TH R RURA L 
NtCVV-VORKl£R 
621 
Bits of Legal Advice 
Sale on Execution. 
A and B own a farm together, both be¬ 
ing equal partners in it. The farm is 
about 70 acres, and it is assessed at $900. 
There is a mortgage on it of about 
$743.84 counting interest. A has a judg¬ 
ment against B for about $177.00. count¬ 
ing interest. C holds a judgment of about 
$400 against B which is subsequent to the 
one A holds. A’s is first, ('an (' force 
a sale to collect his money? A is not 
willing for any sale. C. R. o. 
New Jersey. 
There are means by which C could 
force a sale of the property, but inasmuch 
as the sale of B’s interest would be made 
subject to the prior liens of the mort¬ 
gage and of A’s judgment there is likely 
to be no buyer, as these two liens more 
than equal B’s interest. <’ would there¬ 
fore be out the cost of the proceeding. He 
migjit wish to do it from spite. In other 
(Is, A cannot prevent (' from selling 
the property if C so desires. 
Compensation Law; Sale of Milk. 
1. Does the Compensation Law affect 
die farmer in any way? Ordinarily. I 
believe it does not, however, I want to be 
sure. I have a man working for me by 
the year. During the Spring and Sum¬ 
mer I want to dig a well, also do some 
repairing on buildings. If my man was 
helping with such work, would I be lia¬ 
ble in case of accident? In case I jet 
work by the contract, would that release 
me? If I did not have to insure for man 
who was working for me by the year, 
would I have to insure if 1 hired extra 
help for a few days? 3. I produce milk, 
selling same at wholesale. Could I sell 
milk t n ne or two neighbors without 
taking out a permit, the party buying the 
milk coming for it? w. s. 
New York. 
1. The Compensation Law defines ■‘em¬ 
ployee 1 " as used in the act as not in¬ 
eluding farm laborers. The specific point 
raised in your letter does not seem to 
have been passed upon, but an inquiry 
at the office of the Secretary of the Com¬ 
mission brought forth the statement that 
if the regular farm help was used to dig 
a well or to help repair a barn it was as 
much a labor on the farm and as ne¬ 
cessary to its maintainenee as if he was 
engaged in plowing, and would not come 
under the act. If you let the work by 
contract, you would be released. You 
would not have to insure for extra help. 
There have been one or two articles 
on this matter in The: It. N.-Y. within 
the past two or three months by Dr. 
Dean and I take it to be hi.-, idea that 
io: Sanitary Code would not include such 
a limited sale as you contemplate—say 
to two neighbors or so. and you would 
not need a permit, I concur in this view. 
Public Highway. 
There is a road here that was built be¬ 
tween 85 and 40 years ago by A. lie 
had the road laid out, but now it can’t 
lie found on record. Since then there are 
more families living on same road. One 
(we will call B) has kept gates on it 
more or less. A is dead but his descend¬ 
ant left this gate open when passing 
through; then it was closed and locked 
by B. He also forbade A’s descendant 
to travel same. Town superintendent, re¬ 
moved this gate twice but B put it back 
again. It is still on road now. Town 
has always worked this road except one 
year, and paid for accidents, building of 
dockings, bridges, sluices, etc., also town 
and State money both have been paid on 
same. Please tell me if this is a high¬ 
way or not, also if B has a right to 
keep gates on it and lock same. 
New York. ii. c. T. 
The laws of New York provide that 
"all lands which shall have been used by 
the public as a highway for the period 
of 20 years or more shall be a highway 
with the same force and effect as if it 
had been duly laid out and recorded as 
a highway, and the town superintendent 
shall open all such highways to the width 
of at least two rods.” Add to this the 
fact that in your case the road was 
practically dedicated to the public by A, 
and that it iias been worked all this 
time by the town, and there can remain 
hardly a doubt but that this is a legal 
town highway, and the authorities have 
the right to remove B’s gate. If B still 
maintains the gate, it is a nuisance and 
furthermore, it is a damage to the resi¬ 
dents along the road, and they should 
combine their forces and sue him for 
damages. 
Executor’s Fees; Accounting. 
Whnt is the executor entitled to in 
settling up an estate, in this State, that 
is, what remuneration does lie receive? 
If a certain per cent, is allowed, does it 
apply to the cash only or would he be 
entitled to include notes, etc., held against 
the interested heirs? The situation is 
this: The testator advanced each of his 
eight children $1,000 in cash and took 
their individual notes for the res’"'Ctive 
amounts, as evidence that they had re¬ 
ceived such portion. The executor is in 
possession of these notes, also some other 
property which must be sold and divided 
equally. The total will reach $13,000. 
1* the percentage figured on total or only 
on $5,000 which will be the actual cash 
handled? How soon can an accounting 
be demanded after death of testator? 
New York. \v. M. s. 
An executor is allowed 5% for receiv¬ 
ing and paying out all sums of money not 
exceeding one thousand dollars, 2%% on 
the next ten thousand and 1% on all sums 
above eleven thousand. But he cannot 
get 5% for receiving and paying out the 
same thousand dollars, but is allowed 
half commissions for each act. The value 
of real or personal property distributed 
shall be considered as money in making 
up the commission. If these notes pass 
through your hands or you pay out the 
money represented by them you would 
be entitled to the commission. An ac¬ 
counting may be demanded any time 
after a year after letters testamentary or 
of administration were granted. 
Trespassers from Highway. 
My farm is 30 rods wide and about 18 
rods of it is sort of a swale. The water 
backs up in it and then covers the road 
also, sometimes to a depth of two feet. 
There is a creek 20 rods west where it 
runs or drains i to and the 1 backing up 
of this creek causes this water to stand 
over the road. My neighbors and other 
people drive across my farm around this 
water through a young orchard of mine 
without my consent. Must I allow them 
to drive across my land, or can I collect 
some damage for trespassing? j.f. F. 
New York. 
You can certainly not be required to 
give up part of your farm for road pur¬ 
poses without being compensated for it 
by somebody. Notify the town highway 
authorities of the conditions and that 
the road should be raised so it could be 
used in times of Hood, and that if the 
people continue to use your orchard as 
a highway the town must pay the damage. 
The town superintendent is charged with 
keeping the highways and bridges of his 
town in good repair, and this road is not 
in that condition, if periodically it floods 
and is unfit for use. ITe should there¬ 
fore raise it to a proper height or take 
whatever measures are necessary—even 
to condemning your land and running a 
new road, for which you would be com¬ 
pensated. This is a case where tactful 
and persistent work with the town su¬ 
perintendent will probably get you what 
you want. 
Timber on Homesteads. 
1 am on a homestead of 100 acres. 
There is a lumber concern building their 
track in this direction. What part of my 
timber am I allowed to dispose of? 
Eighty acres of this timber has been tur¬ 
pentined, and I am informed that I am 
allowed to dispose of this. If so what 
are the restrictions on investing the 
money that is received f >m the proceeds 
of the timber? Improvements are worth 
far more to me than the timber as far 
as I am concerned, and I would just as 
soon let. more than 80 acres go. F. A. 3. 
Florida. 
You .nay cut and remove so much tim¬ 
ber from land being cleared for cultiva¬ 
tion as is actually necessary for that pur¬ 
pose or for buildings, fences and other 
improvements, and any surplus you may 
sell, but you cannot cut off all the tim¬ 
ber for sale or speculation before you 
have the title by patent, even though the 
money obtained is used for improvements 
or in support of the family. This seems 
to apply to turpentined timber lands also. 
For further particulars or information 
you may apply to Chief of Field Division, 
Charles \V. Atkinson, Jackson, Miss. 
Of course if you need this land for cul¬ 
tivation and actually clear and cultivate 
it, you can sell the surplus timber. M. n. 
When you write advertisers mention The 
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“square deal.” See guarantee editorial page. 
and liardljr a 
coni for repairs” 
That’s what one owner 
said about the upkeep cost 
of the Caterpillar Track. Wil¬ 
liamson Bros.,- in California, 
have worked a Caterpillar 1650 
ten-hour days in five years and 
6ay, “She’s good for a lifetime.” 
CMS) 
Port US Pot Ott 
Don't toy Caterpillar union yo- mean Holt) 
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principle—the endless track that deliv¬ 
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