The farmer and mechanic. [volume] (Raleigh, N.C.) 1877-1885, 1879-08-07
8be Tarnt.
Legal Rights and Duties Of Farmers.
rBy Judge Edmund II. Bennett, in "ailaces Moh'hs

Ali the CuC diO vi
MIGHT not think it also included the fencing
stuff POSTS. rails, etc, which hao once been
in the fence. but had been taken down ana
niled up for future use again In the same
nlace. But new fencing material just
bouoht. and never attached to the SOIL,
would not pass. So piles OF hop, poles
stored avay. if once used on the land, have
been considered a part of it; but loose
boards or scoffold poles merely laid across
the beams of the barn, and never fastened
TO it, would not be, and the seller OF the
farm might take them away. Standing
trees. of course, also pass as part OF the
land so do trees blown or cut down, and
still left in the woods where they fell, but
not if cut, and corded up for sale; the
wood has then become personal property.
If there be any manure in the barn yard
or in a compost heap on the field, ready for
Immediate use, the buyer ordinarily, IN the
absence of any agreement, takes that also
as belonging to the farm, though it might
dot be so if the owner had previously sold
it to some other party, and had collected 1t
together in a heap by itself; and even a
lessee of a farm could not take away the
manure mado on the place while he was in
occupation. Growing crops also pass by
the deed of a farm, unless they are express
" reserved; and, when it is not intended to
convey those, it should be so stated in the
deed itself; a mere oral agreement to hat
effect would not be valid in law. Another
mode is to stipulate that possession Is not to
be given until some future day, in which
case the crops or manure may be removed
before that time.
AS to the buildings on the farm, though
generally mentioned in the deed, it is not
absolutely necessary they should be. A
deed of land ordinarily carries all the
buildings on it belonging to the grantor,
whether mentioned or not and this rule
includes the lumber and timber of any old
building which has been taken down or
blown down, and been packed away for
future use on the farm.
But if there be any temporary building
on the farm, built 10y some third persons,
with the farmers consent that they should
belong to the builder, the deed would not
convey these, since such buildings are per-
sonal property, and do not belong to the
land owner to convey. The real owner
thereof might move them off. although the
purchaser of the farm supposed ne was buy
ing and paying for all the buildings on it.
His only remedy in such case would be
against the party selling the premises. As
part of the buildings conveyed, of course
the window blinds are included, even if
they be at the time taken off and carried to
a painters shop to be painted; it would be
otherwise if they had been newly purchased
and brought into the house, but not yet at
tached or fitted to it. Lightning rods also
90 with the house, if New England farmer
is foolish to be overcome by those smoothed
tongued lightning rod agents!
A furnace in the cellar, brick or portable.
is considered a part of the house; but an
ordinary stove with q loose pipe running
into the chimney is not, while a range or
CRATE set in brick work is. Mantel pieces
50 attached to the chimney as not to be
removed without marring the plastering go
with the house; but if merely resting on
brackets, they may be taken away by the
former owner without legal liability. If
the farmer has iron kettles set in brick work
near his barn for cooking food for his
stock, or other similar uses, the deed of his
farm covers them also, as likewise a bell at
tached to his barn to call his men to dinner.
A cider mill goes with the apple orchard,
and not with last years crop of apples. If
he has a cattle barn on the premises, the
tie-up planks, stanchion timhers, tie chains
and hinge hooks used for fastening the
animals in their stalls, belong to the barn,
and not to the cattle. If the farmer in
dulges in ornamental statues, vases, ETC.,
permanently erected and resting on the
ground by their own weight merely, and
sells his estate without reservation, these
things go with the and. But even thi.
not be so, if the article has just ar
rived, and never been placed or fitted to its
on the lawn.
HIRING Hell
After taking possession Of the farm, one
Of the first, and often one of the most try
ing duties of the farmer is to hire bis help.
Every employer of labor knows full well
that, if a mar is hired without any special
bargain as to the price, he is entitled to the
cuarent rate Of wage for such labor, and
10 more; but every laborer may not be
sware that if be engages to work for Z
year, but leaves without good cause at the
md of eleven months, he is not legally en-
titled to any compensation for what he has
lone, but ~forfeits the whole; and this is so,
he has agreed to stay for the en-
ire year at ions round sum or for twenty
dollars : month; although, if the farmer
had paid for each months work as it came
1ue, he could not probably recover it back,