People v. Martin
California Supreme Court
Appeal from the County Court of the County of Santa Barbara. The Act of 1873-74, (Statutes of 1873-74, p. 50) entitled “An Act to protect agriculture and to prevent the trespassing of animals upon private property,” declares that an owner or occupant of land or a possessory claim, who finds horses, cattle, hogs, etc., upon the same, may take up and keep such animals at the expense of the owner, and shall be allowed for keeping the same a fixed sum each day, and that upon…
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Appeal from the County Court of the County of Santa Barbara. The Act of 1873-74, (Statutes of 1873-74, p. 50) entitled “An Act to protect agriculture and to prevent the trespassing of animals upon private property,” declares that an owner or occupant of land or a possessory claim, who finds horses, cattle, hogs, etc., upon the same, may take up and keep such animals at the expense of the owner, and shall be allowed for keeping the same a fixed sum each day, and that upon taking up the animals the owner shall be notified immediately, if known, and if living within six miles, and that if the…
1Opinion of the Court
By the Court :
It is charged in the indictment that the defendants “ did then ■and there willfully and feloniously take up and drive from the lands then and there not their own the cattle of Louis Marie, for the purpose of taking advantage of an Act of the Legislature of the State of California entitled 1 An Act to protect agricul*203ture, and to prevent the trespassing of animals upon private property, in the Counties of Fresno, Tulare, Kern, Ventura, Santa Barbara, San Luis Obispo, and Monterey, approved February 4th, a. D. 1874, the land on which said Martin, Donelly, and Anthony took up said…
2Cited by1 opinion
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