'Jbe RURAL NEW-VORKER 
1231 
Legal Questions 
School Children and a Bull 
A neighbor bus a three-year-old bull 
which he allows to run on the road. Bull 
is dishorned, but no chain. About a 
quarter of the time he is on the road. 
Owner will not keep him shut up. One 
of his neighbors complained to the State 
troopers, and owner promised them that 
he would keep the bull shut up. which he 
did not do. This morning when my chil¬ 
dren went to school, bull was on the road 
and they had to go across a meadow, 
cross a creek by stepping on stones, or get 
across the best way they could, then go 
through another neighbor's pasture field, 
so I went down and asked him to take 
care of the bull. lie said if he put him in 
stable he would starve to death, but he 
would put him in another pasture. His 
fences are such that bull will not stay 
there. He said hired man had left bars 
down. ITis fences are very poor. What 
can l do about making him take care of 
bull? I cannot allow my children to go 
twice a day past him. as he certainly is 
dangerous to he on the road. n. A. G. 
New York. 
Any person who permits one or more 
cattle, horses, colts, etc., to run at large 
or to be pastured in a public highway is 
liable to penally of $5 for each horse, 
colt. bull. cow. etc., besides the costs of an 
action which may be brought by any resi¬ 
dent of the town, and the penalty so col¬ 
lected should be applied to the support 
of the poor within the town. Any person 
may seize an animal in a public highway 
bordering on property owned or occupied 
by him. and he must immediately file with 
the justice of the peace of the town a 
petition setting forth the facts, descrip¬ 
tion of the animal, etc. Make applica¬ 
tion to your justice of the peace and 
refer him to Article 16 of the Justice 
Court Act of the State of New York. 
X. T. 
Obstruction of Brook 
Will you inform me what rights this 
town has in compelling the owners of lots 
who are holding them for speculation, 
and who reside in the city, to keep a 
brook clean that is a natural outlet for 
the water drained from these lots? Lots 
face it for a length of half a mile. A 
farmer allows- his herd of eat l ie t o c hoke 
up this part of the brook that has been 
kept clean by these people, and he refuses 
to pay any part of the expeuse of keeping 
It clean. ^ G, a. x. 
New York. 
Every riparian owner is entitled to 
have the stream continue to flow through 
or along his land in its accustomed chan¬ 
nel and natural flow without any obstruc¬ 
tion of the channel or detention of the 
waters by other owners injurious to him. 
An obstruction or detention of the water 
givis the riparian owner who is injured 
thereby a right of action. 
The right of a riparian owner to the 
unobstructed natural flow of the stream 
cannot he assorted in opposition to tlie 
right of another riparian proprietor to 
consume as much of the water a.- may be 
reasonably necessary for his proper do¬ 
mestic or other use. AY bother the ripa¬ 
rian owner's use of the water is reason¬ 
able with regard to the righrs of the other 
owners is a question for the jury to deter¬ 
mine. considering the size and capacity of 
the stream, the use to which it is subser¬ 
vient. the general custom with regard to 
the particular stream and its situation. 
An upper owner has no right to pollute 
a stream to the damage of lower owners. 
One who so uses his premises as to ob¬ 
struct a stream which carries off water 
from an adjoining property is bound to 
make adequate provision for supplying 
such drainage and. failing to do so. is re¬ 
sponsible for resulting injury. It is diffi¬ 
cult to given specific answer to your brief 
statement of facts. There are many cir¬ 
cumstances to he taken in consideration, 
and it would he well for you to consult a 
local attorney, who could ascertain all of 
the facts. x.T. 
Inheritance Without Will 
I have a husband and two step-sous. 
Father and mother are both dead. I have 
one brother and two sisters, and one 
nephew whose mother is dead. If I 
should die, without a will, to whom would 
my property go. legally? What is the 
best way to proceed in making a will? 
New York. m. m. 
If you should die without a will your 
personal property would be distributed as 
follows: One-half to the husband and 
the whole of the residue if it does not ex¬ 
ceed $2,000. If the residue exceeds $2,000, 
your husband would take $2,000 in addi¬ 
tion to one-halt', and the remainder would 
he divided equally between your brother 
and sisters, the nephew taking the share 
which his deceased mother would have 
taken had she been living. If there has 
been no child born of your marriage, your 
real property would descend to the brother 
and sisters living, and to the descendants 
in whatever degree of those dead. 
The best way to proceed in making a 
will is to go to a lawyer and tell him 
how you want your property distributed. 
*1445 
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Trunk Extra 
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v . • ,- ■" 
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For tale by 5S 
| THE RURAL NEW-YORKER | 
333 West 30th Street, New York ^ 
mi m 111111111 11 n 11111 n i n 111 n 111 j j 111111111 in- 
