Not only human beings are trespassers, but the word is also by analogy applied to the trespasses of dogs, cats. and other animals. The trespasses of cattle are often of importance, in consequence of the damage done by them. The rule of law which governs the rights of occupiers of land on that subject is the following. An owner is not bound to fence his land, and whether fenced or unfenced, a neighbor is bound neither to trespass himself nor allow his cattle to trespass. If. therefore, A's cattle tres pass on B's land, B can impound them; that is, he can lock them up, and keep posses sion till the owner pay for the damage done; or, if he prefer it, lie can bring an action to recover the damages; or, he may drive them off, and also bring the action, until by one or other he is satisfied. With regard to dogs, cats, and similar domesticated animals, the rule is. that the owner is merely responsible for such mischief as they com mit by reason of some negligence on his part. If, for example, he knows of some bad propensity they have to stray and attack or damage third persons, then it becomes his duty to Ike such means as will prevent their doing the mischief; but he cannot be held responsible unless and until the animals have on a occasion done the mischief— in other words, it is only for a second and not a first offense that he can be made liable. There is one exception only to this rule, recently created by statute, viz., where dogs trespass and worry sheep; in that case, by a recent ehange made in time law of the United Kingdom, the owner of the dog is to pay for the damage, though he was not aware of any piopensity in the dog to do such mischief.
In order to guard against trespass both of men and animals, the owners of laud have sometimes resorted to spring guns and man-traps, planted in their grounds. This prac
tice was carried to a great height in England, as well as Scotland, about forty years ago.
It was decided by the courts in England that there was nothing to prevent an owner from so protecting his'laud; but to put a limit to it, a statute was passed which restricted such right to dwelling-houses and gardens; so that now iu England, it is illegal to place man-traps and spring.guns in open fields. As regards, however, traps to catch dogs, cats, or other animats, an owner of land is entitled to place these iu his lands, and even to allure the animals with bait, so as to invite theta to their doom; but this must not be done so close to a highway as to tempt a dog aside which is lawfully passing along the highway', for the owner of a dog, being entitled to the use of the highway for the tug as well as for himself, is entitled to have no danger placed in its way, such as a strong -smelling bait, which should operate irresistibly on its animal instincts. It is, therefore, only in the open fields or woods not adjoining the highway, that these dog or cat Imps can be lawfully placed for protection of game or otherwise.—In Scotland, the law is sub stantially the Sallie as regards trespass as it is in England or Ireland; but it was held illegal at common law in Scotland to put man-traps in lands by way of protection: and it is still illegal to do so. lu Scotland, also, there is a more summary remedy against trespassers titan exists in England, tor an interdict may be obtained to prevent mere tres passers, irrespective of the game or fishery laws; and even justices of the peace may deal summarily with mere trespassers.