144 BOARD OF AGRICULTURE. 



out reservation, the manure passes with the realty; but in 

 case, for instance, of the sale of a hotel where there is manure 

 standing, the manure is counted as personal property, and 

 will not pass with the realty. 



Mr. Wetherell. I would like to ask, if a farmer sell a 

 farm contiguous to his own during the winter, possession to 

 be given on the first, of April, and before possession be given 

 removes the manure made down to the time of transfer, — as 

 was done in a certain case, — has the purchaser any recom- 

 pense ? 



Mr.. Fay. There is no doubt at all upon that question; 

 the party who got possession of the manure would hold it. 

 The only question is, whether or not there was any fraud used 

 by the party conveying the property. If the party purchasing 

 supposed the manure was included in the property which he 

 bought, and somebody else got the benefit of it, that might 

 raise a question ; but it would be a diflicult one, perhajjs, to 

 settle. There is no question that the manure did not pass, 

 because it was not upon the land when sold. 



The question is asked. What are the rights of abutters on 

 the highway against the intrusion of the highway surveyors 

 when digging gravel by the side of the road, or against bar- 

 ways or gate-posts ? That is a pretty broad question to pre- 

 sent ; but I have no doubt it has been propounded in good 

 faith, and I will endeavor to answer it as briefly as I can. 

 If gentlemen will take the pains to refer to the General Stat- 

 utes of this Commonwealth, they Avill find that there is a 

 specific provision pointing out the rights of parties in case 

 their land is injured in any way whatever in consequence of 

 the raising or loAvering of a highway. Their remedy is to re- 

 cover damages. There is no question about the right of sur- 

 veyors to come in and cut down, or fill up the highways, and 

 if parties are injured in consequence of it, the statute points 

 out specifically what are their rights in relation to the re- 

 covery of damages ; but the right of surveyors is unlimited if 

 they act in good faith. 



