Year: 1873

IIN vi ilIldI SAFE, lIic Stuupl ludS IeSONtl
bis property or its value of the one who
has the possession of it, unless he himself is
guilty OF some laches in claiming it.


When parry sells personal property, he
is understood to affirm that the property he
is selling is his own; warranty of title is
implied.


The vendor OF personal property frequent
" is held upon a warranty of the articles
sold. although not a word about warranty is
said at the time of sale.


vendor of provisions is held to be re-
sponsble upon his warranty that the arti-
oles of food sold by him are sound Nnd
wholesome the very offer cf sale implies
this.


50 where the vendee wishes an article or
an animal for particular purpose, and that
purpose is specifically named to the ven
dor and the vendor undertakes to offer for
sale an article or animal to supply the
specific want there is an implied warranty
that it is suitable for the purpose for which
i is sold, and the vendor will be liable, as
much so, upon his warranty, as though in
express terms he had warranted il to the
purchaser.


And although the purchaser does not
specifically enumerate the purpose for
which he desires the property, if the ven
dor uses any expressions equivalent to a
warranty, like she is all right" or she is
sound or similar ones, he will be held to
have warranted the property just as strong
ly as though he had said II will warrant it
all right" or II will warrant it sound"


Where there are no acts or words of the
vendor which amount to a warranty, ex-
press or implied, and no fraud, then the
maxim, ''caveat emptor," ''let the purchaser
take care. applies.


4 bill of sale of s.Ona horse SounI and
kind, is warranty Of soundness. And it
makes no difference whether horse is sold
for cash, or exchanged for another horse,
any words used or acts performed which
amount to W arranty in a sale of 4 horse,
are none the less warranty when used in
an exchange of horses.


The sentiment which has become 50 uni
verSal that one may almost regard it as 4
custom, ''that one may cheat all that he
chooses in the exchange Of horses, has not
yet become law, and contract Hto swap"
horses is regarded as valid and binding
upon the parties as any other, and the par
ties are held in law as strictly accountable
for every word used and every act perform
ed a though the contract had reference to
any other animal or merchandise, or any
bargain or agreement between the parties.


| am now admonshed that the hour
allotted me has nearly passed You will
remember that the presentation of the
questions to which your attention has been
invited must be limited to the abstract prin-
ciple> to which they refer The eXamina
tlOn OF legal questions Is not always attend
ed with the greatest interest, even to men,
bers Of my own profession, and if have
been able to present a few principles of
law which may row or hereafter assist any
Of you. either in securing your own rights
or in preventing yon from appropriating to
yourself, under a color of right, that which
rightfully and lawfully belongs to your
neghbor, shall have received great salts
faction and full compensation for this ser
vice.


Mr.. Flint. Before passing to the next
topic | wish to remark that heard a gen
tleman say, before came into the hall, Il
hope the speaker will touch upon the rights
4 purchaser has to the manure on a farm
That Is, how far the manure on the farm or
in the yard attaches to the realty | think
L few words from him in reference to that
subject would be very interesting.


Mi Fay. The members of the Board
will understand that there We're Il great
many questions which might be presented
and discussed, which were not presented


in the examination which | have made Of
this subject. for the very reason that time
would not permit; for if undertook to pre-
sent all the questions which arise in relation
to Farmland and in relation to landlord and
tenant it would require whole course of
lectures. But the question suggested by
our worthy Secretary IS a question which
can be answered in a moment. | suppose
that generally, the rule applicable to that
case j. this That where a sale is made of
real estate, upon which there are piles Of
manure standing either upon the land or
about the buildings, and a conveyance is
made by deed, without reservation, that
manure passes as part of the realty. There
Is no chance for question about it then;
but sometimes question arises where
there is a sale of real estate, where the estate
itself is not used for farming purposes how
far the manure which is then standing
heaped upon it, or in any form, will pass,
unless reservation is made. 1t is difficult
to lay down rule which will apply in all
cases but it will be safe generally to adopt
this rule: that where there is manure upon
farm. and the farm is sold without reser-
Vation, the manure passes with the realty,
but in case, for instance, of the sale of a
hotel where there is manure standing, the
manure is counted as personal property,
and will not pass with the realty.


Mr.. Wetherell. | would like to ask, if
farmer sell a farm contiguous to his own
during the winter, possession to be given
on the first of April, and before possession
be given removes the manure made down
to the time of transfer,-as was done in
certain case, has the purchaser any recon-
pense:


Mr.. Fay There is no doubt at all upon
that question; the party who got possession
of the manure would hold it. The only
quetion is, whether or not there was any
fraud used by the party conveying the prop
erty If the party purchasing supposed the
manure was included in the property which
he bought, ana somebody else got the
benefit of it, that might raise question
but it would be difficult one, perhaps, to
settle. There is no question that the ma
nure did not pass because it was not upon
the land when sold.


The question is asked, What are the
rights of abutters on .he highway against
the intrusion of the highway surveyors
when digging gravel by the side of the
road, or against barways or gate posts +?
That is pretty broad question to present;
but have no doubt it has been propounded
in good faith, and | will endeavor to answer
1t as briefly as | can. If gentlemen will
take the pains to refer to the General
Statutes of this Commonwealth. they will
hnd that there is specific provision point
ing out the rights of parties in case their
iahu II INJURED Ill any way Whatever In con-
sequence Of the raising or lowering of
highway. Their remedy is to recover
damages. There is no question about the
right of surveyors to come in and cut down.
or fill up the highways, and if parties are
injured in consequence of it, the statute
points out specifically what are their rights
IN relation to the recovery of damages but
the right of surveyors is unlimited if they
act IN good faith. Massachusetts Ag'l Re
port, 1923.


In reply to the question, what will pre-
vent hens from picking feathers, CORE
spondent of the Mirror and Farmer remarks
that hens, like other two legged animals,
need something to do, some exercise, and
if they do not get something better, they
will pick the leaves all off and eat them,
which is good for them' 1 throw among