1180 
THE GARDENERS' СНЕ AND AGRICULTURAL GAZETTE. 
[NOVEMBER 28, 1863. 
is carried to the mr и а gas or т pipes, which are personal chattels 
There is in one house the of Chitta- merely rel by their own weight in the soil— 
with a stem as thick. нч а man's аы, that is | but for the land occupied by the Ni and thus 
h 
ouse,” it is said in one 
if turne d into а i 
Bo 
f 10 deriving an enhanced value 7 
autiful specimens of the Man- | being used for the purpos ot good compa ny. 
падоб, the Me the Bread- |The eniti in both these cases is е rateable at its 
ves Pa Im, Dwarf Bananas nearly [m tw 
nilla plants loading the rafters with 
M whether there 
s for Chrysan- |reserv pipes, ei and the nature 
also, if the principles above laid down be properly 
applied, үзе м mer's ease put. by Mr. BATES 
Ji 2" wil turn 
e bes 
е 
y 
greenhouses, they are just what | of the sinon i of the soil, 4. е., by w 
such Жет к iB be, most RC HA redi g, | pipes so connected, is pem bm into account 
ig South 
vilae at the mere ad por аз nui fa мз ге. 
is clear, аз а n of aw, 
leafy, and аа Y in assessing the land so occupied to the 
Kensington things rate. So also the wires of the eeu сошрацу 
ch floa 
RE tlie « а houso a 
d a 
e 
аз so many eo xh and the barges of whi the ing piers f fixed into the it with sueh 
downwards. Moreover, on the open walls of the | in the river are ime Dd are personal chattels ; | degree of ram d above indicated, ought, 
Kitehen Garden may be soon кон Peach training | yet they ar and why—beeause by t a: if their existence renders the occupation of that 
as even have кп and'the anshor, dor ihe purposes farm more valuable in experienced s and 
ТЕ v. ае i dem is. he land is consi sidered a as occupied ; and although und ary circumstances, to be taken into 
all be glad that such аң examp f th value o i in assessing es farm to the poor- 
gen Mgr НОННА san ts е Da dat Bom | the amrin of t te козы: chattel, yet the | rate. It ean, : in our opinion, m: ake no › difference 
Meses the — ы r in search of it to | telegraph companies and the that th 
Ата аку ы held rateable, апі {һе [мен ав from че them under the Act of [d die before cited 
iiid ri ers нада eeuliar occupation of the land in each ease as. а 15 Viet. е. 25) which, in the interests of 
í grieulture, exten ер ivil ges of t ts in 
Атр. 1039 will be found, extracted from киы S. obvious that ib would te is particular 
We had ЕР, to close this article without 
Oxford Journal, some observations contributed Г utterly impossible for ап ментар! to Take into 
that Paper by Mr. Bartes, of Parks Nursery, | consideration all those nice questions of law and | citing au thor rity, ы we are tempted to 
near Oxford. Тһе writer pot exception ме "a fact upon which depend the right of a tenant 36 d o us very exactly 
exposition of the LAW As IT AFFECTS THE ASSESS- | to remove pictures. It matters not who built the|to bea e pr dee оен which we h 
MENT OF  NURSERYMEN'S PREMISES which house rated, or who improved the property— | been d In the eelebrated oase in whieh 
appeared in the Gardeners’ Chronicle of the 30th | the present occupation is the thing to be re-|the rating of M SUE ee ocks wa ed 
ay last. Mr. Ватев? objeetions, although ES, who really seems to have ades ed, the Com nzallowanee, 
р, ve ha as thus stated -— ирме of *by the late то 
in law, pes "ыт. 
н латна n what n 
so ably stated, as to make 
а word or pet ot des ose y у. 
Now Mr. to ass c me that we 
fir ` pe] foremost, y € E fact 
Pint: an pun hat dius, &e., were + й 
m up him Of joues if the 
to be rate d as heredi taments under the Ac i; and fixtures, меа ir x4 fatu s or not, were on 
property when tenant entered on his 
when erected bya nurseryman | leaseholder during mim he can m no right to remove $ М 
his term, for the purposes of his ж», ks v The mere faot therefore that a tenant, i 
9s are ue pem M AS Жосун ures.” | particular case, may г move бете, cannot affect 
They are т of "hem. Wo [i "n "e he will E арал abita rud fà tat the Am S 
discover on a closer ex по anguage. E fixtures at all, whether tenant or trade 
8 
ANE alt ong ed question as b сс n 
man ea ve g 
dder t the ciroumstanoes вонед, is Љут по means 
s0 clea ear a matter s Mr, Bar assumes it to be, entirely 
МА stated what їп our opinion is the true state ofl 
the law, ден; that, apart from the provisions of а owner of the 
he 
14 & 15 V. е, 25, e nurseryman саз! But t 
tomo Ка xA same restrictions | occupied P— second, how is it неў. аа 
аз any other trader can remove his trade fixtures. |+ ird, of what is the value of the occupation ? 
Ап во sta t such erections | Now the mere LM of a screw to а m end 
ises vers 
into a qa the |o: 1 {о the in all c t 
improvement of their Tettable value, X in Se tion; Peroni 
et 1 sing question of ipee mede and, in our opinion, beyond 
Cixtengz i in delive ering » бодай judgment 
ЙЕ. 
— 
e fo urth quest d ona a deduction claimed by th 
appellants, which Va F AN They contended that Their 
am engines, and other like ponderous machinery, 
although a attached to the freehold, ought to be treated as on 
trade, and part o A are pital which a tenant wo ie 
iminish instea: oti 
little injury to ib as other erae He up for the pimo 
of the trade of the tenant, ап valued as betwi 
is te u 
buildings to which m ery is attached for the purpos E of 
trade; and it has been solemnly decided that Such real pro- 
assessed according to the existing value as 
her it w to the heir екоо 
expiration ofa р lease, to the landlord or 
vA end and MO н uS бойу, 6 A. & E. 634; 
v. Guest, T A. & In ast ease all the arguments 
arule upon such à Pid. ag has been 
acted upon, "sepul be adhered to 
this rule should be now disturbed." 
And ku case, it is to Бе observed, м decided 
51, long after the passing of what is called 
ion Act 4 Yi 
П: | Lange and | v; BATES as ей dM: their con- 
tha DN the valu ue, added to the occupation of 
the soil by the existence of greenhouses annexe 
thereto, ought to be disr гараг arded in asse ssing the 
occupation of the land r vend 
| Vogue ходе similar erections расо 
h is т |Јапа was occu greenhouse, an 
pie 
т failed to meet. | assessable at an ud value, if by км кы 
AA the 
anne 
We propose now to add 
= w the Tande s ie wouid be held that the > 
jed b 
Ir is not alone amongst ER plants, as was 
remarked in our observations ер at 
. 1107, that the fia говаг 
E ot farther FEDES = TE dac зип ас сына 
*| The 
тити ий who төз we п cem Ез ЖЫ эне oed E: d rag icta um under the 
as the law stood in his day have decided е piesen Fating above a а з apagat pue 
controversy in our favour), in the volume | of machines and so forth; - M e$ 
Sis MR ү [де Fir ба, thus "states the but here аша ка - , question "t. [p Is the 
-— 
Eae. = form аз 
may 
chattel,” быу this Matane of the law, гаыа 
із deducible from several autho 
h 
or positi 
may tur 
8 qud sos That in this depart- 
Кы. the instance mentioned 
in our previous remarks " sufficien tly pro 
ry first step in cross- 
reeding (see p. 905 viewed in its bearing on 
ее l Botany: we refer to the IMPROVEMENT 
‚| of тосе is tos ya otos ч viewed 
in its eroial — pra agen 
а у i: " x 
B 
cuu the tenant for tue 
remove them 
decorating а аа b balding bnar 
sahanan Mw value t the | fitting it up with v е ЧЕ 
reason а gas amn d AAR RA oa as a is i yon 
—not for its|forth be properly rated at its 
а — to ampio Я both by the hybrid 
vult иа 
value. | Оз 
trict 
Orleans а 
