1885.J AjSF arbitrator AND HIS A WARD. 221 



These deadly properties add naturally to the awe with wliich the 

 solemn boughs of the yew must be regarded, though enlivened in 

 spring by small spikes of yellow stamens or by the delicate pink 

 berries, each with its green seed nestling within. The great yews of 

 Darley in Derbyshire, of Crowhurst in Surrey (30 feet), of Mahmi- 

 lade, of Hounslow (2 7 feet), of Selborne, Hants, and of Crowhurst 

 in Sussex, each over 24 feet in girth, are, of course, the wonders of 

 their country-side, and many another grand old tree might be 

 named ; but others less noticeable for size or antiquity have a 

 solemn charm of their own. The singularly dark foliage of the 

 upright or " fastigiate " Irish variety, first found at Florence Court, 

 Enniskillen, is now seen in every cemetery ; whilst the topiarian art 

 in many an old manor or farm-house garden shows the yew, patient 

 under the shears, being in fact one of tlie best hedgerow shrubs, 

 tortured into peacocks, pyramids, teapots, and other fantastic but 

 unnatural shapes. Certainly the yew is a tree which in its varied 

 surroundings reflects many aspects of our history, religion, and .social 

 life. It is a tree of which we may be proud as of sturdy oak, of 

 hedgerow elm, or of ancient holly. G-. S. Boulgee. 



i 



EGAL. 



GAX AX ARBITRATOR CONSULT, AND EMBODY THE 

 RULING OF A LAWYER IN HIS AWARD? 



NO, according to a decision recently given at the Wigtori (Cum- 

 berland) County Court. The plaintiff was Miss Aldersey, of 

 Aspatria, who sued Edward and Sarah Toppin, of the same place, 

 for £20, Ss. Gd. for damages to fences, gates, etc., and for misman- 

 agement of land of which defendants were tenants. Defendants 

 answered by filing a counter claim to the amount of £44, ISs. lOd. 

 By mutual agreement the matters in dispute had been referred for 

 settlement to Mr. W. J. Hesket, laud agent, Penrith, who found for 

 the plaintiff for £15, 19s. 6d., plaintiff to pay one-fourth of the 

 costs. Mr. Eigg, solicitor, has now applied for the award to be set 

 aside, on the groiind that the arbitrator had consulted a solicitor 

 on a point of law, whereas he sliould have come for instruction to 

 the Court. It was submitted that the arbitrator had no power to 

 go to a solicitor and obtain his decision on a legal point, and then 

 make his awanl on tliat decision. The judge said he would not set 

 aside the award, but would refer it back to the arbitrator to state 

 the point of law on which he found a difficulty. The award was 

 accordingly referred back. 



