§ 28. Keeping or pasturing of cattle; damages; penalty. Any person who keeps, pastures, has in his possession, or under his control, any horses, cattle, or other animals, on lands contained in the Onondaga Indian reservation, unless the same are kept, pastured, or possessed, as provided in section twenty-four of this article, shall be guilty of a misdemeanor, and shall be liable for treble damages for any injury done by such cattle, horses, or other animals while on said reservation. Any person who shall keep, pasture, have in his possession, or under his control, any cattle, horses or other animals, on lands contained within the Onondaga Indian reservation and leased under the provisions of section twenty-four of this article, shall be liable to the person damaged for any injury done by such cattle, horses, or other animals, through trespass or otherwise; and the fact that the person damaged, or any other person, has failed to erect any fences, or has failed to keep any fences in repair, shall be no defense in an action brought under this section, for injury done by such cattle, horses or other animals.