OWNERSHIP OF ANIMALS 255 



turned in without permission.'^ Neither is one 

 guilty for turning horses out, especially when he 

 notifies the owner.^ 



204. Breeding. There are many legal questions 

 which may arise relative to the breeding of stock. 

 Some of them depend upon statutory enactment, 

 and others arise through the application of the 

 common law. Under the old Kentucky statute 

 which prohibited the standing of a stallion or jack 

 without a license, it was held that a person not 

 the owner was properly convicted.^ Under a con- 

 tract that he might have mules for less than value, 

 a conviction was sustained for standing without 

 license.^*' 



205. Service Fees. An act providing for pub- 

 lication by the owner of a stallion of terms for 

 service does not prohibit a contract for different 

 terms.^^ In Maine it was held that the price of 

 service of a stallion which has not been registered 

 may be recovered when the animal has not been 

 advertised or held out for public use.^- In a later 

 case it was held that the owner of a stallion could 

 not recover when he failed to file the pedigree as 

 required by statute.^ ^ There is no recovery for 

 the services of an unlicensed stallion in Ken- 

 tucky.^^ Under a contract for the ser\aces of a 



7 Wells V. state, 13 S. W. 12 Briggs v. Hunton, 87 Me. 



889, Tex. 145, 32 Atl. 794, 47 Am. St. R. 



sMahle v. State, 13 S. W. 318. 



999, Tex. 1 3 Davis v. Eandall, 97 Me. 



9 Commonwealth v. Biandou, 36, 53 Atl. 835. 



43 Ky. 2. 1* Smith v. Robertson, 106 



10 Commonwealth v. Harris, Ky. 472, 50 S. W. 852, 20 Ky. 

 47 Ky. 373. Law, 1959, 45 L. R. A. 510. 



11 Sturgeon v. Merritt, 49 

 Mo. App. 160. 



