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connected with it. The conveyance of a mill passes the floodgates, and also the machinery, whether affixed or not. The conveyance of a farm will pass the fencing stuff, which has been used for fences, though temporarily detached from the land. A steam-engine, with fixtures used to drive a bark-mill, is part of the realty, and passes by a conveyance of the bark-mill. Articles absolutely necessary to the enjoyment of the land will pass to a purchaser, whether on the land or not; such as doors, windows, locks, keys, etc. They are constructively annexed.

6. A tenant may remove his implements of trade. He may remove the machinery he has erected, if it can be removed without injury to the realty. The tenant may remove any building erected by him for the purpose of carrying on his trade. If the tenant be a tavern-keeper, and erect a building for a shed, barn, stable, or storeroom, he may remove the same, if it can be done without injury to the land. The tenant may remove articles erected for ornament or domestic use, if they can be removed without injury. Gardeners may remove trees and shrubs which they planted for the purpose of sale. A farmer who has planted trees on the land he has hired, cannot remove them.

If the articles are absolutely necessary to the enjoyment of the lands, such as doors, windows, locks, keys, etc.?

6. What implements may the tenant remove? What machinery may he remove? If the tenant has erected a building for the purpose of carrying on his trade? If erected for ornament or domestic use? What may gardeners remove? Can a farmer do the same?

CHAPTER LX.

GENERAL PROVISIONS RESPECTING REAL PROPERTY.

1. THE primary division of estates is into freehold and less than a freehold. A freehold is an estate of inheritance, or for life, in real property. An owner of a freehold estate is said to be seized of the same. The owner of a less estate is said to be possessed of the same. In England, the king is held to be the only original source of title to real estate. A similar principle has been adopted in this country. The title in lands can only be deduced from the crown, or the United States, or the State gov ernments. The right on the part of government to take private property for public purposes, subject to the obligation of paying a just compensation therefor, is called the right of eminent domain. It is exercised in time of war and in time of peace.

2. An estate for life terminates, of course, upon the death of the tenant. Such death may sometimes be presumed from circumstances. A continued absence of seven years raises a presumption of death, which authorizes the next succeeding owner to enter upon the estate. If the tenant for life prove to be still living, he may recover the lands, with the intermediate rents and profits.

3. A right of way is the privilege which one person. has of passing over the lands of another. The right of

1. What is the primary division of estates? What is a freehold? Who are said to be seized, and who only possessed, of real estate? Who is the source of title to real estate in England? What is the source of title in this country? What is the right of the government to take private property for public purposes called? When exercised?

2. How is an estate for life terminated? When may his death be presumed? If the tenant for life prove to be still living, what may be done?

3. What is a right of way? Of how many kinds? If it is a right to

way is of three kinds. A person may have the right to pass over the lands of another on foot only. This is called a footpath. He may have a right to pass with a horse. This is called a bridle-path. He may have the right to pass with a carriage. This is called a carriage-way. Any way which is common to the whole people, is called a highway. A right of way imports a right to pass in a particular direction, and not the right to change that direction at pleasure. A right of way may be claimed in three modes: 1. By grant; 2. By prescription; 3. By necessity. Uninterrupted use for twenty years gives a right of way by prescription. The use must have been under claim of right. If A. convey to B. land wholly surrounded by other lands of A., B. acquires a right of way by necessity over A.'s lands to the highway. Where a man grants any thing, he is held to have granted whatever is necessary to the use and enjoyment of the thing granted. The right of way by necessity exists only where the party claiming it has no other means of passing from his estate into the highway.

4. Highways are laid out by public authority. This gives the public the right of way, but the soil still remains the property of the private individual, and he may use the same in any way not inconsistent with the public right of way. When the highway is discontinued, the land reverts to him free of encumbrances. The right of way does not authorize the public to turn their cattle upon the road for the purpose of grazing. A farm bounded by the highway extends to the middle of such

pass over the lands of another, on foot only, what is it called? If on
horseback, what is it called? If with a carriage, what is it called?
What is any way, common to all, called? What does the right of way
import? In what three forms may the right of way be claimed? What
gives a right by prescription? Under what claim? If A. convey to B.
Lands wholly surrounded by other lands of A., what does B. acquire?
Where a man grants any thing, what further is he held to have granted?
When only does the right of way by necessity exist?
4. How are highways laid out?
remains in the owner of the soil?
highway should be discontinued?

What is given to the public? What
How may he use the same? If the
Does the right of way authorize the

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way. A farm bounded by a private river extends to the middle of the river.

5. Franchises are certain privileges conferred by grant from government, vested in individuals. A ferry is a franchise consisting in the right to transport persons and carriages for hire. The franchise becomes property, and is protected by law. A franchise may be forfeited by disuse; or the government may, in the exercise of its right of eminent domain, resume it upon making full compen

sation.

6. The owner of lands bounded by the sea or navigable waters owns to ordinary high-water mark. The sea-shore is the space between high and low water mark. The owner of lands on a river not navigable, or above tidewater, owns to the centre of the stream, subject to the right of passage to the public. Neither the State nor any individual has a right to divert the stream to his prejudice. Small streams, which cannot be used for boating without improvements, are private property, and not public highways. Navigable rivers are presumed to be open to the public, but private rivers are not. Either presumption may be rebutted. A grant of land bounded on a river above tide-water passes the title to the middle of the stream. An island in a river, if entirely on one side of the centre, belongs to the owner of the lands nearest to the island. If the centre of the stream passes through the island, each owner of the banks is entitled to take to the centre.

public to turn their cattle upon the road, for the purpose of pasturage? To what does a farm bounded by the highway extend? If the farm be bounded by a private river?

5. What are franchises? Is a ferry a franchise? Of what does it consist? Is a franchise property? How may it be forfeited? Can the government resume it?

6. If lands are bounded by the sea, to what do they extend? What is the sea-shore? If the lands are bounded by a river? Can the stream be diverted from its natural channel? What streams are private property? What rivers are presumed to be open to the public? What are presumed not to be open? Can these presumptions be rebutted? If land be granted, which is bounded on a river above tide-water? To whom do the islands in rivers belong?

7. Every proprietor of the banks of a fresh-water river has a right to the use of the water, as it is accustomed to run. No owner has a right to use it to the prejudice of other owners. It cannot be diverted from its natural channel, nor can it be unreasonably detained. Every owner of the banks has a right to erect a dam thereon. The water-power belonging to the owner of the banks of a river, is the difference of level between the surface where the stream in its natural state first touches his lands, and the surface where it leaves. He cannot by digging on his lands lower the channel or deepen it below. The owner of lands through which a stream passes, has no right to make such use of the water as to send it down to an owner below poisoned or corrupted. The water may be used in connection with a tan-yard, but it cannot be returned to the river soiled by admixture with foreign substance to the injury of other proprietors.

8. Where a stream, by the act or neglect of the owner of the banks, is made to overflow adjoining lands, the person guilty of such carelessness or negligence is liable for all damages. If a person detain the water an unreasonable. time, and then discharge it in such quantities and with such force as to damage the banks below, he is liable for such damages. At common law, the owner of the banks of a private river is entitled to the fish in the river. If different owners hold the opposite banks, each is entitled to the fish on his own side of the centre of the stream. The right of fishing in all rivers not navigable, is subject to legislative control.

7. In what way may the owners of the banks of the river use the water? Can one owner use it to the prejudice of another? Can it be diverted, or unreasonably detained? What may every owner of the banks erect? What is the water-power of such owner? Can any owner lower the channel? What use has the owner of the lands no right to make of the water? How may it be used in connection with a tan-yard? 8. If a stream, by the act or negligence of the owner of the banks, overflows the land above or below? If he detains the water an unreasonable time, and discharge it with such force as to damage the banks below? Who is entitled to the fish in private rivers? If opposite banks be owned by different proprietors? To what is the right of fishing in all rivers subject?

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