KFLCC Kingdom Law 2nd Ed.

1221

WASTE

WARRANTY

ders v. Seelye, 105 U. S. 718, 26 L. Ed. 1217. —Promissory warranty. A term used chief ly in the law of insurance, and meaning a war ranty which requires the performance or omis sion of certain things or the existence of cer tain facts after the beginning of the contract of insurance and during its continuance, and the breach of which will avoid the policy. See King v. Relief Ass'n, 35 App. Div. 58, 54 N. Y. Supp. 1057; Maupin v. Insurance Co., 53 W. Va. 557, 45 S. E. 1003; McKenzie v. Insurance Co., 112 Cal. 548, 44 Pac. 922.— Special warranty. A clause of warranty inserted in a deed of lands, by which the grantor covenants, for himself and his heirs, to "warrant and forever defend" the title to the same, to the grantee and his heirs, etc., against all persons claiming "by, through, or under" the grantor or his heirs. If the war ranty is against the claims of all persons what soever, it is called a "general" warranty.— Warranty deed. One which contains a cove nant of warranty.—Warranty, voucher to. In old practice. The calling a warrantor into court by the party warranted, (when tenant in a real action brought for recovery of such lands,) to defend the suit for him. Co. Latt. 1016. A term In English law for a place in which birds, fishes, or wild beasts are kept. A franchise or privilege, either by pre scription or grant from the king, to keep beasts and fowls of warren, which are hares, coneys, partridges, pheasants, etc. Also any place to which such privilege extends. Mozley & Whitley. —Free warren. A franchise for the preserv ing and custody of beasts and fowls of warren. 2 Bl. Comm. 39, 417; Co. Litt. 233. This fran chise gave the grantee sole right of killing, so far as his warren extended, on condition of ex cluding other persons. 2 Bl. Comm. 39. In Saxon law. A custom ary or usual tribute or contribution towards armor, or the arming of the forces. In old English law. A cus tomary payment, supposed to be the same with ward-penny. Spelman; Blount. In the language of the stock exchange, this is the operation per formed by a broker who fills an order from one customer to buy a certain stock or com modity by simply transferring to him the stock or commodity placed in his hands (or ordered to be sold) by another customer, in stead of going upon the exchange and ex ecuting both buying and selling orders sep arately and on the best terms obtainable for the respective customers. See McGlynn v. Seymour, 14 N. Y. St Rep. 709. The sounding of a horn for washing before dinner. The custom was formerly observed in the Temple. A treaty signed on May 8, 1871, between Great Britain and the United 1 States of America, WARREN. WARSCOT. WARTH. WASH. A shallow part of a river or arm of the sea. WASH SALE. WASHING-HORN. WASHINGTON, TREATY OF.

with reference to certain differences arising out of the war between the northern and southern states of the Union, the Canadian fisheries, and other matters. Wharton. Spoil or destruction, done or permitted, to lands, houses, gardens, trees, or other corporeal hereditaments, by the tenant thereof, to the prejudice of the heir, or of him in reversion or remainder. 2 Bl. Comm. 281. Waste is a spoil and destruction of an estate, either in houses, woods, or lands, by demolish ing, not the temporary profits only, but the very substance of the thing, thereby rendering it wild and desolate, which the common law ex presses very significantly by the word "vastum," 3 Bl. Comm. 223. Waste is a lasting damage to the reversion caused by the destruction, by the tenant for life or years, of such things on the land as are not included in its temporary profits. Proftitt v. Henderson, 29 Mo. 325. In old English criminal law. A prerog ative or liberty, on the part of the crown, of committing waste on the lands of felons, by pulling down their houses, extirpating their gardens, plowing their meadows, and cutting down their woods. 4 Bl. Comm. 385. —Commissive waste. Active or positive waste; waste done by acts of spoliation or de struction, rather than by mere neglect; the same as voluntary waste. See infra. —Double waste. See DOUBLE.—Equitable waste. Injury to a reversion or remainder in real estate, which is not recognized by the courts of law as waste* but which equity will interpose to prevent or remedy. Gannon v. Peterson, 193 III. 372, 62 N. E. 210, 55 L. R, A. 701; Crowe v. Wilson, 65 Md. 479, 5 Atl. 427, 57 Am. Rep. 343. Oth erwise defined as an unconscientious abuse of the privilege of non-impeachability for waste at common law, whereby a tenant for life, without impeachment of waste, will be restrained from committing willful, destructive, malicious, or ex travagant waste, such as pulling down houses, cutting timber of too young a growth, or trees planted for ornament, or for shelter of prem ises Wharton.—Impeachment of waste. Liability for waste committed, or a demand or suit for compensation for waste committed up on lands or tenements by a tenant thereof who has no right ^ to commit waste. On the other hand, a tenure "without impeachment of waste" signifies that, the tenant cannot be called to ac count for waste committed.— Nul waste. "No waste." 'The name of a plea in an action of waste, denying the commission of waste, and forming the general issue.—Permissive waste. That kind of waste which is a matter of omis sion only, as by suffering a house to fall for want of necessary reparations. 2 Bl. Comm. 281; Willey v. Laraway, 64 Vt. 559, 25 AtL 436; Beekman v. Van Dolsen, 63 Hun, 487, 18 N. Y. Supp. 376; White v. Wagner, 4 Har. & J. (Md.) 391, 7 Am. Dec. 674.— Voluntary waste. Active or positive waste; waste done or committed, in contradistinction to that which results from mere negligence, which is called "permissive" waste. 2 Bouv. Inst. no. 2394. Voluntary or commissive waste consists of in jury to the demised premises or some part there of, when occasioned by some deliberate or vol untary act, as, for instance, the pulling down of a house or removal of floors, windows, doors, furnaces, shelves, or other things affixed to and forming part of the freehold. Regan v. Luthy, 16 Daly, 413, 11 N. Y. Supp. 709. Contrasted with "permissive" waste.— Writ of waste. The name pf a writ to be issued against a ten- WASTE.