A philologicall commentary, or, An illustration of the most obvious and useful words in the lavv with their distinctions and divers acceptations, as they are found as well in reports antient and modern as in records and memorials never printed : usefull for all young students of the law / by Edward Leigh ...

POUND.

Pound, is either overt and open, so called be∣cause* 1.1 the owner may give his Cattell meat and drink without trespass to any other, and there the Cattell must be sustained at the perill of the owner, or covert and close, as if one impound the Cattell in some part of his house, and then the Cat∣tell are to be sustained with meat and drink at the perill of him that distreineth, and he shall not have any satisfaction therefore.

If a man distrain Cattell for dammage Feasant, and put them in the pound, and the owner that had common there make fresh suit, and find the door unlocked, he may justifie the taking away* 1.2 of his Chattell in the Writ of à Parco sracto. If the owner break the Pound, and take away his goods the party distreining may have his Action de par••o fracto, and he may also take his goods that were distreined wheresoever he find them, and impound them again.

Notes

• * 1.1

  Either a Pinfold made for such purpo∣ses in his own Close, or anothers with his consent.
• * 1.2

  Cook on Lit. l. 1. c. 7. sect. 58.