LEGAL DEPARTMENT. 605 



thereby, the owner of the land is not liable because the cattle are 

 wrongfully upon the premises. 



In New York it is provided by statute, Chap. 501, Laws of 1892, 

 that it shall be unlawful for any person knowing or willfully to keep 

 any plum, cherry or other trees infected with the contagious disease 

 or fungus known as the " Black Knot." And every tree so infected is 

 declared to be a public nuisance and may be destroyed by order of the 

 commissioner appointed under the act, and whenever any person own- 

 ing or in possession of any such trees shall neglect or refuse to comply 

 with the order of the commissioner directing him to destroy the same 

 within the time specified in the notice, he may be deemed guilty of a 

 misdemeanor and punished by a fine not exceeding twenty-five dollars, 

 or by imprisonment in the county jail not exceeding ten days, or both, 

 in the discretion of the court, and any justice of the peace in a town 

 or city in which said offense shall be committed shall have jurisdiction 

 thereof. 



The Law in Regard to Manure. — As between grantor and grantee, 

 lessor and lessee of farm lands, manure made upon the premises from the 

 produce raised thereon goes with the land as a part of the realty, and is 

 not personal property. This is upon the theory that it is necessary that it 

 should so remain in order to maintain the productiveness of the soil. 

 Judge Eastman, in Plummer v. Plummer, 30 N. H. 558, states the law 

 in that State as follows: " It must be regarded as settled in this 

 State, that between the grantor and the grantee, all manure m^de in 

 the ordinary course of carrying on the farm, and which is upon the 

 place at the time of sale and conveyance, would pass to the purchaser, 

 unless there be a reservation in the deed; and that it makes no differ- 

 ence whether it is in the field, in the yard, or in heaps around the 

 house, or under cover, it belongs to the land and passes with it like 

 fallen timber and trees, and loose stones lying upon the surface of the 

 earth and like the wooden fences erected upon the land and the 

 material of such fences when placed upon the ground for use or 

 accidentally fallen down." This is the law in the State of New York. 

 In New Jersey, it was held in Ruckman v. Outwater, 4 Dutch. 581, to 

 be personal property and not to pass with the real estate. 



The rule is different where manure is made in a livery stable, village 

 lot or in any manner not connected with agriculture, or made from 

 products not produced upon a farm, nor made in connection with its 

 cultivation or occupancy as a farm. In such case the manure belongs 



