Jones v. Root

<p>Section 13 of St. 1855, c. 215, which authorizes officers, without a warrant, to arrest any person found in the act of illegally selling or transporting intoxicating liquors, and seize the liquors, vessels and implements of sale in the possession of such person, and detain them in some place of safe keeping until warrants can be procured for tbs trial of the person and the seizure of the liquors, is constitutional.</p> <p>An officer, who arrests, under St. 1855, c. 215, § 13, a person in the act of illegally transporting intoxicating liquors in a wagon, may detain the wagon and horses for such time as is reasonably necessary to remove the liquors from the wagon; and is not bound to seek out the owner of the horses and wagon and restore them to him, even if not privy to such transportation; and may remove them from the travelled part of the highway to prevent an obstruction thereof; and take them into his own barn for the purpose of saving the horses from suffering, until called for by the owner.</p> <p>On the trial of an action brought against an officer by the owner of a horse and wagon for seizing them while employed in the illegal transportation of intoxicating liquors, the plaintiff cannot except to a comparison by the judge, by way of illustration, of the rights of the defendant in this case to that of an officer seizing a horse and wagon employed in a burglary.</p>