1885.] LEGAL. 317 



Company stated that they already carried 25 to 30 cwt. to the ton, 

 and had used the tape measurement, which was the fairer method, 

 for forty years. On the other hand, the respondents said that 

 the tape system was introduced by a railway company, and that 

 the Act had reference to string measurement, which had been 

 the system in vogue between buyer and seller for centuries, and 

 was the principle pursued with regard to the carriage of 

 timber by sea. Mr. Justice Grove, in giving judgment, said : — 

 He had come to the conclusion that string measurement was 

 more accurate in this regard than tape measurement, although 

 they were both erroneous. No doubt in doubling the string 

 something was lost, but it was very little indeed, and they must 

 assume that that practice had been settled to ascertain the 

 proper weight. The judgment of the County Court Judge was, he 

 thought, right, and ought to be affirmed. Mr. Justice Smith con- 

 curred, and said he thought the Company's Act had reference to 

 the ordinary mode of measuring timber in vogue at the time of its 

 passing, which was by string measurement. Appeal dismissed, 

 their lordships giving leave to appeal. 



THE HIGH DALE PARK CASE. 



AN" appeal has been made by Mr. Harrison against the judgment 

 in this case, relating to the right of property in blown 

 timber, given at page 158 of our December number, in which the 

 trustees were enjoined to apply as much of the proceeds of the 

 sale of trees blown as was necessary to renew and replant the 

 plantations devastated by the gale, and to pay the yearly income of 

 the invested residue to the tenant for life. Lord Justice Baggallay 

 said it had been repeatedly held that larch trees were not timber or 

 subject to the same rules as timber, although oak and ash, and in 

 some places birch and beech, were timber. Larch trees, once cut, 

 did not throw out shoots from the stools or trunks left, and when 

 once cut there was an end of them. 



In the absence of misconduct, the tenant for life was entitled to 

 receive the income from the proceeds of timber trees cut down on 

 the estate. Mr. Justice Pearson had treated the case as if there 

 had been timber trees blown down. His lordship did not take 

 quite the same view, because the larch trees weie not cut till fifty 

 years old, and were not immediately replaceable. It would be wrong 

 to say, however, that they were meant to descend to the children. 

 In fifteen years they would probably have been cut down, and as 

 the widow was under forty years old, this would have happened 



