2& 



THE GARDENER'S MONTHLY 



[January, 



stands wholly within the boundary line of one 

 owner he owns the whole tree with it« products, 

 although the roots and branches extend into the 

 property of the other. There was an old rule of 

 law that the latter might claim from the yield of 

 the tree as much as would be an ofiset for the 

 iiourishmerit it derived from his estate, but this 

 is now obsolete. The law gives the land owner 

 on whose soil the tree stands the right to cut it 

 down at his pleasure, and to pluck all the fruit 

 from it while it atands. In New York State the 

 courts have decided that trespass for assault and 

 battery would lie by the owner of the tree 

 against the owner of the land over which its 

 branches extended if he prevented the owner of 

 the tree, by personal violence, from reaching 

 over and picking the fruit growing upon these 

 branches while standing on the fence dividing 

 the lands. The owner of the land over which the 

 branches extend may lop the branches close to 

 his line. He may also dig down and cut the 

 roots square with his line, if he so elects. In 

 jilain terms, if no portion of the trunk is within 

 his line he may refuse all trespass of the tree on 

 liis premises, either above the ground or below 

 it. But if he gives the tree license either to ex- 

 tend its roots under his soil or to hang its branch- 

 es over his premises he does not thereby gain 

 any right to its fruit. He cannot pick it for him- 

 self nor interfere with the picking by the owner, 

 as long as the latter remains in the tree or on 

 the fence which divides the })roperty. This 

 right to the fruit does not, however, permit the 

 other owner to come upon the soil on the other 

 side of the line to gather the fruit, and all the 

 fruit which falls without violence to the ground 

 on that side may thus become the property of 

 its owner. 



Areca Baueri. — Seaforthia robusta, is a syno- 

 nym of Areca Baueri, as no doubt most persons 

 who read the note at p. 380, last month, under- 

 stood, though the accidental omission of the usual 

 marks ( ) of parenthesis, made it, perhaps, ob- 

 scure to some. 



Ancient Ploughing.— The annexed illustration 

 of an ancient British plough and ploughman, is 



from a recent lecture by Mr. C, C. Babbington, 

 as given in The London Gardener's Chronicle. 



Scholarly Writing, — Sometime since we noted 

 the request of a correspondent to " excuse his 

 poor writing, as he had not the benefit of a scho- 



lastic education." "We copied a piece from a 

 school book by Oomstock, and hoped our cor- 

 respondent would continue to write somewhat 

 different from such an example of the scholas- 

 tic. A contemporary copies what we said, and 

 gives the following from another school book, by 

 a Professor Harris, but the title of the book is 

 not given : 



" The reality pushes out the potentiality. Or 

 there may be a reality whose actuality and po- 

 tentiality exclude each other. Or, when all po- 

 tentialities are real, it is an immortal being. Or, 

 when one potentiality is real all its potentialities 

 are realized in itself." 



Southern Nurseries. — Nothing gives us more 

 pleasure than to see or hear of the increase or 

 prosperity of first-clasa Southern nurseries, for 

 there is no part of the Union which has so many 

 facilities for the best specimens of gardening as 

 the Southern States. There are already quite a 

 number of excellent fruit nurseries, and some, 

 especially that of Mr. Berckmans, of Augusta, 

 have quite a high reputation for general nursery 

 supplies. We hear from a friend who has re- 

 cently visited the Rosebank Nurseries near 

 Nashville, that these also are taking a high stand 

 in this superior line. As they are the oldest 

 nurseries in the South it is quite a pleasure to 

 know that they are also up among the leaders in 

 the new order of things. ♦ 



T, R. Trumpey. — Among the many changes so 

 frequent in gardening and nursery establishments 

 it is pleasant to note the fact of Mr. T. R. Trum- 

 pey having just passed his twenty-fifth year as 

 propagator to the Messrs. Parsons, of Flushing. 

 A quarter of a century with one firm is truly re- 

 markable. Of the many thousands of rare trees 

 now giving pleasure to numbers over the length 

 and breadth of the land, how much of this pleas- 

 ure is due to Mr. Trumpey's labors ! It may be 

 that he is not yet rich in this world's goods, (how 

 that may be we do not know) but he must at 

 least be rich in the satisfaction he must feel 

 when he thinks of these things. 



James Markey, ihb Celebrated Potter. — On 

 the evening of November 15th, James Markey, 

 who has gained a national reputation as an ex- 

 pert greenhouse workman, dropped dead of 

 heart disease, near his residence on Jersey City 

 Heights. Though only thirty-four years of age, 

 he had been employed in the greenhouses of Pe- 

 ter Henderson for nearly twenty-three years — 

 having begun at the early age of eleven years. 

 In all operations in the greenhouse Mr. Hen- 



