Commonwealth v. Deery

Citations

• 46 Pa. Super. 386
• 1911 Pa. Super. LEXIS 282

Syllabus

<p>Criminal law — Sale of diseased animals — State Live Stock Sanitary Board — Act of May 21,1895, P. L. 91.</p> <p>1. The Act of May 21, 1895, P. L. 91, entitled “An Act to establish the State Live Stock Sanitary Board of Pennsylvania, and to provide for the control and suppression of dangerous, contagious or infectious diseases of animals,” does not authorize an officer and agent of the board to establish a quarantine of cattle, nor can the board delegate to its agents or employees the authority to declare and enforce a quarantine of cattle.</p> <p>2. The act of 1895 did not invest the board with power to make a regulation which would deprive an owner of quarantined cattle of the right to sell or transfer his title to another who was willing to pay the price agreed upon and take the chances of the cattle being restored to health, or being lawfully relieved from quarantine. The mere sale of the cattle, so long as they remained physically confined, did not involve a violation of any regulation which the statute authorized the board to make.</p>