Cleaves v. Jordan
Supreme Judicial Court of Maine
On Demurrer. Debt, to recover a penalty, not less than five nor more than twenty dollars, for rescuing swine taken up to be impounded. The declaration alleges that the swine were going at large without a keeper, “contrary to an Act of the State entitled, Of Pounds and Impounding Beasts,” and that the rescue was “ contrary to the Act aforesaid.” The defendant filed a general demurrer, to which there was a joinder. The act complained of was not an offence at common law.
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On Demurrer. Debt, to recover a penalty, not less than five nor more than twenty dollars, for rescuing swine taken up to be impounded. The declaration alleges that the swine were going at large without a keeper, “contrary to an Act of the State entitled, Of Pounds and Impounding Beasts,” and that the rescue was “ contrary to the Act aforesaid.” The defendant filed a general demurrer, to which there was a joinder. The act complained of was not an offence at common law. At the common law, pound breach was an offence ; but as to cattle, taken upon the highway, it was lawful to rescue them,…
1Opinion of the CourtWells, J.
— It is contended on the part of the defendant, that the declaration is bad, because it is not alleged, that the offence was committed against the form of the statute. The allegation, after describing the offence, is, “ contrary to an Act of the State, entitled Of Pounds and Impounding Beasts.”
The statute c. 172, <§> 38, relates to indictments and complaints, and does not include penal actions. They were probably omitted from inadvertence, for it can hardly be supposed that the Legislature intended to require less strictness in criminal than in civil proceedings.
In the case of Lee v. Clark, 2…
2Cases cited1 opinion
- Commonwealth v. Inhabitants of StockbridgeMassachusetts Supreme Judicial Court · 1814