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Amendments to the Stock Trespass Laws 
[We recently asked our New York readers to give 
their experience with trespassing stock and suggest 
amendments that would help.] 
I HAVE just been reading, on page 1372, article 
relative to stock trespassing. There are so many 
features in connection with the matter of stock tres¬ 
passing, such as poor fences, unruly stock, careless¬ 
ness, accidents, etc., that it seems almost impossible to 
frame a law that would cover the whole ground and 
do justice to all concerned. As for me. I am situated 
where we are bothered quite a little with stock run¬ 
ning onto us. Reason? There are several men who 
take in young stock, and are then careless in looking 
after them. 
But when stock gets on the crops, and there is no 
other way. we take care of them as we would our 
own, find the owner, and let him take care of them. 
If he feels disposed to settle, we allow him to name 
the amount. If he thinks there is no damage we 
simply ask him to look after the stock in the future, 
and try to forget it. This has been the custom on 
this farm for a long time, and this past season 
especially we have been almost entirely free of this 
bother. 
Now I just wish to make a suggestion relative 
to hunters. Would it be wise to change this law 
so as to do away with all the trouble of keeping a 
farm posted by simply requiring the 
hunter to present a blank permit (same 
to be furnished in quantities by town 
clerk or the official who issues the 
hunting license) to the farmer or who¬ 
ever has charge of the property, and 
obtain his consent to hunt on said farm 
by their signature on the permit? 
Wyoming Co., N. Y. l. g. bowen. 
I do not know what the law is in 
this State for trespassing cattle, but 
will say T do not think any man should 
have a right to shut up his neighbor's 
stock and do any damage to them, nor 
should he have a right to appraise the 
damages himself, but get two men who 
are not interested in either party to 
appraise the damages, and let. him pay 
for same, if he is to blame for the 
fences being down. If the other man 
is to blame for the fence being down, 
he has “no kick coming.” 
1 hdaware Co., N. Y. euge.ne chase. 
Your suggestion concerning the tres¬ 
pass law is very pertinent, and Que of 
which I can speak, as having been 
“through the mill.” My farm is located 
in Sullivan County, and a large part 
of our neighbors are people the major¬ 
ity of which insist on the privilege of 
allowing horses and cattle to run at large during the 
night, and hunt them up in the morning. I will not 
discuss this from their point of view, but as one of 
a community who believes that stock should be cared 
for. There are different methods of procedure for 
damages; impound the stock and hold for damages, 
oi bring an action before a peace officer for settle¬ 
ment of suit, holding stock in meantime. The redress 
is tb replevin the stock and settle the matter of un¬ 
just procedure and detention. This protects the 
owner, as he can obtain possession of stock at once, 
but must do so inside of three days. With the peo¬ 
ple I mention all kinds of talking, threatening and 
admonition seems of no avail, but a little payment of 
from $1 up seems very effective and prompts the 
effort of controlling the trespassing animals. The 
sections governing the procedure are set forth very 
plainly in the “town law.” a. d. et.t.er. 
Sullivan Co., N. Y. 
I read article on page 1372, “A New Law for Tres¬ 
passing stock.” I am not posted on the action or 
suit that R. G. mentions, but will agree with him on 
the Golden Rule, but beg to differ when he states 
that the present law is too drastic in our New York 
State regarding cattle pasturing along the highways 
are (now a thing of the past). My experience in 
New York State is that I find cattle running at large 
is an everyday occurrence. 
Being a newcomer to New York State, the first 
thing that impressed me was the absence of road 
fences, which, I understand, is not compulsory. But 
here is my first year’s experience on a farm with a 
road fence, or was fenced until stray cattle broke 
ir down! Beginning in August, when their pastures 
were getting dry and bare, one of my neighbor's 
10-cow dairy got breaking out of their pasture (said 
W* RURAL NEW-YORKER 
pasture fence being one having many rotted-off posts, 
propped up). As long as the owner’s crop was in 
the fields, they did try to herd the cattle or keep 
them in the pasture, but when their crop was in the 
barn, it did not matter about the farmer across the 
road, whether their cows broke through his fences 
into that nice corn he was growing for Winter use 
to help out a short hay crop. My jvife was chasing 
cattle while I was in a back lot digging potatoes 
till she rebelled. Then I got busy, with poor re¬ 
sults, and to cap it all, for two days I had 14 cows, 
three horses of two other neighbors following my 
potato digger, and when my two hired men (at $3 
per day and board) were not chasing cattle they 
were picking up potatoes. This potato lot was not 
fenced, and when I would look towards the corn lot 
and see the first named herd filling up, it makes a 
man forget the Golden Rule and what good lie 
learned at Sunday school. Then when I get down to 
bed-rock and talk to this kind of neighbors, I am 
called a crank, grouch, etc. 
What I call this kind of people is mighty poor 
neighbors, poor citizens and a disgrace to the county 
they were born in. r rhese conditions do actually 
exist in New York State. Are the present laws too 
drastic? I say no. 
Then, further, what are your herd laws regarding 
scrub bulls running at large? I have seen three 
A Suggested Legal Remedy 
After a cursory examination of the sections of the 
town law affecting this subject, it appears to me 
that an efficient and fair remedy for these hardships 
can be suggested. As the law now stands, it makes 
the owner of the land the sole judge of the damage 
done by the strays where their immediate release 
is desired. It is certainly unfair to the owner of 
the strays to have nothing to say as to the damage 
done by his animals, or further to defend their 
action or contradict any matter in controversy. 
While it is true that these questions can be settled 
when the lien is foreclosed, no one wants to wait 
three months or more to settle his disputes. In any 
event, the amount recoverable in an action of this 
class is limited to the proceeds of the sale of the 
animals on the foreclosure of the lien. It would 
appear that a quick and suitable remedy could be 
effected in the following manner without injury to 
any party, and incidentally the instrumentality of 
the courts be resorted to, to furnish compensation 
for any injury. Suppose A’s cattle are found on it's 
land. B will have the right to hold the cattle, for 
he has a lien on them for his damages. A should 
be privileged to appear before some public official 
and tile a bond with another property owner as co¬ 
surety. equal to the amount claimed as damages, 
but in no case in excess of the value of the cattle. 
An affidavit of appraisal by a disin¬ 
terested party as to the value of the 
cattle could also be filed where the 
value of said cattle is in dispute. Upon 
filing such a bond, A can have posses¬ 
sion of his cattle. This leaves the par¬ 
ties interested properly protected, and 
the party injured must resort to his 
action in court and prove his damages. 
There should be a limit of time, how¬ 
ever, for the commencement of the 
SUitS. H. CIVILETTI. 
New York 
A Window- Garden for House /’louts. Fi(/. 625 
along the road, and when children were walking to 
school. I would offer this amendment: That every 
town in a county have two or more poundkeepers, 
said poundkeeper to seize and herd stray cattle and 
look after or hire help to look after same, and make 
a charge to owners when claimed to defray time and 
expenses. Probably a poundkeeper would only be 
called once or twice a year. I do not think a neigh¬ 
bor or an adjoining farmer would call on the pound- 
keeper if they knew that he or they did their best 
to keep their stock at home. But in spite of care a 
man’s stock may get loose occasionally. Tt is these 
careless, poor citizens, as I call them, we have to 
protect ourselves from. s. c. J. 
Cattaraugus Co., N. Y. 
Your comment on the article “New Live Stock 
Laws Needed,” page 1348, may well be made to 
cover purebred bulls as well as scrubs. One of the 
adjoining owners to my farm, although himself for 
30 years a prominent breeder of purebred cattle, and 
enjoying national fame as such, having served his 
cattle breeders’ association as president and an¬ 
swered calls as judge as far distant as Texas and 
the Pacific coast, has permitted his hulls to range 
pastures adjoining his neighbors, and when his bull 
breaks into his neighbor's field, doing the irreparable 
damage to his neighbor’s purebreds, in answer to 
protests against his conduct, gives his neighbor the 
laugh, or tells him how many pounds of fat the 
offending animal has to his credit, instead of con¬ 
cerning himself about how much honor such be¬ 
havior leaves f o his own personal credit. Such ex¬ 
periences emphasize the need of protection from 
the depredations of purebreds as well as against 
scrubs. u. t. s. 
New York. 
Garden Notes from New Eng¬ 
land 
C HRISTMAS GREENS.—Not a few 
farmers and other country dwell¬ 
ers in New England are finding some 
profit in the sale of greens for Christ¬ 
mas decoration. While spending a 
little time in the establishment of a 
wholesale florist in Boston, I have seen 
man after man come in to offer holly, 
prince's pine, laurel and such stuff 
from the woods for the holiday trade. 
To tell the truth, these men did not get 
a great amount of encouragement. 
Most of the big dealers have organized 
sources of supply, and do not like to 
bother with small lots. In any event, 
they want to buy cheap, cheaper than the farmer 
ought to dispose of material of this kind. Many 
farmers’ wives in different sections make up wreaths 
which bring them in considerable money. In most 
sections where laurel abounds there are professional 
gatherers, who harvest it in large quantities. .So 
much laurel is being gathered in this way that 
serious protests have been made by the lovers of 
wild flowers, who feel that the woods Avill he de¬ 
nuded before many years unless present methods 
are changed. Prince’s pine used to be in great de¬ 
mand. In some parts of the country it is still used 
widely by the florists, the supp-/ coming largely 
from Pennsylvania. The florists of New England 
have substituted boxwood to a large extent. This 
boxwood they get mostly from Virginia. Holly is 
always in demand, and brings a high price, especially 
if berried. Any farmer who has a few holly trees 
on his place can be sure of finding a market for as 
large a crop as he wants to harvest. Much holly 
comes to New England from the South, but will 
lack in berries this year, due to the fact that the 
blossoms were largely killed by a Spring frost. People 
often wonder why there are never any berries on 
certain holly trees. The explanation is found, as a 
rule, in the fact that holly is dioecious, to use a 
botanical term, which means that it does not bear 
male and female flowers on the same plant. Only 
the female trees have berries, and even they will 
remain barren if not so placed that they can be 
P rope r 1 y fe r t i 1 i z ed. 
FLOWERS FOR THE HOUSE.—The average 
man protests, and with good reason. I think, against 
having the sitting-room windows filled with flowers 
to such an extent that he cannot get near them. At 
the same time many a good housewife finds constant 
delight and recreation in her plants. They may 
