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Primd facie such trees are part of the inheritance, and to cut them at any age will be waste. For this last reason they are distinguishable from silva cadua, or seasonable wood, which a tenant can cut ( Inhabitants of Ferrybridge, 1823, 1 Barn & Cress 375 ; 25 R E 411 ; cp. Phillipps Smith, 1845, 14 Mee & 589). By custom, however, timber may remain silva cmdua up to a certain growth, and be cut by a tenant as seasonable wood (Viners Abridgment, "Waste," pi 7, ; Dashwood Magniac, [1891] 3 Ch 306, 332 ; see Honywood Honywood, 1874, 18 Eq 306, 309). As to the meaning of " timber estate," " timber," etc, see further, Dashwood Magniac, supra. prev next |