22 



trespass thereon, by showing that he has forbidden the same, 

 either directly or by a notice posted upon the premises. Any 

 person who trespasses upon such improved or enclosed laud 

 between those dates, after he has been forbidden so to do, by 

 notice given him directly or by posting, as aforesaid, is liable to 

 be arrested on the spot by a sheriff, deputy sheriff, constable, 

 watchman or any police officer, and kept in any convenient place 

 for twenty-four hours, if necessary, until a complaint can be made 

 against him for the offence, and then he is liable to be further 

 punished by a fine of twenty dollars. Iu such case, if the owner 

 or occupant of the land does not happen to be an officer or watch- 

 man, he may order the intruder to leave the premises, and if he 

 refuses or neglects to go, he may then use so much force as is 

 necessary to compel him to depart. 



The law furnishes protection to the farmer agaiust the disfig- 

 urement of his fences, buildings and trees by the poster adver- 

 tisements of showmen, quacks and traders of all kinds of wares 

 and merchandise, for it is a criminal offence for any one to paint, 

 put upon, or in any manner affix to any fence, structure, rock or 

 other natural object, the property of another, any words, device, 

 trade-mark, advertisement or notice, without first obtaining the 

 consent of the owner of such property. 



In these times, when so many land-owners are removing their 

 road fences, it is important for such owners and the drivers of 

 domestic animals upon the highway to know their legal rights in 

 the premises. It is well known that the law does not require any 

 one to build a road fence, and if he does so he does it for his 

 own protection and convenience alone. Yet the highways have 

 been set apart, among other things, that cattle and other domes- 

 tic animals may be driven thereon, and as, from the nature of 

 such animals, it is impossible, even with care, to keep them 

 always within the limits of the way unless the adjoining land is 

 properly fenced, it follows that when they are driven along the 

 road with care and diligence, and then escape upon adjoining 

 land and do damage, their owner is not liable therefor, provided 

 he makes reasonable efforts to remove them as speedily as pos- 

 sible. But this does not justify any one in trying to drive wild 

 and unruly animals loose upon the road, or of attempting to 

 drive any animals along the way without sufficient help to keep 

 them within the limits of the highway on all ordinary occasions, 

 whether it is fenced or not, consequently if a driver or other per- 

 son allows his animals to escape from the limits of the road and 

 trespass on the adjoining land of a farmer he must either pay the 

 farmer's damages or be prepared to show that they resulted 



