Drainage in New York. 279 



extensive drainage system with lines of tile at frequent intervals in order 

 to secure large money returns from the practice. On much of the land 

 a natural system located in the low places will be very satisfactory. 



8. The arrangement of drains, the depth and size of tile will vary 

 with the local conditions and must be determined by the man doing the 

 draining, who should keep in mind the essential principles involved. 



9. As a general rule on fairly porous soil a depth of from two and 

 one-half to three feet is considered desirable. But on Hat heavy clay 

 soil the tile should be placed much more shalloiv, even as shallozv as 

 fifteen or eighteen incJies. In such cases they are to be considered as 

 subsurface channels for the rapid removal of surface water. The ad- 

 mission of water to the tiles may be facilitated by the use of stone on top 

 of the tile in low places. 



10. Wherever there is anv chance of the tile freezing only hard 

 burned nonabsorbent tile should be used. Much of the tile manufactured 

 in the state is too soft and porous. 



11. The use of instruments in laying out the drainage system is not 

 considered necessary where the fall is one foot or more per hundred feet. 



12. Especial care should be used in constructing outlets and as few 

 should be made as possible. They should be protected from the entrance 

 of animal life and from the caving-in and freezing of the bank. 



APPENDIX. 



I. LAW RELATING TO AGRICULTURAL DRAINAGE. 



It is g-enerally recognized that there ma_v be two objects in the drainage of wet 

 land. These are, first, the improvement of healthfulness of the region, and 

 second, economic benefits. 



There are two distinct classes of law relating to the drainage of land. These 

 are. first, the common law, which consists of those customs, usages and decisions 

 which have grown up in the country with reference to a particular subject, as 

 drainage ; second, the statutory law, which consists of the enactments of legisla- 

 tive bodies with reference to a particular subject and is designed to modify and 

 make the common law more specific. 



The cointuoji lazv principle with reference to land drainage is that no man may 

 modify the natural drainage water on his own land in any way which materially 

 affects his neighbor to a disadvantage, unless he can show that it is for the benefit 

 of the public health or welfare. If it is shown to be a matter of public concern, 

 there accrues the right to condemn land for a right of way to provide a suitable 

 drainage outlet. If it is not shown to be a matter of public concern then the 

 owner of a piece of land cannot increase or decrease the total flow of water in 

 any natural drain. He may faciliate the natural movement of water by the use 

 of tile or other artificial means, but Cannot materially increase the drainage area 

 of the stream discharged upon his neighbor without being liable for any dam- 

 ages. A drain is recognized to be any course in which the eye of the casual 

 observer is able to see that water will flow naturally at some season of the year. 



