these words should be void."*

But this last proposition is not now held to be law. There is but little difference in this respect between a tenant for life and for years. Both are now equally punishable for waste, and both may work mines already opened.

But a tenant for life, without impeachment of waste, may open and dig mines at his own pleasure, though a Court of Equity would probably interfere if it were shown that he was exercising his privilege in a wanton or malicious manner. For every mining operation is to some extent a destruction of the property, and must be exercised fairly. And the question whether by his settlement he is or is not impeachable for waste, affects the appropriation of rents arising from mineral leases granted by him.

A jointress, tenant for life, is in the same situation as an ordinary tenant for life, and may be with or without impeachment of waste. An estate by the curtesy, and an estate in dower, are also estates for life, and the holders are punishable for waste. Coparceners, joint tenants, and tenants in common, are also liable to each other for waste; but they may all concur among each other in an act of waste, provided this concurrence includes all.†

Where a mortgaged estate is of an insufficient value to pay the mortgage, a mortgagee, on entering into possession, may open mines and cut timber, and he will be charged only with the net profits. But where the estate is sufficient, a mortgagee in possession has no

* Co. Litt. 54, b.

+11 Rep. 49 a; Denys v. Shuckburgh, 4 T. & C. 42; Durham and Sund. Rail. Co. v. Wawn, 3 Beav. 119.

CHAPTER II.

LEASES AND LICENCES.

THE mineral districts of Great Britain are generally worked under leases or licences, upon the construction and obligations of which disputes very commonly arise. It seems expedient, therefore, to insert in this place a sketch of the nature of the instrument called a lease; of its form and requisites; and the rules of construction of the covenants contained in them.

A lease is a contract between parties by which the one conveys any lands or tenements to the other for life, for years, or at will. But it is always necessary that the lands or tenements must be let for a less time than the period for which the lessor has an interest in the property. The relation thus created is generally expressed by the phrase, landlord and tenant. A lease is usually made in consideration of rent, or some other annual recompense, to him who conveys the premises. The lessor, or landlord, has a reversion in the lands, &c., which are let; that is, after the expiration of the lease the land reverts to him. By virtue of this reversion, he has the power of distraining on the land for the rent which is agreed upon.

such right; and if he opens and works mines, he will be charged with gross receipts, and will be disallowed the expenses of working. (Millet v. Davey, 31 Beavan, 470.)

The remedies for waste are either by action of trespass, which may be brought by the person in reversion or remainder, for life or for years, as well as in fee; or, secondly, by application to a Court of the Chancery Division, which will then not only direct an account to be taken for the damage done, but will interpose, by way of injunction, to restrain the commission of future waste. Ecclesiastical persons may also be proceeded against for waste. It has been held that an action will lie against them for dilapidations, and may be brought by the successor to a benefice against his predecessor or his representatives.

CHAPTER II.

LEASES AND LICENCES.

THE mineral districts of Great Britain are generally worked under leases or licences, upon the construction and obligations of which disputes very commonly arise. It seems expedient, therefore, to insert in this place a sketch of the nature of the instrument called a lease; of its form and requisites; and the rules of construction of the covenants contained in them.

A lease is a contract between parties by which the one conveys any lands or tenements to the other for life, for years, or at will. But it is always necessary that the lands or tenements must be let for a less time than the period for which the lessor has an interest in the property. The relation thus created is generally expressed by the phrase, landlord and tenant. A lease is usually made in consideration of rent, or some other annual recompense, to him who conveys the premises. The lessor, or landlord, has a reversion in the lands, &c., which are let; that is, after the expiration of the lease the land reverts to him. By virtue of this reversion, he has the power of distraining on the land for the rent which is agreed upon.