Waste where the count was that he had committed waste in ponds which he held in wardship, namely one pond which he had drained and the other in which he destroyed the fish.
Burgh. The writ does not state whether we are guardian de facto or de jure; judgment of the writ for uncertainty (and this was not allowed).
Burgh. The writ does not speak of ponds but of buildings, woods etc.; judgment of the count (and this not allowed)
Burgh. As to one pond because it was so full of reeds that we could not catch the fishes we allowed the water to run out by a pipe and took the fishes and we tell you that when the plaintiff came of age the pond was properly stocked; judgment if action etc. As to the other pond it was common and is now; judgment etc.
Clopton. We say as to the pond that you sold the fish and it is therefore waste etc. and you took more than was appropriate.
BELKNAP, C.J. Be certain that he could have taken sufficient and have left sufficient and committed no waste and have taken for his store enough as in the case of game animals in a park where even if he take for his larder if he leaves enough this will not be adjudged waste.
Clopton. How will this sufficiency be tried?
BELKNAP, C.J. If he be wise he will take his neighbours and show them in what he has found waste, will have his pond tested and show them what he has found there and then I believe that by their view it can be adjudged whether or not waste has been committed and if enough remains or not. And so you will take issue that the ponds were sufficiently stocked when he came of age and so no waste was committed etc. and the others to the contrary that he left sufficient stock at his coming of age and so issue will be taken on that.
Clopton. He has departed from his count because he declared that waste had been committed in one pond by draining it and now he is at issue on the sufficiency of fish which is another cause.
BELKNAP, C.J. I say for certain that is not waste but good and profitable for fish and necessary that a pond be allowed to dry out for one season in the year as for example one summer or in some places for a whole year because after the fry of the pike has come onto the land it likes to remain there without damage for a good while if the land is good for fish and then come from this to the bank of the water at a sufficient time for fish.
So he took issue as above.
Citations:
[1382] [Co Litt 53a (h)]
Jurisdiction:
England and Wales
Cited by:
Cited – Dayani v London Borough of Bromley TCC 25-Nov-1999
LA Tenant liable for permissive waste
The local authority was tenant of properties which it sub-licensed to homeless persons for three years was liable for having allowed the properties to deteriorate. It was claimed that they were liable for permissive waste as tenants for a fixed . .
Lists of cited by and citing cases may be incomplete.
Landlord and Tenant
Updated: 24 November 2022; Ref: scu.196948