LEGAL DEPARTMENT. 579 



" A qualified property in wild animals may be obtained by a person 

 so confining them that they cannot escape and regain their natural 

 liberty." (2 Blackstone's Commentaries, 391.) 



Property in this class of animals is acquired only by possession. 

 Mere pursuit is not sufficient to constitute such possession, though the 

 animal be kept in sight, the pursuer must, by wounding or securing the 

 animal, or otherwise, have deprived it of its natural liberty, and 

 brought it within his control. 



Thus, where N. wounded a deer and followed the track until night 

 and resumed the pursuit in the morning, but the deer, after running, 

 six miles with N.'s dog in chase, was killed by B. Held, that it had 

 not been depriyed of its natural liberty so as to give N. any property 

 in it. 



So, wild fowl which have been tamed, are subjects of property, not- 

 withstanding they are temporarily astray, if they have not regained 

 their natural liberty as wild. 



So, bees are regarded as animals ferm natura, but when hived and 

 reclaimed, a qualified property may be acquired in them. But merely 

 marking the tree in which bees are found does not reclaim the bees, 

 nor vest any property in the finder. Wild bees on a tree belong to the 

 owner of the soil, who may license another to take them, and bees 

 escaping from a hive and swarming on the land of another do not 

 belong to the owner of the soil on which they have swarmed, but to 

 him who had the former possession; but he cannot enter upon the land 

 of another to take them, without subjecting himself to an action of 

 trespass unless he has the owner's permission to do so. 



In the case of domestic animals and reclaimed wild animals the 

 owner has the right to use any of the remedies which the law provides 

 for the recovery of personal property illegally taken or detained from 

 the owner. So, the owner of such an animal has a right of action for 

 damages if one should, either intentionally or negligently, injure, 

 maim or kill such an animal. 



Not only the owner, but one who is in possession of an animal under 

 an arrangement that renders him accountable for it, or for injury to it, 

 may sue to recover for any loss or injury done the property while it is 

 in his possession. In such a case the person in possession is treated 

 as the owner, and is entitled to all the rights of an owner. 



So the owner may recover for accidental or Intentional injuries, as 

 where a dog, followed by his master, was pursuing a fox, and was acci- 



