IV PREFACE. 



habits, their habiUty to injure and be injured, — which concern 

 them and all other subjects of property ahke, are not dis- 

 cussed here. For the same reason, where the animal is simply 

 a mechanical factor in the circumstances of a case, the decision 

 belongs under some other category than the present one. 

 This is true, for example, of the numerous cases arising under 

 what is called the Law of the Road, in its wider sense, which 

 involve merely questions of personal negligence on the part 

 of riders, drivers or p'edestrians. Where, however, the ani- 

 mal becomes an active factor in the result, as through its 

 fright or viciousness or liability to injury, the principle of ex- 

 clusion above stated does not apply and the case falls natur- 

 ally within the scope of the present treatise. Otherwise it 

 should be looked for in works dealing with the Law of High- 

 ways or of Negligence. The general subject of Fisheries has 

 also been omitted as belonging properly to the domain of 

 Maritime and International Law and the Law of Water- 

 courses. But this has not precluded a full statement of the 

 rules governing property in fish, whales and seals. 



With regard to the method of treatment adopted, it has 

 been the object of the author to let the cases speak as much as 

 possible for themselves,— in other words, to give, as far as is 

 consistent with reasonable brevity, the facts and grounds of 

 decision in all the more important cases rather than to furnish 

 long lists of cases to support general legal propositions. No 

 attempt has been made to compile and digest the statutory 

 law on the subjects treated of, except in sO' far as it is laid 

 down and interpreted in the decisions themselves. Where 

 there are so many independent jurisdictions, any other plan 

 would be confusing, even if it wei^e practicable. 



Of especial importance in the discussion of such a new sub- 

 ject have been found to be the information derived from and 

 conclusions deduced in essays and articles in leading reviews, 

 notes by learned commentators and other unofficial docu- 

 ments. These, as will be seen, have been carefully examined 

 and largely quoted, wherever that seemed desirable. 



