Pound Breach - Law Dictionary Search Results
Home Dictionary Name: pound breachPound
Pound [fr. pund, Sax.; pondo, Lat.], a certain weight, consisting in troy weight of 12, in avoirdupois of 16 ounces; the sum of 20s, said to be so called because in Saxon times 240 pence weighed a pound. See Lambard, 219. A pound Scots, anglice, a shilling.A penfold, an inclosure, a prison in which beasts seized for rent (see DISTRESS) or caught on the land of another (see DAMAGE FEASANT) may be kept until they are replevied or redeemed. It is either overt, i.e., open overhead; or covert, i.e., in a close. See 1 & 2 P. & M. c. 12, whereby no distress of cattle may be driven more than three miles from where it was taken, and not more than 4d. may be taken for any one whole distress impounded; the (English) Distress for Rent Act, 1737, s. 10, empowering any person lawfully distraining for rent to impound the distress on the premises chargeable with the rent.By s. 7 of the (English) Protection of Animals Act, 1911 (1 & 2 Geo. 5, c. 27) penalties are imposed for impounding or confining any...
Pound breach
The breaking of a public pound for releasing impounded animals...
Breach of pound
Breach of pound. See POUND....
Rescue
Rescue, the taking away and setting at liberty, against law, a distress taken, or a person arrested by the process or course of law (Co. Litt. 160 b). Rescue of persons the custody of the law has been dealt with in by a number of Statutes from 23 Edw. 1. Aiding a prisoner to escape is a felony by the Prison Act, 1865 (28 & 29 Vict. c. 126), s. 37. See Archbold's Criminal Pleading, Ev. And Practice, 25th Edn. pp. 1112-1123. Rescue of children from approved schools (late reformatory or industrial), see Children and Young Persons Act, 1933 (23 & 24 Geo. 5, c. 12); rescues from prisons abroad, see 22 Vict. c. 25; of persons of unsound mind, see Lunacy Act, 1890.The act or an instance of saving or freeing someone from danger or captivity, Black's Law Dictionary, 7th Edn., p. 1308.Rescue lies where a person distrains for rent or services, or for damage feasant, and is desirous of impounding the distress, and another person rescues the distress from him. The party distraining must be in posse...
Damage feasant or faisant
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 (...
breach
breach 1 a : a violation in the performance of or a failure to perform an obligation created by a promise, duty, or law without excuse or justification breach of duty : a breach of a duty esp. by a fiduciary (as an agent or corporate officer) in carrying out the functions of his or her position breach of trust : a breach by a trustee of the terms of a trust (as by stealing from or carelessly mishandling the funds) breach of warranty : a breach by a seller of the terms of a warranty (as by the failure of the goods to conform to the seller's description or by a defect in title) NOTE: A seller may be liable for a breach of warranty even without any negligence or misconduct. b : failure without excuse or justification to fulfill one's obligations under a contract called also breach of contract compare repudiation an·tic·i·pa·to·ry breach : a breach of contract that occurs as a result of a party's anticipatory repudiation of the contract ef·fi·c...
Double or treble damages
Double or treble damages are given in some cases, by particular statutes; see, e.g., 2 Wm. & M. sess. 1, c. 5, ss. 4 and 5, which gave double and treble damages for pound breach and wrongful sale upon a distress respectively, but at common law the damages are always single. They are not reckoned in the same manner as double and treble costs, but arithmetically....
Hayward
Hayward, one who keeps a common herd, of cattle of a town, and the reason of his being so called may be, because one part of his office is to see that they neither break nor cross the hedges of enclosed lands; or because he keeps the grass from hurt or destruction. He is an officer appointed in the lord's Court, to look to the fields and impound cattle trespassing thereon; to see that no pound breaches be made, and if any be, to present them to the leet, etc.,-Kitch. 46; Scriven on Copyholds.A officer of a town or man or responsible for maintaining fences and hedges, esp. to prevent cattle from breaking through to an enclosed pasture; A cattle herdsman, Black's Law Dictionary, 7th Edn., p. 723...
Pund-brech
Pund-brech, pound-breach...
Breach of trust
Breach of trust, a violation of duty by a trustee, executor, or other person in a fiduciary position.In some cases a breach of trust may be a comparatively venial offence, arising from the trustee having honestly misconstrued the deed or will creating the trust either as to the persons entitled, or as to his powers of investment of or dealing with the trust property, or having otherwise erred in the discharge of his strict duty; in other cases he may have been guilty of negligence or carelessness involving at least some degree of moral blame; or, in other cases again, he may have committed some gross fraud. But in all these cases alike the trustee is personally responsible at the suit of the beneficiaries for any loss which may have resulted, and the rules of equity on the subject were extremely strict and were enforced with great severity by the Court of Chancery. In later times, however, the Court was not quite so astute in fixing honest trustees with liability for breach of trust as...
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