a upon his marriage settle land to the use of himself and m his wife and the  heir of their two body afterward a die sans issue m marry d the defendant be  then tenant in tail after possibility of issue extinct and m and d have fall  some tree in a grove that grow near and be a ornament to the mansion house and  have a intention to fall the rest the plaintiff to who the land do belong in  remainder bring his bill to restrain m from sell those tree and to have a  injunction to stay the commit of waste this Cause be refer and if the party  can not agree then to be set down again but Lord Chan Nottingham discover his  inclination strongly for grant a injunction east Abraham and Bubb Freem Rep  his lordship say if there be tenant for life without impeachment of waste and  he go to pulldown house c to do waste malicious this court v ill restrain  although he have express power by the Act of the party to commit waste for  this court will moderate the exercise of that power and will restrain  extravagant humorous waste because it be pro good public to restrain it and he  say he never know a injunction deny to stay the pull down of house tenant for  life without impeachment of waste unless it be to sergeant peck in Lord equity  case abridge er p Oxford case and he say he believe he shall never see this  court deny it again ibidem a lease be make by a bishop for twentyone year  without impeachment of waste of land that have many tree upon it the tenant  cut down none of the tree till about half a year before the expiration of his  term and then go to fall down the tree and he be enjoin by this court for  though he may have fall tree every year from the beginning of his term and  then they will have be grow up again gradual yet it be unreasonable that he  shall let they grow till towards the end of his term and then sweep they all  away for though he have a power to commit waste yet this court will model the  exercise of that power cite per Lord Chan Nottingham in the case of Abraham  and Bubb as the case of the bishop of Winchester ibidem tenant for life  remainder to the first son for life without impeachment of waste with  remainder over the first son by leave of the lessee of tenant for life come  upon the land and fall the tree although he can not in that case be punish by  a action of waste yet he be enjoin by this court cite per Lord Chan Nottingham  as the case of lady evelin ibidem a woman tenant in tail after possibility of  issue extinct be restrain from commit waste in pull down house or in cut down  tree which stand in defence of the house and fruit tree in equity case abridge  the garden but for some turret of tree which stand a land be length or two  from the house the court will grant no injunction because she have by law  power to commit waste and yet notwithstanding she be restrain in the  particular aforesaid because that seem to be malicious hill anon Freem Rep can