D*  RURAL  NEW. YORKER 
1 175 
Legal  Questions 
Rights  in  a  Spring 
A  owns  two  farms.  These  two  farms 
are  separated  by  two  pieces  of  pasture 
land  owned  by  B  and  C.  We  will  term 
A’s  two  farms  the  upper  and  lower  farms, 
for  the  one  is  much  higher  in  altitude.  A 
lives  on  the  lower  farm,  and  there  is  a 
lovely  spring  of  water  on  the  upper  farm. 
The  spring  runs  from  A’s  land  to  a  corner 
of  B's  pasture,  where  there  is  a  tub 
which,  after  being  filled,  allows  the  water 
to  run  on  down  the  ditch  to  a  corner  of 
C’s  pasture,  where  another  tub  is  located, 
which,  after  being  filled,  allows  the  water 
to  run  down  the  ditch  onto  A’.s  lower 
farm.  The  spring  does  not  noticeably 
diminish  even  in  a  drought,  but  runs  a 
stream  big  enough  to  furnish  10  farmers 
if  handled  right.  A  wants  to  put  a  pipe 
in  this  spring  and  have  water  for  his 
house  and  barns,  but  B  says  positively 
no.  A  does  not  have  to  run  onto  either 
B’s  or  C’s  land  to  pipe  the  water,  as  he 
can  follow  a  public  highway.  Can  B  use 
legal  means  to  stop  A  from  piping  this 
water  as  long  as  A  gives  B  as  much  as 
he  needs  to  use?  Neither  B  nor  C  use 
this  water  after  or  before  pasture  season, 
as  B  lives  half  a  mile  from  the  pasture. 
A  would  like  this  water  to  run  constantly 
in  cold  weather,  but  would  be  willing  to 
shut  down  in  the  Summer.  A  does  not 
want  to  get  into  the  clutches  of  the  law 
or  buy  pipe  and  then  be  unable  to  lay  it. 
A  owns  the  spring  in  question,  but  B  has 
had  nearly  a  full  stream  after  it  left  A’s 
land.  Can  B  demand  a  full  stream,  or 
just  Avhat  he  has  needed  or  will  need  to 
use?  D.  B. 
New  York. 
Underlying  waters  whose  sources  are 
not  well  defined  are  deemed  percolating, 
and  part  of  the  land  on  which  they  are 
found,  and  are  absolute  property  of  the 
owner  of  the  land  where  he  does  not  un¬ 
reasonably  injure  the  rights  of  others. 
The  right  to  appropriate  springs  and 
subterranean  waters  is  an  incident  of 
ownership  of  the  land,  but  the  absolute 
right  of  appropriation  as  against  other 
landowners  who  may  be  injured  thereby 
exists  only  to  the  reasonable  use  of  the 
water.  Ordinarily  percolating  water  be¬ 
longs  to  the  owner  of  the  land,  and  his 
use  thereof  to  the  detriment  of  his  neigh¬ 
bor  is  without  remedy.  N.  T. 
Expenditure  for  School  Repairs 
How  much  money  can  a  school  trustee 
raise  for  repairs  without  a  special  meet¬ 
ing?  At  our  annual  school  meeting  they 
decided  to  repair  the  sehoolliouse.  A 
committee  was  appointed  and  they  are 
repairing  it.  The  cost  will  be  in  the 
hundreds.  Not  more  than  half  the  tax¬ 
payers  were  at  this  meeting.  Have  they 
a  right  to  do  this  without  a  special  meet- 
ting?  E.  E. 
New  York. 
A  trustee  has  xiower  to  expend  an 
amount  not  to  exceed  $50  in  any  one 
yeaV  for  the  repair  of  the  sehoolliouse 
and  its  furniture,  etc.,  without  the  vote 
of  the  district.  Apparently  your  district 
voted  to  expend  more  than  that,  or  au¬ 
thorized  the  trustee  to  make  the  repairs. 
A  majority  of  the  voters  of  any  school 
district  present  at  an  annual  or  special 
meeting  duly  convened  may  authorize 
such  acts  and  vote  such  taxes  as  they 
shall  deem  expedient  for  additions,  alter- 
ations,  repairs  or  improvements  to  the 
building  or  sites  belonging  to  the  dis¬ 
trict.  No  addition  to  or  a  change  of 
site  or  purchase  of  new  site  or  taxes  for 
the  purchase  of  a  new  site  or  structure 
or  for  the  purchase  of  any  addition  to  a 
site  of  a  schoolhouse,  for  building  any 
new  schoolhouse  or  the  erection  of  any 
additions  to  a  schoolhouse  already  built 
shall  be  voted  at  any  public  meeting  in  a 
union  free  school  district  unless  a  notice 
of  the  board  of  education  stating  that 
such  tax  will  be  purposed  and  the  amount 
to  be  expended  shall  have  been  given. 
S’.  T. 
Chattel  Mortgages 
1.  Suppose  a  person  holds  a  chattel 
mortgage,  can  any  other  creditors  with 
an  execution  levy  on  the  mortgaged 
property  without  consent  of  mortgagee? 
2.  If  a  person  holds  a  chattel  mortgage 
and  the  property  is  destroyed  by  fire  and 
in  other  ways,  can  he  collect  the  debt 
just  the  same?  3.  Can  creditors  with  an 
execution  appoint  a  receiver  for  a  farm¬ 
er’s  property,  throwing  him  into  bank¬ 
ruptcy?  E.  w. 
New  York. 
1.  Not  if  your  mortgage  is  properly 
filed,  unless  they  sell  it  subject  to  the 
mortgage. 
2.  Yes,  if  the  party  giving  the  mort¬ 
gage  is  worth  the  amount. 
3.  No. 
oAnnouncing  the  JQ24*/ 
Oakland© 
■  a  +  ,a  a  AAi 
.  A  A  a  A. A  A  .A.  «A  A  A  Ai  A  A  rfb  A  . 
A  -*•  -*■  ^  -A.  A.  A.  A  A.  .A.  .a.  A.. 
Brand  JVeiv  and 
WmSmSKM 
Embodying  Exclusive  Features  of  Engineering  Design  and  Superior 
Coachwork  Never  before  Associated  with  Cars  of  Moderate  Price 
This  True  Blue  Oakland  was  deliberately 
planned  tobe  the  mostperfectly  balanced, 
the  most  accurately  engineered  and  the 
finest  built  light-six  in  the  world. 
Two  years  have  been  devoted  to  its  de¬ 
sign,  manufacture  and  test.  Two  years— 
plus  the  wealth  of  Oakland  experience 
gained  through  many  other  years  of 
exclusive  light-six  manufacture  and  the 
limitless  resources  of  the  General  Motors 
Corporation  in  money,  machinery, 
materials  and  men. 
From  axle  to  axle — it’s  new !  It  embodies 
features  of  mechanical  superiority — of 
beauty  and  comfort  and  performance— 
heretofore  unheard  of  in  cars  of  its  price! 
Every  single  part — from  the  new  engine 
to  the  new  bodies — was  designed  and 
built  to  fit  and  function  in  perfect 
harmony  with  every  other  part. 
And  because  it  has  been  so  carefully  de¬ 
signed,  so  soundly  built  and  so  thorough¬ 
ly  tested — Oakland  places  upon  it,  with¬ 
out  hesitation,  the  same  written  15,000 
mile  engine  performance  guarantee  and 
the  same  ^Aileage-Basis  gauge  of  value 
that  have  proved  the  quality  and  the 
value  and  the  excellence  of  Oakland 
cars  for  years! 
Four-Wheel  Brakes — Brand  New  Engine — New 
Bodies — Centralized  Controls — Disc  Steel  Wheels 
The  finest  light-six  is  now  also  the  safestl  Four- 
wheel  brakes  are  on  the  True  Blue  Oakland!  But 
four-wheel  brakes — remarkable  as  they  are  on  a 
car  of  Oakland’s  price — are  only  one  of  the  many 
improvements  and  refinements  built  into  this  new 
and  true  blue  carl 
It  has  a  brand  new  engine — smoother,  quieter  and 
more  powerful  than  even  its  highly  successful 
predecessor,  the  Six-44. 
its  beautiful  new  blue  bodies — built  by  Fisher — are 
wider,  deeper,  and  more  luxuriously  upholstered. 
The  top  is  permanent,  accommodating  a  distinctly 
new  type  of  door-opening  side  curtains  comparable 
Roadster  Touring  Car  Sport  Roadster  Sport  Touring 
in  anugnees  and  utility  to  the  door  of  a  closed  car. 
A  satin-wax  finish  stamps  the  open  models  with 
an  individuality  never  before  attained  in  cars  so 
moderately  priced. 
Instruments  are  grouped  on  a  single  glass-covered 
panel,  indirectly  lighted.  Controls  are  centralized 
on  the  steering  wheel.  Disc  steel  wheels  are  stand¬ 
ard  equipment,  at  no  added  cost. 
See  this  new  Oakland — see  it  at  once!  Come  with 
a  critical  mind — because  the  more  exacting  you 
are,  the  more  quickly  will  you  realize  that  no 
other  light-six  in  all  the  world  approaches  it  in 
dollar-for-dollar  merit. 
Business  Coupe  4-Passenger  Coupe  Sedan 
OAKLAND  MOTOR  CAR  COMPANY.  PONTIAC,  MICHIGAN 
Division 
of  General 
(Oakland! 
Motors 
A  Fleet  of  “True  Blue  Travelers ” 
— of  which  the  1924  Oaklands  are  exact  counterparts — 
is  engaged  in  a  nation-wide  demonstration!  With 
thousands  of  miles  of  test  service  already  on  their 
speedometers — they  are  out  to  demonstrate,  at  first 
hand,  the  high  quality  of  Oakland  construction,  and 
the  remarkably  efficient  performance  buyers  may 
expect  from  their  True  Blue  Oaklands. 
■  AAA  A  A  A  A  A.  A 
A  AAAA  ■ 
.Asl>  AAA. 
DB 
X.  T. 
