392 LEGAL. [March 



EGAL. 



THE RATING OF WOODS AND PLANTATIONS. 



THIS important appeal occupied the magistrates at Bromyard 

 Petty Sessions, on January 19tli, for six hours — Sir R. 

 Harrington, Bart., in the chair. The appellant, Mr. J. H. B. Lutley, 

 of Brockliampton Court, questioned the rate of 10th Xovember 

 last, laid ou his property of Brockhampton estate by the overseers 

 of the parishes of Linton, Lower Brockhampton, Norton, and Whit- 

 bourne, and the assessment committee of the Bromyard Union. After 

 some preliminary teclmical objections M'hich were overruled, Mr. 

 Tree stated that this was an appeal by Mr. Lutley against certain 

 poor-rates demanded of him in respect of some woods and planta- 

 tions of which he was the owner and occupier, known as Brock- 

 hampton, which was situated in the four distinct parishes named. 

 The ground of objection stated by Mr. Lutley in his notice of 

 appeal was substantially that he was rated to an excessive amount. 

 The sole question he wished the magistrates to decide was this one 

 of amount. There was no dispute that the property was not liable 

 to be rated, yet he objected that part of it was not liable, as there 

 was no beneficial occupation of it. The rateable value was put in 

 some cases at 5s., 10.s., and 15s. per acre, whereas, in the ojDiniou 

 of Mr. Stooke, of Hereford, a surveyor and valuer of great experience, 

 the gross value ought not to exceed Is. Upon the property there 

 was no saleable underwood exclusively, but it consisted either of 

 plantation, or plantation with saleable underwood. The only ques- 

 tion that could arise as to the part of the estate which could be 

 considered plantation or wood only, was whether the amount assessed 

 was or was not more than could be obtained from a tenant if the 

 land were let to him in its natural and unimpaired state. Mr. 

 Stooke was of opinion that beyond a right of shooting over the 

 property there was no beneficial occupation whatever of the estate 

 in its natural condition. 



The Chairman : If that is so, it must be worse than the top of a 

 Scotch mountain. (Laughter.) 



Mr. Tree, continuing, said the right of shooting over the property 

 was estimated to be worth 6d. per acre ; and Mr. Stooke lield that 

 for the growth of saleable underwood there would also be no bene- 

 ficial occupation. The total value of the wood on the property, 

 allowing for fourteen years' growth, was estimated at £129, 13s. 6d. 

 The payments made annually by Mr. Lutley in respect of the pro- 



