Oxford Democrat. [volume] (Paris, Me.) 1833-1933, 1890-10-28
FARM LAW.
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state sfangs. In tbe isvt.ssa jearnai
There arr two Kinds of Law: firsi,
what is termed common law. This Law
consists of ancient ussges aud customs
handed down from our forefsthers, be-
Ing the law of the land previous 10 our
separation from the mother country. to-
gsther With such customs as arr sppli-
cable "a us az which have grown np and
our courts have sanctioned. This u
such Law y, would exist " all our statute
Law was r-p~slcl; for Instance! u s
customary for people io turn Ia the right
wh-a they meet Que Ia tile rad, nov W
there was po Law relating to the same,
Ier.on would H. liable u he turned out
and ran Into person on IN. left .lie,
for IN. rrason that common usage Ia
this countr, IL Ia turn Ia th. right.
statute Law |. That enacted by our state
and general go,ernmeu', as interpreter
h, oiir courts.
Ia purrh,.ing farm. th- farmer
wishes lr.i to know ~hat he purchase.
uh.n hu,ing the farm. Tie purhs.".
the .olI ,nnisIpesi within the houn'liric.
deserIhsxI IN the deed, With all the pri,i-
leg.. ani appuficaance. pertaining io
the some. when the description simply
.p-,i lsni, the purchaser wishes to-
know whst H. can holi. lie holds all
ucal. whether stanllng or blown down,
hut no, that whlch !. cut, Tor when
wooil 4. sut from the stump, " c~,.c. Ia
tc real estate: consequently d"r. not
pertain To- lanh. fcncr. of all klnis t''-
hong o. the farm. bat fencing siun taken
up anl piled up, would not ~ With the
farm. Bnildlng. rryst.'i ou the fsrm
With what pertain. a. them, ar- sls"
real estate ani pa. With the lani. Ne"
All m tnur-. wh~thsr the ssne " ln the
ysr,I az pllr,i up Ia the nrh. Question:.
often arise IN rrgari 90 Whit belong. ="
lailllnc.. and the rrmark l. oticn made
that I-r.on sslling farm cannot pull
a nall or fttuoNe a .cf.w. to take dOsn
or r,ma,e any afii,le, hat this !. strune-
QUE. III. ruie 10 Law u, that hs cannot
rym,ae ANYTHING that vii IN m,tsfialiy
mar or dettcc = bullilng 4
4 t,~r.an many times puts In q screw
90 hold up hls Cl"Ck, hat TIT. d""s n",
make the clock pant ~ the hoa." aui
az such rval estate. Or Que may drive
nlil a. hold up = cupboard, or H. ks-p "
from tipping over, hut this d"rs no,
NECESSARILY max. a.. cuphscsri pir of
th. huliilng, snd q. sach part of 10"
farm.
The fact that carpe, !. tackri io the
iioor doe. ne, pr-y-ut our good sister.
frun takins ,hvm up shcn they Nnca'c
q house. pn the other hani, al door.
Nhsthsr nsll~i down or no, ~ With the
baiiiings.
Oucs'lon. often srisc W. regard Ia lco."
ha,fI. or plsnks In q harm; II these
/ a A.. 4. Ill faN ma
az a roos and az u.e,i a. such, No mat
90, bo~ I,,o.s they arr az hos few of
them, the, tas. With the buililng.
stove. snd funnel are no, real estate
AMI A farmer in purvn.lng farm does
not purha.c ih.se articles. scfr'n
Ioor.. no matter whether on or on, AZ
the time 20 puichasc, bclong :" the
house aud woaid 20 With the same. The
..u,e would al.o b. tb" case With out
.LIe Windows, doot. or hllnds. WHITTIER
the, ~,r. on II IA. time ~ ale or not.
n sas formerly held under oli Eng-
ll.h law, ihit a tree growing ncar Hue
and extending It, roots across the sane,
u voali D. o~ne,l on l-',h .lic- ~ The
llne scorilng Ia the proportion oi root.
on either .lig, but Ameftcans hong since
discarded thi. hlss Ani hold thai trer
I. who'll, on the III. of the line thst u.
trunk Z. aud that ia man !. cutting
trv. near the line and u shouli fall
acru.. the same, the person cutting The
tr-c Sould have the right 10 cro.. the
line a. get the TIRE, bat would D. liable
Tor any damage b. ~as Ia the lsnd Ia ~
moving th. trv~.
ia fruit trvr grows near line ani
the hrsnrbe. o,.fhsng the line, the per-
.on owning the trc. owns the frun, hut
N n. go.- on the lind ~ hl. nslghbor Ia
g,thsr II, n. would D. llthl. for actual
damage. AZ tho same time II th. hranchr.
extend over a Icr.on'. land he can cut
them otf up a. the line. AZ the .smc tlme
h~ " ouid have no right to convert the."
bran,hc. Ia hls own use.
While a farmer osns stream running
ihruugh HI. farm, s,ill u J. large
enough a. D. ns,isablr, or To drive lum-
h~r. the public have c.rtain rights; the
lun,l~rmsn hs. the right In hoai hi.
lumhrr d0sn the stream ani Ia tra'rl
ou the hank. shat may b. neccs.ary Ia
carv for the lumber. or fi.h from a boat,
bat hs. NO right o. fl.h ffum the bank.
! of IA. .tr-am, a. la thi. case he would
/ - q tc-ps..-r. Tie same law that
apple. to stream. woald aiso apply to
snail ponds. Land bouD'i~i by small
pond. gor- To- the middle 81 the poni.
bat large pond. aud lake. only Ia lo"
water marx. la person ln purcha.ln;
a farm dee. not hook AZ tb. boundary
! lincs H. hs. got to take What the de'"i
d..rril~. without r,,lr-.., bat II PET
.on IN .slling q farm shows the buy-r
lin. sni tell. hlm th. deed h- give. him
dr.grii,c. that line sni II prove. other
wi.e, the seller l. liable Ia the purchaser
| In sstlon of fraud.
Chief Justice Peter. say. that fence.
La common Law ar- ircstsd s guards
against Intrusion, and ar- understood Ia
tsr AN obstacle int.rI.o..i t-t~cen lands
Ia prevent domestic animal. from going
a.tsy.
Al common Law no persons are obliged
To fence their lands against the intrud-
Ing animal. of Others, hat rather owner.
arr hound Ia Keep their animals upon
their own lsnls. aud are sn.wcrablc Tor
tr-.pa.. which they NAV commit upon
the Land. of oth-rs. Or la other wori-
ia. owner. mu.t fence their stack in.
Others ar. not obliged To fence them out
obligations to m m,intaln partition f-nc-
2. are regulated by the Laws of the sew
erii states, ani any not So regulated ARE
/ governed by common law. Fences are
Ia b- baili upon the line adjoining lands
anil the cxprn.e. horne equally by the
ou nsrs of .aii lands, ani When built are
real estate snd pass With the lands when
conveyed by deed.
n a person ne, lects to maintain a
fence bsiw-.n him ani hi. neighbors
lands, aud hi. neighbor's cattle enier his
land aud In anyway injured thereby, he
{. liable Ia the nelghhor for such Injury.
| ALSO 10 hi. animal. stray upon the lanis
of other. for want of fence which I've u
bouni Ia maintain he l. al-o liable as
trr-pa..er. An agreement to buili AMI
m,Intain PARTITION fences between all
Iaccnt owner. ani properly reconiei, "
binding uIon tie parties to whom the
land. NAV t- afterwards .oli.
Tier, 1. one very important rule of
l,w whi,h should ever bc borns In mind.
ani th,t Il, a person IL not ohligei ="
fence against any amin ,ls not rightfully
ou the adjoinin; lands. for Instance, "
A ani Is own inis adjoining. and the
cattle of q, the next n-ighbor to u, cross
~. land au to a. and do dsmtgr, NO
matter N the line between \ and u is
not properly fenced. 4 !. liable q" \ for
dams re. i<sau.e hi. stock IL not right
fully on B's land. At the same time
spi un.ler the same circumstances, VI the
stock of n Ind enterni upon the land of
4 ~ m