Byron v. Crippen , 70 Mass. 312 ( 1855 )

Thomas, J.

We think the instructions of the court below wrere correct. To “ forthwith impound ” is to impound without unnecessary delay. The act of impounding by the field driver does not require that he should open or close the gate. The pound is under the care and in the custody of a keeper e.ected for the purpose. Rev. Sts. c. 19, §§ 20, 21.

The field driver, it- is plain, was not responsible for the act of the pound keeper in removing the horse from the pound without bis direction or consent.

Exceptions overruled.