738 
THE RUSAL 
190V 3 
Cmu. 
“ Every Man is presumed to know the Law. 
Nine-tenths of all Litigation arises from Ig¬ 
norance of Law .” 
CONTRACTS, 
W. A. D., Middlebury , Vt .—If A goes from 
this State to Pennsylvania and there bargains 
for a farm with B, without drawing up any 
agreement in writing, then returns home and 
sends B a sum of money to bind the bargain 
and afterwards decides not to take the place, 
can B get any more money out of A for 
breaking his agreement, as A now lives in a 
different State? 
Ans.—I f the contract was valid in Pennsyl¬ 
vania, the courts in Vermont will hold it 
valid also; for, as a rule, contracts will be 
everywhere sustained, modified or repudiated 
according to the law of the States in which 
they wei'e made. Thus an agreement to pay 
ten per cent, interest made in California where 
such a rate is legal, will be enforced in New 
Hampshire although if made in the latter 
State it would be in violation.of the usury laws. 
So, on the other hand, contracts void by the 
law of the place where they are made are 
ordinarily void elsewhere. In this case of 
course the suit against A must be brought in 
Vermont. “The statute of fraud and per¬ 
juries,” however, provides that no action shall 
tie maintained upon a contract for the sale of 
land unless the agreement on which it is 
brought or some memorandum thereof is in 
writing and signed by the party to be charged 
or by some person thereto authorized, iu writ¬ 
ing. But if any part of the price, however 
small, is paid for the purpose of binding the 
bargain, it will take the place of a memoran¬ 
dum. Tne latter, in any case, need not be 
drawn with legal formality; any memoran¬ 
dum that contains or refers to any paper con¬ 
taining its substance, even though the latter 
is not signed, is sufficient. The statute re¬ 
quires that the memorandum should be signed 
only by tne party to be cnarged or by his 
agent. It is not absolutely necessary that the 
signature should be at the foot. If a man 
writes “ I Joan Smith have agreed, etc.” and 
does not sign it at the bottom, it will answer 
in law if it is intended as a memorandum, 
and it may be jotted down with a pencil or 
written with ink. This statue was enacted by 
the English Parliament in the reign of Charles 
II and has been substantially re-enacted in 
about three-fourths of the U uited States, and 
m all or nearly all the remaining States a 
portion of its provisions has been adopted. 
WILFUL INJURY TO OR DESTRUCTION OF 
TRESPASSING ANIMALS. 
L. M. S , Rochester , N. Y .—I have a farm 
in a neighboring county and some of my 
cattle trespassed on the land of an ill-natured 
neighbor who needlessly injured, in a serious 
manner, a fine Jersey heifer in calf, while 
driving them out; have 1 any remedy ? What 
is the law with regard to inflicting injury or 
death on trespassing live-stock? 
Ans.— Certainly you have a remedy. A 
laud-owner has no right to needlessly injure 
or kill his neighbor’s cattle when found tres¬ 
passing; he must content himself with his 
legal remedies of impounding or bringing a 
suit at law. This rule applies to fowls also as 
well as to other domestic animals which in the 
eyes of the law are not wild beasts—ferae 
naturae. Notice given of an intention to kill 
would oe a mere threat to do an illegal act, 
and would not alter the case. It has been 
often decided that the poisoning of a man’s 
hens, even after complaint of repeated tres¬ 
passes and warnings of an intention to kill 
them, was a wrong tor which an action 
would lie. It is also unlawful for a man to 
tempt his neighbor’s animals into danger by 
setting, on his own land, traps baited with 
strong-scented meat or any other similar 
things by which they may be allured to de¬ 
struction. In a number of the States there 
are stringent laws making it a crime to injure 
domestic animals maliciously. In Maine, 
“whoever wilfully or maliciously kills, 
wounds, maims, disfigures or poisons any 
domestic animal, or exposes any poisonous 
suustance with the intent that the life of any 
such animal shall be destroyed thereby, shall 
be punished by imprisonment for not more 
than four years or by fine not exceeding $500.” 
Tne above is substantially the law in New 
Hampshire, Vermont, Massachusetts, New 
York and most of the other States. To con¬ 
stitute malicious mischief, at common law, in 
injuring animals, malice towards the owner 
is essential, and such malice must be averred 
and proved. It will not be inferred from an 
act merely injurious or from the killing of 
an animal belonging to another; but in all 
such cases an action will lie for damages. 
RECOVERY OF MORTGAGED OR STOLEN PROP¬ 
ERTY FROM “INNOCENT HOLDERS.” 
T. N., Troy , Fa.—‘A mortgaged his team to 
B, aud then.sold the animals. Before B had 
traced them ’up they had parsed through the 
hands of two innocent parties, and had been 
bought by a third person who knew nothing 
of the mortgage. Can B recover them? 
Ans. —Yes. It is a general rule to which, 
however, there are several important excep¬ 
tions, that one can give another no better 
title than he has himself. A mortgaged or 
stolen horse may, therefore, pass through the 
bands of 50 men, each one of whom acts in 
good faith and pays full value, without in 
the least impairing the right of the mortgagee 
or owner to take the animal whenever and 
wherever he can find him. The purchaser 
under such circumstances has no better title 
than the original di shonest owner or the thief 
had. 
L. T. M., Bath , N. V —A. buys a horse of 
B, pays for him, takes a bill of sale, aud leaves 
him to be called for at a more convenient 
time. Can B’s creditor attach the horse. 
Ans . —Yes. A’s title is perfect as against 
B; but not against B’s creditors; for to the 
public the evidence of a change of ownership 
is a change of possession in such cases. Pos¬ 
session is prima facie evidence of ownership, 
and a delivery of goods, without payment and 
without a bill of sale, will often sustain a title 
where payment and a bill of sale, without de¬ 
livery, would not. 
CATALOGUES, ETC., RECEIVED. 
Aspinwall Potato Planter. —One of 
these noted machines was sent to tne Rural 
Farm last spring for trial. The late season 
compelled us to change our plans regarding 
the planting of potatoes, so that we were un¬ 
able to give the planter a thorough trial. From 
the little experience we had with it and a care¬ 
ful examination of its construction we do not 
hesitate to say that it is one of the most ingen¬ 
ious agricultural implements ever devised. 
Nothing could be more accurate than the 
manner m which the pickers iu this machine 
grasp the seed-pieces and drop them at exact 
distances apart. This machine is bound to 
come into extensive use. It is made by the 
Aspinwall Manufacturing Co., Three Rivers, 
Michigan. 
The Hudson Bicycle.—C ircular from 
S. Terry Hudson, Riverbead, L. I. N. Y. The 
“Bicycle” is a new potato cultivator which 
combines many new and excellent principles. 
T. B. Terry is reported as saying of it: 
“it is child’s play to run it; it is a perfect 
machine, and extremely fast. With an As¬ 
pinwall Planter, a fast-working “Bicycle” to 
mellow, hoe and hill the crop, and a digging 
machine to harvest them, it looks as if pota¬ 
toes could be grown at a profit if ^prices were 
low. ” 
J. J. Watrous, 213 Race Street, Cin¬ 
cinnati, O.—A circular of the Alley Target or 
Sparrow Gun. It contains a handsome illus¬ 
tration showing a gentleman in the act of 
killing an English sparrow 50 feet away. 
This circular will interest the boys. Send for 
it. 
Farmers’ Accountant. —This is a very 
useful little book for keeping a record of the 
year’s work on the farm. It also contains 
valuable tables, rules etc. Issued by A. S. 
Core, 170 Front Street, New York. Price 
25 cts. 
Shipman Engine Co., 92 Pearl Street, 
Boston. —This circular describes the Shipman 
engine aud is full of interesting information 
concerning the use of kerosene oil as fuel for 
engines. These engines are coming into 
general use and are just the thing needed for 
supplying power cheaply and automatically. 
Send for this circular. 
L. B. Silver Company, Cleveland O.— 
Circular of the famous Ohio Chester Swine. 
This concern makes a specialty of sows for 
pigs for exhibition purposes. Breeders should 
write to this company for circulars and other 
information. 
That Tired Feeling 
The warm weather lias a debilitating effect, 
especially upon those who are within doors most 
of the time. The peculiar, yet common, com¬ 
plaint known as “that tired feeling,” is the 
result. This feeling can be entirely overcome by 
taking Hood’s Sarsaparilla, which gives new life 
and strength to all the functions of the body. 
“I could not sleep; had no appetite. I took 
Hood’s Sarsaparilla and soon began to sleep 
soundly; could get up without that tired and 
languid feeling; and my appetite improved.” 
R. A. Sanford, Kent, Ohio. 
' Hood’s Sarsaparilla 
Sold by all druggists. $1; six for $5. Mad# 
only by C. I. HOOD & CO., Lowell, Mast. 
IOO Doses One Dollar 
A HUNDRED YEARS A HERO! 
HOW SETH WARNER WON A WIFE AND BE¬ 
CAME FAMOUS. 
Colonel Seth Warner, of Vermont, the 
famous hero of the Revolutionary war, was a 
leading fighter for the Hampshire grants. 
These titles were disputed by the State of 
New York, and its authorities obtained an 
edict of the King of England in their favor. 
The settlers were stung by the supposed iu- 
juctice. This state of things brought Colonel 
Seth Warner to the front. With Ethan Allen 
and others he actively opposed every effort of 
the New York State authorities to enforce 
possession, and finally he, with Allen and 
others, was outlawed and a price put on 
their heads! 
To circumvent New York, it was necessary 
that some one should go into that State and 
gain required information. Col. Warner, as¬ 
suming for safety the name of “Dr. Howard,” 
undertook this perilous and romantic jour¬ 
ney. 
While on his way home he stopped at a 
country inn, where an old gentleman and 
daughter were storm-bound. The father fell 
ill and the daughter called upon Col. Warner, 
who, with his wide knowledge of simple reme¬ 
dies, successfully treated the “old man,” aud he 
finally won this devoted woman for a wife. 
Such incidents were not uncommon in those 
years. When the doctor was not easily 
reached, months of sickness, and even life 
were often saved by some unprofessional 
friend versed in the use of simple herbs and 
roots. The health of early settlers and their 
powers of endurance convince us that such 
medicines did only good and left no poison in 
the blood to work as much injury to the sys 
tem as would the disease itself. 
In time of peace the colonel was in constant 
demand for his knowledge of simple remedies 
and their power over disease. But it was left 
to another of his name of the present age to 
give to the public what was then used with 
such positive success. 
Warner for over a hundred years has shared 
with Ethan Allen the admiration of the 
American people. 
Colonel Seth Warner belongs to a family of 
wide distinction; no less than eight members 
thereof won fame in the regular practice of 
medicine - 
Looking to the adoption by the people of 
this generation of the old-time simple rem¬ 
edies, his direct descendant, H.;H. Warner, the 
well-known proprietor of Warner’s Safe Cure, 
for many years has been experimenting with 
old-time roots aud herbs formula; and, his 
search having been finally rewarded with suc¬ 
cess, be gives the world the result. These re¬ 
cipes and formulae in other days accomplished 
great things because they were purely vege¬ 
table and combined simply so as to cure the 
disease indicated, without injury to the sys¬ 
tem. In harmony with their old-time charac¬ 
ter, we learn that he proposes to call them 
Warner’s Log Cabin remedies, using as a 
trade-mark an old-fashioned American log 
cabin. We understand that he intends to put 
forth a “sarsaparilla,” for the blood, the sarsa¬ 
parilla itself being but one of a number of 
simple and effective elements; “Log Cabin 
hops and buchu,” a general stomach tonic and 
invigorator; “Log Cabin cough aud consump¬ 
tion remedy;” “Warner’s Log Cabin hair 
tonic;” a preparation for that universal 
disease catarrh, called “Log Cabin rose 
cream;’’ “Warner’sLog Cabin plasters;” and 
“Warner’s Log Cabin liver pills,” which are 
to be used in connection with the other reme¬ 
dies, or independently as required. 
Warner’s safe remedies are already stan¬ 
dards of the most prouounced scientific value 
in all parts of the world, and we have nodoupt 
the Log Cabin remedies, for the diseases they 
are intended to cure, will be of equal merit, 
for Mr. Warner has the reputation of connect¬ 
ing his name with no preparation that is not 
meritorious. 
W FOR A LI. $30 a week and expenses 
paid. Samples worth $5 and particulars 
free. P. O. VICKERY, Augusta, Maine. 
will buy a full Nickel hand-made IlnriiCHHi 
best in the U ij. ior the money. Send to Kino & 
Co., Owego, N. Y., for newcatalogueand Price- 
list. SfT FARM HARNESS A SPECIALTY. 
■5 r p A DHC 25 May I C U Horn# Card.. 25 Eerort Card.. 25 fllr- 
£ V m U ^3 ■ tatinn Card., and finest Sainjde Book of Hidden Nam* 
Visiting Cards o»vr sent out. All only 10 cents. Bteain Csrd M orka. Station 15, Ohio. 
■■■ Hidden Nam a and Motto Card., Scrap Picture-, Pnrrl**, Dames. 
M Magic, one |-aok of Escort Card., and largo Sample Book of flcnubn* Card* 
" (not yicturee.) All for a 2 cuttUtuy, Danner Card Co., Cadi*, Onto. 
PLAYS 
Dialogues, Tableaux, Speakers, for 
School.Club & Parlor. Best out. Cata¬ 
logue free. T. S. Denison, Chicago,Ill. 
ROSSIE IRON ORE PAINT. 
Is made from Red Oxide Ore—Is the best and most 
durable Paint for Tin, Iron, and Shingle Roofs, Barns, 
Farm utensils, etc., will not crook or peel— w 111 protect 
roofs from sparks. Samples free. Ask prices of 
from sparks. Samples rree. ask prn 
it os win IRON 6 kk paint CO., 
OgdvuHburg, N. Y. 
THE BEST IS THE CHEAPEST! 
Shipman Automatic Steam Engine 
Kerosene Oil for Fuel. 1. 2. 4, 6 and 8-Horse Power. 
Over 2,500 In use. No Dust or Dirt. 
For Farmers, Printers, Carpenters. Sawing wood. 
Humping water, and where any small power is needed. 
Catalogue free. Mention this paper. 
8H.ipm.ftH Erigino Co., 
•(•i Pearl Street, IJpxton. Mass. 
AGENTS WANTED TO SELL 
The BRIGHTEST, JOLLIEST JUVENILE 
HOOKS. Full of the oddest pranks and most 
elia rilling stories with laugh-pro vokingPirtures 
by the Prince of Juvenile artists. A tilt EAT 
lllT! Over 10,000 sold. Critics say ot it : 
*‘/f arts my little folks wild with delight.” —Hoil. Clinton 
B Fisk. ''Don't/rend me another, for I cati'l yet the chil¬ 
dren to bed."— R. H. Comvcll, D. D. “A delightful 
booh." — I'hi la. Press. “Incomparably neot and elegant. 
—Hon. S. S. Cox. "Fascinating as A.sop and Uncle 
Remus."— Hon. Howard Crosby. 
HIBBARD BROS.. Philadelphia, Chicago, or Kansas City. 
IF YOU WANT TO KNOW 
1,001 Important things you nover know or thought 
of about tho human body and Its curious organs. 
Ho w life is perpetuated , health saved,disease induced 
How to avoid pitfalls of ignorance and indiscretion. 
How to apply Home-Cure to all forms of disease, 
How to cure Croup, Old Eyes, Rupture, Phimosis, etc.. 
How to mate.be happy in marriage& have prize babies 
irFREfep PAV 
Murray Mill Pub. Co., 1’2» E. 28th 8t.. New York. 
BARNEY& BERRY 
SKATES 
CATALOGUE FREE. 
BARNEY &. BERRY SPRINGFIELD,MASS 
General Advertising Rates of 
THU RURAL NBW - YORKER. 
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Terms of Subscription. 
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a* eesond eiaae stall _ , 
