622 LEGAL DEPARTMENT. 



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 de- 

 prived 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 fera naturce, but, when hived and 

 reclaimed, a qualified property may be acquired in them. Bees living 

 in a state of freedom shall be the property of the person discovering 

 them, whether he is or is not the proprietor of the land on which they 

 have established themselves. If a swarm of bees leave a hive an owner 

 can retake possession of them, even if they settle on the land of another, 

 but he must first notify the owner of the land where they have settled, 

 and compensate him for damages. If the owner of a swarm does not 

 follow them, any other person may, and such person may take posses- 

 sion of them unless the owner of the land objects. (R. S. O. 1897, 

 Cap. 117.) 



In 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 re- 

 covery 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- 

 dentally shot by another party who claimed to have shot at the fox. but 

 accidentally killed the dog, the owner was entitled to damages. 



Where a horse trespassed on the premises of a neighbor of the owner 



