Damage Feasant Or Faisant - Definition - Law Dictionary Home Dictionary Definition damage-feasant-or-faisant

Definition :

Damage feasant or faisant (doing damage). If a stranger's beasts (including domestic fowls) are found on another person's land without his leave or license, and without the fault of the possessor of the close (which may happen from his not repairing his fences), and there doing damage by feeding, or otherwise, to the grass, corn, wood, etc., the person damaged may distrain and impound them, as well by night as in the day, lest the beasts escape before taken; but they cannot be sold for the damage done; nor is there any privilege from the distress. The distress may be made of things inanimate, see Ambergate, etc., Ry. Co. v. Midland Ry. Co., (1853) 23 LJ QB 17, where a locomotive engine was distrained damage feasant. By the (English) Pound-Breach Act, 1843 (6 & 7 Vict. c. 30), any person releasing, or attempting to release, cattle lawfully seized by way of such distress from the pound is, on conviction before two justices of the peace, liable to a penalty not exceeding 5l.; and by the (English) Protection of Animals Act, 1911 (1 & 2 Geo. 5, c. 27), s. 7, persons impounding cattle are bound, under a penalty of 5l., to supply them with food and water. See Bullen on Distress; Addison, or Clerk and Lindsell on Torts; and Woodfall, L. & T.