1966. 
TALKS WITH A LAWYER. 
Keeping Ditch Open. 
I think I saw iu The R. N.-Y. in the “Hope 
Farm Notes” that a man must keep open a 
ditch that opens on his land. Can you give 
me the authority for that? Is it a law in 
New York or New Jersey? I have talked with 
a lawyer here, and he says that the man can 
obstruct the flow unless it is the natural out¬ 
let or permission has been given for the 
ditch. We have three lots containing about. 
20 acres that are ditched into open ditches; 
these flow into another man's lot. join and 
continue thence to a creek. We have tiled 
one and done considerable ditching this Fall. 
We shall tile the other in the Spring. Can 
the adjoining owner be compelled to keep the 
openings clear? We clean them out every 
Fall and Spring, and it is a costly job. He 
pastures the land a good deal, and it fills the 
ditches. The ditches benefit him as much as 
us, but he does not see it. If we did not 
clean out those ditches we should have 20 
acres each of swamp; as it is we have 20 
acres of corn and oat ground, and he 20 of 
grass land. If it can be done I would like 
to make him do it. We have been good neigh¬ 
bors to him, and helped him considerably. He 
is very arrogant, and if you say' anything, 
he says: “What are you going to do about it?” 
He is a member of the real estate trust of 
the city, and tries to sell the land, saying 
that he ditched out that old swamp lot and 
made a meadow of it, while in fact he never 
spent a cent on it; we did it. I don’t like 
that phase of it. Could you give me the 
chapter of laws? We have done lots of ditch¬ 
ing, changing an old rundown water-logged 
farm, part of it an unused brickyard, into a 
paying farm. b. 
New York. 
Chapter 433 of the Laws of New York 
for 1904, meets the situation presented by 
you. It provides a method to compel an 
owner through whose lands regularly con¬ 
structed ditches run to keep them open. 
The adjoining owner whose lands are 
damaged by the failure to keep the ditch 
open, by taking the steps provided in the 
act, can throw the expense on his churlish 
neighbor. We have considerable doubts 
as to the constitutionality of the act, how¬ 
ever, and advise your attorney to examine 
the case of Matter of Tuthill, 163 N. Y. 
133. 
Obscure Boundaries. 
A river runs between my farm and the farm 
adjoining, which is shallow enough to be ford¬ 
able. This stream is swift, and has changed 
its course frecpiently enough to make several 
acres on my side of the river which presum¬ 
ably were originally on the other side. How 
am I to find out the line between the two 
farms? Some tell me the river is not the 
line; and I can find no reason for supposing 
that the river is the line of demarcation. A 
surveyor was employed, and he reported that 
he could not find the boundary. Can jou 
advise me what to do under these circum¬ 
stances? The fact that the line is undeter¬ 
mined might become the source of hard feel¬ 
ing between the owners of the land, but the 
disputed area is not of very great value, be¬ 
ing largely overgrown with trees and bushes. 
Vermont. F. P. w. 
We know of no way to locate the boun¬ 
dary line between the two farms, other 
than by an examination of the title there¬ 
to. The descriptions contained in the 
deeds should give sufficient details to en¬ 
able you to find the boundary. The deeds 
ought to determine, if you go back far 
enough, whether the river is the boundary 
line or not. 
Division of Married Woman's Property 
If no will is made by the wife, and she 
has property, what disposal is made of it 
among husband and children in case of her 
death in New York State? o. b. s. 
New York. 
If a married woman dies without leav¬ 
ing a will, and leaving a husband and chil¬ 
dren surviving, her personal property will 
be divided one-third to her husband, and 
the residue in equal portions among her 
children, and such persons as legally rep¬ 
resent any deceased child (Code Civil 
Procedure, Section 2732, 2734). The hus¬ 
band will also be entitled to a life estate 
in all real estate left by his wife, under 
the circumstances put. 
Patent Law. 
I would like to ask your lawyer what are 
the specifications of patent law. Can a per 
son make or have made any machine that 
may resemble a patented article, but differ 
ing in some respects, for his own use ex¬ 
clusively, and make no duplicates? 
INQUIRER. 
The term “specification,” as used in 
patent law, means a detailed description 
of the invention, and of the manner and 
process of making and using it. A per¬ 
son may infringe a patent by merely using 
the machine without authority; or by 
making it without authority. Whether 
an infringement is committed in the case 
depends upon how far the two machines 
differ. 
THE RURAL NEW-YORKER. 
125 
$1 
mailed to TAK-A-NAP folks, 
Darby, Pa., will bring you a 
SPRAY PUMP and sufficient Tak¬ 
a-Nap Soft Naphtha Soap to 
make 160 Gallons of Kerosene 
Emulsion WITHOUT HEAT. 
Best for San Jose scale. Vegetable 
Lice, Etc. 
Strawberry 
I Ott 
Plants. 
■i MONEY MAKERS: I Others that are Good: 
Excelsior, Bubach, Par- | Dunlap, Brandywine, 
son’s Beauty,Gandy. $1.15 I Tennessee. Sample and 
per 10U0. Circulars FREE. | others $1.50 per 1000. 
No better plants offered. WM. PERRY, Cool Spring, Delaware. 
The CARDINAL Strawberry 
and other new varieties, together with many of the 
old reliable sorts, described in the catalog of M. 
CRAWFORD CO., Cuyahoga Falls, Ohio. Sent Free. 
Grapevines, 
Small Fruits, Roses, etc.; best varie¬ 
ties, first stock. Price list free. 
J. H. TBYON, Willoughby, O. 
TTENTION, FARMERS AND DAIRYMEN! 
- - Send for samples of my new early ensilage 
corn, large fodder; early corn in ear; also im¬ 
proved Learning. Free samples. 
J. E. BABER, Afton, Va. 
1 and 2 year. Giant Ar- 
Asparagus Roots genteuil. Palmetto and 
French. West Jersey Nursery, Bridgeton ,N.J. 
Eldorado Oats 
Outyield all others. 204 bu. have been grown on one 
acre. Seed Potatoes: all leading varieties. Write 
for price Ust. CHAS. CODNER, Owego, N. Y. 
mnn Qu Big Four Seed Oats, 50c. per bu. lots of 
IUUU BU« iobu. or over. Early Wh. Cap Seed Corn, 
$1 bu.; cash with order. J. S. Tilton, Norwalk, O. 
GRAND NEW POTATO 
Originated in Northern Michigan; a rank grower and 
free fiom disease; grown in and named after the 
greatest potato county in State; the Montcalm is 
sure to be one of the great money makers for the po¬ 
tato raisers. It’s a great yiehler on light soil, this sea¬ 
son yielding from 10 to 25 Big Marketable Tubers to 
the Hill on light sand; whUe Rural, Carman and 
others were dying with the blight, over the fence, 
Montcalm vines were dark green and waist high, as 
near bug proof as possible; color white, shape oblong, 
season second early; table quality the best, We want 
you Bro. Farmers, to get a start in this great potato, 
and will fill all orders as long as seed lasts, at50c. per 
lb., $1.00 peck, $3.00 bushel. Order now as seed stock 
is limited. E. R. DUNLAP & SONS, R. F. D. No. 16, 
Belding, Mich. 
1906 
BOOK 
FREE 
Farmers and Fruit-growers everywhere ere 
greatly pleased with the Spramotorl 
With it they have doubled the yield from 
their orchards, banished wild mustard from their 
Gelds, made potato growing very profitable, kept 
their barns and buildings neatly painted—all with 
a minimum of labor. 
86-page treatise R. free! Agents wanted! 
SPRAMOTOR CO., 
BUFFALO, N. Y. LONDON, ONT. 
Worth 
its weight in 
GOLD. 
NORTHERN GROWN 
Seed Potatoes 
direct from the grower to you at bedrock prices. All 
the standard kinds. Over 25,000 bushels still on hand 
in our frost proof warehouses. Send for FREE 
Catalog, the handsomest Farm Seed Book of the 
year, describing our new and valuable varieties of 
Potatoes, Corn, Oats, etc. Special low quotations on 
quantities. EDWARD E. DIBBLE, Seetl- 
grovver, Honeoye Falls, N, Y. Box C. 
The Book that beats them all because.it tells 
how big crops of big fancy strawberries can 
be grown every year and how to pick and pack them for 
big prices. It keeps Experienced Growers posted on 
new discoveries in plant breeding and latest cultural 
methods. It takes beginners through a complete 
course of instruction; tells just when and how to do 
everything to get Big Results, and how to start a 
Profitable Berry Farm with little capital. Beautifully 
illustrated with photo-engravings. Don’t order your 
plants until you read this book. It is free. 
R. M. KELLOGG CO., Box 480.Three Rivers,Mich. 
STRAWBERRIES 
22 best varieties including Cardinal and Common¬ 
wealth. Plants strong and healthy. Free catalog 
of all best kinds of Berry Plants, Trees, Seeds, 
Bulbs, etc. Tells of The Ford Plan, which saves 
you money and guarantees satisfaction. Write. 
Ford Seed Co., Dept. 24, Ravenna, Ohio 
Double your money. Cfwou/fipmpc 
Tremendous crops of iwtrnfwiic* * 
on the same soil year after year. Build up the old beds. 
Send for the system free. T. C. Kevitt, Athenia. N. J. 
Strawberries 
Grown by the pedigree sys¬ 
tem. Biggest and Best 
Berries, and lots of them. 
$2.00 a 1,000 
and Upwards. 
Strawberry plants by the 
1,000,000, Raspberries, 
Blackberries, Gooseberries, 
, Currants, Grapes. All the 
good old and many choice new 
varieties. Illustrated, descrip- 
r tive catalogue giving prices and 
r telling how to plant aDd grow them. 
Free to all. For 30 years a small fruit 
specialist. 250 acres in berries. 
J. T. Lovett, Little Silver, N. J. 
Two Million 
Strawberry Plants 
Every one of them good honest plants with 
an abundance of branching rootlets. Good 
big crowns. Free from disease and in 
the most thrifty growing condition. Guar¬ 
anteed true to name and variety. No other 
grower can produce anything better. Our 
Strawberry Catalogue 
contains 20 pages of matter devoted exclusively 
to strawberries. Gives good, straightforward 
and honest descriptions of the 45 varieties we 
grow. Tells just what each has done in fruiting 
here on our own farm. 
PRICE SI. 75 to S2.50 per Thousand. Dis¬ 
counts for larger quantities. Write tor free cata¬ 
log today. It’s sure to make and save you money. 
J. W JONES & SON, BOX 26 ALLEN, MD. 
Most Extensive Grower of 
Crape Vines 
B in America 
Intro- r CAMPBELL’S EARLY The Best Grape 
ducer < JOSSELYN - - The Best Gooseberry 
of (FAY ...... The Best Currant 
Small Fruits. Catalogue Free. 
GEO. S. JOSSELYN, Frcdonia, N. Y. 
KNIGHT’S FRUIT PLANTS . 
Do you want the best Strawberries, Raspberries, 
Blackberries, etc.? WE HAVE THEM. A large 
stock of all the money-making varieties at a reason¬ 
able price. It will pay you to send for our catalog. „ 
DAVID KNIGHT & SON, Sawyer, Mich. 
Strawberry Plants 
Virginia and Chesapeake, winners of$100 GOLD PRIZE 
offers; also Cardinal, Commonwealth, North Shore, Oaks 
Early, New York, Glen Mary, Stevens Champion, and 00 
others; best list, good stock, fair prices. Dewberries: Lu- 
cretiaand Austins. 
Full line best new and standard old vari- 
O €C CL»S eties GARDEN, FIELD and FLOWER 
SEEDS. New 80 Page Catalogue Free. It tells about 
good plants and seeds and where to get them. Send now to 
W. F. ALLEN, Dept. 17, SALISBURY, MD. 
M c CLURE’S 
MAGAZINE 
AUGUST 1905. 
Take McClure’s Magazine 
All Winter 
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You know it by heart—the story of Lincoln’s 
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The country lads and lasses who emerge into the world to be 
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At the end of that time, if you like it —if you have decided that 
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McCLURE’S MAGAZINE, New York City 
Name 
EDITOR McCLURE’S MAGAZINE, COUPON 
New York City. 
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