2 20 
LEGAL NOTES. 
Specific Performance of Contract. 
An aged man and Avife. know as A, 
bought a tract of land from a party 
known as B. A paid for the land last 
July, but never received a deed, being 
put off from time to time. A has erected 
and paid for a house and home on said 
land, which is in New Jersey, and now 
resides there. A does not believe any 
wrong is intended by B. What, if any, 
action could A‘s sons take to secure 
their parents the deed, they having dis¬ 
covered the state of affairs? b. c. 
It is not stated whether the contract 
for the purchase of this land was oral 
or in writing. If it was an oral contract 
for the purchase of property, it was not 
good in New Jersey, unless performance 
on the part of A has taken it outside 
the statute, and if A has taken possession 
and made payment and erected a house, 
he is then in a position to compel B to 
perform his part of the contract and 
deliver a deed, and this should be done 
by an action in which A is plaintiff and 
B is party defendant, to compel B to de¬ 
liver a deed to A. Of course, if it is a 
family affair, it would be much better 
if it could be settled up without beginning 
an action, and this method should be 
tried first. 
Telephone Rates. 
• Some time ago I read in some paper 
that the Bell Telephone Company had 
brought suit against a person who had a 
telephone in his office or residence, and 
had made an extension to the same for 
his own use, which the telephone com¬ 
pany objected to. The matter was taken 
into court, and I believe was carried to 
the higher courts, and finally decided in 
favor of the subscriber, with the remarks 
that tlie subscriber had paid for the use 
of the 'phone on his premises and he had 
the right to make extensions for his own 
use if he so desires.” Can you give me 
any information along this line, and cite 
me to any case of the kind that has been 
decided in the courts? c. c. T. 
Pennsylvania. 
Careful search and inquiry does not re¬ 
veal any case holding as this subscriber 
sets forth. It would seem hardly fair 
to the telephone company to allow a sub¬ 
scriber in reality to have two ’phones 
when he is only paying for one. Inquiry 
at tht* head office of the telephone trust 
in regard to decisions of this kind was 
made, and was met by the statement that 
no such decision had been given uny- 
TI-IJ3 RURAL 
where in the country, and that if such a 
decision had been made, it would be 
known by them immediately. They made 
the statement that if an extension of this 
character were put in, the contract of 
the subscriber would be violated and both 
’phones would be taken out. 
• / , / »• o 
Claim of Judgment Creditor Under Fore¬ 
closure. 
1. When a party sues another to re¬ 
cover a sum of money, and the court 
grants judgment to the plaintiff (a), is 
the judgment recorded, and who records 
the judgment? (b) Must the plaintiff 
who has secured judgment record it at 
his own expense. I understand that when 
there is a judgment against a property, 
if said property is sold, the party selling 
cannot give a clear title until the judg¬ 
ment against it is paid. I have a judg¬ 
ment against a party whose property is 
already encumbered with two mortgages. 
I have learned that one of the mort¬ 
gagees has foreclosed, and bought the 
farm in. but I have received no infor¬ 
mation regarding the judgment, nor check 
to cover it from the court. 2. A property 
on which I have a judgment has been 
sold; what steps must I take to look 
after my own interests, and secure the 
cash granted me by the court? I also 
took out a lien on the property. 
New Jersey. m, o. n. 
1. (a) The judgment is recorded and 
it is done by the plaintiff, (b) lie must 
record it at his own expense primarily, 
but the costs may be taxed against tlie 
defendant and will by that much increase 
the judgment. In the event that the 
property is sold under foreclosure of the 
first mortgage, of course the first mort¬ 
gagee is entitled to his pay first because 
his lien is first and then the second 
mortgagee and the judgment creditors in 
the order of priority of their liens, and 
if there is sufficient money left after 
the sale to pay the second mortgage and 
the various judgment creditors, of which 
yours is one, you will receive your money, 
but if there is not and the other liens 
are ahead of yours, you of course will 
not receive any. If there are two mort¬ 
gages on the property there is very lit¬ 
tle chance that the judgment creditors 
will receive anything from the property. 
2. The above answers your second 
question. You must be made a party 
defendant and you would participate in 
the surplus money proceedings if there 
is any surplus after paying off the mort¬ 
gages and the costs of the foreclosure 
proceedings. If there are two mortgages 
<>n the property there will probablv not 
be anything left for the judgment credi¬ 
tors. 
NEVV-VOR K!Er<i 
NEW YORK STATE NEWS. 
Tiie Tii.i>e x Memorial Celebration. 
—In accordance with the special act of 
the legislature the Tilden Memorial Com¬ 
mission prepared a fitting program for 
the occasion. The dates were February 
8-10. Outline of program follows: Sun¬ 
day, February 8, members of the com¬ 
mission visit the Tilden home in New 
Lebanon, N. Y. and place floral emblem 
on tomb, after which ceremonies in the 
Congregational church, with addresses by 
commissioners. On Monday, the date o'f 
Tilden’s birth, joint session of the two 
branches of the legislature, presided over 
by Gov. Glynn, concluding ceremonies 
at Carnegie hall, New York city, on 
Tuesday evening with addresses by Her¬ 
man Bidder, Gov. Baldwin of Connecti¬ 
cut and others. Unveiling a full length 
portrait of Samuel J. Tilden painted for 
the occasion by Franklin Barber Clark. 
, Tiie Whole Thing.— That is what 
Thos. II. Bussey of Wyoming was when 
the senate convened on Jan. 80. He was 
the only senator present, consequently 
he presided, was majority and minority 
leader and the whole house. In calling 
himself to order he said: “It gives me 
infinite pleasure to see so many of the 
members of the senate present on this, 
the last legislative day of the week. It 
is an indication of their appreciation of 
the great honors which have been thrust 
upon them and an indication of their de¬ 
sire to uphold the honor and dignity of 
the Empire State.” After the clerk‘had 
read the minutes, the lone senator moved 
their approval and carried the motion. 
He then recognized himself and intro¬ 
duced five bills affecting the New York 
city police • department, referred them to 
committees, moved the senate “do now 
adjourn,” carried it and walked out. 
Bulletin 54.—Again we call attention 
to a valuable bulletin just issued by the 
Department of Agriculture for the fann¬ 
ers of the State. It relates to the dairy 
industry and has nearly 400 pages, many 
illustrations. It treats of every phase 
of the industry in 84 articles written by 
men competent to speak on the subjects 
assigned them. It was compiled by Edw. 
Van Alstyne, Superintendent of Farm¬ 
ers’ Institutes. Another bulletin which 
every farmer should possess is No. 51, 
relating to the duties of the Commissioner 
of Agriculture. In it we also learn that 
the agents of the department made, dur¬ 
ing the last three months of last vear, 
inspections at 880 different places, and 
separate inspections as follows: Food, 
10.i8.>: milk. 11.07S; veal. 3,188; sani¬ 
tary. 7(2; feed. 1.G24: oleo. 4.S25; sta¬ 
bles 427. and many others making a to¬ 
tal of 34.317. 
February 14, 
Dairymen’s League. —Secretary Man¬ 
ning of the Dairymen’s League says it 
now has 10,200 stockholders representing 
15S.000 cotvs, in 300 local branches. John 
Y. Gerow is president. 
Eastern Meeting ok Fruit Grow¬ 
ers.- —The annual meeting of the State 
Fruit Growers’ Association will be held 
in Poughkeepsie on Feb. 19 and 20. 
There is a good list of speakers and many 
practical questions are on the program 
for discussion. One half day will be de¬ 
voted to dseussions of blackberries, rasp¬ 
berries, currants, strawberries, etc. There 
will be a banquet on Thursday evening. 
The State Experiment Station will have 
a fine exhibit of apples grown at the 
station, many of them new varieties orig¬ 
inated there. The College of Agriculture 
at Ithaca will have an interesting educa¬ 
tional exhibit. Horticultural apparatus 
will also be shown. 
Teachers’ Retirement Fund. —A bill 
has been introduced in the Assembly 
which requires that all cities and school 
districts of the State shall contribute to 
the fund for the teachers who are on the 
retired list. These districts shall pay an 
amount equal to the payments made by 
the teachers in the city or district. Un¬ 
der the present law the teachers have to 
Pay one per cent of their annual salaries. 
This, it appears, is not adequate for the 
maintenance of the fund. It is the judg¬ 
ment. of the Education Department that 
the teachers should not be required to in¬ 
crease their assessments. 
Hydro-electric Bills. —The Conser¬ 
vation Commission has prepared and had 
introduced in the Legislature, three hy¬ 
dro-electric bills, the first of a series the 
Commission is preparing for the develop¬ 
ment of hydro-electric power in the State. 
’The first of these bills is a redraft of the 
Bayne bill of 1912 and its purpose is to 
conserve the natural resources of the 
State and institute a policy of progressive 
development of electrical energy from 
water power under State ownership, con¬ 
trol and supervision. It is believed that 
this plan will bring large revenues to 
the State and harness these great hy¬ 
draulic resources for the public use and 
benefit. The so-called Capital District 
bill has been redrafted and applies only 
to the utilization of surplus canal waters 
for hydraulic power. The bill carries an 
appropriation of $650,000 of which $282.- 
000 is to be made available in 1914. The 
other bill authorizes the commission to 
construct a hydraulic-electric plant at any 
point along the canal the commission may 
select. For this purpose an appropria¬ 
tion of $(00,000 is proposed of which 
$300,000 is to be made available this 
year. j. w . d. 
“DEATH, TAXES 
AND 
apes 
anures 
Are the Only Three Things in This World 1 Am Sure of” 
WROTE an old customer of ours 
Passing by the first two, he and every other farmer cer¬ 
tainly has every right to be sure of THE MAPES MANURES. 
They have been used for fifty years by the most intelligent, 
the solidest and most successful farmers, who have banked 
absolutely on 
I. THE RECORD OF MAPES IN THE FIELD. 
Our record in the field for the past fifty years is too well- 
known to require more than a mere reference. In this connec¬ 
tion, “lest we forget,” in the American Agriculturist’s Prize 
Contest, open to the entire United States, the largest crops 
of Potatoes and Corn grown on commercial fertilizer alone 
were grown with Mapes; 669 bushels of Potatoes on one 
measured acre with the Mapes Potato Manure, and 213 bush¬ 
els Shelled Corn on one measured acre with the Mapes Corn 
Manure. 
II. THE MAPES RECORD WITH THE EXPERIMENT 
STATIONS. 
We are equally proud of our record with the Stations. 
There may at times have been an occasional chance analysis 
which was not quite what we would have liked, and not fairly 
representative of our goods, but on the grand average, year 
in and year out, our record has been something to be justly 
proud of. 
III. SAME FAMILY MANAGEMENT FOR THREE 
GENERATIONS. 
Not only have the Mapeses continued successively in the 
business for three generations—grandfather, father and son— 
but the Lanes, who have been associated with the Mapeses 
from the start, follow the same identical record in the business, 
grandfather, father and son, successively. Could there be a 
better guarantee than this family management, with the ele¬ 
ment of family pride deeply involved, that everything has 
been done and will continue to be done to make the Mapes 
Manures as good as the knowledge of fertilizer science per¬ 
mits for the crops for which they are intended. 
The Mapes Manures have never stood still but have been 
constantly improving as the knowledge of scientific plant 
feeding broadened and progressed. 
“The Mapes business had its inception in the scientific 
research and experiments of Professor James Jay Mapes, and 
scientific research and experiment, coupled with the most 
exact practical experience, have been the dominating factors 
in the Mapes business to the present day.”—The Florida 
Grower. 
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The Mapes Formula & Peruvian Guano Co., 143 Liberty St., New York 
