The New Bloomfield, Pa. times. (New Bloomfield, Pa.) 1877-188?, May 10, 1881, Page 6, Image 6

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    THE TIMES, NEW BLOOM FIELD, PA., MAY 10, 1881.
ht Sloomfieltr S-imcs.
HOUSE, FARM AND GRDEtf .
The Law of Division Fences.
The fourth annual report of the Penn
sylvanla Hoard of Agriculture will con
tain a valuable article on "Farm Fences
and Ways Over the Farm," au advance
copy of which has been received through
the courtesy of Thomas J. Edge, secre
tary of the Btnte Board. It goes Into
the legal aspect of the case very thor
oughly, and gives the former and exist
ing legislation on this subject. There Is
a good deal of confusion In the minds
of the average agriculturalists as to his
individual rights and his duties towards
his neighbors.
Partition fences are expressly provid
ed for by a statute passed March 11,
1842, which provides "that when any
persons Bhall improve lands adjacent to
each other, or when any person shall
enclose any lands adjoining anotbr's
land already fenced in, so that any part
of the first person's fence becomes the
partition fence between them, in both
these cases the charge of such division
fence, so far as It enclosed on both
sides, shall be equally borne and main
tained by both parties."
The same act make the auditors of
the towushlp.fence viewers, who, upon
due notice shall examine such fences
and state in writing whether, in their
opinion, the fence of one already built
is sufficient, and, if not, what portion of
the expense of building a new one
or repairing the old one shall be borne
by the several parties. The opinion of
, the viewers is to be delivered in writing
and if after ten days either of the par
ties refuse to comply with its provisions
the aggrieved party has the right to
build or repair it, and bring suit against
the delinquent before any justice of the
peace or alderman for the labor and
material. If, therefore, one farmer does
not keep his part of the line fence in
good order, he .cannot recover damages
if his neighbor's cattle trespass, as he
sutlers through his own neglect.
When, however; the cattle of one
farmer escape through the defective
fence of his neighbor and trespass upon
the lauds of a third party, the latter
can recover against the first, even tho'
the fences of the first are good, as at
common law a mau is bound to keep
his cattle on his own land. The only
recourse in Buch a case is against the
neighbor through whose negligence
the damage occurred. If stock is turn
ed into a public highway, or if through
the neglect of a passer-by bars are let
down and the cattle escape into the road
and wander upon the lands of others,
the owner is responsible for the damage
they may cause. When, however, cattle
are driven along a public road and they
run upon the lands of another without
any fault of the owner, and the latter
drives them oft as Boon as he can, he is
not liable for damages, because every
one has a right to transact a legltimates
business on the highways.
Under the provisions of the act of
1700, still in force, it has been held that
unless cultivated lands are properly en
closed the owner cannot maintain tres
pass for damages. The owner of im
proved lauds must protect them against
the roving cattle of his neighbors, other
wise he has no legal recourse. In this
State fences are required to be not less
than five feet high, of rail or logs, and
sufficiently closed at the bottom. To
recover damages it is only necessary to
have the testimony of practical meu
that the fence is sufficient.
When the owners of adjoining prop,
erties caunot agree about erecting di
vision fences they are mutually liable
for the trespass of their cattle. Where
a division fence has stood for twenty
one years it can only be removed by
the consent of the joint owners, and
neither party strange to say, has
any ownership in the material of the
part erected by himself. One of the
owners of unimproved land cannot ask
the other to contribute to the cost of
. putting up a division fence. The obli
gation to erect division fences exists on
ly wbere the lands of both parties is
improved, as it would be unjust to the
owner of unimproved land tJ compel
him to assist in protecting that of his
neighbor while lie derived no benefit
from the transaction himself. No man
however, is compelled by law to build a
fence on the dividing line between him
self and bis neighbor. lie can, if he
prefers, build a fence of his own but he
must build it entirely on his own land
must retain and keep it in repair, and
if his cattle breaks through and trespass
on the land of another he is liable for
damages. Wbere division lines pass
through wooded lands, neither owner
is obliged to put up a fence.
Railroad companies are not required
to fence their roads, neither are they
liable to the owners for stray cattle that
may be killed. Even though cattle es
cape from a properly enclosed lot and
are killed, the railroads are not liable.
Even where a railroad company in buy
ing the right of way obligates itself to
fence in its tracks through the seller's
lands, but neglects to do so, when the
stock of the latter strays upon the track
and ts killed, ine owner caunot recover
for the injury in any action of tort.
These are the important laws now in
force governing this question ordivlsiou
fences, which all farmers will do well to
bear in miud. Luncanter New Era.
CURES
DYSPEPSIA.
LIVER
COMPLAINTS,
&
HEART DISEASE
CURES
ALL DISEASES OF
THE STOMACH,
KIDNEYS, SKIN,
I
BLOOD.
(TRADE MARK.)
CURES;
i Jh8iep8i(t, Liver
. Diseases, Fever C
t A a tie. liheuma-
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The Eest REMEDY KNOWN to ManI
11,000,000 Bottles
SOLD SINCE 18T0.
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entinu the fermentation of food pre
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There ore no spirits employed In Its mnnn.
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DRUGGISTS SELL IT.
3L.nljora.tor-, 77 West 8d St.,
NEW YORK CITY.
Liver and Kidney Diseases.
Mpciujiicsiiuro, Cumberland Co., Pa.
Pear 81 r: This Is to certiry that vour I N 1)1 AN
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Sure Cure for Dyspepsia.
MBenAKit'SiiL'RO, Cumberland Co., Pa.
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S AMI EL BATTORFF.
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An Excellent Remedy.
Yeaoertowh, Mllllln Co., Pa.
1par Sir:-
Havlne thoroutfhlv tested the mer-
Its of your INDIAN .OOI) SYKUP, I am satis
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8. K. BBACKIN.
Greatly Benefited.
Mann's Axe Factory, Mllllln Co , Pa.
Dear Sir: I do hereby certify that, your relia
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A Splendid Blood rurifier.
Caruick Furnace, Franklin Co., Pa.
Dear Silt: This Isto certify thatyour INDIAN
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ula. I can recommend It to he tin excellent
Blood Plainer. S. J. MUKPliY.
For Kidney Diseases.
Carrick Furnace, Franklin Co., Pa.
Dear Sir: I have used your excellent INDIAN
BLOOD KVKUP for Kidnev Complaint and Pain
lu the Back, and my wife lias used It for Pain In
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MH.&MHS. ST. CLAIR.
Diseases of the Lungs.
Sharon, Mercer county, Pa.
Dear 8ir: I was atlllcted with Lung and Heart
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ue of your INDIAN BLOOD SVKUP.
MB. DB FOREST.
Dyspepsia and Indigestion.
Sharon, Morcer county, Ta.
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M11S CLAKK.
Kidney Disease.
NoiiTHUMnERLAND, Northumberland Co.. Pa.
Dear Sir; I have used jour INDIAN BLOOD
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Northumiierijind, Northumberland Co., Pa.
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.Liver and Kidney Disease.
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Dear Sir: This Is to certify that your valua
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Dyspepsia Cured.
Htdl Pakk, Lackawanna Co., Pa.
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MRS. 8. B. ADKINS.
ii .1 i. t iiru
IJEfl If II
Pmtradlnit
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Willie
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March 15,lS81-10t
CARMEU9 are making i5 MANNING'S
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TflSTATK NOTICE. Notice Is herebv given
y that, letters testamentary on Hie estate of
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8A11A1I MCE.
January IS. Iflsl -lit Kxecut ilx.
- P CMU lir UL.t,VLH WL.IJ1.1IVI IINI.-'.
The only establishment mnkln
BUSINESS OF ROBFS. unl
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i?.?5 inr. ' 'P for '3. W GIVE
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Uiau most eatablutluueulH grow. Our NK VV CUIDE,
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dtMurlbt s BiKI trnwost and cholcegt varlrtiisi rw k aid
b THS DINCEE4 CON ARD CO.
o Orowtri, Wait Orovt. Cheator Co., Pa.
7 o w lot
THE GREAT A,mponiniofthftrtiTprinoirki'l
III r"n ttienlypnii, fUnapAnlla, Mundink,
lMmULion, KiJnsy-Wort. Buoliu.
lluji. fto,, winch acta pmrnptly on
th Lfvr, KiJiiovs, Blood, SUitnarh
and BuHl at thu itiine tint. Tliava
orKnita ara' so intimntaly oonacted
til. a wKeti rmu ) dli.,ied. ttier all
heoome mx r lest alTvttl. Ilenoa
ti graat vahi and iurioritr ol
tini coiti(Huud, wliioli reiturti Uim
KIDMPY
BLOOD
an ut iiekiuiy action, and as a loaio.
Ii it
i. kJ.
XV J-l i-"- JJXy lnm.,iiYft,iaL,u nnwAy for Urn
Jt Antl-BlllOllS t-',,B' UitioumiBM. Coutti
rvv"ti1KTirr '""UravBl, Kenml Wkn)ias. all
I R ITw AL. fckiii DUiuutea. Mcrruluuaud Svplii
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Ml
MWW!lWIlf
II .
EXE
8 fc.T",TlN."l V
B a tiff. 01 I
a n.'c ur lie
a vim & jacuiuf , t;o., rbiiiipu,a, ia.
S e w ly t
PILES
him,
HI IT.
lllrornti.il
Piln that MeRliur' Pile
nrmmj mil. w enra. it stinrs inn llf hing, alwnrta tha
tumors, kIti tmmtiHalr n-lli'f. I'l-rprm-d by J. P. Miller, M II
Phlladelihla, I'a. t'AIITIO!. Knnr f 'tmuv int ra,.
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All drURRiitl nd country ior Imve II or will ij.-t It for'vou
1C
l-li,i,.la 1 fri
THE
Chicago &, North-Western
UAILM'AY
Is the Oldest, Rest, Constructed, Best Equipped,
and hence the
LEADINC RAILWAY
-OF THE-
WKST nnd O II I II W I S I .
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Northern Illinois, Iowa, Dtknta. Wjomlng, Ne
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At Council niuIN the Trains of thi Chicago
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At Chicago, close connection are made with
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Close connections made at Junction Points.
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15 MARVIN HUGH1TT.
2d V. P. t Oen'l Mang'r, Chioaho, 111.
TARTLING
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An Old and Tried Hemcil jr. Urmove the Worm
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February 15, 1881 3m A f
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TltlKft CO. AUKuatu, Matue. 1 ly
A GKNTS WANTED for the best and fastest sell
luff HictoHtil Books and Hlblps. Prices reduc-
ea 33 perceni. ivauonai ruousning uo., rmta
doiplila, Pa.
TAMES CLEELAND
U Auctioneer,
OfTcrahla services to the citizens of Terry and
UumuerluiiU counties. 1'osr onice anniesa,
bherniaiisdale, J'erry co.. Fa.
HENHY KELL,
AUCTIONKEK.
Would reaped fully inlo'in the ciii.ensof Peny
County that lie ill cr iulea t ahoi t iiolire. and
at reasotiROie laieH, naiiKiaciion fHiaramrru.
-Address llK.NKY KKLU Ickesblilg, 1'ft.
Q B. HARNISH,
AUCTIONKElt,
Delvllle, Perry Co., Pa. Charges moderate, and
satlafactlou guaranteed. 6 tf
D
AVID M'COY,
AUCTIONKER,
ICKESBUKO, PERKY COUNTY. PA.
Charges moderate. Prompt attention paid
lOUIICMIlg.
JAS. P. LATCHFORD,
A UCTIONEER,
Would respectfully Inform the nubile that he
will cry sales at reasonable prices. All orderi
will receive prnnmr attention.
-UONNALLY'8 MILLB, PERHY CO.. PA
o
Ih M.,OTll3 f ir Floor j Carriages and
i antes, rrices low.
F. MORTIMER.
I OB Fit IN TING of every description neatly
land promptly executed at Reasonable Kater
Newport AdTertlsements.
JjEWPORT DRUGSTORE.
Bavlniron hand a complete asinrtmont of thefnl.
lowina- article!, the subiciilwr aaki a share of yen
patronage.
Drug and MetUcinet,
CHEMICALS OF ALL KINDS.
Also a full stock of
Concentrated Bomedics,
ESSENTIAL OILS.
Brushes, rerfumery
HAIIl OIL.,
ABO
FANCY ARTICLES
Also always on Hand
PURE WINES & LIQUOR
FOB
MEDICINAL and SACRAMENTAL
PURPOSES
PHYSICIANS ORDERS
.Carvfiilly and Promptly Filled
B . M . EBY.
Newport, Penn'a.
W.
It. S. COOK & CO.,
Agree to sell all kinds of
LUMBER AND SHINGLES,
for LESS MONEY than any other dealers In this
county. We will also take good Tlmberon the
stump or delivered at our Mill In exchange for
Lumber, &c, W e use Clearfield Pine aud Hem
ockonly. W. B. 8. COOK & CO.,
Newport, Perrj Co., Pa.
October 10, 1876.
JONES' BROS, & CO.,
(Formerly John Jones & Son,)
Grain & Produce
MERCHANTS,
Brick Warehouse, Front St., above Market,
Newport, Perry County, Pa.
WE would respectfully Invite the patronage of
the farmers, and the publio generally, as
the HIGHEBT PRICES the market will afford,
will be paidforall kindsol
GRAIN,
FLOUR,
PRODUCU
SEEDS AND
RAILROAD TIES
We have constautly on hand,
PISH,
8ALT,
PLASTER,
CEMENT
COAL,
IRON,
STEEL,
HORSE RHOES.&0..&0.
FOR BALE AT TDK LOWEST KATES.
S. Orders promptly Oiled,
Newport, July 20, 1875-tf
J B. HARTZELL,
Wholesale Tobacco Dealer,
Wright's Building,
NEWPORT, I A.
Sole Agent for Lorilard's Superior Tobaccos
WConntry Merchants supplied With Goods
at Philadelphia prices.
Your orders are solicited. 94
jg HIMES,
Fire Insurance Agent.
OFFICE:
South East Corner Market Square,
NEWPORT, PENN'A.
FIRE IN8URANCE POLICIESwrltten in first
class companies on all kinds of insurable proper
ty, at fair rates, and losses honorably adjusted
and promptly paid. Correspondence solicited.
Companies Represented" :
jtna.of Hartford. Assets, IHJoO.nnO
Commercial Union. " MM.Oun.
Fire Association, rhU'a., " 3,778,UO0.
B. HIMES, Agent.
March 11, 1880 ly
PENSIONS
ARE PAID tvrr soldier disaMed In
line uf duly . bv Mr i(leiit or othurw isa. A
U !' fr, kind iMlnfliMr.iM
or e, Kl FTl Hfc, if but lilii.du
eaie of LwiiK or Vnrie c ln iv
MMisui. I uUr BtwUw Ihttusandi ar
rtititlird to mm lncrea of pnim.
hiowi, orphaaiaiid dvieiitlnt duhr
or tuothra iff tola ten ) 1ii1ib th
inn? get ttiioa. BOI'NT V Ut-rh-trfti
for wunutl. Injuria or rupture,
!ivi full boontjr. Rnd sttunpsfriij
Vmiiiu ami Itimnty Act. Addrvt
. M. TltiDMrnii JL rA f 'l.i
Antft Indiui.ui. InJ. w d Vfrto
.AM I'fcvij. rr' iMirlai.k n.k..i
and K. I, kruaedy l'rvs' Ctmrul
li.ink. Wth uf iuduuiapwiia, 2taiu ibxm
lair.
Feb.1, 1881 3m A
M
OMIKt'ioths and other Dress Goods In va
rious allies.
F. MOXTIHER
VUV WimilHIIVIV IHIIO UtCU 11 W U W VWVV