BAILMENT 287 



may replevin his stock sold in excess of the claim, 

 or he may accept the sale and recover the amount 

 received from the bailee. If the statute provides 

 for such sale, the terms of the statute must be 

 strictly observed.^^ *'At common law the bailee 

 cannot enforce or foreclose his lien by a sale of 

 the property; he only has the right to hold it as 

 security for his debt against the bailor. This has, 

 however, been regulated in most states by statute 

 pennitting a public sale of the property, after 

 proper notice of the time and place, to satisfy the 

 amount of the lien. ' ' ^^ 



239. Estrays and Trespassing Animals. Aland- 

 owner finding cattle trespassing upon his prem- 

 ises may simply drive them off, or he may impound 

 them, either on his own premises or in a public 

 pound. If they have done damage upon his 

 premises he may bring action against the o^vner, 

 or he may hold them as a bailee holding a lien 

 upon them for the damage done. If there is a law 

 governing the matter, that law must be strictly 

 observed. He must not injure the animals, either 

 in his driving them off, nor in his impounding 

 them. If in any way he misuses them he is liable 

 to an action in trespass.^^ Animals distrained, 

 or taken as security for the damage they have 

 done, must be captured in the act.^-* They cannot 

 be distrained after they have left the field.^^ But 



61 Greenawalt v. Wilson, 52 341 ; Lindon v. Hooper, Cowp. 

 Kas. 109, 34 Pac. 403. 414. 



62 Van Zile, Bailments and es Holden v. Torrey, 31 Vt. 

 Carriers, 75. 690 ; Warring v. Cripps, 23 Wis. 



63 Wilson V. McLaughlin, 107 460 ; Mclntyre v. Lockridge, 28 

 Mass. 587; Murgoo v. Cogswell, U. C. Q. B. 204; Graham v. 

 1. E. D. Smith 359. Spettigue, 12 Ont. App. 261. 



64 Harriman v. Fifield, 36 Vt. 



