MANURE ON A FARM. 143 



questions to which your attention has been invited must be 

 limited to the abstract principles to which they refer. The 

 examination of legal questions is not always attended with the 

 greatest interest, even to members of my own profession, and 

 if I have been able to present a few principles of law which 

 may now or hereafter assist any of you, either in securing 

 your own rights or in preventing you from appropriating to 

 yourself, under a color of right, that which rightfully and law- 

 fully belongs to your neighbor, I shall have received great 

 satisfaction and full compensation for this service. 



Mr. Flint. Before passing to the next topic, I wish to 

 remark that I heard a gentleman say, before I came into the 

 hall, "I hope the speaker will touch upon the rights a pur- 

 chaser has to the manure on a farm." That is, how far the 

 manure on the farm or in Tthe yard attaches to the realty. I 

 think a few words from him in reference to that subject would 

 be very interesting. 



]\Ir. Fay. The members of the Board will understand that 

 there were a great many questions which might be presented 

 and discussed, which were not presented in the examination 

 which I have made of this sul)ject, for the very reason that 

 time would not permit ; for if I undertook to present all the 

 questions which arise in relation to farm-lands and in relation 

 to landlord and tenant, it would require a whole course of 

 lectures. But the question suggested by our worthy Secre- 

 tary is a question which can be answered in a moment. I 

 suppose that, generally, the rule applicable to that case is 

 this : That where a sale is made of real estate, upon which 

 there are piles of manure standing, either upon the laud or 

 about the buildings, and a conveyance is made by deed, with- 

 out reservation, that manure passes as part of the realty. 

 There is no chance for a question about it then ; but some- 

 times a question arises where there is a sale of real estate, 

 where the estate itself is not used for farming purposes, how 

 far the manure which is then standing heaped upon it, or in 

 any form, will pass, unless a reservation is made. It is diffi- 

 cult to lay down a rule which will apply in all cases ; but it 

 will be safe generally to adopt tMs rule : that where there is 

 manure upon a farm, and the farm is sold and conveyed with-» 



