OTHER REMEDIES AGAINST TRESPASSING ANIMALS. 307 



cost of keeping the animals in confinement.^'* Where a 

 right is given by statute to detain and treat trespassing ani- 

 mals as estrays where they "break into the enclosure," this 

 does not apply where the animals of a known owner tempor- 

 arily escape from his enclosure and are found trespassing on 

 the unenclosed lands of another, and the latter, if he takes 

 them, is liable in replevin.^'® A law giving the owner of cul- 

 tivated lands a lien on trespassing stock has been held to be 

 applicable to lands within limits in which a mayor and council 

 had power by charter to provide by ordinance for impound- 

 ing animals running at large. ^^^ 



A lien is waived by the election of the land-owner to enforce 

 his common-law remedy of trespass quare clausum fregit 

 against the owner of cattle.^**^ And a statutory lien cannot 

 be acquired unless the party injured by the trespass complies 

 substantially with the provisions of the statute.^**^ One who 

 holds under such a lien is liable to the owner of animals for 

 injuries to them resulting from his failure to feed and care for 

 them.^*^ 



Continuous trespasses do not constitute several causes of 

 action.^*'* In a New York case it is said : "In case of cattle 

 trespassing on the lands of an adjoining owner, it often hap- 

 pens that the injury is a continuing one, committed by the 

 different animals on the same or on different days, so that it 

 would be almost impossible to separate the acts of trespass. 

 It was indispensable [i. e., at the common law] in such cases 

 to avoid a multiplicity of actions and to relieve parties from 



-" North V. McDonald, 47 Barb. (N. Y.) 528. And see Wormer v. 

 Biggs, 2 C. & K. 31. 



■" Anderson v. Worley, 104 Ind. 165. 



And see Madder v. Schuster, 68 Mo. App. 670. 



"° Lingonner v. Ambler, 44 Neb. 316. See also Brown v. Sylvester, 

 37 id. 870, as to what are "cultivated lands." 



""■ Brown v. Howard, 86 Me. 342. "' Deirks v. Wielage, 18 Neb. 176. 



As to notice to the owner, see Sloan v. Bain, 47 id. 914. 



°^' Richardson v. Halstead, 44 Neb. 606. 



'" De La Guerra v. Newhall, S3 Cal. 141. 



