This section is from the book "Popular Law Library Vol7 Equity Jurisprudence, Trusts, Equity Pleading", by Albert H. Putney. Also available from Amazon: Popular Law-Dictionary.
Injunctions will be issued against the commission of waste by the party in possession. Even if the tenant holds "without impeachment of waste," he may be enjoined from the commission of voluntary waste.
The leading case on this branch of the law is that of Vane vs. Lord Barnard, generally known as Lord Barnard's case, and reported in Precedents in Chancery,7 as follows:
"Lord Barnard was tenant for life without impeachment of waste; and this bill was brought against him by those in remainder for an injunction to stay his committing of waste; and by the proofs in the cause it appeared, that he had almost totally defaced the mansion house, by pulling down a great part and also going on entirely to ruin it; whereupon the court not only granted an injunction against him to stay his committing further waste, but also ordered a commission to issue six commissioners, whereof he to have notice and to appoint three on his part; or in default thereof, the six commissioners to be named ex parte, to take a view and make a report of the waste committed; and that he should be obliged to rebuild, and put it in the same plight and condition it was at the time of his entry thereon, and it was said that the like injunctions had frequently been granted in this court; and that the clauses of without impeachment of waste never were extended to allow the very destruction of the estate itself; but only to excuse from permissive waste, and therefore such a clause would not give leave to sell and cut down the trees which were the ornament or shelter of his houses, much less to destroy or demolish his house; and so it was ruled in my Lord Nottingham's time. 2 Chan. Cases, 32."
7 Precedents in Chancery, 454; also reported in 2 Vernon, 738.