312 



THE GARDENER'S MONTHLY 



[October, 



iflma known as the Myxomycetal, and it is more 

 than likely that it was Spumaria alba, as I have 

 found this species presenting an appearance ex- 

 actly like that noticed by Mr. StauflFer. 



And while I am about it, I may as well saj 

 that Mr. S. might have as properly given ua the 

 old ' Linnsean System ' for our flowering planti 

 as the one he outlined for fungi." 



.ITERATURE, ^RAVELS & pERSONAL SoTES. 



COMMUNICA TIONS. 



LAWS FOR NURSERYMEN. 



BY GEO. HASKELL, IPSWICH, MASS. 



I see by recent statements in the Monthly that 

 land-owners in Pennsylvania and New Jersey 

 are still living under the old common law rule, 

 " that there can be no larceny of the freehold or 

 of anything annexed thereto." Ninety years ago 

 Massachusetts, by statute, limited the application 

 of that rule, and at several times since then 

 statues have been passed for the protection of 

 the soil and its products, so that now we are an- 

 noyed but little by intruders. 



Under existing statues it is provided that : — 

 "Whoever by a trespass, with intent to steal, 

 takes and carries away anything which is 

 parcel of the realty or annexed thereto, the 

 property of another, against his will, shall be 

 guilty of such simple or aggravated larceny as 

 he would be guilty of if such property were per- 

 gonal property."— Gen. Statutes, Chap. 161, ^25. 

 By Section 81 : — " Whoever wilfully commits a 

 trespass by cutting down or destroying any tim- 

 ber or wood standing or growing on the land of 

 another, or by digging up or carrying away 

 any stone, ore, gravel, clay, sand, turf or mould 

 from such land, or any root, fruit or plant there 

 being, without the license of the owner thereof, 

 shall be punished by imprisonment in the jail 

 not exceeding sixty days or by fine not exceeding 

 fifty dollars. 



By Section 83 :—" Whoever wilfully enters any 

 orchard, nursery, garden or cranberry meadow 

 and takes away, mutilates or destroys any tree, 

 ■hrub or vine, or steals, takes and carries away 

 any fruit or flower, Avithout the consent of the 

 owner, shall be punished by a fine not exceeding 

 one hundred dollars or by imprisonment in the 

 House of Correction not exceeding three months." 



By Section 84: — " Wlioever wilfully commits 

 a trespass, by entering upon the garden, orchard 

 or other improved land of another, without per- 

 mission of the owner, and with intent to cut, 

 take, carry away, destroy or injure the trees, 

 grain, grass, hay, fruit or vegetables there being 

 or growing, shall be punished by imprison- 

 ment in the jail not exceeding thirty daj's or by 

 fine not exceeding twenty dollars ; and if any 

 of the off'ences mentioned in this or Section 81 

 are committed on the Lord's day, or in disguise, 

 or secretly in the night-time, the imprisonment 

 shall not be less than five days, nor the fine leas 

 than five dollars." 



It will be seen that these sections are applica- 

 ble to different acts of offence. I have not cop- 

 ied the statute with literal fulness ; but the fore- 

 going are correct abstracts of our laws, and they 

 may aff"ord aid to those who desire similar pro- 

 tection in other States. 



LET US PROFIT BY THE EXPOSITION 



BY RAMBLER. 



The Exposition has (Sept. 10) but sixty d&y% 

 more to live, and how many gardeners have 

 seen it? 



Such, Mr. Editor, were the objects of my re- 

 flections while coming home from the fruit show 

 yesterday, and well might every man of an ob- 

 serving nature cogitate on the above questions, 

 for fully one-half of the gardeners I come in con- 

 tact with, have not visited our "glorious Centen- 

 nial," and the other half not more than once or 

 twice, the last being a rare exception. 



Now, what I wish to call attention to ia this : 

 that some of those who make a great " blow " 

 and noise about their " loyalty, independence 

 and liberty," are first to patronize and aid 

 any undertaking connected with this Centen- 

 nial celebration that will bring their name into 



