198 BOARD OF AGRICULTURE. [Pub. Doc. 



The answer to the second question is, No, not in this State. 

 If a man digs a well near your land, you are without remedy. 



Mr. Bexnett. Suppose he shall force the water by 

 pumping ? 



Mr. Dickenson. If he draws from his neighbor's land, he 

 would not be liable if the water be drawn for his own use. 

 If the water comes from his own land, he is all right. One 

 of the towns in Massachusetts bought some land near a river 

 and sunk shafts and wells near the river. One of the mills 

 has brought suit, claiming that they are pumping the water 

 from the river, and that the town is liable for damages. 

 That is a difl'erent case, — pumping water to sell. 



Mr. Sessions. We have a case in Springfield. I do not 

 know whether it is settled or not. The city of Springfield 

 put in a pump and drew water from a pond. The owner of 

 property near the pond has put in an action for damages 

 because the lowering of the pond takes water from his 

 well. 



Mr. Dickinson. I should think it was too remote to be 

 the basis of an action. 



Question. Why are all dogs taxed alike? Other prop- 

 erty is taxed according to its value. 



Mr. Dickinson. We pay a poll tax all alike ; and yet 

 some are hardly worth two dollars. 



Question. Are the islands in a public pond public, or 

 may they be private property ? 



Mr. Dickinson. I suppose they are the property of the 

 State, and the State may deal with them as it sees fit. The 

 public has a right to use the pond for boating, cutting ice, 

 etc., but the islands would be entirely under the control of 

 the State. 



Mr. Jewett (of Worcester). Suppose I have a pasture 

 bordering a large pond, and my laud goes to high-water 

 mark. That water makes a fence, and my line fence runs 

 to the edge of high water. When the water goes down, who 

 is to continue the fence to keep the cattle in the pasture ? 



Mr. Dickinson. If you own the land under the water, 

 you must fence it. I do not see why you should not fence 

 in your own land. You must fence to low-water mark, to 

 protect yourself. 



