animal

Any animate being which is not human, endowed with the power of voluntary motion. Domitae are those which have been tamed by man; domestic. Ferae naturae are those which still retain their wild nature. Mansuetae naturae, those which are tame by nature.

Any animate being which is not human, endowed with the power of voluntary motion. Domitce are those which have been tamed by man; domestic. Ferce natures are those which still retain their wild nature. A man may have an absolute property In animals of a domestic nature; 2 Mod. 319; 2 Bla. Com. 390; but not so in animals fcrce natures, which belong to him only while in his possession; Wallis v. Mease, 3 Binn. (Pa.) 546; Pierson v. Post, 3 Caines (N. Y.) 175, 2 498; 2 B. & C. 934. Yet animals which are sometimes ferce naturw may be tamed so as to become subjects of property; as an otter; State v. House, 65 N. C. 315, 6 Am. Rep. 744; pigeons which return to their house; 2 Den. Cr. Cas. 362; 4' C. & P. 131; Com. v. Chace, 9 Pick. (Mass.) 15, 19 Am. Dec. 348; or pheasants hatched under a hen; 1 Fost. & F. 350. And the flesh of animals fer<z natures may be the subject of larceny; 3 Cox, Cr. Cas. 572; 1 Den. Cr. Cas. 501; 2 C. & K. 9S1; State v. House, 65 N. C. 315, 6 Am. Rep. 744. Animals ferce nature? were considered by the Roman law as belonging in common to all the citizens of the state; Geer v. Connecticut, 161 U. S. 319, 16 Sup. Ct. 600, 40 L. Ed. 793; and by the common law the property in game was based on common ownership and subject to governmental authority; 2 Bla. Com. 14. One may have the privilege of hunting wild animals to the exclusion of other persons; 7 Co. 18 a; but only by grant of the king or of his officers or by prescription; id. (the case of the swans). In the United States the ownership of such animals is vested in the state, not as proprietor, but in its sovereign capacity, as representing the people and for their benefit; Ex parte Maier, 103 Cal. 476, 37 Pac. 402, 42 Am. St. Rep. 129; State v. Repp, 104 la. 305, 73 N. W. 829, 40 L. R. A. 687, 65 Am. St. Rep. 463. It alone has power to control the killing and ownership of wild game; Geer v. Connecticut, 161 U. S. 532, 16 Sup. Ct. 600, 40 L. Ed. 793. Animals wild by nature are subjects of ownership while living only when on the land of the person claiming them; Cal. Civ. Code § 656. Under this provision it was held that one has a right in wild game birds within his game preserves, which entitles him to protect them against trespassers; Kellogg v. King, 114 Cal. 378, 46 Pac. 166, 55 Am. St. Rep. 66. Deer, when reclaimed and enclosed, are property, Dietrich v. Fargo, 194 N. Y. 359, 87 N. E. 518, 22 L. R. A. (N. S.) 696. Bees are /era? naturw; Goff v. Kilts, 15 Wend. (N. Y.) 550; but when hived or reclaimed one may have a qualified property in them; Goff v. Kilts, 15 Wend. (N. Y.) 550; Rexroth v. Coon, 15 R. I. 35, 23 Atl. 37, 2 Am. St. Rep. 863; because they "have a local habitation, more often in a tree than elsewhere, and while there they may be said to be within control, because the tree may at any time be felled. But the right to cut it down is in the owner of the soil, and therefore such property as the bees are susceptible of is in him also"; Cooley on Torts 435; State v. Repp, 104 la. 305, 73 N. W. 829, 40

Any animate being which is endowed with the power of voluntary motion. In the language of the law the term includes all living creatures not human. Domitœ are those which have been tamed by man; domestic. Eerœ natures are those which still retain their wild nature. Mansuetœ natures are those gentle or tame by nature, such as sheep and cows.

— Animals of a base nature. Animals in which a right of property may be acquired by reclaiming them from wildness, but which, at common law, by reason of their base nature, are not regarded as possible subjects of a larceny. 3 Inst. 109; 1 Hale, P. C. 511, 512. Animalia fera, si facta sint mansneta et ex consuetudine ennt et redennt, volant et revolant, nt cervi, cygni, etc., eo usque nostra snnt, et ita intellignntur quamdiu habuerunt animum revertendi. Wild animals, if they be made tame, and are accust6med to go out and return, fly away and fly back, as stags, swans, etc., are considered to belong to us so long as they have the intention of returning to us. 7 Coke, 16.

A living being tion; but commonly law divided into two wild nature; and

property. <A name given to every animated being provided with digestive organs. In law it signifies al] animals except those of the human species. Animals have the power of locomotion, or they are deprived of that faculty. Those which possess the locomotive power, are distinguished into such as are domitea, and such as are fere nature. It is laid down, that in tame or domestic animals, such as horses, kine, sheep, poultry, and the like, a man in his possession, and occupation, and will, not stray from his house and person unless by accident or fraudulent enticement, in either of which cases the owner doesenot lose his property. 2 Bl. Com. 390; 2 Mod. 319. But in animals fere nature, a man can have no absolute property; his property in them is qualified; they belong to him only while they continue in his keeping or actual possession; for if at any time they regain their natural liberty, his property instantly ceases, unless they have animum reveriendt, which is only to be known by their usual habit of returning. 2 BI. Com. 396; $8 Binn. 546; Bro. Ab. Propertie, 37; Com. Dig. Biens, (F); 7 Co. 17 b; 1 Ch. Pr. 87; Inst. 2, 1, 15. The owner of a mischievous animal, known to him to have this vice, is responsible, when he permits him to go at large and do mischief, for the damages he may occasion, 2. Esp. Cas. 482; 4 Campb. 198; 1 Starkie’s Cas. 285; 1 Holt, 617; and any person may justify the killing of such ferocious animal, 9 Johns. 233; 10 Johns. 365; 13 Johns. 312. The owner of such an animal may be indicted for a common nuisance, 1 Russ. Cr. 303; Ch. Cr. Law, 643; Burn’s Just., Nuisance, 1. In Louisiana, the owner of an animal is answerable for the damage he has caused; but if the animal had been lost, or had strayed more than a day, he may discharge himself from this responsibility, by abandoning him to the person who has sustained the injury; except where the master has turned loose a dangerous or noxious animal; for then he must pay all the harm done, without being allowed to make the abandonment. Civ. Code, a 2301. ANIMALS OF A BASE NA-