Massachusetts Statutes
§ 41 — Rights of owner in distress proceedings
Massachusetts § 41
JurisdictionMassachusetts
Part IADMINISTRATION OF THE GOVERNMENT
Title VIICITIES, TOWNS AND DISTRICTS
Ch. 49FENCES, FENCE VIEWERS, POUNDS AND FIELD DRIVERS
This text of Massachusetts § 41 (Rights of owner in distress proceedings) is published on Counsel Stack Legal Research, covering Massachusetts primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Bluebook
Mass. Gen. Laws ch. 49, § 41 (2026).
Text
Section 41. 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.
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Massachusetts § 41, Counsel Stack Legal Research, https://law.counselstack.com/statute/ma/49/41.