Jht  RURAL  NEW-YORKER 
925 
I 
Legal  Questions 
Ownership  of  Window  Screens;  Tax 
Exempt  Forest  Land 
We  sold  our  farm  and,  understanding 
that  such  was  the  law,  left  all  shades 
(window),  screens  and  screen  doors  for 
the  new  occupant.  The  people  who 
bought  the  place  were  from  a  city  and 
they,  too,  on  selling  their  city  home,  left 
all  shades,  screens  and  even  storm  win¬ 
dows,  there.  We  purchased  another 
farm.  When  we  looked  at  it  there  were 
screens,  screen  doors,  and.  shades  (the 
latter  not  much  good,  so  intended  pur¬ 
chasing  new  ones).  When  we  reached 
here,  found  the  people  had  taken  every¬ 
thing  in  sight.  They  say  they  were  sim¬ 
ply  tenants  and  had  bought  the  things 
themselves,  so  were  entitled  to  them.  W  e 
have  purchased  new  shades  and  are 
screening  at  our  own  expense,  but  won¬ 
der  what  the  law  is  on  the  subject.  I 
should  think  that  the  tenants  would  be 
responsible  to  the  man  for  whom  they 
worked — the  one  from  whom  we  bought 
the  farm.  Also,  what  is  the  new  law  we 
hear  about  on  this  subject :  There  are 
about  81  acres  of  woodland  which  is 
growing  into  timber  and  has  not  been 
touched  for  12  years,  neither  has  it  been 
pastured.  We  understand  that  there  is 
a  new  law  which  exempts  woodlots  from 
taxation  if  left  to  grow  into  timber  and 
not  pastured.  Is  that  so?  m.  m.  m. 
New  York. 
Usually  window  shades  and  screens  are 
removable  if  they  are  not  so  attached  to 
the  building  as  to  be  a  part  of  the  free¬ 
hold  itself;  that  is,  not  removable  with¬ 
out  injury  to  the  freehold. 
Section  57  of  the  conservation  law  pro¬ 
vides  that  the  owner  of  waste,  denuded 
or  wild  forest  lands  of  the  area  of  five 
acres  or  upwards  in  this  State  which  are 
not  suitable  for  agricultural  purposes, 
who  shall  agree  with  the  commission  t  * 
set  apart  for  reforestation  or  for  forest 
tree  culture  such  forest  lands,  may  apply 
to  the  commission  to  have  such  lands 
classified  as  suitable  for  reforestation.  If 
such  lands  come  within  the  provision  of 
this  section,  and  if  accepted  by  the  com¬ 
mission,  they  shall  be  exempt  from  taxa¬ 
tion.  N.  T. 
Adopted  Child’s  Inheritance 
A  girl  at  the  age  of  seven  is  legally 
adopted  by  a  couple  who  never  had  chil¬ 
dren  of  their  own,  remaining  with  them 
until  two  years  after  being  of  age.  They 
take  all  her  earning  from  time  she  is  14 
years  of  age  until  of  age.  The  adopted 
father  then  dies,  leaving  his  wife  an  es¬ 
tate  of  $12,000.  She  then  dies,  leaving  a 
will  bequeathing  her  friends  and  rela¬ 
tives  all  of  her  estate,  not  mentioning 
her  adopted  daughter  in  her  will.  If  this 
girl  files  claim  against  the  estate,  how 
much  can  she  claim  of  it?  Can  she 
claim  anything  of  the  estate?  When  this 
girl  was  adopted  she  was  given  her  adopt¬ 
ed  parents’  name,  but  was  married  by 
her  parental  name.  Being  married  by 
her  parental  name  and  not  adopted  name, 
could  the  executors  bar  her  out  of  her 
share  of  this  property?  If  the  estate  is 
composed  of  real  estate  and  personal 
property,  can  this  girl  only  claim  real 
estate,  or  can  she  claim  a  share  of  both? 
New  York.  E.  b. 
The  foster  parent  or  parents  and  the 
person  adopted  sustain  toward  each  other 
the  legal  relation  of  parent  and  child,  and 
have  all  the  rights  and  subject  to  all  the 
duties  of  that  relation,  including  the  right 
to  inheritance  from  each  other.  If  your 
foster  father  did  not  leave  a  will  it 
would  we  well  for  you  to  be  appointed  ad¬ 
ministratrix  and  find  out  what  has  hap¬ 
pened  to  his  estate.  N.  t. 
Impounding  Trespassing  Cattle 
A  neighbor’s  cattle  continuously  tres¬ 
pass  upon  farm  lands,  destroying  grass 
and  growing  crops.  This  has  continued 
without  redress  for  two  or  three  years. 
Can  we  hold  the  cattle  (impounded)  and 
demand  $2  per  head  before  releasing 
them?  Can  we  legally  release  all  but  one 
head  of  the  trespassing  cattle  and  hold 
the  one  as  security  for  the  payment  of 
impounding  fees  for  the  whole  lot?  If 
one  head  is  thus  held  and  the  parties  fail 
to  pay  to  redeem  the  one  held,  what  can 
be  done  with  this  head  of  cattle?  Can 
same  be  sold  and,  if  so,  must  the  sale  be 
by  public  auction  or  can  it  be  perma¬ 
nently  held  as  our  property,  or  privately 
sold?  T.  s. 
New  York. 
“Whenever  any  person  shall  have  any 
strayed  horse,  cattle,  sheep,  swine  or 
other  beast  upon  his  inclosed  land,  or 
shall  find  any  such  beast  on  land  owned 
or  occupied  by  him  doing  damage,  and 
such  beast  shall  not  have  come  upon  such 
lands  from  adjoining  lands,  where  they 
are  lawfully  kept,  by  reason  of  his  re¬ 
fusal  or  neglect  to  make  or  maintain  a 
division  'fence  required  of  him  by  law, 
such  person  may  have  a  lien  upon  such 
beasts  for  the  damage  sustained  by  rea¬ 
son  of  their  so  coming  upon  his  lands  and 
doing  damage,  for  his  reasonable  charges 
for  keeping  them,  and  all  fees  and  costs 
made  thereon,  and  he  may  keep  such 
beasts  until  such  damages,  charges,  fees 
and  costs  are  paid,  or  such  lien  is  fore¬ 
closed  upon  complying  with  the  provis¬ 
ions  of  this  article  relating  thereto.” 
If  such  beasts  are  not  redeemed  within 
five  days  after  coming  upon  such  lands, 
the  person  entitled  to  such  lien  shall  de¬ 
liver  to  the  town  clerk  a  written  notice 
containing  the  description  required  by 
Section  381  of  the  town  law\  Within  30 
days  after  such  beast  may  have  come  or 
been  found  upon  any  lands,  the  owner  or 
occupant  of  the  land  shall  serve  a  written 
notice  upon  the  owner  of  the  beasts,  as 
provided  by  Section  3S3  of  the  town 
law,  and  if  the  persons  interested  cannot 
agree  as  to  the  amount  of  the  damage, 
such  damages  shall  be  determined  by  the 
fence  viewers  of  the  town. 
This  applies  solely  to  beasts  which 
come  from  adjoining  lands,  and  does  not 
apply  to  cattle  which  stray  from  the  high- 
way. 
The  proceedings  are  somewhat  intri¬ 
cate,  and  we  would  not  advise  you  to 
undertake  it  without  the  aid  of  an  attor¬ 
ney.  N.  T. 
Disputed  Boundary  Lines 
B  bought  a  farm  in  1878,  consisting  of 
two  plots,  A  and  B.  Plot  A  has  been 
bought  and  sold  several  times  since  1878. 
About  24  years  ago  C  bought  two  acres 
from  Plot  A.  Line  between  the  plots  has 
been  treated  as  a  line  for  over  50  years. 
A  pasture  fence  has  been  maintained 
along  said  line  from  that  time.  Last 
Spring  C  bought  two  more  acres  from 
Plot  A,  and  had  his  land  surveyed  and 
measured  into  the  pasture  of  B  about  20 
ft.  or  more.  C  tore  down  B’s  fence  and 
put  up  one  on  new  line.  As  B  is  already 
short  over  one-half  acre,  is  B  obliged  to 
surrender  this  plot,  and  perhaps  a  strip 
the  whole  length  of  farm?  The  surveyor 
for  C  claims  B  must  surrender  plot  to  C. 
Farm  C  is  now  an  undivided  estate.  If 
B  must  surrender  said  strip,  where  can 
he  be  compensated?  Can  a  straight  line 
between  two  farms  which  has  been  main¬ 
tained  for  over  20  years  be  changed? 
New  York.  H.  J.  s. 
From  your  statement  of  facts  we  would 
say  that  you  would  have  a  right  to  re¬ 
move  the  obstruction  placed  on  your  land 
by  C.  The  line  seems  to  be  well  estab¬ 
lished.  Of  course  we  are  taking  your 
word  entirely  for  the  facts.  The  sur¬ 
veyor  cannot  make  you  give  up  your  land, 
for  that  is  a  job  for  the  courts  after  it  is 
found  that  you  have  encroached  on  the 
lands  of  another.  If  your  land  is  valu¬ 
able  enough  to  warrant  a  lawsuit,  it 
would  seem  that  your  chances  of  win¬ 
ning  would  be  good,  but  it  would  be  nec¬ 
essary  for  you  to  take  the  matter  up  with 
an  attorney  in  your  locality  and  be 
guided  by  him  in  your  final  analysis. 
N.  T. 
Fence  Problems 
Two  years  ago  A  wanted  fenced  pas¬ 
ture  and  served  neighbor  B  with  notice. 
A  and  B  talked  it  over  and  went  ahead 
building  and  repairing  the  line.  B  had 
suggested  surveying,  but  A  did  not  agree, 
as  he  merely  wanted  a  fence  to  turn  cat¬ 
tle.  At  the  time  of  building,  A  and  B 
agreed  that  any  kind  of  wire  or  fencing 
to  turn  stock  would  suffice.  B’s  fence, 
which  he  had  repaired  with  telephone 
wire,  lets  A’s  cows  through.  B  locks 
the  cattle  into  his  barn  and  asks  a  sum 
of  money  for  each  animal,  or  else  turns 
the  stock  further  down  away  from  A’s 
home.  A  has  served  B  with  another 
paper  to  repair  his  fence,  but  B  refuses 
until  A  has  put  up  “lawful”  fence.  What 
is  a  lawful  fence?  Can  B  compel  A  to 
tear  down  his  new  line,  built  two  years 
ago,  with  barbed  wire  (please  note  the 
agreement,  not  witnessed)  ?  Is  there  any 
way  for  A  to  compel  B  to  repair  fence 
without  a  civil  suit?  If  B  locks  stock 
into  his  barn,  how.  can  A  recover  the 
.same — the  cattle  going  through  B’s  un¬ 
repaired  fence?  Can  B  make  A  have 
suveyance  made,  and  how  about  the  pay¬ 
ment  for  same?  c.  c. 
New  York. 
Each  of  the  owners  of  two  adjoining 
tracts  of  land,  except  when  they  other¬ 
wise  agree,  shall  make  and  maintain  a 
just  and  equitable  portion  of  the  division 
fence  between  such  lands,  unless  both  of 
said  adjoining  owners  shall  agree  to  let 
their  said  lands  lie  open.  If  any  person 
who  is  liable  for  the  erection  or  repair  of 
a  division  fence  shall  neglect  or  refuse 
to  maintain  his  portion  of  such  fence  he 
shall  be  liable  to  pay  the  party  injured 
for  such  damages  as  shall  accrue  thereby. 
If  he  shall  neglect  to  maintain  or  re¬ 
pair  his  fence  after  30  days’  notice,  the 
other  party  may  build  the  same  and  re¬ 
cover  the  expense  and  cost  by  action. 
A  proper  fence  is  one  so  built  as  it 
will  be  proper  and  suitable  to  restrain  the 
animals  which  are  usually  pastured  on 
lands  adjoining  thereto.  Barbed  wire 
may  be  used  in  the  construction  of  a 
division  fence  if  written  consent  be  ob¬ 
tained  from  the  adjoining  owner.  If  it  is 
refused  it  may  be  built  in  the  following 
manner :  The  fence  shall  be  of  at  least 
four  strands  of  wire,  with  a  sufficient 
bar  of  wood  at  the  top,  and  the  size  of 
such  top  bars  and  of  the  posts  and  sup¬ 
ports  of  such  fence  and  their  distance 
apart  shall  be  such  as  the  fence  viewers 
of  the  town  may  prescribe,  and  with  the 
posts  no  further  apart  than  14  ft. 
N.  T. 
A  new  model  — 
% 
always  in  focus 
Pictures, 
2lA  x  4lA  inches 
Price  $iy 
No.  1A  Pocket  Kodak  Series  II 
For  pictures  you  will  want  to  make  on 
the  farm,  whether  for  pleasure  or  business, 
here  is  a  Kodak  that  hits  the  mark. 
It  is  strikingly  simple  to  operate — just  open  the 
camera,  pull  down  the  bed  and  the  fixed  focus  lens 
springs  into  picture-making  position  with  a  snap.  It 
is  strictly  sized  to  fit  the  pocket  and  neatly  finished 
to  please  the  eye. 
Many  pictures  that  you  will  make  need  the 
date  and  title  to  complete  their  usefulness — photo¬ 
graphs  of  crops  and  livestock,  for  example.  By 
means  of  the  autographic  attachment,  found  on  all 
Kodaks,  you  can  write  the  date  and  title  on  the  film 
at  the  time  of  exposure  and  the  picture  becomes  a 
complete,  authentic  record. 
At  your  dealer's 
Eastman  Kodak  Company,  Rochester, N.Y. 
MARYLAND  HAS— 
321  days  of  sunshine  every  year. 
185  growing  days — 45  inches  of  rainfall. 
Maryland  is  a  land  of  Good  Farms — Good  Roads— 
Good  Schools— Good  Homes— Good  People. 
Maryland  is  one  of  the  garden  spots  of  the  world. 
Farming  pays  in  Maryland  and  good  farm  land  is  still  available 
at  reasonable  prices.  Our  catalog  of  farms  and  country 
estates  will  interest  you.  Sent  free.  Address:  Dept.  C. 
CHAS.  H.  STEFFEY.  Inc. 
336  N.  Charles  Street_ Baltimore.  Md. 
Delivered  prices  Quoted  on 
request. 
THE  E.  BIGLOW  CO.,  New  London,  0. 
