Page:Halsbury Laws of England v1 1907.pdf/517

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Part VIII.

.

Miscellaneous.

to the farms and premises," passes the tenant's interest in crops groAvn in future years, including way-going crops (a).

and

295 Sect. 15.

Tenant Right.

Sect. 16.

654.

An

Thistles.

is under no duty to an adjoining occupier No growing on his land, so as to prevent them

occupier of land

to cut thistles naturally

seeding on the adjoining land

duty to thistles,

{b).

Threshing and Chaff-cutting Machines,

Sect. 17.

655. The drum and feeding mouth of every threshing machine, worked by any motive power other than manual labour, must be sufficiently fenced and any owner or person for whose service or benefit a threshing machine is used, or person in charge thereof, who permits the same to be used without being so fenced, or any person improperly removing the fencing during work, is liable on summary

Threshing machines.



conviction to a penalty oi £5. A constable may at all times enter If the on the premises to inspect any such machine in work. machine is shown to have been worked contrary to these provisions, the onus of showing that reasonable precautions to ensure compliance were taken is on the person charged with the offence (c) The feeding mouth or box, and the fly-wheel and knives, of Cha£E every chaff-cutting machine worked by any motive power other than manual labour, must be sufficiently fenced, and the same persons are liable for the same offences to a similar penalty as in the case of threshing machines. The powers of a constable, and the onus of proof, are also the same as in the case of threshing

machines

cutters,

{d).

Sect. 18.

Trees.

trees are the property of the landlord, and even Property included in the demise cannot be felled except for repairs and fuel {e). To cut or top timber trees, or to do any thing whereby they may decay, is waste (/). If trees, being timber, are blown down, they belong to the landlord but if they are dotards they belong to the tenant ig). In the absence of express agreement a landlord cannot, by cutting down dotards, acquire a right to the wood as against the tenant {h). Where, however, trees are excepted from a demise, there is an Trees implied right in the landlord to enter on the land at all reasonable excepted

656. Timber

in

if



from demise. Fetch V. Tutin (1846), 15 M. & W. 110, following Grantham y. Haivley {lQlQ), on the point that goods to come into existence at a future time are assignable by deed. {h) Giles V. Walker (1890), 24 Q. B. D. 656. (c) Threshing Machines Act, 1878 (41 & 42 Yict. c. 12). {d) Obaff Cutting Machines (Accidents) Act, 1897 (60 & 61 Yict. c. 60). (e) Doe V. Lock (1835), 2 Ad. & E. 705; Berriman v. Peacock (1832), 9 Bing. 384. (/) Co. Litt. 53 a. Countess of Ciimherland's Case {g) Herlakenden' s Case (1589), 4 Co. Eep. 62 b (1611), Moore, 812. (h) ChannouY. Patch {1S26), 5 B. & C. 897. (a)

Hob.

132,