Dudley v. McKenzie

| Vt. | Feb 15, 1882

The opinion of the court was delivered by

Yeazey, J.

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

“ 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.

Under this provision the forfeiture would be no more in the case of several beasts found in one’s enclosure and impounded at the 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.

Judgment affirmed.