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It is said iu tlie Institutes of Justinian: 



"11. Things become tlie property of individuals m many ways; 

 for we obtain the ownersliip of some b}^ the natural law, which, as we 

 have said, is styled jus r/oiti/xm; and of some by the civil law. It is 

 most convenient, then, to commence with the more ancient law, and it is 

 clear that the more ancient is the natural law, since the nature of things 

 brought it into existence simultarieously with the human race itself; 

 whilst civil laws began to exist when states were first founded, magis- 

 trates appointed, and laws written. 12. Wild beasts, therefore, ar,d 

 l)irds and fislies, that is to say, all animals that live on the earth, in 

 in the sea or in the air, a^ soon as they are caught by any one, become 

 his at once by virtue of the law of nations. For whatever has previ- 

 ously belonged to no one is granted by natural reason to the first 

 taker. Nor does it matter whether the man catches the wild beast or 

 bird on his own ground or on another's; although a person purposing 

 to enter on another's land for the purpose of hunting or fowling may, 

 of course, be prohibited from en.tering by the owner if he perceive him. 

 Whatever, then, you have caught of this kind is regarded as yours, so 

 long as it is kept in your custody; but when it has escaped from your 

 custody and reverted to its natural freedom it ceases to be yours, and 

 again belongs to the first taker. And it is considered to have recov- 

 ered its natural freedom when it has eitlier escaped out of your sight, 

 or is still in sight, but so situated that its pursuit is difficult, 13. It 

 has been debated whether a wild beast is to be considered yours at 

 once, if wounded in such a manner as to be capable of capture; and 

 some have held that it is yours at (mce, and is to be regarded as yours 

 so long as you are pursuing it; but that if you desist from pursuit it 

 ceases to be yours and again belongs to the first taker. Others have 

 thought that it is not yours until you have actually caught it. And 

 we indorse the latter opinion, because many things may happen to pre- 

 vent your catching it. 14. Bees, too, are naturally wild. Therefore, 

 any bees which vsettle upon your tree are no more considered yours, until 

 you have hived them, than birds which have made their nest in that 

 tree of yours; if, therefore, any one else hives them he will be their 

 owner. The honeycomb, too, which they have made, anyone may take 

 away. But undou])tedly if you see a X)erson entering upon your land 

 before anything has been removed {in mtcfjra re) you may legally for- 

 bid him to enter. A swarm which has flown from your hive is consid- 

 ered to be yours, so long as it is in your sight and its pursuit not 

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