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.1. 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 heen 
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.14 Under a contract for the services 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. 
8 Mahle v. State, 13 8S. W. 318. 
999, Tex. 13 Davis v. Randall, 97 Me. 
9Commonwealth v. Brandon, 36, 53 Atl. 835. 
43 Ky. 2. 14Smith v. Robertson, 106 
10 Commonwealth v. Harris, Ky. 472, 50 8. W. 852, 20 Ky. 
47 Ky. 373. Law, 1959, 45 L. R. A. 510. 
11 Sturgeon v. Merritt, 49 
Mo. App. 160. 
