OWNERSHIP OF ANIMALS 231 
186. Animals Ferae Naturae. Wild animals are 
called in law, ‘‘animals ferae naturae.’’ As such 
they are not subject to ownership. When cap- 
tured and confined, or when tamed, they are re- 
garded as qualified property. ‘‘No one can acquire 
an absolute property in animals ferae naturae, but 
the ownership of such animals is at most a quali- 
fied one, and belongs to all the people of the state 
in common.’’*> The state may therefore protect 
such animals by statutes, prescribing the times and 
manner for their killing; * and it may prohibit the 
killing of certain animals, or killing them during 
certain months; and such prohibition includes 
such game raised artificially in captivity.” 
187. Dead Animals. Animals ferae naturae 
may be made property by killing. They thus be- 
come the property of the hunter, and by him may 
be sold, if the law does not forbid such transfer of 
property right. In some states each hunter is 
limited to a certain number in the killing of game, 
and he may not sell game to any one. Property 
cannot be created contrary to law. The posses- 
sion of game in the closed season has therefore 
been held to be illegal,® even when the property 
right was established by killing in the open sea- 
son. This is also true where the game has been 
shipped in from another state,1° but the New 
5 State v. Niles, 78 Vt. 266, 10; Smith v. State, 155 Ind. 
62 Atl. 795,112 Am. St. R. 917. 611; 58 N. E. 1044, 51 L. R. A. 
6Geer v. Connecticut, 161 U. 404; State v. Rodman, 58 Minn. 
S. 519. 393, 59 N. W. 1098. 
7Commonwealth v. Gilbert, 10 Merritt v. People, 169 Ill. 
160 Mass. 157. 218, 48 N. E. 325; Ea Parte, 
8PUBLIC HEALTH, 187; Maier, 103 Cal. 476, 37; Pac. 
Freund, Police Power, 528. 402, 42 Am. St. R. 129. 
9Phelps v. Racey, 60 N. Y. 
