TITLE I. 

 PROPERTY IN ANIMALS. 



CHAPTER I. 



WILD ANIMALS. 



1. General nature of this property. 9. Pigeons, doves, pheasants, par- 



2. Character of confinement. tridges, swans. 



3. Pursuit. 10. Whales, seals. 



4. Animus revertendi. 11. Fish, oysters. 



5. When wild animals are the sub- 12. Cats. 



jects of larceny. 13. Miscellaneous beasts. 



6. Property in game. 14. Miscellaneous birds. 



7. The increase of wild animals. 15. Inheritance in wild animals. 



8. Particular animals considered. 



Bees. 



1. General Nature of This Property — The distinction be- 

 tween wild and domestic animals as subjects of property is 

 one that exists both in the common and the civil law. With- 

 out discussing the question whether all animals were orig- 

 inally fera naturce until tamed by man, it may be said in the 

 words of Blackstone that "our law apprehends the most ob- 

 vious distinction to be between such animals as we generally 

 see tame and are therefore seldom, if ever, found wandering- 

 at large, which it calls domitce natures, and such creatures as- 

 are usually found at liberty, which are therefore supposed to 

 be more emphatically feres naturce, though it may happen that 

 the latter shall be sometimes tamed and confined by the art 

 and industry of man." ^ 



' 2 Bl. Com. 391. 



