(4701.) SEC. 4. An heir, whether of full age or not, after Suit by heirs.] coming into possession of the inheritance, may maintain an action on the case for waste done in the time of his ancestor, as well as in his own time, unless a recovery shall have been had therefor by the executor or Administrator of such

ancestor.

may be brought.

(4702.) SEC. 5. Such action may be brought by the person By whom action having the next immediate estate, in fee, or for life or years. in the premises in question; or by any person who has the remainder or reversion in fee, or for life, after an intervening estate for life or years; and each of them shall recover damages according to his estate in the premises.

(4703.) SEC. 6. If the plaintiff in such action prevail therein, Judgment. he shall have judgment for double the amount of damages. found by the jury.

mission of Waste

(4704.) SEC. 7. After the commencement of any action on staying the comthe case for waste, or of any action for the recovery of land, by defendants. or of the possession of land, the defendant shall not make any waste of the land in demand or premises in question, during the pendency of the suit; and if such defendant shall commit any waste thereon, or shall threaten or make preparations to commit waste thereon, the Court in which the suit is pending, or any Justice of the Supreme Court, or Circuit Court Commissioner, either in term time or vacation, shall have power, on the application of the plaintiff, to make an order restraining the defendant from the commission of any waste, or further waste thereon.

ter Attachment

ied.

(4705.) SEC. 8. If any person shall commit, or threaten, or staying Waste afmake preparations to commit any waste on any real estate or Execution levwhich shall be attached, or levied upon by execution in any civil action, the Court from which such execution or attachment shall have issued, or any one of the Justices of the Supreme Court, or a Circuit Court Commissioner, may, on the application of the plaintiff, either in term time or vacation, make an order restraining such person from committing any waste, or further waste thereon.

of Land sold on

(4706.) Sec. 9. Whenever any lands or tenements shall be Action for Waste sold by virtue of an execution, issued upon any judgment or Execution. decree, the person to whom a conveyance may be executed by the Sheriff pursuant to such sale, may maintain an action on the case for waste against any person, for any waste committed by such person on the premises after such sale.

Exception.

Certain acts not

Waste.

Violation of er

der, how punished.

Notice to show cause.

Form of commitment.

(4707.) SEC. 10. But no person lawfully entitled to the possession of any premises so sold, shall be liable to any such action for doing either of the acts authorized in the next section.

(4708.) SEC. 11. Any person entitled to the possession of lands or tenements sold under execution, may, until the expiration of fifteen months from the time of such sale, use and enjoy the same, as follows, without being deemed guilty of

waste:

1. He may, in all cases, use and enjoy the premises sold, in like manner, and for the like purposes, in and for which they were used and applied prior to the sale, doing no permanent injury to the freehold;

2. If the premises sold were buildings, or any other erections, he may make necessary repairs thereto, but he shall make no alterations in the form or structure thereof;

3. If the premises sold were land, he may use and improve the same, in the ordinary course of husbandry; but he shall not be entitled to any crops growing thereon at the expiration of the said fifteen months;

4. He may apply any wood or timber on such land to the necessary reparation of any fences, buildings or erections which may have been thereon at the time of the sale;

5. If the land sold is actually occupied by such person, he may take necessary firewood therefrom for the use of his family.

(4709.) SEC. 12. If the person against whom any order shall be made to restrain waste, as provided in this chapter, shall, after the service of a copy thereof, commit any waste in violation of the said order, he shall be liable to be proceeded against and punished in the same manner as for a violation of an injunction to stay waste, according to the proceedings of Courts of Equity; and for that purpose the Court or officer making such order, shall possess full equity power and jurisdiction.

(4710.) SEC. 13. When complaint shall be made of the violation of any such order to restrain waste, the Court or officer may order notice to be given to the person complained of, to show cause why he should not be committed.

(4711.) SEC. 14. Upon satisfactory proof of such violation, such Court or officer shall issue a warrant to the Sheriff of the county, reciting such order and the violation thereof, and thereby commanding such Sheriff to commit such person to close

confinement, for such term of time, not more than one year, as

shall be deemed expedient.

be executed.

(4712.) Sec. 15. The Sheriff shall execute such warrant How Warrant to accordingly, and shall commit the person named therein, without allowing him the liberties of the jail.

may be discharg

(4713.) SEC. 16. Such warrant may be superseded, and such when defendant person may be discharged by the Court or officer committing ea. him, upon receiving a bond, in such penalty, and with such sufficient sureties as such Court or officer may approve, to the person applying for the warrant of commitment, conditioned that such prisoner shall not commit any waste on such premiwhich bond shall be delivered to such applicant for his use, and to be prosecuted by him for any breach of the condition thereof.

tion of Circui

(4714.) SEC. 17. The Circuit Court for each county shall Equity jurisdic have equity jurisdiction of all matters concerning waste, in Court. which there is not a plain, adequate and complete remedy at law; and may grant injunctions to stay or prevent waste; and whenever it shall be necessary or proper to have any fact tried by a jury, such Court may award a feigned issue for that purpose, as in other cases.

Chapter One Hundred and Eleven of Revised Statutes of 1846. (a)

(4715.) SECTION 1. Every person who shall cut down or carry off any wood, underwood, trees or timber, or shall girdle or otherwise despoil or injure any trees on the land of any other person, without the leave of the owner thereof, or on the lands

(4) For a new enactment, see the Act of March 17, 1847, given in Chapter 17, p. 253.

8 Johnson, 343. 2 Gilman, 138.

Exceptions of cer

tain cases.

Trespass may be brought in case

or detainer.

or commons of any city, township, village or other corporation, without license therefor given, shall be liable to the owner of such land, or to such corporation, in three times the amount of damages which shall be assessed therefor in an action of trespass, by a jury, or by a Justice of the Peace in the cases provided by law.

(4716.) SEC. 2. If, upon the trial of any such action, it shall appear that the trespass was casual and involuntary, or that the defendant had probable cause to believe that the land on which such trespass was committed was his own; or that such wood, trees or timber were taken for the purpose of making or repairing any public road or bridge; judgment shall be given to recover only the single damages assessed.

(4717.) SEC. 3. If any person shall be ejected or put out of of forcible entry any lands or tenements in a forcible and unlawful manner, or 4 Mich. Rep. 173. being put out, be afterwards holden and kept out by force, or with strong hand, he shall be entitled to maintain an action of trespass, and shall recover therein three times the amount of damages assessed by the jury or a Justice of the Peace in the cases provided by law.

Mass., R. S., Ch. 106.

Judgment in action for Nuisance. 11 Pick., 452.

Chapter One Hundred and Twelve of Revised Statutes of 1846.

(4718.) SECTION 1. In actions on the case for a private nuisance, when the plaintiff prevails, he shall, in addition to the usual judgment for damages and costs, also have judgment that the nuisance be abated and removed, unless the Justice holding

the Circuit Court at which any issue of fact joined therein shall be tried shall certify in the minutes of such trial, that the abatement thereof is unnecessary.

Warrant in case

Nuisance be

(4719.) SEC. 2. In case of a judgment that the nuisance be Execution and abated and removed, the plaintiff shall have execution in the of judgment that common form for his damages and costs, and a separate warrant abated. to the proper officer, requiring him to abate and remove the nuisance, at the expense of the defendant, in like manner as public and common nuisances are abated and removed.

(4720.) SEC. 3. The Court may, on the application of the How Warrant defendant, order a stay of such warrant for such time as may may be stayed. be necessary, not exceeding six months, to give him an opportunity to remove the nuisance, upon his giving satisfactory security to do so within the time specified in the order.

(4721.) SEC. 4. The expense of abating and removing the nuisance pursuant to such warrant, shall be collected by the officer in the same manner as damages and costs are collected upon execution, excepting that the materials of any buildings, fences, or other things that may be removed as a nuisance, may be sold by the officer, in like manner as goods are sold on execution for the payment of debts; and the officer may apply the proceeds of such sale to defray the expenses of the removal, and shall pay over the balance thereof, if any, to the defendant upon demand; and if the proceeds of the sale are not sufficient to defray the said expenses, he shall collect the residue thereof as before provided.

Expense of removing Nuisance on Warrant, how collected.

tion in case of

(4722.) SEC. 5. The Circuit Court for any county shall have Equity jurisdieequity jurisdiction in all matters concerning nuisances, where Nuisance, etc. there is not a plain, adequate and complete remedy at law, and may grant injunctions to stay or prevent nuisances.