Legal Definitions - pound-breach

Pound-breach is a historical legal term referring to the offense of unlawfully breaking into an enclosure, known as a 'pound,' for the purpose of retrieving property or animals that had been legally placed there. This act was considered a serious offense because it directly interfered with the lawful process of impoundment and the authority of those responsible for maintaining the pound.

Here are some examples to illustrate this concept:

• Example 1: Impounded Livestock

  Imagine a farmer whose cattle stray onto a neighbor's land and cause significant damage to crops. Following local regulations, the neighbor lawfully captures the cattle and places them in a designated, secure enclosure (a 'pound') until the farmer pays for the damages. If the farmer, instead of settling the debt, forcibly breaks the lock on the pound and takes his cattle back without authorization, this action would constitute pound-breach.

  Explanation: The farmer unlawfully entered a lawful enclosure to retrieve animals that were legitimately impounded, thereby circumventing the established legal process for resolving the dispute.

• Example 2: Seized Goods for Debt

  In a historical context, if a landlord lawfully seized a tenant's furniture as 'distress' for unpaid rent and placed these items in a secure storage room on the property (which served as a private pound), and the tenant subsequently broke into that room to reclaim their furniture before the legal process for debt recovery was complete, this would be an act of pound-breach.

  Explanation: The tenant illegally retrieved goods that had been lawfully seized and held in a secure location, directly violating the impoundment process intended to secure payment.

• Example 3: Municipal Seizure of Property

  Consider a medieval town where a merchant's cart full of textiles is seized by a bailiff for unpaid market taxes. The bailiff places the cart and its contents in a secure municipal warehouse, which functions as a public pound for seized property. If the merchant, without obtaining legal release or paying the taxes, breaks into this warehouse and removes his textiles, he would be committing pound-breach.

  Explanation: The merchant unlawfully entered a lawfully designated holding place for seized property to reclaim his goods, thereby undermining the authority of the law and the process of tax collection.