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 
permitting 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. A land- 
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 owner, 
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 Pae. 403. 414, 
62 Van Zile, Bailments and 65 Holden v. Torrey, 31 Vt. 
Carriers, 75. 690; Warring v. Cripps, 23 Wis. 
63 Wilson v. McLaughlin, 107 460; McIntyre 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. 
