PLANTATION, a term sometimes applied to places where timber trees have been planted. In that sense, as a general rule, whoever is the owner of the soil, is entitled to the trees which arc planted iu such soil. When land is let by lease to a tenant, the ten ant does not become the owner of the trees, and cannot cut them down. But he is in England and Ireland entitled to reasonable estovers; that is, to cut sufficient wood to repair or build the houses, or make implements of husbandry. The common law of Eng land was very defective in protecting plantations, for it was held that, as the trees were part of the realty, or soil, and nobody could steal the soil, hence nobody could be pun ished for larceny of trees. But this defect was cured by statute. Whoever cuts, breaks, roots up, or otherwise destroys or damages, with intent to the whole or any part of a tree, sapling, or shrub, if the damage is of the amount of one shilling, may be con victed summarily, before justices of the peace. and fined £5; for a second offense, he
may he committed to the house of correction for 12 months or less; and for a third offense, he is guilty of felony, and may be punished as for larceny. So, whoever steals or damages a live fence, may be fined,by justices a sum of £5; and for a second offense, may be committed to the house of correction for 12 months. Moreover, if any person is found in possession of a piece of a tree or live fence, and do not give proper account of his coming into lawful possession of the same, he may be fined £2.—In Scotland, vari ous acts of the Scotch parliament were directed against offenses of damaging trees; which arc punishable as malicious mischief; the penalty being £10 Sects for each tree less than 10 years old, and £20 Scots for each older tree. Tenants may also be fined for such offenses. In case of injuries to fences, old Scotch statutes also provide a punish ment.