Hulin v. Biles

Decided July 15, 1817

Supreme Court of North Carolina · decided 1817-07-15

THIS was a warrant to recover the penalty of £i0, imP°sed by the Act of 1741, c.—, for inismarking one of the Plaintiff’s cattle. The Defendant insisted, by way of defence, that he had done it ignorantly; believing, at the t*me’ ^at the cow belonged to himself. And sundry witnesses were examined, to prove that not only the Defendant, but others, believed the cow belonged to him. There was evidence, on both sides, as to the identity of the cow.

Decided 1817-07-15

Seawell, J.

¶1delivered the opinion of the Court:

¶2From the whole complexion of the act, it is evident, that it was the fraudulent conduct of a party, the Legislature intended to punish. For this casé is connected with a case of stealing. The affair, therefore, which the Legislature intended to put down was, that of a wilful misrnarking, and we should be imputing to them a motive which nothing short of positive declaration could justify, were We to suppose they, in any case, intended to inflict a penalty upon an innocent man, who wa& acting honestly upon a total mistake as to facts.

¶3The case of Smith v. Howard, decided by this Court, is an authority in point. Where it was held, that a purchaser of a slave brought into this State, if he was acting honestly and ignorant of that fact, was not liable to pay' the penalty.

¶4New trial granted.