THE RURAL NEW-YORKER 
* f f 
1347 
wishing to go. Sarah wondered if a word 
from her would keep him at home, but 
she was too proud to utter it. 
“Where are you going?” she asked 
quietly. 
“I don’t know’—probably out West 
somewhere.” 
Alice and the doctor returned just 
then, and the subject was dropped. 
. For the next few days Sarah was in 
a most unhappy state of mind. Now that 
Robert was going away, she realized that 
she cared for him with the deepest af¬ 
fection her selfish heart ever had known. 
(To be continued.) 
Legal Questions 
May Tenant Sell Hay? 
About two months ago I bought a farm 
in New Hampshire, subject to a one- 
year lease. The former owner allowed 
the tenant to make out the lease to suit 
himself, so that he is not restricted in 
wasting the property. There was a good 
crop of hay this Summer, which I sup¬ 
posed would be fed on the place. The 
tenant now notifies me of his intention to 
move, and gives me a week to say 
whether I will pay him $.‘500 for the hay';, 
if not he will sell it. Can he sell the 
hay from the place, carry away the ma¬ 
nure and cut as much wood as he likes 
and sell that, and in general lay waste 
to the place as long as he pays his rent? 
Massachusetts. w. it. w. 
A tenant may sell the annual products 
of the farm where there is nothing in the 
lease restricting him. So here he may 
sell the hay. The manure made on the 
The Regeneration of Sarah 
By Beulah Heaston and Anna Nixon 
(Continued from page 1325.) 
“I wonder if Alice meant to use all 
these cucumbers,” Sarah said one day, 
when she had gone to the garden to get 
some cucumbers to slice for dinner, and 
found the vines laden with fruit just the 
right size for pickling. “Isn’t our cu¬ 
cumber bed much larger than usual this 
year?” she asked Bon and .Toe, who were 
passing, on their way to the house. 
“Yes,” replied Ben. “Alice and Mar¬ 
garet insisted on planting about twice 
as much of everything as we really need. 
They were carried away by the pictures 
and descriptions in the seed catalogs, I 
suppose. I must say, though, that 
they’ve taken pretty good care of the 
garden. I suppose it w T as partly to blame 
for Alice’s breakdown.” 
“We’ve put up nearly all the pickles 
we need—I wonder if we couldn't sell 
some of these,” said Sarah. 
“Oh, I believe we could,” put in Mar¬ 
garet, who had come up in time to hear 
her sister’s remark. “I saw Mrs. Colby 
buying some at the store the other day, 
and they didn’t have as many as she 
wanted.” 
“And I believe we could sell other 
vegetables, too.” Sarah went on. 
“I haven’t time to" take them to town,” 
said Ben; “but I suppose you won’t 
mind taking them in and peddling them 
around, Sarah,” he teased. 
“I’ll do nothing of the kind,” she 
flashed back. “Joe will take them to 
town; won’t you, Joe?” 
“How much will you pay me if I do?” 
inquired Joe shrewdly. 
Sarah considered for a moment. “You 
may have a commission of ten per cent.,” 
she answered. 
“How much will that be?” 
“For every dollar’s worth you sell, 
you’ll get ten cents.” 
“All right. Say, can’t you get four or 
five dollars ready for me to take this 
afternoon ?” 
“You have a pretty good head for busi¬ 
ness, Sarah,” said Ben ; and Sarah found 
herself treasuring up this bit of praise. 
Sarah’s interest in the work did not 
fail as the weeks passed. In truth, she 
was more contented than she had ever 
been; she had little time to think of 
herself, and was surprised to find how 
much satisfaction may be found in doing 
for others. As the work kept her at 
home rather closely, she even found it 
necessary to refuse a good many of 
Dick’s invitations; and somehow, she did 
not care very much. She was beginning 
to learn that farm life was not unpleas¬ 
ant, after all. 
Robert found Sarah at home more 
often now than he had before Alice’s ill¬ 
ness ; and Sarah would have been glad 
to talk to him in the old, confidential 
manner, but there was no opportunity. 
The Willards considered Robert a guest 
of the whole family, and he seldom had a 
word alone with Sarah. When the op¬ 
portunity did come, one evening when 
Alice had gone for a drive with John 
Armstrong, and the others were occu¬ 
pied with their own interests, Robert was 
somewhat constrained, and it devolved 
upon Sarah to sustain the greater part of 
the conversation. 
“Ben tells me that they will have a 
course in agriculture in the Westfield 
schools next Winter,” she said, when 
other topics failed to interest him. 
“So I’ve heard,” was the laconic re¬ 
sponse. 
Sarah waited a little for further com¬ 
ment; but he made none, and she sug¬ 
gested, “That would be a good chance 
for you.” 
“Mr. Blair wants me to take it. I 
told him I’d think it over, but I’ve about 
decided to tell him to look for some one 
else.” 
“Now why? I think it would be fine. 
You could teach in the Winter and farm 
in the Summer.” 
“I did think of that, but father isn’t 
ready to give up the management of the 
farm for a few years. Besides, I want 
to be away from Westfield for awhile.” 
There was a tense silence for a moment, 
for each was conscious of his reason for 
farm from his products is generally con¬ 
sidered as between landlord and tenant 
as part of the realty, and the tenant has 
no right to sell it. The tenant has abso¬ 
lutely no right to sell lumber off the 
property. He may use enough for bis 
own fires. He cannot lay waste to the 
place. 
Rights in Underground Waters. 
I have a lot containing about an acre 
of land, in which there is a spring, sit¬ 
uated one rod from line fence. The vein 
of this spring is underground. My neigh¬ 
bor has dug a well directly above my 
spring, as close as possible to line fence, 
and three times the depth of my spring, 
intending to lead this water, through 
pipes, to his house, I think this will take 
the vein of my spring and eventually 
leave me without water in my house. 
Can I stop him, or must I allow him to 
lay pipes and perhaps lead my spring 
away? c. c. s. 
New York. 
You cannot stop him even though he 
eventually lead the water away from 
your spring. This spring comes under 
the head of what is known as “percolat¬ 
ing waters” which include all waters 
which pass through the ground beneath 
the surface of the earth without a definite 
channel, and not shown to be supplied 
by a definite flowing stream. The gen¬ 
eral rule is that percolating water is 
subject to the absolute disposition of the 
owner of the realty whore it is found; 
and there is therefore no correlative right 
on the part of an adjoining owner to 
have such water reach or flow into his 
land. Or in other words, “the owner of 
land on which a spring issues from the 
earth has a perfect right to it against 
all the world except those through whose 
land it comes, and has a right to it even 
as against them until it comes in conflict 
with their enjoyment of their own prop¬ 
erty.” The reasons are, that, as the 
water does not flow openly in the sight of 
the owner of the soil under which it 
passes, there is no ground for implying 
consent or agreement between the adjoin¬ 
ing proprietors, which is one of the 
foundations on which the law of surface 
streams is built; that a different rule 
would enable a lower proprietor to pre¬ 
vent the upper owner from using the 
water in his own soil, and expose him to 
loss and danger in making improvements 
on his own land; and a further reason 
is found in the indefinite nature of the 
right claimed and the great extent of 
obligation which would be incurred. You 
cannot be sure that your neighbor will 
strike your stream. It may percolate 
through your land above the stream. 
Surplus Money After Foreclosure. 
A forecloses a mortgage on D’s farm. 
At the sale there is quite a remainder or 
surplus that goes into the hands of the 
county treasurer. 1. How soon after the 
sale can it go into the treasurer’s hands? 
2. Application for this surplus by I) is 
made. Is this matter of application an 
intricate, long, expensive matter? 3. 
How long and probable expense, to be¬ 
come possessed of this surplus? 4. Can at¬ 
torney charge for making the application 
and charge also another fee, equally as 
large for paying the money over to D? 
New York. a. j. d. 
1. Within five days after it is received 
by the sheriff and the amount ascertained 
the surplus is paid to the county treas¬ 
urer unless otherwise ordered. 2. No, 
unless some one else claims to have 
some interest in it It necessitates the 
preparation of a petition and order. 3. 
It depends some on circumstances. At 
the most only a few days. 4. It is hard 
to give an opinion without knowing all 
the circumstances. One fee should cover 
the work—it was no effort to pay it over. 
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Caca 
Round 
Tread 
Case 
IJon- 
Skid 
Grey 
Tube 
Red 
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30x3 
S 9.40 
$10.55 
$2.20 
$2.50 
30x3/2" 
11.CO 
13.35 
2.60 
2.90 
32x3/4 
13.75 
15.40 
2.70 
3.05 
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19.C0 
22.30 
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