1007 . 
785 
THE RURAL NEW-YORKER. 
TALKS WITH A LAWYER. 
Rabbit Law in Pennsylvania. 
Does not the law of Pennsylvania allow a 
farmer on his own farm to kill rabbits the 
year around? G. d. 
Yes, he may kill rabbits at any time on his 
land, but he must do so to protect his crops 
and not for the purpose of marketing the 
rabbits. lie is not at liberty to sell same. 
Renewal of Notes and Judgments. 
What is the rule as to judgments, how 
often must they be renewed? Notes? R. 
A judgment in any of the higher courts is 
valid for 20 years and can be renewed at any 
time within that time. In the justice of the 
peace court the plaintiff has five years to 
levy execution. A person has six Vears in 
which he may sue to recover in the following 
cases: A debt, book account or note. If the 
instrument is sealed he may wait 20 years. 
Defective Line Fence. 
The line fence between m.v land and that 
of B is poor, his cows reaching under and 
eating my crops. What can I do? 
Pennsylvania. s. w. c. 
Write B demanding that he join you in re¬ 
pairing the fence. If he fails in this, call 
in the fence viewers (town auditors) to 
examine the line fence; then erect a suitable 
fence under their direction, and recover one- 
half of the cost of B. 
Overdue Note. 
I accept a note in payment, giving a re¬ 
ceipt in full, the note is now past due. 
What are my rights? s. t. l. 
New York. 
You may sue on the note or on the debt 
and explain the receipt. The note is evidence 
of the debt, not the debt. But if the note is 
drawn and made by a third party which your 
debtor turns over to you, then you take it 
with all risks and must look to the maker 
unless your debtor endorsed it. 
Payment on a Lost Note. 
I accepted note from my neighbor for a 
debt, which is now overdue, but the note is 
lost. What right have I now? Must I wait 
or advertise for lost note? J. l. G. 
The note is merely evidence or proof of the 
debt. One can sue on the note or on the 
debt, so that if the note is lost you may 
proceed to show the debt by such evidence as 
you have, also state that there was a note 
given, but same is lost. We suggest that you 
write the debtor asking payment; he may pay 
up in ignorance of tlie loss of the note. 
Weed Cutting on Highway. 
Will you give the substance of the latest 
bill or law signed bv the Governor of this 
State with regard to cutting brush and weeds 
along the highway? tv. H. c. 
Otsego Co., New York. 
According to the last provisions of the 
highway law that is available each owner or 
tenant of property must cut the weeds along 
the roadside during June and August of each 
year under penalty. It would be wise to con¬ 
sult the highway commissioner, as the board 
of supervisors has power to modify these pro¬ 
visions. 
Husband’s Right in Property. 
My father-in-law bought a farm and deeded 
it to my wife on the understanding that I 
would fix it up. I spent .$<5,000 on it. lie 
has since died. What are my rights as to 
a home there and as to the money spent? 
New Hampshire. R. o. D. 
The wife owns the farm against all the 
world and she may convey, mortgage or will 
it at pleasure. The husband has social and 
moral claims to the society of the wife, but 
no legal rights on the place as against the 
wife’s wishes. On the facts, we think that 
he has some claim for the money spent if it 
is not outlawed. It seems that a wife may 
own the home and turn her husband out. She 
forfeits all claims to support in doing thus. 
Widow’s Property Rights. 
My husband died intestate, leaving two in¬ 
fant children He owned a farm with two 
mortgages on it, amounting to nearly the 
value of the place. Discuss my rights. 
Auburn, N. Y. w. w. s. 
The widow is entitled to her dower inter¬ 
est, one-third of the income of the place dur¬ 
ing her life, also a share in the farm until 
the youngest child is of age. In case the fam- 
ilv conclude to sell, it must be foreclosed and 
sold at public auction. Out of the proceeds 
the mortgages are paid in their order, and 
what is left will be distributed by the surro¬ 
gate. It will be well for the widow to con¬ 
sult with her business friends as to the prop¬ 
er course to follow. If the rent or income 
will pay interest, taxes and improvements, 
she may keep the place; otherwise, sell it. 
Agent’s Verbal Contract. 
I bought a machine from agent of firm on 
written contract. The agent says his firm 
will make good any breakage within one year. 
The firm writes me that it is not in con¬ 
tract. What can I do? i* s. s. 
N'ew York. 
The rule is that you cannot change the 
terms of a written contract by oral evidence, 
as the parties are presumed to cover all the 
conditions in the writing. People buying 
with a written contract should see that all 
points favorable to them are in writing. Fur¬ 
ther, the agent may not have authority to 
make warranties; if this is the case, the firm 
is not liable on his promises. These irre¬ 
sponsible agents make rash statements in or¬ 
der to secure sales. In case of doubt, write 
the firm and keep their letter. 
Breach of Timber Contract. 
The timber and wood on a farm is sold, 
and three years are given to get the wood 
and timber off. The person who bought the 
timber and wood failed to get it off within 
the time given. What can the owner of the 
farm do about it? Can the person who 
bought the timber and wood leave all or part 
of it on land by paying damages to owner 
of farm without the owner’s consent? 
Wilton, N. H. w. M. w. 
The wood still belongs to the purchaser, 
but the owner of the land may recover for 
any damage done him by the owner of timber 
working at it or hauling it off, but the 
ownet must show extent of injury to re¬ 
cover any damages. Yes, the purchaser of 
wood may abandon the rest of the timber 
and settle accordingly with the owner. Ques¬ 
tion does not state whether contract is for 
clearing up the land or for sale of standing 
wood. The measure of damages for breach 
of contract is small in comparison with dam¬ 
ages for a wrong. Keep in mind also that a 
contract may be violated in one or more par¬ 
ticulars and' still be binding in the remain¬ 
ing provisions. 
Liability of Employee. 
Is there a New York State law making an 
engineer or other employee liable for whole 
or part of judgment for damages recovered 
against a railroad for accident, if said em¬ 
ployee is wholly or in part responsible for 
such accident? If so, when was said law 
passed and when was it operative? w. 
New Jersey. 
No, there is no such statute or decision, 
the fundamental rule is, and has been for 
ages, the master is liable in damages for acts 
of his servant while in the prosecution of 
the master’s work. But if the servant turns 
aside from his master’s work to do an act 
of his own, he is not then a servant, but is 
acting personally. Suits for damages seems 
the only way we can make some corporations 
regard the safety of its patrons. The recent 
changes in the law have been to extend, not 
limit the liability of the employer. 
Widow’s Dower. 
Explain what is meant by the widow’s right 
of dower? n. k. 
New York. 
Dower is the right or interest which a wife 
has in the real property owned by her hus¬ 
band, which right becomes operative at the 
death of her husband and continues during 
the life of the widow. It gives her one-third 
of the rental value of all the real property 
he owned during his life except such parcels 
as she released by joining with him in a 
deed. A divorce will cut off all dower right, 
also a sufficient provision in a will given to 
the widow in lieu of dower. Thus, all mort¬ 
gages and deeds by married men should be 
executed by the wife also, otherwise her 
dower interest will begin if she outlives her 
husband and continue for her life. The law 
protects her dower rights, and nothing but 
divorce or her signing off will prevent her 
from enjoying it. Ther is no dower interest 
in personal property. The husband, on the 
other hand, has the right by courtesy in the 
real property which his wife owned at time 
of her death, giving him the use of all of it 
for his life. But as she may deed it or will 
it to suit herself, it is seldom that the right 
obtains. 
Telephone Poles on Highway. 
Can a telephone or telegraph company place 
its poles along the roadside legally without 
the written consent of the owner of the 
premises? If the poles are erected and the 
owner makes no objection at the time, can 
he afterward cause the removal of the poles 
and if so, in what manner? If a regular in¬ 
corporated telephone company passes a prop¬ 
erty with its wires giving service to a lo¬ 
cality can it refuse service to anyone who 
may apply for service and offer to pay for 
same? When a telephone company wilfully 
neglects to give proper service, leaving its 
lines out of order for days and weeks at a 
time, can it force payment for service or re¬ 
move its telephones for non-payment? 
New York. D. M. 
Telegraph and telephone companies have 
the right to string their lines along the high¬ 
way by paying the owners for the damage 
or injury incurred. But they have the right 
of way. During the War of the Rebellion 
the telegraph companies were of such service 
to the Government that Congress gave inter¬ 
state companies great favors and powers, 
and the States follow that trend. Cities and 
vilages may compel them to place their wires 
under ground. No, you cannot remove the 
poles, but may sue them for the damage. A 
telephone company is a common carrier and 
must treat all alike, thus giving service to 
all who apply. If lines are out of order, 
make complaint of this and deduct for the 
time that service is delayed. 
Trees and Telegraph Wires. 
Telegraph and other companies have strung 
their wires overhead in our village cutting 
off limbs from the shade trees freely, spoil¬ 
ing the beauty and symmetry of the trees. 
As Lakewood is famous for its streets, we 
wish to protect the trees. What can be done? 
New Jersey. f. m. m. 
The companies are answerable in damages 
to the owner for any injury done the trees 
or to the property by the disfiguring of the 
trees. This is a serious offense, and ft should 
not lie overlooked by any owner whether on 
a farm or in town. The village can compel 
the companies to place their wires under¬ 
ground, as is the case in England. Overhead 
wires are a menace to the safety of the peo¬ 
ple using the street, as wires often break; 
they are also very unsightly. These corpora¬ 
tions have become very indifferent to such 
matters. The presence of the wires, how¬ 
ever, does no injury to the trees, but on the 
other hand, the trees cause “leaks” of elec¬ 
tricity. 
Property With Clouded Title. 
A man owning a farm exchanged it for 
property in New York City. The city was de¬ 
clared to have a clear title except a small 
mortgage, which was recorded in New York 
County, but at later date it was found that 
there was a second mortgage, recorded in an¬ 
other county. When the two mortgages were 
forclosed there was little or nothing left. 
Now, as I understand the law, real estate can 
only be transferred when money or real estate 
of same value is received for it. If this is 
so, cannot the children of original owner re¬ 
cover the value of the farm? The farm is 
now a part of New York County’s water sys¬ 
tem. About 30 years have passed since the 
exchange was made; nothing was done when 
it was found that the city property was 
worthless, as they believed deed given was 
as binding as though title to city property 
was all right. C. R. 
New York. 
On the statement of facts recited by C. R., 
nothing can now be done, because there was 
no written contract of sale stating condition 
of title, size of the property, and like de¬ 
tails ; moreover, too much time has elapsed. 
In the case of a purchaser finding defects in 
the property l>ought, he should complain and 
ask redress at once, as his silence is re¬ 
garded as compliance, in (lie purchase of 
real property it is wiser to have the details 
set forth in a contract as well as the deed, so 
that you can hold the vendor to the contract. 
In the matter of consideration, the contract 
and deed should recite the sum paid, but the 
seal implies consideration. Much property 
passes on the statement in deed than $1 has 
been paid. The foreclosure cleared up any 
defects and gave a title from the court to 
the buyer. All deeds, mortgages, liens and 
judgments must be recorded in the county 
where the property is located. It is likely 
that C. R. is misinformed as to some of the 
facts. 
“Farmers* Favorite*’ 
IMUTTV rflftKPD Just the thing for butchers, 
r EXls uuunxiv sugar-makers, poultry m e n, 
AXTT\ D AIT CD stockmen, dairymen and fruit 
/VINU DUILEIx growers. Has no equal for 
cooking feed and heating water- 
Fine for sterilizing milk cans. Cheap and economical. 
Write for circular. Lewis Mfg. Co., Box C, Cortland, X. Y. 
WE’LL PAY THE FREIGHT 
\n<l send 4 Huggy Wh«*el», Steel Tire* on - $8.75 
1 With Rubber Tire*, $ 15.SO. I mfg. wheels % to 4 in. 
BRlrSf fread - Top $29.76; Sleighs, $10.76. Write for 
V/TCMw oatlog. Learn how to buy direct. Repair Wheels, $5.50. 
VroQgfl f Wagon Umbrella FREE. W.R. BOOB,Cincinnati,!). 
When you write advertisers mention The 
R. N.-Y. and you’ll get a quick reply and 
“a square deal.” See guarantee, page 8. 
LEFFEL 
Farmers are coming back to .team, the one re¬ 
liable power. It’s suited to more kinds of work, Is 
cheaper, surer, safer, more 
powerful. The old reliable 
Leffel engines are built spe¬ 
cially for 
Farm Power 
Ser¬ 
vice 
Styles 
and 
Sizss 
for 
All 
Needs 
Furnish steam for many uses as well as power. 
Portables and on skids If moving Is required. Good 
for a man’s lifetime. Write for book. 
James Leflel & Co.. Box 210, Springfield. Ohio 
Strong Harness 
If you would have your harness 
rain -proof, sun-proof ( sweat- 
proof, soft, strong andphable.use 
EUREKA 
Harness Oil 
Make9 old harness look like new. 
Preserves the looks of new har* 
ness. Contains nothing to cut 
and chafe. Will not rot stitches. 
To reduce axle-friction to aa 
absolute minimum use 
BOSTON COACH AXLE OIL 
Superior to castor oil and more 
economical. Does not gum or 
corrode. Highest Award World’s 
Columbian Exposition. Sold 
everywhere—all sizes. 
MADE BY 
STANDARD OIL COMPANY 
Incorporated 
NEW HOMES 
Government Homesteads, Timber Lands, Improved 
Farms, Irrigated Tracts, Business Openings 
The Chicago CBb North Western Railway makes special low 
excursion rates, by means of which prospective settlers may 
visit the territory being opened up by newly constructed lines, 
and examine for themselves the opportunities for new homes 
and cheap lands the first and third Tuesdays of each month. 
ROUND TRIP FROM CHICAGO 
PIERRE, S.D. . . 
$23.55 
LANDER, WYO. . . 
$25.00 
ABERDEEN, S.D. . 
21.35 
RAPID CITY, S.D. . 
25.00 
HURON, S.D. . . 
20.00 
EAGLE RIVER, WIS. 
11.60 
BONESTEEL, S.D. . 
20.15 
ASHLAND, WIS. . . 
14.25 
DEADWOOD and LEAD 
25.00 
RHINELANDER, WIS. 
11.25 
HOT SPRINGS, S.D. 
25.00 
RICE LAKE, WIS. . 
12.75 
BELLE FOURCHE, S.D, 
. 25.00 
O’NEILL, NEB. . . 
18.85 
GASPER, WYO. . . 
25.00 
LONG PINE, NEB. . 
20.00 
Correspondingly low rates to many other points 
west and northwest. 
Our printed matter, sent free, contains synopsis of 
United States Homestead laws, letters from scores of 
settlers who have been successful in acquiring a com¬ 
petence, maps and full particulars. 
W. B. KNISKERN, 
Passenger Traffic Manager, C. & N. W. Ry., 
NW 659 
Chicago, III. 
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Binghamton, N. Y.—23 Washington St. 
Main Office-908 Seager St., Lansing, Mich. Boston—67-76 Washington St., N. Philadelphia—1816 Market St. 
Kansas City, Mo—1226 Eleventh St. Minneapolis—313 So. Third St._ Omaha—1018 Farnnm St, 
