62 
T1IH RURAL NEW-YORKER 
January 26, 
TALKS WITH A LAWYER. 
Maintenance of Line Fence. 
What is the law in New York State re¬ 
garding the building and maintenance of 
fences under the following circumstances: 
I have a line about 120 rods bounding land 
which is of no use to me as pasture, and on 
which 1 have a fence of 60 rods, but falling 
into disrepair; the other 60 rods has no 
fence whatever. 'Hie land adjoining my 60- 
rod fence (on the other side of the fence) 
is* used as a cattle pasture by my neighbor. 
His cattle have broken through the fence and 
done damage. My neighbor now insists that 
I repair the damaged fence to keep his cattle 
in, although he refuses to build the other 
half of this fence to complete the full fence 
of 120 rods. Under these circumstances 
am I justified by law In refusing to comply 
with his demand? o. s. 
New York. 
The matter of division fences is so im¬ 
portant that a great deal of attention has 
been given to framing statutes which shall 
be just and equitable to all parties. The 
law of New York specifies that “each 
owner of two adjoining tracts of land 
shall make and maintain a just and equit¬ 
able portion of the division fence between 
such lands, unless one or both shall choose 
to let his land lie open to the use of all.” 
In case of dispute the matter is referred 
to the fence viewers who have power to 
settle any difference and effect a remedy. 
If you and your neighbor can’t agree you 
would best call in the fence viewers and 
effect a final settlement. If you can settle 
the difference among yourselves you will 
save some expense. 
Husband's Rights in Deceased Wife's 
Property. 
A widower married a widow with one 
child. She has real estate and personal 
property. They have no family by the union. 
At her death what would belong to the 
husband, if anything, according to Michigan 
law? H. H. 
In Michigan the case of a married wo¬ 
man, dying without will, leaving one child 
and no issue of any deceased child, her 
real estate descends to the child, the hus¬ 
band having no interest whatever in it. 
Her personal property will be distributed 
one-half to the child and one-half to the 
husband. These matters are governed 
wholly by statute law, and differ in the 
various States. 
Protection for Straying Dogs. 
A keeps a dog on which lie pays the tax. 
A‘s dog strays on the premises of B with¬ 
out collar or muzzle, B kills the dog. Can 
A recover from B the value of the dog? 
New York. m. h. w. 
While it is well established in New 
York that dogs are property, they are not 
accorded the same protection given to live 
stock. The license is exacted to protect 
the public, rather than to give special 
rights to the owner of the dog. The court 
held, more than 60 years ago, that a need¬ 
less and wanton destruction of a dog would 
be unjustifiable, and that the owner might 
recover its value. If, however, a dog, 
with the owner’s knowledge, becomes a 
nuisance, or destroys property, the person 
on whose property lie was trespassing 
would be justified, when all other means 
failed, in killing it while on his premises. 
No criminal action would lie for killing a 
dog. In civil actions to recover the value 
of the dog, the defence must prove that 
the dog was a nuisance, that the owner 
had notice, and that all other means had 
been tried to abate it. You will sec that 
the answer to your question can only be 
given when all the facts are known. 
Protection Against Destructive Birds. 
Has the farmer any right to kill pheasants 
and robins that are destroying crops? If 
not, what redress have we? w. h. c. 
New York. 
' One of the elementary principles on 
which our laws are founded provides that 
a man shall have a right to acquire and 
protect his property. If a statute aims to 
protect certain animals it must not do so 
at the expense of your personal property. 
If, in order to protect your property, it is 
necessary' to kill such animals, you have 
the right. If dogs or cats come on to 
your property and disturb you, drive them 
off; if that is not effectual, you may kill 
them while they are on your premises. If 
a dog chases your sheep, you have a right 
to kill him. Tf hens destroy or attempt to 
destroy your property, drive them off, 
notify the owner; as a last resort, you 
have a right to shoot them while they are 
trespassing on your property. Of course, 
civil damages would lie for waste com¬ 
mitted by such animals, but this is a slow 
and expensive remedy. 
R. N.-Y.—The laws governing such 
cases vary, however, in different States. 
In New Jersey it costs $25 to shoot 
a robin, no matter how much dam¬ 
age it may be doing. If rabbits are de¬ 
structive (they often do great damage to 
florists’ and nurserymen’s stock) the in¬ 
jured party may send a certified statement 
to the game warden and from him receive 
permission to set box traps, which will not 
injure the rabbit; any rabbits caught must 
be shipped alive and uninjured to the 
game warden, carriage prepaid, and the 
warden then releases them where he wishes. 
Other than this, rabbits cannot be legally 
trapped in New Jersey, though they may 
be shot during the open season. 
Obstructing the Highway. 
What is the law in Connecticut in regard 
to obstructing the highway, and the penalty 
on conviction? Is not the laying of rail¬ 
way ties along one side of the highway 
jutting or reaching into the road 8 or 10 
feet obstructing the highway in a legal sense? 
Connecticut. h. s. h. 
Anyone who shall obstruct the highway, 
in Connecticut, shall be liable to a fine of 
not more than $7. Should any damage 
result therefrom, the township would be 
liable. Just what would be such an ob¬ 
struction would be a question for a jury. 
Such facts as you set forth would undoubt¬ 
edly be an obstruction. 
Opening a Road in Pennsylvania. 
I have a piece of land that lies about 
60 rods from my main farm; there is no 
public road near it. The man owning the 
farm between my two places will neither 
sell nor rent a road to me. IIow would I 
proceed to get a road to It, and bow much 
would the cost be, his land being assessed 
at $60 an acre, as I would (ake a road at 
the edge of ids farm and not cross it? 
Erie Co., Pa. w. N. it. 
The laws of Pennsylvania give the Road 
Commissioners of Erie County power to 
open roads from the dwelling or plantation 
lo a highway, when such road is a neces¬ 
sity. You should at once apply to these 
commissioners, requesting them to act. 
The cost and the assessment of the same 
will he determined by a jury, and cannot 
be stated in advance. 
PLAN FOR SANITARY BARN. 
On page 59 will be found drawings 
showing the arrangement of the barn 
owned by Dr. Santee, mentioned in the 
articles on “A Pound of Blitter.” These 
drawings show the diameter and the ar¬ 
rangement of dairy room and silo. There 
is a wall between the dairy room and 
cow stable—milk being carried outside 
and through the engine room. As stated 
in the articles, the object in building this 
barn was to avoid dampness, bad smells 
and dust. There is no woodwork—the 
floors and walls being made of concrete, 
the stall partitions and tie-ups of metal 
and the ceiling of steel. A feature of this 
barn which we have pointed out is the 
ventilation by means of muslin on win¬ 
dows in place of glass. 
PREMATURE GROWTH OF BUDS. 
Evidently those apple trees of your Michi¬ 
gan reader are in a very thrifty, growing, 
condition, and should have been budded later 
In the season if he wished the buds to re¬ 
main dormant. However, I do not think 
they will need “saving,” as I have never 
known premature huds to be entirely winter- 
killed here, and I believe they will go through 
the Winter all right, in Michigan. It has 
been my practice for years to top-work new 
varieties of Japanese (Triflora) plums on 
Marianna stock in June and July, and forc¬ 
ing the buds into growth the same season. 
This I do so for the purpose of avoiding the 
troublesome task of supporting the buds 
against loss by wind and birds. I have 
found that buds grown in this way require 
no tying up the next season, and I have never 
known any to tie winter-killed. Sometimes 
though rarely, they are frozen back some. 
If in the latitude of the Michigan reader the 
Immature or late growths of the apple do 
not winter-kill then bis buds will be all right 
next Spring. If not then re-bud as late in 
the season as it can be done. 
Indiana. j. w. trinkle. 
WONDERFUL NEW GARDEN TOOL. 
One of the greatest labor-saving garden implements 
ever invented is put on the market this year—a new 
combination Seeder,Wheel Hoe, Cultivator and Plow. 
It opens the furrow, sows any kind of garden seed 
accurately—in hills or drills—covers,rolls the ground 
and marks the next row, all in one operation. It en¬ 
ables one man to do the work of throe tf) six men, 
easier and better than it was ever done before. 
Hero is a picture of this remarkable tool. 
It is n PLANET JIt. NO. 6, made by S. L. Allen 
& Co., who do things in their own way. Some people 
think it extravagant to use such high-grade materials 
and put so much work on their tools, and very ex¬ 
travagant to have five men do nothing but inspect. 
But every practical farmer and gardener knows what 
this means to him. and understands why Planet Jr. 
tools last and can be guaranteed. 
Every gardener or farmer, whether ho has a Planet 
Jr. or not, should send for the new 1007 PLANET 
JR. CATALOGUE of Seeders, Wheel Hoes, Horse 
Hoes. Riding, Orchard and Beet Cultivators—45 kinds 
in all- with the new, practical improvements. A postal 
mailed to S. L. ALLEN & CO., Box 1107V, Phila¬ 
delphia, brings this interesting book by next mail. 
INCREASE THE CROP 
IN ORCHARD AND FIELD 
by using tills compressed air hand 
Sprayer. 15 seconds* pumping gives 
power for 10 minutes’ spraying. Force 
enough for tall trees. 4-gal. tank con¬ 
veniently carried over shoulder. This 
"Auto-Spray” 
Is used by the U. S. Government 
and State Experiment Stations. 
Save half your mixture and avoid clog¬ 
ging and “random" spraying with the 
Auto-Pop Nozzle. One finger regu¬ 
lates spray from a stream to a fine mist. 
We make 40styles and sizesofspray- 
ers. Ask for catalog containing val¬ 
uable spraying calendar. Free. 
E. C. BROWN CO., 28 Jay St., Rochester, N. Y. 
Spray Your Fruit Trees 
AND VINES 
Destroy the fungi and worms, 
and thus be sure of large yields of 
perfect fruit. 
Excelsior Spraying 
Outfits and 
Prepared Mixtures 
are used in large orchards 
and highly endorsed by suc¬ 
cessful growers. Write for our 
money-saving catalog, which also 
contains a full treatise on spraying 
Fruit and Vegetable crops. 
WM. STAHL SPRAYER CO., 
Box *0-1’, Quincy, 111. 
YOU 
Tram Hftst lor leastcafth. 
make that kind. 
_ FAY KRKKiHT.Cat. 
free. Write for price. 
4J.II. POENDBR'No. 
17 Ft. Atkinson,WIs. 
HEAVY WIRE FENCE- H « I h i‘CitHuJr- 
Write BOND STEEL POST CO., Adrian, Midi. 
is really a superbly 
illustrated and color- 
plate encyclopedia of 
all things pertaining 
to farm and garden. 
Four Beautiful Color 
Plates 
and 224 pages containing hundreds 
of illustrations of the dependable 
kind of vegetables, farm crops and 
flowers. 
Mailed, to anyone, mentioning this pub¬ 
lication on receipt of 10 cents, which 
may be deducted from first order. 
HENRY A. DREER, Philadelphia. 
DREER’S 
GARDEN 
BOOK 
Made for 
Service 
A wire fence needs 
strength In every wire. The 
FROST WIRE FENCE 
fe 26 to 60 per cent heavier than 
•uy woven wire fence made. Will 
last A lifetime. Send for Free catalog. 
r Wo Pm y I THE FROST WIRE FENCE CO.,Cleveland,0 
Freight | *** ^HAKE A CO., 2D If road way, M. f. 
FENCE Mado^L-^ 
Made of High Carbon eollod wire. We 
have no agents. Sell direct to UBor a,t 
factory pric.. on 30 day. fr.® trial. 
Wo pay all freight. Catalog shows 37 
styles and heights of farm and poultry 
fence. It’, fro*. Buy direct. W rite today 
COILED SPRING FENCE CO. 
Box 2KJ. WINCHESTER, INDIANA) 
Tough and tight as a walrus hide, and just 
as pliable and lasting. Summer sun, winter 
ice won’t affect It. It can’t rust and won’t 
crack. Anybody can lay It. Send lor sample. 
PDICC cccn Seed Oats and Seed Corn, All 
UnAad dLCII kinds of Clover, Timothy, Blue 
Grass, Red Top, Orchard Grass and Oil Meal, old 
process, Brices and samples on application. 
U. J. COVER, Mt. Gilead, Ohio. 
Bargains in Surplus at 10 cts. each. 
All first-class. Fresh dug. No cold 
storage. 68th year. 80 page catalog. G. C. STONE'S 
Wholesale Nurseries, Dansville, New York. 
For Orchard Planting being all budded from my own 
and other orchards and therefore strictly true to 
to name. Best commercial varieties and trees ex¬ 
ceptionally strong and fine. A rare chance to get just 
what you want. Address A. D. Pratt, Pittsford, N. Y. 
WAKKKN CHKHICAL & MKG. CO., Ill Battery Plaee, N. V. 
9 CORDS IN IO HOURS 
BiWS DOWS 
HYONEBAN. It’, KINO OF T1IK WOODR. BnT.fi money and 
bneknrhe. Send for FREE lllun. cntnlogneshowing latent Improrc- 
menu and tentlmonlaln from thmnuindn. Flrnt order aecnren ngenev. 
Folding Sawing Mach. Co., 158 E. Harrison St., Chicago, III. 
PEACH, APPLE and other FRUIT TREES, 
GRAPE VINES, CURRANTS and ASPARAGUS ROOTS. 
We are among the largest growers of above stock. As practical orchardists and fruit growers we select 
only the varieties that are best, and discard the rest. Get our free catalogue containing much 
valuable Information. BARNES BROS. NURSERY CO., Box 8, Yalesville, Conn. 
HUBBARD’S FERTILZERS 
ARE 
RICH IN FORMS B o E r PLANT FOOD 
HENCE THEY GIVE 
RICH CROPS AT HARVEST 
Send for 1007 Almanac and Prices. 
THE ROGERS & HUBBARD GO., Fertilizer Manufacturers, Middletown, Conn. 
GRAND SWEEPSTAKES 
FOR UNITED STATES SEPARATORS 
STATE DAIRYMEN’S CONVENTIONS 
MAINE NEW HAMPSHIRE VERMONT 
December 4-6, 1906 December 6-7, 1906 January 7-10, 1907 
96 96 96 * 
The UNITED STATES SEPARATOR hold, the World’. 
Record for Closest Separation of Cream, and the scores above 
begin another year’s list of the many victories which show that 
The UNITED STATES SEPARATOR deliver, the 
Cream in Smoothest and Best Condition for making 
the finest quality of butter. 
Send for free catalogue telling ALL about the U. S. Ask for 
“Construction Catalogue No. 159,” and write today. 
vr 
VERMONT FARM MACHINE CO. 
Bellows Palls, Vt. 
JS1GHTEKN UlSTKlUUUNli WAK11HOUSB5 
4U 
