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Defined in 2 dictionaries — Cyclopedic (1922), Bouvier (1914)

The Cyclopedic Law Dictionary

Walter A. Shumaker and George Foster Longsdorf; ed. James C. Cahill · 1922

DAY, AND WASTE (Lat. anniis, dies, et vastum). A part of king's preroga^ tive, whereby he takes the profits of the lands and tenements of those attainted of petty treason or felony, for a year and a day, but, in the end, may waste the tenements, destroy the houses, root up the woods, gardens, and pasture, and plough up the meadows (except the lord of the fee agree with him for redemption of such waste); after which the lands are to be restored to the lord of the fee. Staundf. Prerog. c. 16, fol. 44. By Magna Charta, it would appear that the profits for a year and a day were given in lieu of the waste. 9 Hen. Ill, c. 22. But 17 Edw. II. declares the king's right to both.

Bouvier's Law Dictionary and Concise Encyclopedia

John Bouvier; revised by Francis Rawle · 1914

DAY, AND WASTE (Lat. annus, dies, et vastum). A part of king’s prerogative, whereby he takes the profits of the lands and tenements of those attainted of petty treason or felony, for a year and a day, but, in the end, may waste the tenements, destroy the houses, root up the woods, gardens, and pasture, and plough up the meadows (except the lord of the fee agree with him for redemption of such waste); after which the lands are to be restored to the lord of the fee. Staundford, Prerog. c. 16, fol. 44. By Magna Carta, it would appear that the profits for a year and a day were given in lieu of the waste. 9 Hen. Ill, c. 22. But 17 Edw. II declares the king’s right to both. It was, in practice, usually compounded for by the person who claimed the escheat. The crown’s claim of forfeiture (except in the case of outlawry) was abolished in England in 1870.