It shall not be lawful for a drover or other person to drive any horse, mule, cattle, hog, or sheep of another from the lands to which the same may belong, whether the same be an estray or not; but it shall be his duty, if any other such stock shall join his, immediately to halt at the nearest convenient place and separate such stock as does not belong to him or to the person for whom he may be employed; and if any person shall violate the provisions of this section, he shall forfeit twenty dollars for every offense, with costs, recoverable before a justice of the peace, by and for the use of any person who will sue for the same, and shall also be liable in damages to the party injured; and when any person employed in driving stock shall violate the provisions of this section, he and his employer shall be liable to the like penalties; but the recovery of such penalty shall not be a bar to indictment for larceny.
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