2/6 
THE RURAL NEW-YORKER. 
April 1, 
TALKS WITH A LAWYER. 
Tenant's Right in Timber. 
A man is left by will a farm of which he is 
to have life use; then it goes to his sons. Can 
he cut some of the standing timber to repair 
the buildings on the farm? Can his sons for¬ 
bid him from cutting and selling any of the 
timber? M, h. 
A life tenant of a farm may cut stand¬ 
ing timber so far as is necessary to re¬ 
pair the buildings on the farm. He may 
not, however, cut and sell such timber. 
By doing so he would commit waste, and 
be liable to the remaindermen therefor. 
Contract Between Husband and Wife. 
What security should a man give to his wife 
on borrowing money from her? Is his note 
legal? K - 
Under the common law a husband 
could not enter into a binding contract 
with his wife. In the eye of the law, a 
husband and wife were one, and conse¬ 
quently could not make contracts with, or 
sue each other. In many States this dis¬ 
ability is removed, and contracts may be 
made and suits maintained directly be¬ 
tween husband and wife. In Massachu¬ 
setts the enabling acts have not gone so 
far as to permit a married woman to 
make contracts directly with her hus¬ 
band nor do they authorize suits between 
husband and wife. The note of a husband 
to his wife for money borrowed would 
be of no value to the wife, therefore. To 
secure the wife properly, the husband, on 
borrowing money from her, should act 
through a third party. He can transfer 
to a third person sufficient of his prop¬ 
erty to cover the loan, and the third 
party can, in turn, transfer it to his wife. 
In this way she would be absolutely pro¬ 
tected. 
Altering Water Course. 
I have a lot containing about 12 acres, 
that has a small stream of water running 
through it a good part of the year, and the 
town turns'in a drain from highway also. 
The lot has a road on west side, and also on 
south side, the brook running under the 
south road when there is water in it. Have 
I right to turn tlie water out in the gutter 
of the west road, and let it follow the gutter 
around to where the brook goes uuder the 
south road? b. h. g. 
Connecticut. 
The owner of the 12 acres through 
which the brook flows can divert its 
course through his own property in any 
way he sees fit, provided the water is 
returned to the point where it now leaves 
his property, and the volume of the flow 
is not materially decreased. Ordinarily 
the owner of the land adjoining a high 
way owns the fee of the road to the cen¬ 
ter thereof, and may use it in any way 
that is n<5t inconsistent with its use as a 
highway. If by turning the water into 
the gutter of the highway any obstruc 
tion or inconvenience would result to the 
public in using the road, then such ac¬ 
tion would not be permissible. If, how¬ 
ever, the road is of such width and the 
gutter so far removed from the traveled 
way as to detract nothing from its use as 
a highway, we think the brook might be 
diverted into the gutter. This is largely 
a question of fact depending upon the 
circumstances, and would probably be de¬ 
termined largely by the view of the public 
authorities. There -is nothing, however, 
to prevent the owner from running the 
brook along the boundary of the road 
just within the fence line. 
Pollution of Brook. 
Washings of paved streets And sewage 
from an incorporated village, have polluted 
a stream, or ditch which passes through 17 
farms. Said stream was formerly a spring 
brook and is now inadequate to drain more 
than adjacent fields. The farmers wish 
stream in its original purity. AYhat mode of 
procedure would you advise? c. f. c. 
Hamburg, N. Y. 
The village authorities are not entitled 
to pollute a stream flowing through pri¬ 
vate property by turning into it sew¬ 
age and other refuse. The persons 
through whose lands the stream flows will 
be protected by an injunction of the court 
forbidding such pollution, and may also 
recover any damages that may have been 
sustained in the past by reason of it. The 
injunction can be procured in an action 
brought by one of the iniured owners 
against the village, in which the bill of 
complaint should set forth the facts, 
showing the existence of the stream and 
its pollution by the acts of the authori¬ 
ties. The plaintiff in the action should 
ask for a permanent injunction forbidding 
the continuance of the nuisance, and for 
the damages resulting from the past 
wrongful acts of the authorities. 
Maintaining a Road Fence. 
In this part of the State there are not more 
Ilian half of the farmers who have road 
fences; some do and some do not. I have a 
neighbor joining me on one side, with the 
public highway betw-een us, and out of spite 
he wants to make me put up a road fence 
around my farm. He claims he can force 
me to do it by first fencing his own. Can 
he? A. 
As we understand this question, A’s 
land is separated from his neighbor’s by 
a public highway. That being so, the 
neighbor cannot compel A to fence his 
land along the highway. Even where 
lands adjoin, one of the owners may re¬ 
fuse to erect and maintain a fence. In 
such case, however, if his neighbor calls 
upon him to erect his share of the divi¬ 
sion fence, and he fails to do so, he can 
recover no damages from his neighbor by 
reason of cattle entering his lands from 
his neighbor’s property where they law¬ 
fully may be, and he is liable for any 
damage to his neighbor that may result 
from animals straying from his premises 
on to his neighbor’s land. If a man is 
willing to take this risk, he cannot be 
compelled to maintain fences in any case. 
Nine Tools in One 
1 Wire Stretcher, 2 Wire Cutters, 
3 Staple Pullers, 2 Hammers, 
1 Wire Splicer. 
BLACK BULL 
the handiest tool ever made for 
the man on the farm. Pays for Itself in one month. 
SEE WliAT THIS MAN SAYS: 
Dear Sir: Joplin. Mo. 
I think your Black Bull combination tool is the great¬ 
est all around farm and fence tool I have ever used 
J. D. MORRISON. 
Ask your hardware dealer to show you Black Bull 
tool. If your dealer doesn’t carry the Black Bull, we 
will send it post paid to any address on receipt of 
*1.26. Address 
UTICA DROP FORGE & TOOL CO., 
81 CENESEE ST., UTICA, N. Y. 
THE TOWNSEND 
WIRE STRETCHER 
is the most easily attached or de¬ 
tached of any implement made. 
Stretches to the last post as well as 
to any. Steel grips that never slip. 
Can be got at any Hardware store. 
Write tor circulars. Satisfaction 
guaranteed. 
F. G. TOWNSEND, 
Painted Post, New York. 
ORNAMENTAL FENCE 
at an economical price. 
Handsome designs; strong 
and durable. 
Write for catalogue “D.” 
ANCHOR FENCE & 
MFG. CO., Cleveland, Ohio. 
What everybody needs 
A Strong Iron Gate 
At Price of Wood. 
Any length made to order. 
We make a specialty of 
FARM AND LAWN FENCING. Agents Wanted. 
We sell at Agents price where we have none. 
Challenge Fence Co., Union Deposit, Pa. 
— 
if 
— 
— 
— 
— 
— 
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- 
=■“)) 
If You 
Want a 
FENCE 
That is Horse High, Bull Strong, 
Pig and Chicken tight 
That is made from the best High 
Carbon Steel Wire 
That is heavily Galvanized to pre¬ 
vent rust or corrosion 
That is Coiled to provide for con¬ 
traction and expansion 
That you can buy direct from us 
at Wholesale Prices with 
Freight Prepaid 
To Your Station 
That you can examine and order 
returned if displeased 
That you can erect and use for 30 
days and return at our freight 
expense if unsatisfactory and 
get your money, write forour 
New Catalogue telling how Wire 
is made, how it is Galvanized 
and why some Wire is good 
and some is bad. It is FREE. 
Write for it to-day. Address, 
KITSELMAN BROTHERS, 
Box 230 MUNCIE. INDIANA. 
RUBEROID 
trape mark 
.isreneo 
OOFING 
STANDARD 
Ruberoid was the first elastic, weather-proof roof- 
ing made, and to-day there is more of it in use than 
of any other prepared material. The combination of 
ingredients used in the manufacture of Ruberoid Roof¬ 
ing is owned and patented exclusively by us. No one else 
ever has made or can make Ruberoid Roofing. We are its 
sole manufacturers. To protect you against imposition by 
unscrupulous wou'd-be imitators, wo stamp the registered 
trade-mark “R UBEROID’ on the under side, every 
four feet. If you take any other, you do so at join- 
own r.sk. Ruberoid Roofing is the only prepared roofing 
which outlasts metal and shingles. Costs much less 
Weather-proof ai.d fire-resisting. Your farmhand 
can apply it. Complete directions, nails, tin caps and our 
Ruberme Cement with every roll, bend for samples 
and Booklet K. 
The Standard Paint Co. 
Sole Manufacturers 
100 William St., New York, 
Heavy Farm Fencing 
The only heavy woven wire fence made In 
the factory ready to stretch. All other heavy 
fences are built In the field. Patent galvan¬ 
ized clamp makes a perfect joint. Can not 
rust or slip. So twisted, strained wires or 
weak uprights. Easily stretched. Cheapest 
because it lasts a lifetime. Get our free 
catalog. 
The Boley Wire Fence Co., Sandusky, Ohio. 
(|A.OO For A 
IOmaghine 
That will weave fence at 
cost of wire only. Saves 
money. *25 buys enough 
Coiled Hard Steel Wire 
for 100 iodsof fence. Agents 
wanted. Catalogue free. 
CAKTEll WIPE FENCE 
MACHINE CO. 
Box 225 Mt. Sterling, Ohio 
lBBOUM8S&S?. 
^Heaviest Fence Made. All No. 9 Steel Wire I 
k . 15 to 35 CENTS PER ROD DELIVERED 
We also sell direct to fanners atwholesale prices,, 
I Coiled Spring. Barb and Soft Galvanized Wire. 
, Write for Fence Book showing no styles. 
‘ JHE BROWN FENCE & WIRE CO. 
Cleveland. Ohio 
§teel Posts That Stand the Test 
It Is well there are people who like to " 
experiment with new things; the aver¬ 
age farmer gets the benefit of their experi¬ 
ence. If a new fruit or post Is popular after 
ten years—it is safe. That Is just the time 
our posts have been tested, and sales ln-=^j 
creasing steadily. Where we have no agents, 
we sell direct. 
BOND STEEL POST COMPANY, 
Adrian, Michigan. 
UNION LOCK POULTRY FENCE 
A Fence—Not a Netting 
An unique combination of strength, econ- 
omy, utility and durability. 
We make the wire from highest quality 
material, g alvanize it heavily with new prime 
western sp iter and weave into fence. 
The cables are two steel wires twisted 
together; the pickets are single wires tightly 
looked where they cross cables by the pat¬ 
ented “Union Lock.” 
The mesh. \\i x 3 at bottom and gradually 
increasing to 4 x 3 at the top, successfully 
prevents escap; of chickens, small or large. 
No top rail or bottom boards tequired, and 
less than the usual number of posts. 
T. stimonials prove that the Union Lock 
Fence wears better and longertban any other 
fence or netting and is more satisfactory. 
Catalogue D and 
the handsome new 
edition of our hook- 
lot “A Short Story 
for Poultry Rais¬ 
ers” mailed free on 
application. 
The newehapters 
—The Profit of 
Poultry Raising— 
The Most Popular 
Varieties of Fowl— Feeding— Hatching and 
Raising of Chickens — Housing — Fencing—were 
written by recognized authorities, are instructive, 
valuable, practical and interesting. 
Union Fence Company, 
114 Liberty Street, New York City. 
MILLS AT 
New- Haven, Conn.; DeKalb, Ill.; Oakland,Cal. 
ALL 
BEAUTY 
ADMIRE 
FROST 
BEST^ 
^CHEAPEST 
strength and substantiality. These requisites are 
necessary in fencing and gates if satisfaction is 
desired. The ‘‘FROST” contains all these essentials. 
Catalogue free. 
THE FROST WIRE FENCE CO., Cleveland, Ohio. 
Fencing 
;;U 
mm 
: V 
St*' 
pi 
Factory Net Price List. 
As it Looks When Erected. 
Regular. 
19 & 20 Wire. 
24 inch per rod, ® 
36 “ “ “ 
48 “ “ “ 
60 “ “ “ 
72 “ “ “ 
84 “ “ “ 
Extra Heavy 
No. 17 Wire. 
.28 
24 inch, 
$ .48 
.35 
36 “ 
.59 
.42 
48 “ 
.70 
.48 
60 “ 
.85 
.54 
72 “ 
.93 
.60 
84 “ 
1.00 
for any number of rods or rolls. 
This fence is put up in 10 and 20 rod rolls. ,, D accept oruers 
and pay freight on orders for S10. or over almost everywhere. We have poultry yard gates 
covered with this fence. They open both ways; are very convenient, durable and siglitlv. 
Price list free. For more than five years we have been selling Union Lock Poultry and Fieid 
Fence to farmers and poultrymen. They prize it for many reasons. It is 
The Fence That Does Not Sag. 
It stretches perfectly and fits uneven ground. It is easily erected. Its horizontal cable wires 
make it strong enough to turn all stock, while its 1% inch meshing at the bottom keeps in the 
little chicks. Extremes of heat and cold do not affect it, it adjusts for all temperatures It is sold 
at farmers’ prices. 
WE MAKE PROMPT SHIPMENTS. For this purpose we maintain mills in both Con¬ 
necticut and Illinois. We ship from nearest mill. Send in your order now and be ready for an 
early spring. Catalog of Farm, Poultry and Lawn fence free. Write for it. 
CASE BROTHERS, 11 MAIN STREET, COLCHESTER, CONNECTICUT. 
f 
