4880 
Cflttr. 
“ Every Man is presumed to know the Law. 
Nine-tenths of all Litigation arises from 
Ignorance of Law." 
ARREARS OF TAXES. 
L. T., Albany , N. Y. —A short time ago, [ 
came by collateral inheritauce into possession 
of a small but valuable farm which I supposed 
was free of all “incumbrances.” Not long 
afterwards, however, just in time to prevent 
its sale at public auction, I discovered that 
there were against it claims for arrears of 
taxes which had been standing on the Tax 
Commissioner’s books for 25 years. Wasn’t 
such a debt outlawed by the statute of limit¬ 
ations the same as any other debt? Isn’t it the 
duty of the Tax Commissioner to serve a notice, 
or cause any arrears to be noted on the first 
tax bill rendered after any assessment Has 
been levied or any deficiency of payment or 
charge agaiD.st the property has occurred? If 
this is not the case, the present condition of 
the law exposes the owners of taxable proper¬ 
ty to a liability to much annoyance and heavy 
loss. 
Ans. —The statute of limitations does not 
run against debts due under the statutes for 
the collection of taxes. There are two pro¬ 
visions of the laws of this State, however, 
which, if properly enforced, afford some pro¬ 
tection to tax-payers. It is the duty of the 
Clerk of Arrears of Taxes, upon requisition of 
any person, to furnish a bill of all arrears of 
taxes due prior to the first of June last past. 
Moreover, “ whenever any tax and interest 
thereon shall remain unpaid for two years 
from the first day of May following the year in 
which the same was assessed, the Controller 
shall, as soon thereafter as he shall deem it for 
the best interests of the State, proceed to ad¬ 
vertise and sell such lands”. Notice of the sale 
must be given to the owner. Probably the 
courts would not hold that such a clause as 
the above would give the Controller a right to 
delay the sale for 25 years, especially as it is 
the duty of the tax collectors to make diligent 
search for property on which to levy for the 
pay ment of a tax as soon as it is over-due. All 
tax bills rendered in this city must contain 
a record of the arrears of taxes on the proper¬ 
ty covered by the bills, and this practice 
should be of general application. 
INHERITANCE OF A POSTHUMOUS CHILD. 
T. S. M., Medina, N. Y. —A gave by will 
half of his large farm and other property to 
his second wife and half to his child by the 
first marriage, no child having been born by 
the second marriage at A’s death. About six 
months after his death, however, his widow 
bore a child. The will was contested on be¬ 
half of the second child against the other 
child by the second child’s mother, and, in 
default ot an answer or appearance, the 
second child received his share of the property 
btqueathed to the first child. Shortly after¬ 
wards the child by the second marriage died 
Who is now entit’ed to the second child’s 
property—the mother alone or the first child, 
or is the dead child’s share of the property 
to be divided between them? If the mother 
is entitled to the whole; could the child of the 
first marriage re-open the contest, which was 
lost by default 8 
Ans —The child of the first wife and the 
mother of the second inherit the property 
share and share alike. There could be no 
valid defense to the claim in behalf 
of the posthumous child. It legally 
inherited that portion of its deceased 
father’s estate it would have received if there 
had been no will, as every child born under 
such circumstances in this State must do if 
no provision is made for it in the will. 
drainage from upper to lower land. 
J 0., Henry Clay P. O., Del. —I have a piece 
of laud that needs drainage. The water from 
the drains would run on my neighbors land, 
as ihe inclination of the field is in that di¬ 
rect on. Have 1 a right to let the water flow 
on his land in case be is unwilling to grant 
permission ? Can I legally discharge the drains 
at one point on my own laud, near my neigh¬ 
bor’s line fence ? 
ans —The drainage laws of the different 
States vary considerably. The statutes of 
most of the States provide for the construc¬ 
tion of county and township ditches, but in 
only a few is any provision made for private 
ditches, like that here referred to. The prin¬ 
ciple governing such cases is that when two 
fields are adjacent, and one is lower than the 
other, the owner of the upper field has a le¬ 
gal right to have thesurface water—the water 
that falls upon his land—flow off upon the 
laud below it; but he has no right to collect 
the water by drains or other artificial means, 
and discharge it upon the land of his neighbor 
THE R3J8AL NEW-YORKER, 
40 f 
to his injury. By so doing he renders him¬ 
self liable to an action for damages. 
DEEDS AND MORTGAGES MUST BE RECORDED 
“Af,” Gilbertsville, N. Y. —A gives B a 
mortgage on his real estate. Thirty days 
afterwards he gives C a mortgage on the 
same property. B neglects to record his 
mortgage until after C has recorded his. 
Which has the first claim ? 
Ans —B must suffer for his negligence. 
YVashburu on Real Property, page 535--537, 
and 4 Kent 173, agree that the records of a 
town or county in which lands lie are sup¬ 
posed to give full information of grauts or 
liens affecting a title, and any one who has a 
deed or mortgage which he fails to put on 
record, is liable to have his rights cut off by a 
subsequent deed or mortgage from the 
grantor. This record constitutes public 
notice to all future mortgagees or purchasers 
of the land. Had B recorded his mortgage, 
the record would have given C notice of the 
previous mortgage, and if he was not in any 
way notified of the existence of such mort¬ 
gage, his own mortgage having been duly re¬ 
corded must take precedence of B’s. B's 
remedy is now against A. 
TAXATION FOR RAILROAD-BUILDING BONDS. 
L. S , Hastings, Neb. —Ten years ago a town 
in which 1 own a farm, under the general 
railroad law issued bonds to aid in the con¬ 
struction of a railroad through the town, the 
bonds to be payable In 30 years and the inter¬ 
est thereon annually. Are the bonds a lien 
on the real estate within the boundaries of the 
town at the time of bonding ? 
Ans. —Bonds issued by a town for the con- 
stiuction of a railroad or any similar purpose, 
are not alien on the real estate of individuals. 
The town, however, must pay the interest and 
the principal when due,and the proper officers 
can be legally compelled to levy a tax suffi¬ 
cient for the purpose, and in case they refuse 
to do so,they can be punished for contempt of 
court, by the judge who ordered thq assess¬ 
ment. Such taxes when laid, are a lien on 
the real estate upon which they are assessed, 
and must be paid ttefore a good title therefor 
can be given, and of course the property may 
be sold for unpaid taxes. 
S'. T. L., Bath, N. Y. —A short time ago I 
bought a farm in another part of this State, 
for which I have paid in full and received a 
release or satisfaction piece. Is the seller 
legally obliged to give up to me any former 
deeds, releases or other kinds of receipted bills 
affecting the property? 
Ans. —No; the seller of the property is 
legally obliged to give only his own deed; and 
the mortgagee, when a mortgage is canceled 
is compelled to give a satisfaction piece to 
cancel the mortgage. Neither party is obliged 
to give up any former deeds or releases that 
may be in his possession. 
C. H. M„ Bristol Springs, N. Y.— There 
are no public landings on the shores of Canan¬ 
daigua Lake. Those who ship grapes and 
other freight without owning laud on the lake 
must ship from private docks. Should this 
privilege be denied, would the aggrieved 
party or any one else have a right to build a 
dock on the lake where a public highway 
conus to the edge of the water, without the 
consent of the owner of the adjacent land? 
Ans.—N o. Unless there is a law already 
relating to the matter, the ouly relief is 
through the legislature by getting the Assem¬ 
blyman for the District to introduce either 
a special bill for this case or a general bill ap¬ 
plicable to all cases of the kind in all the 
waters of the State. 
pi.orcUancou.si gUvrrti.oing. 
Manly 
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