General Laws of Massachusetts (Last Updated: January 16, 2020) |
PART I ADMINISTRATION OF THE GOVERNMENT |
TITLE VII. CITIES, TOWNS AND DISTRICTS |
CHAPTER 49. FENCES, FENCE VIEWERS, POUNDS AND FIELD DRIVERS |
SECTION 41. Rights of owner in distress proceedings
Latest version.
-
The defendant in an action for rescuing beasts distrained or impounded shall not be allowed to allege or give in evidence the insufficiency of the fences or any other fact or circumstance to show that the distress or impounding was illegal, but if there is such ground of objections to the proceedings he may avail himself thereof in an action of replevin.