m3. 
THE RURAL, NBW-VORKEH 
20 
WHAT IS A LEGAL FENCE? 
I would like to know what is a legal 
line fence in the State of New York. 
H. M. 
Section 3G0. Apportionment of division 
fence. Each owner of two adjoining tracts 
of land, except when they otherwise agree, 
shall make and maintain a just and equit¬ 
able portion of the division fence between 
such lauds, unless one of such shall choose 
to let his lands lie open to the use of all 
animals which may be lawfully upon the 
other's lands, and does not permit any ani¬ 
mal lawfully upon his premises to go* upon 
lands so lying open. When the adjoining 
lands shall border upon any of the navigable 
lakes, streams or rivers of the State, the 
owners of the lands shall make and main¬ 
tain the division fence between them down 
to the line of low water mark, in such 
lakes, streams or rivers, except those lands 
which overflow annually so as to be so 
submerged with water that no permanent 
fence can be kept thereon, and known as 
low flat lands; and when adjoining lands 
shall be bounded by a line between tho 
banks of streams of water not navigable, 
and the owners or occupants thereof can¬ 
not agree upon the manner in which the 
division fence between them shall be main¬ 
tained, the fence viewers of the town shall 
direct upon which bank of the stream, and 
where the division fence shall be located, 
and the portion to be kept and maintained 
by each adjoining pwncr. 
Sec. 361. When lands may lie open. 
When the owner of any lands shall choose 
to let them lie open, lie shall serve upon 
the owners of the adjoining lands a written 
notice to that effect, and thereafter the 
owners of such adjoining lands shall not be 
liable in any action or proceedings for any 
damages done by animals lawfully upon 
their premises, going upon the lands so 
lying open or upon any other lands of the 
owner thereof through such lands so lying 
open. The owner of any land so lying open, 
may have the same inclosed, by giving writ¬ 
ten notice to that effect to the owners or 
occupants of the adjoining lands, and shall 
refund to such owners or occupants a jusc 
proportion of the value of nnv division 
fence made and maintained by them, or if 
no fence has been so made or maintained 
upon the lino or any part of it, he shall 
build and maintain his proportion of such 
division fence. 
Sec. 362. Division fence on change of 
title. Whenever a subdivision, or new ap¬ 
portionment of any division fence shall be¬ 
come necessary by reason of transfer of the 
title of either of the adjoining owners, to 
the whole, or any portion of the adjoining 
lands, by conveyance, devise or descent, 
such subdivision or new apportionment shall 
thereupon be made by the adjoining owners 
affected thereby; and either adjoining 
owner shall refund to tho other a just pro¬ 
portion of the value at the time of such 
transfer of title, of any division fence that 
shall theretofore have been made and main¬ 
tained by such other adjoining owner, or 
the person from whom he derived his title, 
or he shall build his proportion of such 
division fence. The value of any fence, and 
the proportion thereof to be paid by any 
person, and the proportion to be built by 
him, shall be determined by any two of 
the fence viewers of the town, in case of 
disagreement. 
Sec. 363. Settlement of disputes. If 
disputes arise between the owners of adjoin¬ 
ing lauds, concerning the liability of either 
party to make or maintain any division 
fence, or the proportion or particular part 
of the fence to be made or maintained by 
either of them, such dispute shall be set¬ 
tled by any two of the fence viewers of the 
town, one of whom shall be chosen by each 
party; and if either neglect, after eight 
days’ notice to make such choice, the other 
party may select both. The fence viewers, 
in ail matters heard by them, shall see that 
all interested parties have had reasonable 
uotice thereof, and shall examine the prem¬ 
ises and hear the allegations of the par¬ 
ties. If they cannot agree, they shall select 
another fence viewer to act with them, and 
the decision of any two shall be reduced to 
writing, and contain a description of the 
fence, and the proportion to be maintained 
by each, and shall be forthwith died in the 
office of the town clerk, and shall be final 
upon the parties to such dispute, and all 
parties holding under them. 
Sec. 364. Powers of fence viewers. Wit¬ 
nesses may be examined by the fence viewers 
on all questions submitted to them; and 
either of such fence viewers may issue 
subpoenas for witnesses, who shall receive 
the same fees as witnesses in a justice's 
court. Each fence viewer thus. employed 
shall be entitled to $1.50 per diem. The 
party refusing or neglecting to pay the 
fence viewers or either of them shall be 
liable to an action for the same with 
costs. 
Sec. 365. Neglect to make or repair di¬ 
vision fence. If any person who is liable 
to contribute to the erection or repair of a 
division fence, shall neglect or refuse to 
make and maintain his proportion of such 
fence, or shall permit the same to be out 
of repair, he shall he liable to pay the party 
Injured all such damages as shall accrue 
thereby, to be ascertained and appraised 
by any two fence viewers of the town, and 
to be recovered with costs. The apprais- 
ment shall be reduced to writing, and signed 
by the fence viewers making it. If such 
neglect or refusal shall be continued for the 
period of one month after request in writ¬ 
ing to make or repair the fence, the party 
injured may make or repair the same, at 
the expense of the party so neglecting or 
refusing, to be recovered with costs. 
Sec. 366. Fence destroyed by accident. 
Whenever a division fence shall be injured 
or destroyed by floods, or other casualty, 
the person bound to make and repair such 
fence, or any part thereof, shall make or re¬ 
pair the same, or his just proportion thereof 
within 10 days after lie shall be so required 
by any person interested therein. Such 
requisition shall be in writing, and signed 
by the party making it. If the person so 
notified shall refuse or neglect to make or 
repair bis proportion of such fence, for the 
space of 10 days after such request, the 
party injured may make or repair the same 
at the expense of the party so refusing or' 
neglecting to be recovered from him with 
costs’. 
Flies Around House Plants. 
There have been so many questions about 
fences in New York that we give the entire 
law of fences: 
Article 19 of Chapter 62 of the Consolidated 
Laws. 
See. 367. Damages for insufficient fence. 
Whenever the electors of any town shall 
make any rule or regulation, prescribing 
what shall be deemed a sufficient division 
any owner of property who shall there¬ 
after neglect to keep a fence accord¬ 
ing to such rule or regulation shall be pre¬ 
cluded from recovering compensation for 
damages done by any beast lawfully kept 
upon the adjoining lands that may enter 
therefrom on any lands of such person, not 
fenced in conformity to the said rule or 
regulation, through any such defective 
fence. When the sufficiency of a fence shall 
come in question in any action, it shall be 
presumed to have been suflicint until the 
contrary is established. 
Sec. 368. Damages for omitting to build 
fence. If any person liable to contribute 
to the erection or repair of a division fence 
shall neglect or refuse to make and main¬ 
tain his proportion of such fence, or shall 
permit the same to be out of repair, he 
shall not be allowed to have and maintain 
any action for damages incurred by beasts 
coming thereon from adjoining lands where 
such beasts are lawfully kept, by reason 
of such defective fence, but shall be liable 
to pay the party injured all damages that 
shall accrue to his lands, and the crops, 
fruit trees and shrubbery thereon, and fix¬ 
tures connected with the land, to be aseer; 
tained and appraised by any two fence 
viewers of the town, and to be covered, with 
costs; which appraisement shall be re¬ 
duced to writing and signed by the fence 
.viewers making the same, but shall be 
only prima facie evidence of the amount of 
such damages. 
What causes small flies to collect around 
house plants? They have the morning 
sun, and are fed plant food once a week. 
Connecticut. a. 
Any flies infesting the house are likely 
to collect on house plants; a sunny place, 
moist soil and any plant food that may 
attract them will add to the nuisance. 
Some small flies quite similar to the house¬ 
fly in appearance are the adult form of 
certain root-maggots, and these flies enter 
houses and conservatories; another trouble¬ 
some family is that to which the mush¬ 
room gnat belongs. Fumigation with Per¬ 
sian insect powder will destroy these flies. 
A convenient method of poisoning flies is 
to add two tablespoonfuls of 40 per cent, 
formalin to one pint of sweet milk or 
milk and water, equal parts. Pour into 
shallow saucers. A piece of bread put 
in the middle of each saucer will enable 
more flies to alight. The inquirer does 
not say what plant food he is using once 
a week, but if liquid manure that may 
help to encourage the flies. 
Sec. 369. Use of barbed wire for divi¬ 
sion fence. Barbed wire may be used in 
the construction of any division fence, pro¬ 
vided. however, that tho person or corpora¬ 
tion desiring to use such material shall first 
obtain from the owner of the adjoining 
property his written consent that it may 
be so used. If the owner of the adjoining 
property refuses to consent to the building 
of such a fence, it may nevertheless be 
built in the following manner: The fence 
shall be of four strands of wire with a 
sufficient bar of wood at the top ; and the 
size of such top bars and of the [Mists and 
supports of such fence, and their distances 
apart, shall be such as the fence viewers 
of the town may prescribe. Whenever 
such fence shall become so out of repair as 
to be unsafe, it shall be the duty of the 
owner or owners to immediately repair the 
same. But any person building such a 
fence without the written consent of the 
owner of the adjoining property shall be 
liable to all damages that may be occa¬ 
sioned by reason of such fence.' But this 
section shall not be so construed as to per¬ 
mit railroad corporations to use barbed wire 
in the construction of fences along their 
lines contrary to the provisions of section 
fiftv-two of the railroad law. 
Underground Water Supply.— It is said 
that the City of Los Angeles, Cal., is to 
have one of the most valuable water sup¬ 
plies known through a singular provision 
of nature. All surface streams and ponds 
are irregular in thfeir supply of water. 
During the flood periods, of course, there 
is too much water, while in time of drought 
there is often a loss. Even when reservoirs 
are used large quantities of water are lost 
in the soil. At Los Angeles $21,000,000 
was provided for a water supply. This 
was to build an aqueduct and storage re¬ 
servoir, but it was found that a large pro¬ 
portion of such water escaped into the 
sand and gravel of the surrounding region. 
The chief engineer observed this, and be¬ 
came convinced that this soil contained 
underground reservoirs; that is, an un¬ 
usual large supply of underground water 
or rivers. Investigation convinced him that 
this was so, and on the strength of his 
conviction the City of Los Angeles pur¬ 
chased thousands of acres of bottom land 
in a valley some distance away. This laud 
had no value except the possible value 
which these underground supplies of water 
might give. Investigation shows that the 
engineer was exactly right; that the soil is 
unusually well supplied with underground 
moisture which is not susceptible to 
drought as surface moisture is. Thus the 
city is permanently assured of a water sup¬ 
ply, and it is a remarkable thing that the 
city authorities were willing to invest on 
the strength, of a scientific report before 
the actual presence of the water was 
demonstrated. 
The staple products here are corn, wheat 
and potatoes; not very much dairy prod¬ 
ucts. Fruit here is not profitable, as the 
people are not spraying enough. Butter, 20 
cents; eggs, 30 cents; fowls, hens, nine 
cents; turkeys, 16 cents. ,t. f. w. 
Memphis, Ind. 
Never mind the weather! 
Your plants under Sunlight Double 
Glass Sash will not mind it. 
Between the two layers of glass in 
the Sunlight Double Glass Sash is an 
air space of an inch thick. 
Above the glass is winter weather— 
zero, perhaps. Below the glass is warm 
earth and plants growing like May. 
The secret of it ail is the air space. Being a non-con¬ 
ductor. ;t will not let the cold in or the heat out. It 
makes the sash complete, doing away with the need of 
boards and mats. It weighs nothing and cannot be seen, 
but a raging blizzard cannot penetrate it. The plants 
grow steadily and right and are ready on time. 
You can have Sunlight Double Cla-s Sash for your 
beds far cheaper than the old-f 
style sash with heavy extra! 
covers. And you will clear | 
double the money. 
Writeto us, now. We will send) 
you our complete catalog free | 
If you want Prof. Massey'rjL 
booklet on hot-beds and coId-U 
frames, enclose 4c in stamps. 
Writs your name plainly. 
Sunlight Double Glass Sash Co. 
924 East Broadway Louisville, Ky. 
THE MODERN GARDEN 
with its long, narrow rows that require thor¬ 
ough and constant working,MUST have tools 
that are easy to adjust and operate: that sow, and 
cultivate perfectly. Many farmers who have steam 
heat and a telephone are still using old-fashioned 
tools. Do YOU use a hand hoe? 
WHASE 
Seed Drills and 
Wheel Hces 
save halftime, make bigger ar.d better crops. I 
The view shows one of 38 combinations Jrom $2.50 to I 
$12.00—our No. 6 Combined will sow in continuous I 
rows or in hills, cultivate, weed, hoe, ridge, open! 
furrows, etc. Parts changed quickly. Can pur-| 
chase in simplest form and add to as needed.j 
Ask your dealer to show these tools and write J 
us for new booklet, “Gardening With Mod¬ 
ern Tools.” We make full lineofpotato 
machines,sprayers for all pur poses .etc.^ 
Bateman MTg Co. 
Box 1021 , 
Grenloch.N.J. SAVES 
_ HARD 
W 0 R£ 
ve Made Good Paint for 64 Years 
"Way back in 1849 this business was started by John Lucas, in a little, tumble- 
down gristmill. Today our business has grown until we occupy the enormous plant pictured 
above — the largest and best equipped paint factory in the world. 
Lucas Paint Is Mixed With 
Experience and Brains 
Lucas Quality Never Wanes 
m 
Experience is the only teacher in the paint business. All 
the constant study, research, experimenting and practical tests 
of 64 years are concentrated in every can of Lucas Paint. It is 
the best we can make—the best that can be made, as proved by 
our private tests and on thousands of buildings the country over. 
Having attained the best in paints, we keep every can of paint 
we make absolutely up-to-standard. Our raw materials passfour 
searching, expert inspections. Employees of 25 to 40 years’ 
nence at our factory oversee every step in the ’ * — * 
actual work is - 1 — -* - 
The Greater Care Put Into Lucas Paints 
Insures Greater Service on Your Buildings 
Free Book 
In every can bearing the name “Lucas” you are 
guaranteed paint.that will “act” right, cover right, 
protect right and be the most beautiful and econom¬ 
ical paint you can possibly buy. The exacting care 
ike 
that we take to prove our materials, mix them per¬ 
fectly and thoroughly, and then test our finished 
product, insures satisfaction. 
'When and How to Paint" 
tells you how to judge paint and 
select the right kind for .house, 
barn or other buildings. Also tells 
what product to buy. what kind of brush 
to use. how long to let the paint dry be¬ 
tween coats, etc.—to refinish furniture 
decorate walls or woodwork, to paint 
implements, carriages, autos, etc. Worth 
dollars to you. You’ll always keep it 
handy. We’ll send you a copy free, if 
you fill out and mail us the coupon. 
John Lucas 
& Company 
Office No. 
Philadelphia, Pa. 
Please send me your 
book “When and How 
to Paint". 
(18) Address 
fcly Dearest dealer is_ 
