LAW FOR THE FARMER. 313 



mule, or any neat beast that my be found in the streets ; and I 

 suppose most people have the impression that this would be the 

 proper mode to pursue. 



As to cattle running in the highway, there was, until 1868, 

 when a change was made, a statute providing that by a vote of the 

 town neat cattle, and animals of a certain description, might run 

 in the highway. There is no such law now, and the effect of that 

 law was never understood by people generally. I have told you 

 that no man was bound to build a fence upon the road — he never 

 was in this State ; and that law which permitted a man to turn his 

 cattle into the highway did not, in my opinion, permit them to run 

 on his neighbor's laud, whether he had a fence on the road or not. 

 I say this fully aware of the dicta in Lord vs. Wormwood, 26 M. 

 R. It was simply a remission of the penalty for running in the 

 highway. But that is all swept away ; there is no such law now ; 

 and people are not only liable to the penalty, if they allow their 

 cattle to run in the highway, but for all damages which they do. 



There was a case recently tried in the Supreme Court, in which 

 Judge Cutting delivered a very terse and able opinion. It was a 

 case where a horse had been frightened by a hog, and an accident 

 resulted. The Judge, in his sharp way, says, — "This animal, the 

 swine, was unclean by the Levitical law, and prohibited by the 

 statute law from running in the street, and the owner or keeper 

 was liable for all damages that might ensue from his appearance 

 upon any portion of the public highway without a keeper." So it 

 is an unsafe thing to turn cattle into the highway now unless 

 they are attended by a driver or keeper. 



A man has a right to take his horse into the highway, and drive 

 him or lead him ; he has a right to take his mare and drive her, 

 with her colt by her side without being fastened, if that is the 

 custom of the country, and that colt is protected, because it has a 

 driver or keeper, in a certain sense ; constructively, it is under the 

 care of its owner. It is lawful to drive cows in the highway to 

 and from pasture, and when the truant boy deserts his trust, and 

 leaves them to wander unattended, the owner becomes liable for 

 all damages they may do in the highway and for the penalty. 



There is a practice of taking up stray animals and advertis- 

 ing in the newspapers, or in some other manner. This is dangerr 

 ous. There is no law to protect this proceeding. If an animal, 

 found doing damage or in the highway, is kept by the finder for 

 more than ten days, and that for the purpose of impounding, he 



