Lavatera 



( 480 



Law 



LAVATERA. 



Hardy and half-hardy annuals, biennials, and 

 perennials (iird. Malvacca:). The genus contains 

 several handsome plants, of which arborea varie- 

 gata, so much in request for sub-tropical bedding,, 

 is perhaps the most useful. Trimestris and its 

 white variety are also in common cultivation. 



Propagation. By seeds, those of the annuals 

 being sown early in the spring where they are to 

 flower; the biennials, in July on an open border, 

 in rather firm soil. 



Soil. Any rich, light soil will do, and mulchings 

 of rotten manure, and occasional doses of liquid 

 sewage, are much appreciated. 



Principal Species and Varieties : 



arborea, 6' to 9', sum., trimestris, 3' to 6', sum., 



aut., bien., pur. Tree hdy. aim., ro. 



Mallow. alba, wh., aim. Both 



variegata, Ivs. gm., good bedders. 

 wh. 



Othar Species : 



cretica, 4' to*', Je., hdy. maritima, 2', My., hdy., 



ann., deep pur. (?yu. wh., shrubby. 



Malva mauritiana). Olbia, 6', Je., Oct. hdy., 



Insularis, 4', grh. shr., red, pur. Lespida is a 



yel.^wh.,. striped pur. var. Tree Lavatera. 



LAVRADIA. 



A small genus (prd. Violarisn) of stove sub-shrubs, 

 increased by cuttings of the half-ripened shoots in 

 sand, in a close propagating frame. Soil, sandy 

 peat and fibrous loam in equal parts. 



Principal Species : 



montana, 2' to 3', ro. (*yn. glandulosa). 



LAW. 



The legal rights, responsibilities, and privileges 

 of owners, and occupiers of gardens, as well as 

 those employed in them, are matters of such 

 general importance that a few of the principal 

 points of law affecting gardens and gardeners are 

 given below. 



The Removal of Trees and Shrubs. According 

 to law, all things affixed to the soil become part of 

 the freehold, and are not removable by the tenant 

 or lessee, unless grown for trade purposes. This 

 applies to trees, shrubs, and plants that rest in and 

 depend on the soil for their existence, and though 

 they may have been planted by the tenant, he lias 

 no right to lift and remove them, on the termina- 

 tion of the tenancy, without permission from the 

 landlord. If an outgoing tenant wrongfully re- 

 moves growing trees, shrubs, and plants, the 

 landlord may demand damages. To avoid mis- 

 understandings, an ingoing tenant should have 

 an agreement with the landlord as to what 

 he may and may not remove when his tenancy, 

 expires. 



Greenhouses and Other Structures. A green- 

 house, potting shed, or other building erected by a 

 tenant, may be removed if it merely rests upon ihe 

 ground or upon foundations, even though the latter 

 be affixed. If, however, the building is cemented 

 to foundations fixed in the ground, it is not remov- 

 able. Careful consideration is given to the char- 

 acter of the erection, and the way in which it is 

 supported on the ground, and, while having due 



Lavender Cotton (sec Smtolina). 



regard to existing principles, the court generally 

 favours a liberal interpretation of the law. 



The Right of Building. Generally speaking, 

 there is no restriction upon a tenant erecting a 

 .greenhouse or other building, at his own risk, 

 except in cases where there is a written agreement 

 not to erect additional buildings without the land- 

 lord's consent. The right of removal, however, 

 depends on the mode of construction, as shown 

 above. It is always advisable to obtain a copy of 

 the bye-laws of the local authority before building, 

 to ascertain whether the consent of that authority, 

 or approval of the plans, is necessary. 



Privileges of Nurserymen. In the case of 

 nurserymen, special privileges are enjoyed respect- 

 ing the removal of trees, shrubs, plants, and green- 

 houses, as they are " trade fixtures," and ready 

 removal is necessary in order to carry on business. 



Overhanging Trees. Where the branches of 

 trees overhanging from the land of an adjoining 

 occupier constitute a nuisance, the owner of the 

 trees should be requested to lop the branches. If 

 he refuses, the aggrieved party may take the law 

 into his own hands, and lop the branches himself. 



Fallen Fruit. It is a mistake to think that a 

 person has the right to pick up the fruit that falls 

 on his premises from the tree of an adjoining 

 occupier. The owner of the tree may, after asking 

 the adjoining occupier to deliver up the fruit, enter 

 the latter's premises to pick it up, but he is liable 

 for any damage that he may cause in so doing. 



Poultry and Animals. No person has a right to 

 keep poultry or animals which are a nuisance to 

 his neighbours, and offended parties may take pro- 

 ceedings for an injunction. Local authorities 

 occasionally have bye-laws on the subject, by 

 which such nuisances are suppressed. Damages 

 may be claimed in the County Court against the 

 owner of poultry or animals that are allowed to 

 trespass, but if the trespass is due to the fences of 

 the aggrieved party not being secure, no damages 

 are recoverable. No person has a right to kill 

 poultry or animals that trespass on his premises. 

 By doing so he makes himself liable to a claim 

 for damages. 



Boundary Fences. The liability to repair hedges, 

 fences, and walls rests with the owner of the pro- 

 perty on which the fences, etc., stand. The title 

 deeds generally indicate this, but when there is no 

 evidence as to the ownership of a wall, the Court 

 would direct a jury to find that it .belonged to the 

 adjoining proprietors as tenants in common. In 

 the case of a hedge and ditch, the owner of the 

 land on which the hedge stands is presumably 

 owner of both, as his predecessor is supposed to 

 have dug the ditch, and thrown up the soil on to 

 his own land in which to plant the hedge. A 

 wooden fence is supposed to be the property of 

 the person on whose land the palings are fastened 

 to the post, because he would sink the posts on his 

 own land, and also 'stand on his -own property to 

 nail on the palings. 



Gardeners' Engagements. A gardener employed 

 in a private establishment is a domestic servant, 

 and, generally, domestic servants are entitled to a 

 month's notice, or a month's wages in lieu thereof. 

 A gardener, however, may bo summarily dismissed 

 without notice if guilty of gross misconduct, such 

 as disobedience to lawful orders, using abusive 

 language to his employer, wilfully absenting him- 

 self from duty, and so on. 



