Dudley v. McKenzie

Decided February 15, 1882

Supreme Court of Vermont · decided 1882-02-15

Heard at the May Term, 1881, on the report of a referee, Taft, J., presiding. Action, debt to recover the penalty allowed for neglecting to give notice of impounding beasts. - The court rendered judgment for the plaintiff to recover $1.50, and his costs ; appealed by the plaintiff. The defendant impounded eighty of the plaintiff’s sheep, and-neglected for three days to give notice in accordance with the statute.

Cited by 1 later decisions — most recently September 1997

1 state decisions

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Decided 1882-02-15

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¶1The opinion of the court was delivered by

Yeazey, J.

¶2Section 3980, of the Revised Laws, reads as follows:

¶3“ If a person so impounding a beast does not give such notice he shall forfeit to such owner or keeper fifty cents for every twenty-four hours’ neglect to do so, and shall pay the damage which,” &c.

¶4Under this provision the forfeiture would be no more in the case of several beasts found in one’s enclosure and impounded at *395the same time, than in the case of one beast. It is a penalty for the neglect in each instance of impounding, not for each beast impounded at one time. In this case the forfeiture is fifty cents for every twenty-four hours’ neglect to give the notice of the impounding of the eighty sheep, not fifty cents for each one of the eighty.

¶5Judgment affirmed.