an  owner  of  cattle  is  not  responsible  in  damages,  if  his
cattle,  while  ranging  at  large,  stray  on  to  the  uninclosed
lands  of  another,  without  the  agency,  knowledge  or  con-
sent of  the  former.*  If  the  land  trespassed  upon  is  in-
closed by  a  lawful  fence,  the  owner  or  occupant  of  the
land  may  recover  damages  in  an  action  theref  or,*  or  he  may
take  up  the  cattle  and  obtain  restitution  under  the  estray
laws.''  But  he  is  not  obliged  to  take  them  up.  He  may
drive  them  off.®  In  that  event,  it  is  the  duty  of  the  owner
of  the  cattle  to  take  care  of  them.  He  cannot  refuse
them  all  care,  and  then  on  their  perishing  from  his  neglect,
or  otherwise,  recover  their  value  from  the  person  turning
them  from  the  premises.  Even  if  the  occupant  of  the
land  is  not  entitled  to  the  possession  of  the  land  and  is
guilty  of  a  trespass,  he  would  not  be  liable,  where  it  does
not  appear  that  the  loss  was  the  direct  consequence  of  his
acts.*


§24.  Rule  Under  "No  Fence''  Laws.  — The  various
statutes,  which  have  been  construed  to  be  a  re-enactment
of  the  common-law  rule  of  trespassing  animals,  frequently
provide  in  substance  that  it  is  unlawful  for  any  animal,
the  property  of  any  person,  to  enter  upon  any  land  owned
by  or  lawfully  in  the  possession  of  any  person  other  than
the  owner  of  such  animal.  By  this  rule,  it  is  not  the  duty
of  one  to  fence  his  land  against  the  cattle  of  his  neighbor.
