1. It shall be unlawful for any person owning or having charge of any livestock to drive or herd or permit the same to be herded or driven on the lands or possessory claims of other persons, or at any spring or springs, well or wells, belonging to another, to the damage thereof, or to herd the same or to permit them to be herded within 1 mile of a bona fide home or a bona fide ranchhouse.
2. The owner or agent of the owner of livestock violating the provisions of subsection 1, on complaint of the person injured in any court of competent jurisdiction, shall be liable to the person injured for actual and exemplary damages.
3. Nothing in this section shall:
(a) Prevent the owners from herding or grazing their livestock on their own lands.
(b) Be construed as to prevent livestock being driven along any public highway.
[1:81:1917; 1919 RL p. 2845; NCL § 3999] + [2:81:1917; 1919 RL p. 2845; NCL § 4000]