« 
The RURAL NEW-YORKER 
247 
Draining Through Neighbor's Land 
I have in one of my fields a low place, 
where water stands after rains. Have 
I the right to dig a ditch or lay a tile 
from the low place, following the course 
which the water takes when the low place 
overflows, which would discharge the water 
at a low point on my land, but at a place 
where it would flow across my neigh¬ 
bor's land to a creek? He objects to 
having the water flow across his land, 
but offers me the privilege of laying a tile 
across his land to creek. Have I a right 
to drain my cellar by a tile when my 
neighbor objects to the water flowing 
across his land? There is no other out¬ 
let. h. M. s. 
Virginia. 
An owner who improves his land for 
the purpose for which such land is ordi¬ 
narily used, doing only what is necessary 
for that purpose, and being guilty of no 
negligence in the manner of doing it, is 
not liable to an adjoining owner. A land 
owner cannot, however, drain low, swampy 
land, on which water naturally collects 
and stands, by digging ditches and 
trenches so as to cast it upon the land 
of his neighbor, to the injury of the lat¬ 
ter. This rule applies to your cellar as 
well as to the other property. n. t. 
Removing Manure from Farm 
If a man buys a farm on a contract, 
can he sell or draw 7 the manure away 
from the farm? A neighbor has done so. 
The man who sold him the farm forbade 
him drawing it away, but he continues 
to do so. What can the man who sold 
Qualifications for Jury Duty 
What are the qualifications necessary 
to be eligible to jury duty outside New 
York City? Must a man be a property 
owner in his own right? Is a man eli¬ 
gible who has an interest as an heir in 
an estate, same being still held as such, 
it being understood, of course, that he is 
of age? \v. j. ji 
Chester, N. Y. 
In order to be qualified to serve as trial 
juror in a court of record, a person must 
be: A male citizen of the United States, 
a resident of the county, not less than 
21 nor more than 70 years of age, as 
sessed, for personal property belongin 
tu him. in his own right, to ‘the amount 
of $250; or the owner of a freehold es¬ 
tate in real property, situated in the 
county, belonging to him in his own right 
of the value of $150; or the husband 
of a woman who is the owner of a life 
freehold estate, belonging to her in her 
own right. He must be in possession ol: 
his natural faculties, not infirm or de 
crepit, free from all legal exception; of 
fair character; of approved integrity; of 
sound judgment and well informed. But 
a person who was assessed, on the assess 
ment roll of the tow 7 n, for land in his 
possession, held under a contract for the 
purchase thereof, upon which improve 
ments, owned by him, have been made to 
the value of $150 is qualified to serve as 
a trial juror although he does not possess 
the other qualifications in regard to prop 
erty hereinbefore set forth. A freehold 
estate may be briefly defined as an estate 
for the term of one’s own life or the life 
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Marketing the Product Direct to the Consumer 
him the farm do? He only paid in about 
$100. I think. c. J. c. 
New Jersey. 
The rule as to the right to remove 
manure from a farm seems to be different 
in the case of vendor and purchaser from 
what it is in the case of landlord and 
tenant. A purchaser of a farm under a 
land contract has the equitable title to 
the property, and there seems to be no 
reason why he cannot sell the manure 
therefrom if he sees fit to do eo, in the 
absence of a provision in the contract of 
sale to the contrary. The vendor made 
an error when he sold the farm upon the 
first payment of so small a sum, as $100, 
if he did not fully protect himself in his 
contract of sale. Where the first pay¬ 
ment is less than the actual rental value 
of the property for a year, the vendor 
should even provide in the contract of 
sale as to the number of acres to be 
plowed, for it can be readily seen that 
an unprincipled person, who has been 
renting property all his life, would be 
watching for chances to buy a farm on 
a land contract where the amount he 
would have to pay down would be less 
than the rental value of a farm for a 
year. In such a case he might plow the 
whole farm, remove the crops and move 
away at the end of the year, and if he 
had no property the vendor would have 
no way of making good his loss. N. T. 
of another, and does not include a tenant 
for years. One who has a greater estate 
than for life or for the life of another 
also has a freehold estate. 
Water Pipes on Highway 
I would like to pipe water from the 
city water main to my farm. I shall have 
to come along the highway. Can the 
owner of the farm stop me? He owns 
both «ides of the road. t. w. w. 
New York. 
Assuming that the highway you men¬ 
tion is a public highway, it is at least 
three rods and perhaps four rods in width. 
If this is true, you undoubtedly could 
obtain permission from your town super¬ 
intendent of highways to lay a pipe within 
the bounds of the highway. You might 
be required by the town to enter into an 
undertaking to relieve them from all lia¬ 
bility for damages sustained by reason of 
the excavation. 
Debt of Life Tenant 
A owes me a thrashing bill of $200. 
and has done so tw T o years. The farm 
he works waG left to his wife for life 
use, then goes to the heir, who happens 
to be a son. A has nothing I can collect 
for this bill in his name. At his and 
his wife’s death can I collect a thrashing 
bill from the estate? r. yx. 
A life tenant cannot incur debts that 
w T ould be a charge upon the real property 
after his death. This would be a mani¬ 
fest injustice to the remainder man. 
Place your claim in judgment, and un¬ 
doubtedly you can make collection by ex¬ 
amining the debtor in proceedings sup¬ 
plementary to execution. It will be 
necessary to employ an attorney for this. 
Right to Cross Property 
In 1843 a certain II gave or sold to A 
the right to “pas« across” a certain piece 
of land to reach property that said A 
owned, across a small river, that formed 
the east boundary of H’s property. Both 
properties have passed through several 
hands, I now 7 owning the former H prop¬ 
erty. Can the present owners of the for¬ 
mer A property divide it up into several 
plots and give each of these new owners 
the right to pass aero.se my property? 
Connecticut. g. g. h. 
It would depend entirely upon the na¬ 
ture of the instrument given by II to A, 
and the language employed. If the in¬ 
strument was in nature of a deed and was 
drawn to A and his heirs and assigns, 
there is no doubt that the persons who 
derived title from him would step right 
in his shoes. If this instrument was re¬ 
corded, you can examine the same by ap¬ 
plying to your registrar of deeds. 
Teacher : “How is it that you can 
only count ten. Jimmy?” Jimmy; 
“ ’Cause that’s all the fingers I’ve got ” 
—Credit I.ost. 
'here is 
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