MANURE GOES WITH THE FARM. 181 



that cranberry-meadow, and the water on account of that 

 soaks into my cellar, have I a right to go and lower his dam 

 so as to prevent the water soaking into my cellar? It does 

 not flow there, the surface having been raised; but it soaks 

 through, and damages my cellar. 



Judge Bennett. I think not. Perhaps I gave the key to 

 that as far as I could. Inasmuch as the law does not recog- 

 nize any proprietorship in water, or any liability for water, 

 that runs under ground, the cranberry-man has a right to 

 flow his cranberry-land, and let the water go where it wiU, — 

 down to China, or on to your land. 



Mr. Williams. In relation to manure conveyed by the 

 sale of a farm : I want to ask whether it would make any 

 difference if the manure was made by animals on the farm, 

 or bought and carried on to the farm, not the product of the 

 farm ? 



Judge Bennett. I think not. The foundation of the 

 rule is, that the manure becomes a part of the land, whether 

 it came from one animal or another. The moment it is 

 deposited on the land, it becomes affixed to the soil. If 

 somebody else had deposited it there for a temporary pur- 

 pose merely, of course it does not pass with the land, be- 

 cause the owner of the land does not own it. 



Question. Have the highway surveyors a right to use 

 the timber on the highway ? 



Judge Bennett. Yes, sir. If they wanted to build a 

 bridge, I suppose they could use the timber on the road. 



Question. Has the highway surveyor a right to forbid 

 my using the gravel which lies beside my land, because 

 he may suppose that he will want to use it at some future 

 time ? 



Judge Bennett. I suppose he has, because he has the 

 first right to use it. Even if he does not want to use it at 

 the time, he has a right to forbid your using it, if it is proba- 

 bly reasonably necessary for the repair of the highway. 



Major Phinney. I want to inquire if I understood you 

 correctly as saying that if the water is obstructed in a drain 

 running through another's land, and flows back on my land 

 to my injury, I have a right to enter his premises, and remove 

 that obstruction. 



Judge Bennett. I meant to say so decidedly. 



