Ellsworth American. [volume] (Ellsworth, Me.) 1855-current, 1889-07-18
RIGHTS AND LIABILITIES OFFiRM-
Frs

Barton W. Potter, lawyer Of Wor-
Ce>tcr. Mass. read paper 10 4 company
II farmers the other day. H. substance
lac SAID that the farmer has absolute
dominion On ami over hi- farm i big
mistake He simply holds it in trust
for the uses Of society The farm j.
liable 10 annual taxation and the amount
depends upon the needs of society
The whole farm or portion Of It may
be taken from him, against the owners
consent, for til" purposes Of "A railroad,
highway.a reservoir, q mill privilege.
a >chool-hou>c,a pcst-hou>e.a cemetery,
a park, or some other public use \
man may not maintain a private mai
~auce on his Own premises. But the
farmer has rights. As the Law now
stands any person who cutters upon the
land Of another without his consent.
either expressed or implied. j. guilty
Of trcspa>S. whether enclosed or not.
and although no material injury l. done
If the trcspa->er without permission
willfuily cuts down. carries away. girl
.e-. Or otherwise DESTROY. any timber
wood. underwood " trees, the owner
can recover IN a c.yIl suit three times
the amount of damage done. it the
parties are worth anything, and if they
are impccunlous they may he tried for
4 criminal offence. No other has a
right TO fish or hurt on anothcr's ground.
any more than he has right la play
bail or cricket there. No person has a
right to pick berries, fruit Or flowers
% the roadside Of farm, any more
than lie has IL the farmers field, aud
those who buy or consume such berries.
irUii or flowers are liable b. prosecution
for receiving or assuming ownership of
stolen goods. " hoover maIiciou-ly
set. fire to. burns. or does injury to
another's wood-piie fences. gate, grass,
grain or other products, is liable 10
fine OF $500. and FIVE years imprisou,
ment. 1t IS against the law to paint
or uilix 10 any fence, structure. rock or
tree. the property OF another. any
words. device. trademark, advertise
ment or note. without first obtaining
the consent Of the owner The distigure-
ment OF fences. trees or buildings bv
the posters of quacks, showmen or
traders Of all kind. i a criminal offence.
Posting notice on ones own premises
iorbddng trespass on inclosed or
improved land, is sufficient notice to
others. The law does not require anv
one 10 build a road fence Cattle or
other domestic animals must be driven
along the highway with care: if they
for trespass if they are removed As
speedily as possible A farmer has his
right TO drive off his premises aud into
the highway any animals trespassing
thereon. or he may take ATTY animals
to the town pound or other suitable
place Of security, but he must feed and
water the animals if they need it, aud
notify the owner OF ais doiugs, and
state the amount Of damages and his
charges ifhe wishes to recover ANYTHING
A man has no right to Kill another's
fowls, cats or dogs when trespassing
on his premises. A farmer has right
TO protect his premises against the tres
pass of trees growing on adjoining
lands by cutting off all protruding roots
or oyerhanging branches up TO the
dividing liue Of his land. but he may
not convert any Of such roots or branch
es to his own use, without paying the
full value for firewood or other uses.
The fruit upon the branches Of every
tree belongs TO the owner of the trunk
of the tree, even if the branches over
hang another's land. A farmer has
right to protect his premises from all
surface water by ali embankment, if
need be. or the stoppage Of the mouth
OF a culvert built by the town. 1t
will thus be seen that the farmer has
rights as well as liabilities and that the
law affords him protection.