Gardening. and that high court actually ordered that the identical stone be handed back—true, the stone was carved and engraved in a mar velous manner; but that formidable and versatile tribunal was like a Nasmyth's steam-hammer, nothing was too big and nothing too small for it to tackle. (Pearue r. Lisle, Ambl. 77.) If when pruning your fruit trees you let the clippings fall on the neighbor's land you cannot get over the fence and take them away, unless, indeed, you had unsuccessfully used your best endeavors to prevent them falling; in fact you may be liable in trespass for the effects of the law of gravitation at tracting the loosened branches on to the next man's property. If Providence sends an unexpected wind and your tree falls onto the next lot you may enter and remove it. (Bacons Abr. Trespass, F.) You cannot kill your neighbor's tree be cause its shade or its roots are hurtful to your plants. But if you have suffered actual damage by them you may dig down and cut off the roots, or you may cut off the over hanging branches, especially if the owner of the tree does not do so when requested. You must not cut them before they overhang, be cause you fear they will do so. If you cut them off you must be very careful not to use cither the roots or branches, otherwise you may have to pay their value. If your neigh bor has a deadly upas tree on his lot and its branches hang over your fence and cast baneful shadows, killing your flowers, you may probably have an action for damages against him: but the courts have said that rt would be intolerable to allow an action in the case of a harmless tree overshadowing your garden, unless, indeed, the injury done you is real and substantial. If your neigh bor's tree sends its roots into your well and poisons the water you can cut them off. ГAm. & Eng. Ene. of Law, s. v. Tree; Lonsdale i'. Nelson, 2 B. & C. 300; Countryman 7". Lighthall. 24 Hun. [N. Y.] 405; Bucking ham r. Elliott, 62 Miss. 296.) If you have a tree growing near your
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boundary line that is of poisonous or nox ious nature, like the yew, that "unsocial plant that loves to dwell 'midst skulls and coffins, epitaphs and worms," you must be very careful not to let any clippings fall from it into your neighbor's field, otherwise, if his cattle or horses eat thereof, and are in jured, you will be liable; in fact, you will be responsible even if his animals browse on the branches and leaves overhanging the fence and are hurt thereby. (Crowhurst v. Am. Bur. Board, 4 Ex. Div. 5; Wilson v. Newberry, L. R. 7 Q. B. 31.) When fruit or ornamental trees are de stroyed the owner may recover as damages, not merely the value of the tree when sev ered from the land but, the measure of his damage is the diminished value of the land, that is the difference in the value of the realty before and after such destruction. In many States specified penalties are imposed for the unlawful cutting down of trees. (Dwight r. Elmira & C. R. R., 132 N. Y. 199; Whitbeck- z'. N. Y. C. R. R. 36 Barb, 644; St. Louis, &c., v. Ayres, 67 Ark. 371; Wichita Gas, &c., v. Wright, 59 Рас. Rep. 1085.) If you are working a rented garden and one injures your trees the landlord can sue for the damage clone to the body of the tree, while you can bring an action in respect to its shade and fruit. If one comes upon your rented garden and cuts down and carries away a tree, you can sue for the trespass and the landlord for the carrying away. (Starr z1. Jackson, n Mass. 519: Shadwell v. Hutchinson, 4 C. & P. 333.) If your garden is only a rented one you must not sow it with pernicious seeds, and you must be careful not to dig up strawberry beds or asparagus beds that are actually yielding fruit after their kind. (Pratt v. Brett, 2 Madd. 62; Wetherell v. Howells, I Camp. 227.) And if you plant hedges and borders or trees you must leave them when you go, unless you have made a special bar gain with your landlord; or unless you are a professional gardener and have planted these
