PATTERSON v. M'CAUSLAND.—3 BLAND. 65

growing in their several appropriate climates. And yet a tree of
one species engrafted upon the stock of another of the same spe-
cies, will grow vigorously, producing fruit of a different kind, and
wood of a very dissimilar appearance from that on which it grows.
It is remarkable, that the branches of the resinous trees consist
almost wholly of wood, of which the organization is even more
perfect than in the body of the tree; the reverse is observed in
trees with deciduous leaves. 2 Mich. Am. Sylva. 274. There are
six times more concentrical circles in a given space of the yellow
pine, (pinus mitis,) than there are in the pitch pine, (pinus regida,)
or loblolly pine, (pinus taeda.) 2 Mich. Am. Sylva. 254, 268. The
wood of the black oak, (quercus tinctoria,) is coarse grained with
empty pores, 1 Midi. Am. Sylra. 92; that of the red oak, (quercus
rubra) is also coarse-grained, with pores large enough for the pas-
sage of a hair. 1 Mich. Am. Sylra. 104. The wood of the sweet
gum, (liquidamber styraciflua,) when sawn into boards, is observed
to be transversely marked at considerable distances, with blackish
belts, 1 Mich. Am. Sylva. 318; that of the black guru, (nyssa syl-
vatica,) and its genus, has its fibres interwoven and collected in
bundles. It is difficult to split the wood, which, in the arrange-
ment of its tubes and woody fibres, strikingly resembles that of a
tree of the endogenous class. 2 Mich. Am. Sylva. 166. The inter-
nal structure of the sugar maple, (acer saccharinum,) seems to un-
dergo several changes in the course of its life. As the growing
tree rises to maturity, the grain of its wood becomes more undu-
lated or curled; and, at an advanced age, by an inflexion of its
fibres, from the circumference toward the centre, there are pro-
duced a kind of spots, which, when the wood is polished, resemble
birds' eyes. 1 Mich. Am. Sylra. 227. So, too, as age advances,
the wood of the oak likewise undergoes some sensible changes; for
it has been said by a person in * England, that of a multi-
tude of oaks he had felled there, he counted the concentri- 81
cal rings of one of about thirty-four inches in diameter, which was
sound at the butt, as nearly as he could ascertain them, to the
number of two hundred; but those of the last fifty years' growth,
nest the bark, were so thin, he could not count them with cer-
tainty; though, as he thought, with sufficient accuracy to ground
a calculation upon as to the proper age for felling timber; ranging
as to oaks from one to two hundred years of age; and as to elms,
from fifty to an hundred years of age. Rees' Cyclo. v. Timber.

There is, according to the law of England, not only a custom as
to what may properly be regarded as timber; Co. Litt. 53; Chan-
dos v. Talbot, 2 P. Will. 606; but also a custom as to what is called
a husband-like manner as well in regard to the best season as to
the proper growth at which trees should be cut. And to prevent
the violation of such customs an injunction may be obtained.
Aston v. Aston, 1 Ves. 264; Chamberlyn v. Dummer, 1 Bro. C. C.
5 3 B.