The farmer and mechanic. [volume] (Raleigh, N.C.) 1877-1885, 1884-04-23
The Law of the Farm.
lCaatinnea from Int lre,k..l

ltUIlS- " u6D d AO4A IL ORN1CA OftA
land the public Tor private persons if the
road is a private one have only a right
Of way over the land. The title to the
land does not pass from the owner. He
ma dig under the road and have his trees
hang over II, or even grow 10 II, pr0Uifed
be does not thereby interfere with the
proper. Convenient, and safe use of the
road. And the law viii protect him and
also his property in such use Of the read
way. What would amount to an illegal
interference with the convenient use OF
the road depends on the facts in each
case. 4 gate across a private way has
been held lawful, but a gate across a
public and much travelled road would be
a nuisance. And if any one unNason-
ably obstructs the road, any one else who
has the right TO use tie rad may em0ve
the obstruction a. a nuisance, provided
no breach of the peace be occasioned
thereby. Moreover, the person causing
the obstruction of q public road may be
indicted in a criminal court and punished
and forced to aba;e the nuisance. a
turnpike company IS ordinarily bound to
keen its road IN reasonably good order,
and build bridges where they are neces-
sary and a person who is injured in
person or property by Its failure 10 do SO
may recover damages of 1t. If a public
road is impossible, one may go over the
adjoining land SO far as necessary to avoid
the obstruction. Ii is not so certain that
the same is always true of a private way.
Landlord and Tenant. Ordinarily a
tenant is bound to seek his landlord to
pay his rent to commit and permit nc
rata ~ tha nrnupIs1S aS for m Mo
by telling timber except to repair houses,
fences, etc, or for firewood, and except,
perhaps, in new and Iensely-woOded dis
tricts were the telling of trees improves
the land to create no nuisance upon the
farm, as by dammIng up streams SO as to
flood the lands above, or prevent the
water from naturally reaching those be-
low, or by changing the channel of the
stream, or corruptlng Its waters. A per-
son has the right, however, to use the
waters OF a stream, as 1t passes by or
through his land, IN a reasonable
for domestic. agricultural, and manufac-
turing purposes. 1t is said that, indie
pendent of an express agreement, the
law imposes upon every tenant, whether
for life or for years, an obligation to treat
the premises in such a manner that no
substantial injury shall be done them,
and SO that they may revert to the lessor
at the end OF the term unimpaired by
any willful or negligent conduct on his
part. A tenant tor years, or from year
TO year, must keep the dwelling-house
wind-and water-tight, but he is not bound
to rebuild premises which have acciden-
tally become ruinous neither is he liable
for the mere wear and tear of the prem
Uses, nor if they are accidentally burnt
down nor bound to make what are
usually called general repairs the bur-
den of repairing the out buildings and
other erections on the farm being sus-
tanned either by the landlord or the
tenant, according to the particular GUS
tom Of the country in which the farm is
situated" A tenant, unless restricted
by his agreement. may underlet the farm
or any Part of it, or may transfer his
whole lease to another person.
As to when and what notices must be
given 20 tenants to quit possession ofthe
land, and as to what property of the ten
ant is liable to De levied on and sold to
pay the landlords rent, the law is varied
so much in different States by legislation
that it can not well be stated here. 1t
may be stated, however, that, in the alb
Sence of legislation, a tenant for a definite
term is not entitled to any notice to quit.
But if the landlord in any way recognizes
as his tenant a person thu holding over
las by accepting rent from him after his
lease has ~expired), such person thereby
becomes a tenant for another year, and
so on from ear to year unless turned out.
And he can not be turned out without
being given a proper NOTICE to quit. The
notice required by the common law in
such a case was usually half a year next
preceding the end of the term or, if the
term was for a shorter time, the length
of the notice correspondent with the
length of the term las, a months notice
for a months lease, a weeks notice for a
week lesse). But much shorter notices
are prescribed by statute in most States,
and notices are now required where for
merry they would have been unnecessary,
and are dispensed with where formerly
required.
Adverse Possession. Actual, uninter-
rupted, and ddDerSe possession of land
THAT is, holding and claiming it exclu-
sively as ones own for fifteen years will,
in many States, give one such a right to
the land as he may defend in court.
Similar laws exist 10 all other States, but
the number OF years OF possession re-
quired to give the right varies. One may
occupy land for fifty years, and yet get
no title to 1t, II he occupies 1t only by
permission OF the owner. SO, by crossing
anOther's land In a certain course for
many years, one may acquire a right to
cross 1T, prOUtded he crosses the land not
with the owners consent but without it
or against 1t.
Fences.-Unless by statute, a farmer is
not required to fence his farm but he is
required to keep up his stock, and is La
bic for this damage they do when upon
public roads or the lands of another per-
son By statute, however, IN many States
farmers are required to fence their farms,
and to contribute half the expense of
making division fences and keeping them
in repair. And if, by reason of their
failure to do tbs, en- adjoining neighbours
stock strays upon their land, and is there
killed, they are presumptively liable to
pay the neighbor for the damage he has
sustained. But because a farmer is re-
quired to fence his land against his next
door ~neighbor's cattle. he is not required
to fence against every body's cattle that
may stray upon his land by passing over
his neighbours land, nor will he be liable.
In England. and in some of the States,
statutes require railroad companies to
fence in their railroads.
Dogs By the common law it is said a
dog had 10 value, and could not be the
subject of larceny Perhaps, in most Of
our States, this would pot be regarded as
law, and in EDgland a dog has been for
mally changed into property by an act of
Parliament. If a farmer knows, or has
good reason to suspect, that a dog or any
other animal belonging 20 h;m is danger
Gus, he must keep it confined and he is
liable for any damage done to another