150 



naturae, though it may liappen that tlie hitter shall be sometimos tamed 

 and couliued by the art and industry of man — such as are deer in a 

 park, hares or rabbits in an inclosed warren, doves in a dove house, 

 pheasants or i^artridges in a inew, hawks that are fed and commanded 

 by their owner, and fish in a i)rivate pond or in trunks. These are no 

 longer the i)roperty of man than while they continue in his keeping or 

 actual possession ; but if at any time they regain their natnral liberty his 

 property instantly ceases, unless they have animum revertendi., ichich 

 is only to he Jcnotcn by their usual custom of returning. A maxim 

 which is borrowed from the civil law, revertendi animum mdentur desi- 

 nere habere tunc, cum revertendi consuetudinem deseruerint. The law, 

 therefore, extends this possession further tiiau the mere manual occu- 

 j)atiou; for my lame hawk, that is pursuing his quarry in my presence, 

 though he is at liberty to go where he i:>leases, is nevertheless my prop- 

 erty, for he has animum revertendi. So are my i^igeons that are flying 

 at a distance from their home (especially of the carrier kind), and like- 

 wise the deer that is chased out of my park or forest, and is instantly 

 ixirsued by the keeper or forester; all which remain still in my jiosses- 

 sion, and I still preserve my qualified lU'operty in them. * * * Bees 

 also are ferce naturoi, but when hived and reclaimed, a man may have 

 a qualified property in them by the law of nature, as well as by the 

 civil law. * * * In all these creatures, reclaimed from the wildness 

 of their nature, the property is not absolute, but defeasible; aprojierty 

 that may be destroyed if they resume their ancient wildness, and are 

 found at large." Bh 3, p. 391. 



Kent, in his Commentaries, says: 



" Animals /<3r(ie naturce, so long as they are reclaimed by the art and 

 power of man, are also the subject of a qualified property; but when 

 they are abandoned, or escape, and return to tlieir natural liberty and 

 ferocity, without the animus revertendi, the property in them ceases. 

 While this qualified property continues, it is as much under tlie pro- 

 tection of law as any other property, and every invasion of it is 

 redressed in the same manner. The diflioulty of ascertaining with pre- 

 cision the application of the law arises from tlie want of some certain 

 determinate standard or rule by which to determine when an animal 

 is/era', vel domitic natnrw. If an animal belongs to the class of tame 

 animals, as, for instance, to the class of horses, slieep, or cattle, he is 

 then a subject clearly of absolute property; but if he belongs to the 

 class of animals which are wild by nature, and owe all their temporary 



