LEGAL DEPARTMENT. 623 



and injured his crops, and was pursued by the neighbor and his dog, and 

 injured, the owner of the horse was held to be entitled to damages for 

 such injuring. (Bigelow on Torts, 6th Ed. 230. ) 



Where animals when trespassing are killed in a wanton, malicious, and 

 deliberate way, exemplary damages may be recovered. 



Injuries inflicted upon animals by negligence entitles the owner to an 

 action for damages against the one causing the injury, as where the 

 owner of a horse allowed it to stray (through negligence in not repairing 

 a gate) into a neighbor's field and it kicked the neighbor's horse, the 

 owner of the injured horse was held entitled to damages. In another 

 case a man planted on his own ground, a yew tree, which in time grew 

 and spread its branches over the plaintiff's ground. A horse ate it, and 

 was poisoned. The owner of the tree was held liable for the loss. 



Nor has a party the right to entice by food, voice, or other means any 

 domestic or reclaimed animal away from the possession of the owner and 

 bring it under his control. For such conduct the owner has an action 

 for the value of the animal so obtained, and the party committing the 

 wrong may be prosecuted criminally for larceny. 



In the Northwest Territories the registered cattle brand \s prima facie 

 proof of ownership, and, therefore, any wrongful marking or branding 

 of cattle with intent to defraud is a conversion of the cattle, and indict- 

 able. Any person branding the stock of another without his consent 

 shall pay three times the value of the animal. 



It is the duty of every person who sells stock to another party to 

 brand such a stock with a vent brand, which vent brand shall not, in any 

 case, be placed in such a position as to obliterate or efface the original 

 brand, and where any such vent brand shall have been printed as above, it 

 shall be prima facie evidence of sale or transfer. Every person recording 

 a brand shall also at the same time record and register his vent brand. 



The owner of any recorded brand may, by writing, transfer the same to 

 any person who may record the transfer, and the transferee shall have there- 

 after all the rights of the person who first recorded it. 



Hiring a horse to travel a certain distance, and driving the horse a 

 greater distance, or to another place than the one agreed upon, is such a 

 conversion of the horse that an action will lie by the owner. 



Where a horse is driven a greater distance than that for which it was 

 hired the owner may ratify the wrongful act by accepting compensation 

 for the extra distance traveled. 



