OWNERSHIP OF ANIMALS 237 



to its rightful owner. In general these laws pre- 

 scribe a public advertising of the animal taken, 

 and if the owner is known a notice must be sent to 

 him of the fact of finding. Since such an animal 

 must be fed and cared for, the owner is under obli- 

 gation to pay for the keep and other necessary ex- 

 penses before regaining full possession. If no one 

 is able to prove ownership, the animal may become 

 the property of the finder if he so wishes. Should 

 the owner refuse to regain possession his refusal 

 may be taken as a gift of the animal to the finder. 



If the finder shall have been a party to the escape 

 of the animal, as by leaving a gate open to a pas- 

 ture, or by driving off animals on a range, or by 

 enticing a dog from home, he will acquire no rights 

 whatever in the finding, nor for the care of the 

 animal. Where a dog has followed one not his 

 owner away from his home, and has lived with 

 that person until an attachment has been formed 

 for the dog, if the owner has advertised the loss 

 where the finder might reasonably have seen the 

 advertisement, and sought diligently for his ani- 

 mal, whereas the finder has neglected to advertise 

 the taking up of the animal, he will acquire no 

 rights in the finding, nor for his care of the animal 

 while in his possession. 



192. Sale of Animals. No animal should be pur- 

 chased without some writing from the seller to the 

 purchaser. In the case of animals of small value 

 an ordinary bill, receipted, describing the animals 

 sold, may be quite sufficient. In proportion as the 

 property sold is of value this is not sufficient, but 

 a regular bill of sale is to be preferred. According 

 to the old common law * * an implied warranty was 



