Newhall

The eighth section of the Act of February 4, 1874, to protect agriculture and to prevent the trespassing of animals upon private property in certain counties, (stats. 1873-4, p. 50) provides that “ the owner or occupant of any land or possessory claim, whether enclosed or not, independent of the foregoing provisions of this Act, and if he fail to avail himself thereof, may maintain an action, provided such action be commenced within sixty days,” etc. The defendants allege that the plaintiff did avail himself of the provisions of said Act, respecting the alleged trespasses mentioned in the complaint, and took up large numbers of the cattle of the defendants, etc. The following special issues were submitted to the jury: “ Did plaintiff avail himself of the provisions of an Act of the Legislature of this State, entitled an Act to protect agriculture, etc., passsd February 4, 1874, at any time between the dates mentioned in the complaint, fifth day of May and fifth day of July, 1877, with respect to the cattle of defendants; and did plaintiff take up *147 and corral any of defendants’ cattle on the lands described in complaint under the provisions of said Act, between said dates ? ”…