but in a quarter of the Woo● by themselves If a Tenant grub up or destroy a Co. 1 par Inst s 53. ●uick fence of white-thorn it is wast Burning of a house by negligence 〈◊〉 mischance is Wast Where is a Wood and nothing ●rowing there but under-wood ●he Tenant cannot cut all but if it 〈◊〉 a Wood where great trees grow amongst the underwood there he may cut all the underwood It is Wast to cut apple-trees if they bear fruit though they lye a●ong the ground It is also Wast to cut Damsin●rees or any fruit-fruit-trees growing in garden or orchard To dig for Gravel Chalk Clay Brick Earth or Stones or the like 〈◊〉 Wast and so it is if a Tenant dig ●or any Mynes which were not open ●t the time of the Lease made To suffer a bank or Wall of the ●ea to be in decay so that by the ●lux and Reflux of Sea the Marsh is overflown so that it becomes unprofitable is Wast But if the Sea break in suddenly ●y a violent tempest it is no Wast It is Wast also if a Tenant suffer the banks of any River or Water to ●ecay whereby the ground is surroundded or becomes unprofitable so it is to suffer pasture-ground t● be surrounded so as it becom● Rushy or Arable land so that becomes tough clay It is wast for any Tenant to convert Arable into Wood or Meado● into Arable The punishment in Wast is trebl● damages and forfeiture of the plac● Wasted There is voluntary or actu● Wast and permislive Wast An action of Wast lyeth against Tenant by the courtesie Tenant fo● life or years half a year or Tenan● in Dower by him that hath the estate of Inheritance in any of al● these cases before mentioned But Wast doth not lye against 〈◊〉 Guardian in Soccage but an Action of Accompt or trespass Neither doth Wast lye against 〈◊〉 Tenant by Elegit Stature-Merchan● or the Staple but an Action of Accompt after the Debt and damage levyed Waste doth not lye against a Tenant Co. 1 par Inst 54. at will but if such Tenant voluntarily pull down houses or cu● down Timber-trees or the like in this case the Lord may have an action of trespass against