THE RURAL NEW-YORKER. 
281 
CtttXT. 
"Every Man is presumed to know the. Law. 
Nine-tenths of all Litigation arises from Ig¬ 
norance of Law." 
RECENT LEGAL DECISIONS. 
Farming Utensils. — ' The California Hu 
preme Court lately hold (Tu re Raid win) that 
“au expensive thrashing outfit, owned by a 
judgment debtor and two or more other farm¬ 
ers iu common, and used by them to a limited 
extent on their own lauds, but principally in 
doing work for others for hire, was not ex 
empt from execution as “a farming utensil or 
instrument of husbandry/’ The court said; 
“In our opinion the legislature meant by the 
words, ‘The fanning utensils or implements of 
husbandry of the judgment, debtor 1 such 
utensils or implements as are needed and used 
by the farmer iu conducting his own farming 
operations, anil it was not Intended that all 
farming machinery which u fanner may own 
should be exempt, because, while he uses it 
chiefly by renting it out, or in doiug work on 
others’ farms for hire, he still uses it to a 
small extent on lus own laud. To hold other¬ 
wise would enable the farmer who cultivates 
40 acres to invest a large amount of money in 
expensive implements, and to hold them free 
and clear of his creditors, though they were 
used but for a day on his own land and for all 
the balance of the year were rented or hired 
out to others.* 
A o KOI SION of wide interest to travelers 
was rendered by the Massachusetts Supreme 
Court the other day. When passengers are 
robbed at night in a sleeping car the Court 
holds that the sleeping car company is liable 
for the loss, “The Company,” says Chief Jus¬ 
tice Morton, “holds itself out to the world as 
furnishing safe and comfortable cal's, and 
when it sells a ticket it implicitly stipulates to 
do so. It. is its duty to use reasonable means 
to guard the passenger against theft; and if 
through want of care the personal effects of a 
passenger, such as be might reasonably carry 
with him, are stolen, the company is liable. 
Such a rule is required by public policy and 
by the interests of both the passenger and the 
company.” 
Tenant’s Insurance. — The Kentucky 
Court of Appeals held, in the case of Temmen 
et al. vs. Hay re el al., that a tenant authorized 
by liis landlord to insure the rented property 
and deduct the premiums paid from the rent, 
bad uo authority to insure the property for 
the benefit of his own creditor, and that, the 
property having been burned, the landlord, 
and not the tenant’s creditor, was entitled to 
the proceeds of the insurance, although the 
policy provided than the loss, if any, should 
be payable to the latter, as the creditor was 
bound to know that the tenant was acting 
against the interest of the landlord iu allowing 
the insurance to be taken in this way. 
“ Old Reliable" Mobile , Ala.— 1. A was 
taken into her family by B—as it were adopt¬ 
ed, though no kin—and received no compen¬ 
sation for her labor up to B's death four years 
afterwards. B’s next of kiu now claim all the 
property, B having died without making a 
will; cun A recover monthly wages out of the 
estate if she cun prove that B iutcudod to 
recompense her, though the promise to do so 
was never reduced to writing, but was made 
within the hearing of others? 2. Hus any¬ 
body a legal right to shut up a ditch in a val¬ 
ley SO feet, wide by building a dam three feet 
above the natural surface across the whole 
valley? Can another person whoso land and 
crops have boon Injured by the overflow of 
back-water caused by the damming of the 
ditch, recover damages from the builder of 
the dam? The water In the ditch lmd been 
running unchecked for 20 years. 
Ank, —1. There should be no difficulty in 
recovering wages from the estate under such 
circumstances, unless A was a child whoso 
maintenance would be worth more than her 
services. If a minor, suit, should be brought 
through a guardian. If she has uo natural 
guardian, the Court, on application, will con- 
linn the selection of one. 2. Every farmer 
who owns land situated on any kind of stream 
has the following rights:—l, to the natural 
flow of the stream; 2, that it shall continue to 
run In its accustomed channel; 8, that it shall 
continue to flow upon his land in its usual 
quantity, natural place and usual higlit; 4, 
that it shall flow oil’ his laud on to the land of 
his neighbor below in its accustomed place 
and at its usual level. If any laud-owner 
shall make any change in the natural flow of a 
stream to the material injury of any owner 
whoso land is situated upon it, or by any in¬ 
terference shall prevent the stream from flow¬ 
ing as it was accustomed to flow, he is respons¬ 
ible for the damages he may occasion. This 
rule applies to running streams or water¬ 
courses. Iu this sense, a water-course is a 
channel for the conveyance of water, made by 
the general trend or inclination of the sur¬ 
rounding land from which the water is col¬ 
lected iu the cbauuel; or it may lie artificial, 
as in the case of a ditch made to carry off 
water from low lands, from which it cannot 
flow in consequence of the natural formation 
of the surface of the surrounding country. 
The water in the channel need not flow con¬ 
tinually, for there are many water-courses 
that are sometimes dry; but. it must have a 
definite bed, sides and banks—a well-defined 
existence. Twenty years’ use of a stream in 
any way will bar all opposing claims. 
L. If., Rochester, N. Y. —A makes a will 
giving his niece T> and her heirs forever $1,000. 
D dies before A, leaving two children. A died 
shortly afterwards, leaving his will unchanged 
and it was duly probated. The executor 
claims that D’s children cannot get the $1,000 
as their mother died before A, and therefore, 
never had any interest in his estate. Is he 
right? 
Ans.—Y es. On the niece’s death, she not 
being a descendant of the the testator, the leg¬ 
acy, according to the laws of this State, lapsed, 
and the amount belongs to the estate and not 
to her children. 
L. II., Suspension Bridge, N. Y. —A wife 
dies after having willed her property, real and 
personal, to her own blood relations; has the 
surviving husband any right in her estate, 
they having had no children ? 
Ans, —In this State where there are no 
children from the marriage, the wife has a 
right to dispose of her entire estate by will, 
without giving any interest whatever to her 
husband. There is a growing sentiment, how¬ 
ever, that a law should be passed giving the 
husband the same interest in the wife's estate, 
that the wife now has in the husband’s. 
L. II. S., Plattsburgh, N. Y. —Is there any 
homestead law iu this State by which a debt¬ 
or’s home or household effects areexempt from 
seizure by a creditor ? 
Ans. —No; but household effects, apparel 
aud provisions, etc., to a reasonable extent, 
are exempt from execution. 
L. 0„ H'inona, Mich. —Can a person uuder 
21 take out a patent? 
Ans. —Yes. 
To Several, Inquirers.—Wo cannot sit iu 
judgment on the legal merits of any patent. 
To do so is one the functions of the United 
States District, Circuit and Supreme Courts, 
and we have no ambition whatever to usurp 
it. To give au opinion on the validity of a pa¬ 
tent which has not been tested before the 
courts is dangerous; for it is impossible for ns 
to learn all the points on all sides of the oaHe 
under oath, as the judge does iu a patent trial, 
and nothing is easier than, with partial 
knowledge of the facts, to give advice which 
may lead our friends into expensive litigation 
in which they may lie defeated. For this reason 
we must decline to offer any opinion on the 
validity of several patents about which in¬ 
quiries are made by our subscribers in differ¬ 
ent parts of the country...Lower Cali¬ 
fornia is a line country, and has many advan¬ 
tages for various agricultural industries, es¬ 
pecially fruitgrowing, but just now the whole 
region is being extravagantly “boomed,” and 
“paper” town and city lots as well as locations 
for vineyards, orange groves, orchards, etc., 
etc., are hold at monstrously high prices. Of 
course, the “boom” was originally got up 
chiefly to take in t he great uumberxof strang¬ 
ers who have lately been visiting that section 
and those at a distance who might be influ¬ 
enced by their glowing words: but lately the 
natives, or rather the settlers (for the region 
has been so recently taken up by “Americans” 
that the “natives” of our race are still iu the 
nursery or at school) have been inoculated 
with the crazy enthusiasm anil prices have 
been rushed up SO high that there must soon 
be a collapse. It is foolish to buy property 
during the hight of a “boom”—better buy be¬ 
fore it begins or after it has collapsed. In 
some months or a year or two property can 
doubtless be obtained in Southern California 
for its real value. We very much doubt 
whether it can be obtained for that now. 
... .The Empire News Co.,of Syracuse, N. Y., 
is u fraud. 
iiliscclU mints. 
CATALOGUES, ETC., RECEIVED 
Rochester Hay Carriers and Slings. 
—Circulars from W. G. Ricker,58 Lorimer St. 
Rochester, N. Y.—It is claimed that these 
slings are as far ahead of the horsefork as that 
implement is ahead of the old-style method of 
pitching the hay from the load. The slings 
are made of ropes and stout cross-bars. One 
is placed at the bottom of the hay rack, fast¬ 
ened at front and rear. Hay is loaded upon 
this and then another sling is placed od the top 
of the hay and so on until the toad is com¬ 
plete. In unloading, the ends of the slings 
are brought together at the top of the hay, 
fastened to the carrier aud the whole se :tion 
raised and carried to the mow at one pull. 
With three or four such pulls the whole load 
is delivered. Send for the circular and exam¬ 
ine it. 
Gay Road Carts. —Catalogue from J. G. 
Gay & Sou, Ottawa, Til.—Throughout the 
West and South these carts are very popular. 
The New Style Jogging Cart is one of the best 
on the market. It. weighs 125 pounds, is 
strong aud an easy rider and will carry two 
passengers. The special feature of these carts 
consists in the long curved steel springs, 
which work in the shackle-brace from the 
cross-bar to the shafts, the foot rest being at¬ 
tached to the front end of the spring by a 
pivot bolt, thereby allowing the seat and foot¬ 
rest to work in unison with the spring, and 
doing away with all horse motion. Send for 
the catalogue and look it over. 
Tuxedo Suit. —Circular from Jas. Mc- 
C'reery & Co., Broadway and 11th St. New 
York.—This suit is the neatest thing we have 
seen in the way of a costume for out-door ex¬ 
ercising. It is to the woman what the ath¬ 
lete’s costume is to the base ball player or 
oarsman. We may not be thanked by all the 
members of the family for saying that every¬ 
one should see this circular. Young women 
who examine it will he hard to satisfy until 
they possess the suit. Send for the circular. 
Luburg Improved Chair.— Catalogue 
from the Luburg Manufacturing Co., No. 145 
No. 8th St., Philadelphia. Pa.—We have this 
chair in use and could hardly get along with¬ 
out it. It is certainly oue of the most com¬ 
fortable pieces of furniture that can be placed 
in a house. It will take the place of rocking- 
chair, easy-chair and lounge. There would 
be less ill-temper in the world if one of these 
chairs could he placed in every household. 
Agriculture of Pennsylvania.— The re¬ 
port of the Pennsylvania Board of Agricul¬ 
ture for 1886 has been received from Secretary 
Thomas J. Edge, Harrisburg, Pa. This vol¬ 
ume of over 600 pages is very complete. Tt is 
well illustrated The reports of the Pennsyl¬ 
vania Horticultural Society and the Dairy¬ 
men’s Association are both included in the 
volume. Many farm books have been writ¬ 
ten which contain less information than can 
be found here. 
Pure Tea and Coffee.— Circulars from 
the Great American Tea Company, HI aud 88 
Vesey Street, New York.—This house has 
been established for 80 years and has won a 
well-deserved reputation for fair dealing. 
They offer pure goods aud pride themselves 
upon doing what they promise. They import 
their own goods and desire to deal directly 
with their retail customers. 
Kansas Agriculture. — Fifth Biennial 
Report of the Kansas State Board of Agrioul 
ture, sent by the Secretary, William Sims, 
Topeka, Kans.—This excellent volume of 
nearly 900 pages is filled with statistical aud 
general information concerning Kansas agri¬ 
culture. It is by far the most complete report 
issued by any State Agricultural Board in this 
country. 
Creameries and Dairies.— Catalogue of 
the improved apparatus and supplies manu¬ 
factured by H. F. Batcheller & Son, Rock 
Falls, HI.—The Batcheller churn is praised as 
the easiest operated and simplest. Eureka Rut¬ 
ter Workers, butter ladles, lever butter-work 
ere, thermometers, aud horse aud dog powers 
are also offered at reasonable rates. 
Botsforp Wagon Springs.— Circular from 
Pomeroy & Pearson, Lockport, N. Y,—These 
springs are highly praised tiy those who have 
used them. The aim of the makers is to make 
a first-class spring out of the best materials. 
Springs of all sizes are made, from those car¬ 
rying 125 to 1,900 pounds to those which sus¬ 
tain three tons. 
Something You Ought To Know.— Pam¬ 
phlet from Newton & Ludlam, 182 Front St., 
New York.—The information which is sup¬ 
posed to be a necessity to the reader consists 
iu a description of the fertilizing materials 
sold by this firm. Those who read the pam¬ 
phlet. will rind much interesting information. 
Berry Crates. —Catalogue aud Price-List 
from the Disbrow Manufacturing Co.,82 Hick¬ 
ory St., Rochester, N. Y.—These baskets, 
crates and egg carriers appear to be well made 
aud are sold at reasonable rates. 
Chemicals and Chemical Fertilizers. 
Circulars from Wm. Davison & Co., Balti¬ 
more, Md.—This.firin both manufacture and 
import fertilizers. Send for the catalogue 
and examine it. 
IJUPORTHNT 
TO 
HOUSEKEEPERS 
AND 
HOTEL PROPRIETORS. 
JAMES McCREERY& CO. 
offer Special Inducements to 
Housekeepers and Hotel pro¬ 
prietors in the following lines 
of Housekeeping Goods: 
TABLE DAMASKS, 
50 cts., 65 ct8., 75 eta,, 85 cts, and $1.00. 
TABLE NAPKINS, 
$1, $1.25, $1.50, $1.75, $2,00 per dozen. 
TOWELS ALL LINEN, 
$1, $1.25, $1.50, $1.75, $2 per dozen. 
TOWELINCS, 
5 ots., 8 ots., 10 cts., 12!>s cts. per yard. 
CLASS TOWELINCS, 
10 cts., 12ha cts., 15 cts., 20 cts. per yard. 
BLANKETS, 
$1.25, 1.50, $1.75, $2.00 per pair. 
BED SPREADS, 
85 cents, $1.00, $1.25, $1.50 each. 
UTICA SHEETINGS, 
5-4 6-4 JJ-4^ j)-4^ 10-4 
14 cts., 16 cts., 21 cts., 23 cts., 25 cts. 
together with an extensive 
variety of finer qualities, in¬ 
cluding new and elegant de¬ 
signs in fine Table Cloths, 
Napkins, Lunch Cloths, etc. 
They also offer in their 
UPHOLSTERY DEPARTMENT 
LACE CURTAINS, 
$1.50, $2.00, $3.00 per pair and npward. 
COLORED MADRAS CURTAINS, 
$5, $6, $7.50 per pair and up; by the yard, 
40c., 50c., 65c., 75c. per yard and upward. 
PORTIERES, 
$6.00, $7.50, $10.00 per pair and upward. 
SILK PLUSHES, 
24-inch, $1.75, $2.50, $3.50 per yard. 
SILK BROCATELLES, 
52-inch, $4.00. $7.50 and $9.00 per yard. 
Holland Window Shades, all 
sizes and colors, Slip Coverings, 
and Cretonnes, Ac., Ac. 
Orders by Mail or Express 
from any part of the country will receive 
careful and prompt attention. 
Broadway and lltliSt., 
New York. 
Bhutan 5 Work. 
CONDUCTED BY EMILY LOUISE TAULIN. 
SPRING IN THE HOUSEHOLD. 
“The bluebird and the violet,” though “with 
us once again,” as the poet tells, are not the 
only heralds of springtime. All over this 
broad laud are busy housewives, before 
whom the semi-annual house-cleaning looms, 
like some chimera dire. Wo ail know some 
notable women to whom such work is a de¬ 
light; who battle with the winter’s grime as 
if it were a hated enemy, who could only be 
vanquished by ferocious strength. 
These are usually women to whom ill-health 
is a rarity, and “nerves” a thing unknown. 
But we may remark in confidence that we 
tliink more women are killed or crippled by 
the dread Juggernaut of spring eleauing than 
by the deadly frying pan, considered by 
many authorities the most insidious foe of the 
American household. But then, dust aud 
dirt will accumulate, with the natural de¬ 
pravity of inanimate things, aud what are we 
going to do about it ? 
The trouble is, au ambitious woman usually 
tries to do too much at once, aud the result is 
chaos aud calamity all round. If we only take 
oue room at a time, we may uot do as much 
