Poppen v. Holmes

Citations

• 44 Ill. 360

Syllabus

<p>1. Sale oe impounded animals — necessity of a judicial investigation. The act of 1861, which gives to towns the power to restrain or prohibit the mining at large of certain animals, and authorizes the distraining, impounding and sale of the same for penalties incurred, and the costs of the proceedings, does not give to towns the power to confer upon any of its officers authority to make sales of impounded animals except upon the contingency that penalties have been incurred.</p> <p>2. But to ascertain whether a penalty has been incurred or not is a proceeding purely judicial in its character, and the power cannot be exercised by the pound-master by virtue of his office; nor can a town by its by-laws, authorize the pound-master to sell property without a judicial ascertainment that some law has been violated.</p> <p>3. And a sale of property by the poundmaster without such judicial ascertainment being first had, will not divest the owner of his title.</p>