The following exposition of existing laws in Great Britain may as a matter of curiosity interest the American reader. Here where each state has its own peculiar enactments, even a synopsis of them would be too voluminous for our pages.

Landlord And Tenant

Lord Kenyon was of opinion that market gardeners and nurserymen may remove the greenhouses and hot-houses which they have erected on the land of which they are tenants, even without an agreement; but this is doubtful; they may, however, remove trees, or such as are likely to become so, in the necessary course of their trade. If it were otherwise, the very object of their holding would be defeated. (Penton v.Robart, 2 East, 90.) But the outgoing tenant of a garden must not at the end of his term plough up strawberry-beds in full-bearing, which when he entered he bought of a former tenant; although it is the general practice to appraise and pay for these plants as between outgoing and incoming tenants. - For such conduct is malicious, and not in the due course of business. {Wetherell v. Howell, 1 Campbell, 227.) So a tenant (not a gardener by trade) must not remove a box edging planted on ground rented by him of another. Neither is he entitled, says Mr. Justice Littledale, (unless by special agreement,) to remove flowers which he had planted. (Empson v.

Soden, 4 Barn. and Adolph. 655.) And a similar decision has determined that a fanner who raises young fruit trees on the land he hires, for filling up an orchard upon the premises, is not entitled to sell those young trees; but it is otherwise of a nurseryman by trade. (IVyndham v. Way, 4 Taunton, 316).

Even if nurserymen are entitled, without a special agreement, to remove the hot-houses they have erected upon their landlord's land, which is very doubtful, that right does not extend in every instance to other tenants. Thus, a tenant was adjudged not entitled to remove a conservatory erected by himself on a brick foundation, attached to a dwelling-house, and communicating with it by windows and a door, and by a flue passing into the parlour chimney.

(Buclcland v. Butterfield, 2 Brod. and Bing. 54.) A tenant is liable to pay for the waste if he cuts down any fruit trees in the garden or orchard he holds, but not if they are not growing within the garden or orchard. (Coke's Litt. 53, a.) But he may take away a wooden shed which he had built on brickwork, and posts and rails he had put up. (Fitzherbert v. Shaw, 1 H. Black-stone, 259).

Law Protecting Gardens

Gardens were not sufficiently protected by law until the year 1828, when the statute 7 & 8 Geo. IV. c. 29 was passed.

Section 38 of this statute enacts that to steal or cut, brake, root up, or otherwise destroy, or damage, with intent to steal, the whole or any part of any tree, sapling, or shrub, or any underwood, above the value of \l. respectively growing in any park, pleasure-ground, garden, orchard or avenue, or in any ground adjoining or belonging to any dwelling-house, or above the value of 51. in any other situation, is felony, and punishable as simple larceny.

By section 39, if the injury to the trees, shrubs, etc, amounts to less than \l., but to ls. at the least, then summary punishment may be inflicted by a justice of the peace. A fine may be imposed not exceeding 5l. above the injury done, upon the first conviction; by imprisonment with hard labour, not exceeding twelve months, upon a second conviction, and, if the conviction take place before two justices of the peace, by public or private whipping; and the third offence, after two previous convictions, is felony, punishable as simple larceny.

By sections 40, 41, and 43, to steal, or to cut, break, or throw down, with intent to steal, any part of any live or dead fence, or any wooden post, pale, or rail, set up or used as a fence, or any stile or gate, or any part thereof; or to have possession of the whole or any part of any sapling or shrub, or any underwood, or any part of any live or dead fence, or any post, pale, rail, stile or gate, or any part thereof respectively, of the value of 2s., without satisfactorily accounting for that possession; and to steal, or destroy, or damage with intent to steal, any cultivated root or plant used for the food of man or beast, or for medicine or distilling, or dyeing, or for or in the course of manufacture, growing in any land, open or inclosed, not being a garden, orchard, or nursery-ground, is punishable upon summary conviction by fine, imprisonment with or without hard labour, and by public or private whipping, according to the nature of the offence.

So, by section 42, to steal or destroy, or damage with intent to steal, any plant, root, fruit, or vegetable production, growing in any garden, orchard, nursery-ground, hot-house, or conservatory, is, for the first offence, punishable, upon summary conviction, by imprisonment with or without hard labour, not exceeding six months, or by fine, not exceeding 20/.; but the second offence is felony, punishable as simple larceny.

Lastly, by section 44, to steal, or rip, cut, or break with intent to steal, any glass or wood-work belonging to any building whatsoever, or any lead, iron, copper, brass, or other metal, or any utensil or fixture, whether made of metal or other material, respectively fixed to any building, or anything made of metal fixed in any land, being private property, or for a fence to any dwelling-house, garden, or area, or in any square, street, or other place dedicated to public use or ornament, is felony, punishable as simple larceny.