1885.] LEGAL. 397 



1)6 excellent which developes such shrubs as this and the maiden- 

 hair tree, whose maturity of growth is testified Ly the leaves sent. 

 The umbrella tree has very large white flowers, slightly scented, 

 appearing in May or June. Has our correspondent observed them ? 



Will our correspondents note that " Young Forester " is used 

 twice in this issue, and adopt initials, or some more distinctive 

 mark of their letters ? 



AiiCiiiBALD Henderson, Tullamore, King's County, Ireland. — The 

 specimen of hazel you send — grown on the property of the Eight 

 Hon. Lord Digby — is a new and beautiful variety, which we do not 

 think is at present in cultivation. You appear to be right in 

 naming it Corylus urticifolia. But we shall write you shortly on 

 the subject. 



About Ourselves. — In compliance with the wishes of many of 

 our subscribers, we have reverted to the plan of issuing our volumes 

 annually. The index, title-page, etc., of the present volume will 

 accordingly be presented in their due course. 



i 



EGAL. 



DFCLSIONS BY THE ENGLISH SUPERIOR COURTS 

 CONCERNING LANDED PROPERTIES. 



THE Fidd recently summarized the decisions on two cases the 

 particulars of which were recently given to our readers (vol. 

 X. pp. 157 and 317, as well as vol. xi. pp. 2G8 and 333). The 

 article touches several new points. 



Eegarding the High Dale Park case, in which the contention was 

 as to whom blown timber belonged, Mr. Justice Pearson maintained 

 that trees blown down, though some of their roots still hold to the 

 soil, and for a season continue to put forth buds in spring, are not 

 attached to the " freehold " of High Dale Park ; and were thus the 

 property of the executors under the will of Mr. Ainslie, who enjoyed 

 the liferent of the estate. The new owner, however, appealed 

 against this decision. 



The Court of Appeal, composed of the (new) Lord Chancellor, 

 with Lords Justices Cotton and Lindley, reversed this decision. 

 The Lord Chancellor laid down that so long as some " new force " 

 (more than was required to overcome the vis inerticc of timber) was 

 necessary in order to move a fallen tree, the latter should be con- 

 sidered to be still attached to the freehold. If its roots were 

 severed, but had soil sticking to them, it would not be so " attached," 



