If the tenant in possession of land, pending any suit to recover or charge the same, with knowledge of such suit, commit any waste on the land, the court in which the suit is, or the judge of the court in vacation, may, on petition of the plaintiff alleging such waste, verified by oath, and after reasonable notice to the tenant, make an order forbidding the tenant to commit further waste on the land during the pendency of the suit and disobedience of the order by the tenant, after he shall have been served with a copy thereof, may be punished as a contempt by the court in term or by the judge in vacation; but it shall be provided in the order aforesaid that it is not to take effect until the plaintiff, or someone for him, shall have given bond with sufficient surety before the court or the clerk thereof in his office, in such penalty as the court or judge thereof shall prescribe, with condition to pay to the tenant, in case the plaintiff does not succeed in recovering or charging the land, such damages as may accrue to the tenant in consequence of such order. If the plaintiff succeed in recovering or charging the land, he may recover in an action on the case against him who committed the waste three times the amount of the damages assessed therefor.

History

Code 1919, § 5511.