648 LEGAL DEPARTMENT. 



In Ontario it is provided by statute that if any tree is thrown down or 

 otherwise across a line or division fence, or in any way in or upon the 

 property adjoining that upon which such tree stood, thereby causing 

 damage to the crop upon such property or to such fence, it shall be the 

 duty of the proprietor or occupant of the premises on which such tree 

 theretofore stood to remove the same forthwith, and eJso forthwith to 

 repair the fence and otherwise to make good any damage caused by the 

 falling of such tree. 



By the Ontario Tree Planting Act it is also enacted that: — 



A person owning land adjacent to any highway, public street, lane, 

 alley, place, or square, in this Province, may plant trees on the portion 

 thereof contiguous to his land, but no tree shall be planted so that the 

 same is or may become a nuisance in the highway or other public 

 thoroughfare, and obstruct the fair and reasonable use of the same. Any 

 owner of a farm or lot may, with the consent of the owner or owners of 

 adjoining lands, plant trees on the boundaries of the adjoining lot. Every 

 tree so planted on such highway shall be deemed to be the property of 

 the owners of the land adjoining to such highway, and every such tree 

 planted on a boundary line as aforesaid shall be deemed to be the common 

 property of the owners of the adjoining farms or lots. 



The Council of every municipality may pass by-laws to regulate the 

 planting of trees upon the public highways, to prohibit planting on such 

 highways, of any species of trees which they may deem unsuited for that 

 purpose ; to provide for the removal of trees which may be planted on 

 the public highway contrary to the provisions of any such by-law. And 

 to provide for the payment out of the municipal funds a bonus or pre- 

 mium not exceeding 25 cents for each Ash, Basswood, Beech, Birch, 

 Butternut, Cedar, Cherry, Chestnut, Elm, Hickory, Maple, Pine, Sassa- 

 fras, Spruce, Walnut, or Whitewood tree, planted under the provisions 

 of this act, within such municipality on any highway or on any boundary 

 line of farms aforesaid, or within six feet of such boundary. 



A penalty not exceeding $25.00 is also imposed on any one tying any 

 animal to any tree planted as aforesaid. 



The Law in Regard to Manure. As between lessor and lessee the 

 implied obligation on the part of the lessee to use the premises in a hus- 

 bandlike manner will be broken, if it be shown that manure has been car- 

 ried off the premises without any agreement to that effect having been 

 entered into. (Powley v. Walker, 5 T. R. 373.) 



A lessee covenanted to use upon the demised premises all the straw 

 and manure which should be made thereupon, and it was held that the 

 lessor was entitled to recover for manure removed from the premises at 

 the expiry of the term, but not for the manure made thereafter, while 

 the lessee, a married woman, was overholding. (Elliott v. Elliott, 20 

 O. R. 134, and Shire v. Shire 22 C. P. 147.) 



In New Brunswick it is not contrary to the course of good husbandry 



