

31 



1851] 



THE (i.Y 



V. ! 1 l\ 





i* 



It 



M V] K'lOlM»!> DKONS. 



• i 



*r ."> u) :;iiu jd* 



Pi" 



each, or 



the <?ar- 



■ ir«»» ! ■DinuHpoU l »t"> 



Far H'«rr?j>tion the •bore, s#e 



Much 15, 18il. Alto- the under named :- 



ba, 



... 2*#.to30 



plant*, per i j. 



per do. ... ... ••• ••• ••• zi 



do. ... 6 



,» ft.eplanu, p-rdo. 



4-»«n!ant«. Her do 





mJo p*r 



. • • 



. • . 



- - . 



* ran die. per do. 

 i Gardens, Norwich. August 2. 





a* » 



lT HENCHMAN begs to Btate that bis choice 



m l*i ^USBBDiinoir ready for delivery in packets 



C . «l :#. each. The Seed should be sown 



ft *» d 



trlf. 



*fSl^ketsofchoiceCT!f^RARI\ SEED at 1*. and 2a. Frf ; 

 *Jr i a ROBMil ** &*. per picket.— Edmonton, August 2. 



HOLLYHOCKS. 





; 



*« UBE, PINCE, aao CO., respectfully inform 



f Kblic thet their superb collection of HOLLYHOCKS 



U aJllr in BLOOM, and is well worthy the inspection ot 



7 ,i*a*D** this noble flower, which, owing to the va*t 



2I3ia it* form and [colour, is rapidly and justly 



ZSiTeitinution. It consists of the finest varieties 



***** * - - the collections of the most celebrated 



| their own* roperty are considered as a nui-antv. 



"^ waT** If tliev P ro J ect ° v,r :l 1 b " ic n lxx * as t0 in •"- 



** fere with the free traffic thereon, tl a public 



nuisance ; if they project over the land of a private 



person his rights of property are interf i with. 



and the trees are a private nui nee. In the fii 



case, i. e. where the trees interfere with the j c 



xffic on a pMic h hway, they may. it would 



appear, be lopped by any one 10 has been thereby 



prevented from enjoying his free use of the wav 



but no other injury he may sustain will justify him 



in taking such a course. To quote the words of the 



present Chief Justice of the Court of Queen's 



Bench :* "It is fully established that if there be a 



nuisance in a public highway, a private individual 



cannot of his own authority abate it, unless it does 



him a special injury, and he can only interfere with 



it as far as is necessary to exercise his right of 



Papers and I be read by practical men 



eminent in their se I department. Tents J 



stages v be ere< each « ion of pro- 



du . An aviary, about <jG by BO feet, will be 

 rovided for poultry and orn nental birds. An 

 acre of ground will be occupied with Dahlias in 

 clumps, and the choicest hardy annu j. Care will 

 e taken to collect specimens of all the known 

 Booties Po to< Turnips, Mangold Wurzel, 

 corn, and Grasses, which are to be classified accord- 

 ing to the soil, climate, weight of crop, and time of 

 coming to maturity, proper to each. 



Among the managers we observe the names of 

 Mr. A ibr, of 1 verpool ; Mr. Maund, of Broins- 

 grove ; Mr. Knowlbs, of Birmingham ; Mr. Glex- 





«^:ed from . 



tojZtber with many r&rj excellent ones of their own 



- ?T*ad Co have now ready to send out strong healthy 

 Jflte nlan-s ' which will flower finely next season, at 155. 

 ZSLcknie included. These Hollyhocks are warranted 

 r\ p \nA Co as having been raised fr.m seed carefully 

 .Jjhrthm intheau'umn of 1B50 from the very finest named 

 55, -Kxeter irsery, August 2. 



m ©av&energ' Clirmucle 



SATVBDA Y, A UGU ST 2, 1851. 



BVTINGS rX>R THE BNSUIWG WEEK. 



.- j^f. 5 — Horticultural 3 p.m. 



vwnainVr ^- 7-Nauonal Floricultural 3 r.M. 



mil; Siiuma. T — *T **«• atui Weiineaday, Autj. 6: York Floral 

 SrttettUartO. - F/iday. Aug. 8 : Darlington Horticultural. 



'ew questions are of more importance to those 

 \mniL farms and gardens than that raised in the 

 cm of Martin v. Boyes and another, tried the other 

 it before Mr. Baron Platt, and reported in the 

 <gy papereof last week. We mean the question, " In 

 tit cases is a person whose trees project beyond 

 Jb boundaries of his own property liable to have 

 fan lopped, and by whom ? " In the case now 

 Birred to, it appeared, from the opening of the 

 brned counsel, that the plaintiff had a house in 

 ft principal street of Beverley, with 7 acres of 

 frond attached to it. In front of the house, facing 

 fh street, were some very fine Elm and Chestnut 

 trts, which overhung the wall bounding the plain- 

 life grounds, and extended over the street, forming 

 a feat ornament to the town, shading and protect- 

 Vfthe house, and acting as a shade and shelter to 

 Ikrinhabitants during sunshine and rain. One of 

 tbse teees intercepted the view of the King's Arms* 

 agon an adjoining tavern, the landlady of which 

 explained that her sign could not be perfectly geen 

 onthe market days, and sent a notice to the 

 plartiff to lop these branches. The plaintiff ap- 

 pend not to have paid attention to this notice, and 

 thdandlady made her complaint to some of her 

 frieds in the town-council, of which two of the 

 defidants were members, Mr. Boybs and Mr. 

 Crip. The town-council decided that the branches 

 tf te trees overhanging the street must be lopped. 

 i*odingly, the town-clerk sent the plaintiff 

 I ttice to this effect, and some correspondence 

 ii»td, which raaalted in the plaintiff, by his 

 attcaey, threatening to bring an action against any 

 •nevho damaged his trees. Before the terms of 

 fhisiotice had expired, on the 26th of February, 

 earl in the morning, a number of men, under the 

 direion of one Wood, a market-gardener, who it 

 pared acted under the direction of the two de- 

 ndits already named, came to the grounds of 

 the laintiff, and severed the large branches of 

 15 tes which overhung the wall. Thirty large 

 brarues were severed from 2 to 30 inches within 

 th* xil. This was the act of which the plaintiff 

 combined. The defence set up was that the road 

 belorsd to tfce corporation ; that the trees were a 

 i»isa»e, both public and private ; and that the cor- 

 ponth had a right to lop them. The jury, how- 

 ever, turned a verdict for the plaintiff, with 300/. 



damag. 



Kov\t is, we apprehend, [perfectly clear, on the 

 <>ne hd. that there are cases in which trees pro- 

 jectingeyond the boundaries of their owner's pro- 

 perty ny be lopped with impunity ; and that, on the 

 *ther hd if a person, not legally entitled so to do, 

 iateciei with another's property in the above 

 suuiHia manner, he will deservedly be compelled 

 to pay large sum of money by way of damages, 

 ?n<i peaps be held to come within the malicious 

 icjurieio property act (7 & 8 Geo. IV., c. 30), 

 "Which )uld entail still more serious consequences. 

 It is. en, of great importance that the public 

 should low under what circumstances trees may 



or may^t be lopped by persons other than then- 

 owner. 



Irsttiriuch project beyond the boundaries of 



necessary 

 passing along the highway ; and without considering 

 whether he must show that the abatement of the 

 nuisance was absolutely necessary to enable him to 

 pass, we clearly think that he cannot justify doing 

 any damage to the property of the pemon who has 

 improperly placed the nuisance in the highway, if, 

 avoiding it, he might have passed on with rea liable 

 convenience/' Although, therefore, the trees in the 

 c e of Martin v. Boj/es, intercepted the view of the 

 King's Arrm n, still, as they did not obstruct the 

 free traffic on the road over which they hung, the 

 defendants were not justified in lopping tl m. 



In the second case, where the trees overhang 

 the private property of another, it seems clear that 

 the owner or tenant of such property may lop them, 

 if the owner of the trees refuses so to do. after 

 notice ; sic uiere tuout at num non laidas, is a well- 

 known legal maxim, and no person has ■ ri Jit to 

 plant trees so near the boundary of his own land, as 

 to cause them to overhang the land of his neighbom 

 and to interfere with the vegetation, or obstruct the 

 fight from it. Our readers must, nevertheless, take 

 care how they lop their neighbours' trees ; they must 

 not forget that la^se of time may give a person 

 a right to continue that which was at first only 

 permitted ; and that, although upon the principle 

 which makes every continuance of a nuisance a 

 new nuisance, giving a fresh cause of action, it 

 would seem that the mere fact of the trees having 

 overhung another's land, affords no reason why 

 they should continue so to do ; yet, in a case 

 which occurred some time ago, where a person being 

 sued for a nuisance, occasioned by the manufactory 

 of candles, defended himself upon the ground that 

 three years before the plaintiff became possessed of 

 his property, the defendant had lawfully enjoyed his 

 factory, and carried on the trade of a chandler there. 

 Mr. J." Park said, u 20 years' use would legalise the 

 nuisance ."t They should also be quite sure that 

 the trees do overhang their land ; they must be 

 careful to ascertain where the boundary of their 

 property is, for nothing is more common than for a 

 person to suppose that his boundary is where, upon 

 strict inquiry, it turns out not to be. 



That every one should know as much law as will 

 enable him to keep himself clear of it, is an old 

 saying, in the wisdom of which we have no doubt 

 that these defendants by this time fully concur. 



binning, of Turnham Green; Mr. Flbm©*g, of 

 Trentham ; and many others distinguished for their 

 scientific or practical acquaintance with the subjects 

 which the proposed Exhibition is to embrace. It 

 is to these gentlemen, we presume, that vi tors are 

 to address themselves in the * Enquiry Tent," 

 where those who wish for information concerning 

 the objects exhibited may obtain it. 



From this it will be seen that the Tarvin Hall 

 Exhibition is to be no common affair. We hear 

 that the scheme has been warmly taken up in the 

 neighbouring counties, and we think it promises to be 

 of great local ad\ ltage ; for, to use the words of a 

 correspondent, " it embrace a great variety of 

 objects^ some of them novel, and all calculated to 

 stir up the ther sleepy dibtrict in which the show 

 is to be held." 



ORCHIDS FUR THE MILLION.— No. X. 



By B. S. Williams, gr. to C. B. WlMil, K*q. f Hoddeid 



Hot Climatb— Pi-ants giiown in Pots with Plan 

 BmtiHJLii' tkmiflorwn, flowers continuously from 

 h iruary to May. The flowers are a beautiful brij I 

 pillow. " It succeeds best in a pot in fibrous past juid 

 good drainaga, with a geod supply of heat and moistura 

 taring the rowing season ; but it ihwiid afterwards be 

 placed at the coolest end of the house, and should re* 

 eeive very little water. 



JOmdroOiiMmmmehcUum.— Flowers from May to July, 

 bat, like the former, it remains only three or foar 

 days in perfection at one time. It suooeada best in a 

 pot in peat and sphagnum, with good drainage, and a 

 plentiful supply of heat and moisture while growing. 



Dendrobiwm aduncum blossoms in May and June, 

 and remains long in beauty. This succeeds best in a 

 pot in fibrous peat and moss, with goad drainage, and 

 plenty of heat and moisture during the growing season ; 

 it should afterwards be kept much cooler. Tbf*e three 

 Denurobes come from India. 



SvbraLia macro Jul. — This charming Guatemala 

 Orchid flowers from June to September ; the blossoms 

 are rosy-purple and crimson, very bvrge, and keep 

 nowerin" in succession from the lop of the stems. This 

 bucc< ls°best in a pot in fibrous peat, widi good drain- 

 age, and a good supply of heat and moisture ouring the 

 growing season ; afterwards it should be kept rather 

 dry : the blossoms only remain two or three da-ys in 



beauty. 



Sobralia macrantha (splemkns.)—Th\s vax -y also 

 comes from Guatemala, and flowers from Juue to 

 August. It has darker ajid finer flowers than ma- 

 crantha. 



A^pasiq, lunata, blossoms in June and July, and 

 remains three or four weeks in perfection. It does best 





I 



The Gtibat Exhibition in London has given rise 

 to a small one in Cheshire, concerning the prospects 

 of which we hear such favourable accounts that we 

 think it desirable to draw attention to it. 



In the heart of Cheshire, about five miles south- 

 east of Chester, in the midst of a large agricultural 

 district, is the park of what is still called Tarvin Hall, 

 now used as a school, under the management of Dr. 

 Brindlky, a man of talent, energy, and spirit In 

 this place it in proposed to hold a great meeting at 

 the end of the present month, for the display " of 

 the products of the garden, the field, and the cottage, 

 together with all that is useful in the cultivation of 

 the land." The area to be thus occupied will, we 

 understand, be about 10 acres ; the principal tent 

 will be a quarter of a mile long ; and the other 

 arrangements will be upon a similar scale. 



This exhibition (why call it by the Frenchified 

 term exposition ?) will include fruits, flowers, and 

 vegetables, agricultural roots, artificial Grasses, 

 Hops, Flax, and corn in the straw ; garden tools, 

 ornamental manufactures in rustic wood work, wire 

 work, arrd stone fc r garden decorations ; domestic 

 and ornamental poultry ; the productions of cottage 

 gardeners ; with whatever is interesting to the 

 gardener and agriculturist. The whole will be 

 classified, arranged, and catalogued, nnder the I 

 direction of T. C. Archer, Esq., a gentleman of 

 great ability, who arranged for the Great Exhibition 

 the highly interesting series of naiural products 

 imported into Liverpool. 



There will be a cold collation each day, when 



from 



in a pot with fibrous peat and good drainage. 



Bpidi wm ' ' mwah a fine species 



Pernambuco, flowers from May to July. The blossoms 

 axe bright orange scarlet, and they remain a long time 

 in beauty. This succeeds best in a pot in fibrous peat 

 and good drainage, with a liberal supply of water during 



the growing season. 



Eindi.i'Ai. tun &tamjord£anuw 9 from Guatemala, blooms 

 from March to May. The blossoms are small, but they 

 are produced in great abundance ; they are greenish- 

 yellow, spotted with brownish purple, and they remain 

 in perfection four weeks. It succeeds beat in a pot in 

 fibrous peat, placed in a warm part of the house during 

 the growing season ; but afterwards it may be kept cool. 



Epidmtbrwn llcmburu. — This fine species flowers in 

 May and June, and succeeds in a pot with fibrous peat 

 and good drainage ; it lasts long in perfection. 



Epidendrum erQMJfdwm, blooms from February to 

 June, and requires the same treatment k> the former 

 one. ' It will continue to flower three mouths. It comes 



fi»ni Brazil. 



Epidaitdrum &i<mjwm* flowers from May to July, 

 and lasts three or four weeks in perfection. This plant 

 succeeds best in a pot in fibrous peat and good drainage, 

 and it likes a wm and xnoLit situation, during the 



m&croclulum, a fine species from 



May and June. The flowers 



* Dimes v. Petley, 19 L. J. Q. B. 449 N. S. 

 t Bliss «. Hall, or Ha j, 4 Bing. 5. C., IS8, and 2 Jur. 110. 



growing season. 



Epidtndrum 

 Guatemala, blossoms m 



are very sweet, and remain iii» ar six weeks in beauty. 

 It does best in a pot in fibrous peat and good drainage, 

 placed in a warm and rather moist pa#t of the house 

 during the growing season ; afterwards it should be 

 kept cool and rather dry for a sh< lime. 



Epidemdmm macrodtilum (roseum), another fine 



variety, from Guatemala, flowers in May and June ; it 

 requires the same treatment as the former ; the flowers 

 | tare very sweet, and remain five weeks in perfection. 



