Animal

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.

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