. LAW RELATING TO TREES, WOODS, AND PLANTATIONS. 333 
possession is entitled to cut wood, and to do so to a very 
considerable extent. Indeed, if he cuts ripe wood such as a 
proprietor in fee simple may fairly be expected to cut, and does 
not anticipate the proper time for cutting, and dispose of wood 
before it is ripe, so as unfairly to benefit himself at the expense 
of his successors in the entailed estate, I think that his right and 
power to cut wood is very wide, and that this Court cannot in 
the general case interfere to restrict it.” But the heir in 
possession will be prevented from cutting such trees as are 
“‘required for the reasonable enjoyment of the mansion-house by 
persons in the rank of life which the inmates of such a house 
may be supposed to hold” (Lord Deas in the above case). 
Prohibitions as to cutting, if properly constituted in the deed of 
entail, will be given effect to as far as possible. Cutting unripe 
timber is not considered a proper act of administration, and the 
heir of entail would be restricted from so cutting. The heir of 
entail is only absolute owner of cut wood, hence the right to cut 
ceases with his death, and no further cutting is allowed although 
the wood has been sold. A trustee for creditors may exercise 
the heir of entail’s rights of cutting. Individual creditors, it is 
thought, may adjudge the faculty of cutting. , 
III. LANDLORD AND TENANT. 
In leases between landlord and tenant the woods are almost 
invariably reserved to the landlord. If the tenant has any rights 
at all in the woods on his farm, they can only be used for the 
benefit of the holding. 
OUTLAY ON PLANTING. 
Heirs of Entail_—uUnder the various Entail Acts the heir in 
possession is entitled to charge the estate, exclusive of the 
mansion-house, offices, and policies, with the expense incurred 
on planting. He may do so in the following manner :— 
(1) By an annual rent charge extending over twenty-five 
years, at a rate not exceeding £7, 2s. for each £100 
of outlay, including the whole expenses of the loan; or 
(2) By bond and disposition in security for three-fourths of 
the outlay and three-fourths of the expenses; and 
(3) An heir in possession, who has paid one-fourth of the 
capital charged under a rent charge, is entitled to 
