Page:William Blackstone, Commentaries on the Laws of England (3rd ed, 1768, vol II).djvu/297

 Ch. 18. V. next kind of forfeitures are thoe by breach or non-performance of a condition annexed to the etate, either exprely by deed at it's original creation, or impliedly by law from a principle of natural reaon. Both which we conidered at large in a former chapter.

VI. now proceed to another pecies of forfeiture, viz. by wate. Wate, vatum, is a poil or detruction in houes, gardens, trees, or other corporeal hereditaments, to the diherion of him that hath the remainder or reverion in fee-imple or fee-tail.

is either voluntary, which is a crime of commiion, as by pulling down a houe; or it is permiive, which is a matter of omiion only, as by uffering it to fall for want of neceary reparations. Whatever does a lating damage to the freehold or inheritance is wate. Therefore removing waincot, floors, or other things once fixed to the freehold of a houe, is wate. If a houe be detroyed by tempet, lightening, or the like, which is the act of providence, it is no wate: but otherwie, if the houe be burnt by the carelenes or negligence of the leee; though now by the tatute 6 Ann. c. 31. no action will lie againt a tenant for an accident of this kind. Wate may alo be committed in ponds, dove-houes, warrens, and the like; by o reducing the number of the creatures therein, that there will not be ufficient for the reverioner when he comes to the inheritance. Timber alo is part of the inheritance. Such are oak, ah, and elm in all places: and in ome particular countries, by local cutom, where other trees are generally ued for building, they are thereupon conidered as timber; and to cut down uch trees, or top them, or do any other adl whereby the timber may decay, is wate. But underwood the tenant may cut down at Rh