1000. 
THE RURAL NEW-YORKER 
371 
TALKS WITH A LAWYER. 
Widow’s Share in New Hampshire. 
If no will is made by husband, who leaves 
wife and children, what is the wife’s inter¬ 
ests under the laws of New Hampshire, prop¬ 
erty consisting of farm and equipment, wood¬ 
land and money in bank? c. p. s. 
New Hampshire. 
Under the laws of New Hampshire the 
widow is entitled to the following inter¬ 
ests in the estate left by her husband, 
who dies without leaving a will. 1. Her 
dower right in the real estate left by him, 
which consists of a life interest in one- 
third of such real estate. 2. One-third 
part of all of his personal estate of every 
kind, provided he leaves issue surviving 
him. and if no issue survives then one- 
half part thereof. The children take the 
real estate as heirs of the husband, sub¬ 
ject to the dower interest of the widow. 
And the children take the other two- 
thirds of the personal estate, which in¬ 
cludes the farm equipment and money in 
bank referred to. 
Lawful Fence in New York. 
What constitutes a lawful farm fence? I 
keep sheep, my adjoining neighbors do not, 
and refuse to build a tight fence on the 
ground that they “are not in the sheep busi¬ 
ness” themselves. One turns his pasture, 
which adjoins mine, to commons, so he says; 
he doesn’t occupy it, apparently. He builds 
no fence on bis part of the division. All 
other fences are two or four strand barbed 
wire, mostly in poor condition. Must 1 build 
all the fence? If not, what procedure is 
available? a. r. l. b. 
Under the laws of New York an owner 
cannot be compelled to maintain fences 
along his land, if he is willing to take the 
risk of damage suffered by his neighbor’s 
cattle straying upon his premises. One 
owner may call upon the adjoining owner 
to join in the erection of a division fence, 
and if the adjoining owner fails so to do 
he can recover no damage against his 
neighbor by reason of cattle entering his 
lands from his ^ighbor’s property, and he 
is liable for any damage to his neighbor 
that may result from animals straying 
from his premises to the neighbor’s lands. 
Your question does not indicate in what 
State your lands lie. and therefore we 
have given you the laws of New York 
on the subject. 
Pennsylvania Fences. 
A tract of land is laid out in town lots; 
only a few lots have been sold, so the re¬ 
maining lots are In my possession. One of 
the owners of lots has a cow which he pro¬ 
poses to allow to run at large for the pas 
ture. He says if I (the owner of the vacant 
lots) am to pasture them I must fence them 
in. I purposed to have a boy herd our cows 
while there on pasture so as not to trespass 
on lots sold. Please state the law of Penn¬ 
sylvania with reference to fencing—that is 
the fence law. j. a. t. 
The Pennsylvania laws of 1905, Act No 
118, gives the law as to fencing in Penn¬ 
sylvania. Briefly, it provides that own¬ 
ers of improved and occupied land shall 
erect and maintain an equal part of all 
line fences between them; that if any 
owner fails to erect or maintain his share 
of the fences, the other party may invoke 
the township borough auditors, who shall 
examine the fences and determine accord¬ 
ing to the necessities of the case. The 
borough auditors report their finding to a 
justice, who shall notify the delinquent 
owner and direct the erection of the fences 
within 40 days. If the justice’s direction 
is not complied with, the fences may be 
erected at the cost of the delinquent 
owner. 
Working Farm on Shares. 
A takes a farm from B to work on shares. 
B is to furnish everything and A is to do 
all the work, for which he is to have one- 
third of the milk check. The grain is all 
to be fed on the place, the thrashing is done 
with a hired machine. Whose place is it to 
pay for thrashing, or in other words, is the 
machine work or expense? h. d. 
New York. 
It is not possible to give a very definite 
answer to your question, because the facts 
are not fully stated. It all depends upon 
the exact language of the contract made 
between A and B. If A is to do all the 
farm work, it would seem that this would 
include the thrashing of grain, which is, 
of course, common farm work. If B, in¬ 
stead of doing it himself, has it done by a 
hired machine, we think the cost must 
be charged to him. Of course if A hired 
the machine and sent it to the farm to do 
the work without any request by B the 
case might perhaps be different. 
More Fence Questions. 
The remains of an old stone fence replaced 
by a post and rail fence are left as a har¬ 
bor for trash, being piled between the posts, 
extending two feet or more over the line. 
Supposing the adjoining owner claims the 
other party has occasionally thrown stones 
more or less into the fence line, what effect 
would this have? To what extent can it be 
claimed as a contribution to the nuisance? 
Supposing a city lot is fenced and the ad¬ 
joining owner erects the fence all on his 
side, thus leaving a few inches to the ad¬ 
joining owner, to what exteut can this estab¬ 
lish an adverse title or a waiver of rights? 
Supposing an adjoining owner raises such 
crops or allows morning-glories or some other 
seed or roots to grow on his land and work 
through to the adjoining owner, and thus 
to his damage, what, if any remedy, has he? 
Connecticut. h. p. n. 
No person has a right to throw stones 
or rubbish upon the lands of another. 
To do so constitutes a technical trespass. 
If the rail fence is sufficient each owner 
may clear up his land of stones and rub¬ 
bish. If either owner thereafter throws 
rubbish on the other land he can be held 
responsible, as in case of other injuries. 
It is merely a question of what damages 
is suffered thereby. If the fence on a 
city lot is not exactly on the boundary line, 
a question of adverse possession will arise. 
That portion of the land thrown into the 
adjoining owner’s lot could be claimed to 
be possessed by him adversely to its real 
owner. If this continued long enough it 
might ripen into a good title. We think 
a land owner must protect his land from 
seeds or roots which work through from 
the adjoining land. Ordinarily it would 
be a natural characteristic with certain 
crops planted along the boundary line to 
grow over on to the adjoining land. The 
adjoining owner may of course cut them 
out of his land, but beyond this, it would 
seem, except in a most extraordinary case, 
you would have no remedy. 
POLE OR TONGUE FOR DISK 
HARROW. 
Geo. M. Clark says he is asked why a 
beam or tongue cannot be used on a disk 
harrow as well as a long pole. He says 
that unless a pole is used the horses will 
get back upon the disk and have their 
heels cut up. The pole holds the harrow 
true in the soil. In orchards an extension 
is used to work under the trees. With 
no pole to hold the harrow in place it 
would zigzag along the field, striking trees 
and horses at random. A single plow will 
work with a short beam, but a disk must 
be held in the ground. 
When you write advertisers mention The 
II. N.-Y. and you'll get a quick reply and 
“a square deal.” See guarantee, page 14. 
AIN 
iiiiimiiiiiiiiiimiii 
SIDE DELIVERY 
™ , „ HAY AND 
The only rake that will nr*u n 11/ r 
successfully handle £JfcAP« flAUC. 
the bean crop and work equally well both in 
hay and beans. It delivers the hay or 
vinos in loose continuous windrows where 
the sun and wind can penetrate and cure 
the crop evenly. Only one simple adjust¬ 
ment to change from one crop to the 
other—done in two minutes. 
THE DAIN HAY AND BEAN RAKE 
has three sets of slowly revolving teeth— 
does not whip nor thresh the hay or shell 
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another “Dain” tool that is a great labor 
and money saver. One man with team can 
do more work than ten men with forks— 
will pay for itself in one season and last a 
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Write for circular describing in full. Don’t 
buy a rake until you get it. 
DAIN MANUFACTURING CO., 
Ottumwa, Iowa. 
There 
is 
Wo Other 
KEMP 
FEED YOUR 
HUNGRY 
LAND / 
It’s not getting 
enough plant nourish¬ 
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fork method. The 20th Century method 
puts the fertilizing ingredients just where 
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get more profit. Do it with 
KEMP’S 
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the newest, latest machine—the product of 31 years of uninter¬ 
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THE J. S. KEMP MANUFACTURING CO., 
Newark Valley, N. Y. Waterloo, Iowa. 
7 
Use thisjfVmerican Manure Spreader 
TO PROVE ALL THE CLAIMS WE MAKE FDR IT 
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We find out just what it means to 
countless farmers to own a Manure 
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every bit of manure put on their land. 
The American Manure Spreader will 
do this because it breaks up and pulver¬ 
izes all the manure so that it mixes 
readily with the soil. It distributes 
evenly. Every square foot of land gets 
its share. This means a good crop all 
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"skinned" places in a field manured 
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But we don’t ask you to take any 
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Address at once— 
AMERICAN HARROW CO., 1633 Hastings St. Detroit, Mich. 
