6 WILD ANIMALS. 



cited above/' but in the opinion in Pierson v. Post it is said: 

 "To a certain extent and as far as Barbeyrac appears to me to 

 go, his objections to Puffendorf s definition of occupancy are 

 reasonable and correct. That is to say, that actual bodily 

 seizure is not indispensable to acquire right to or possession 

 of wild beasts ; but that, on the contrary, the mortal wounding 

 of such beasts by one not abandoning his pursuit may with 

 the utmost propriety be deemed possession of him; since 

 thereby the pursuer manifests an unequivocal intention of ap- 

 propriating the animal to his individual use, has deprived him 

 of his natural liberty and brought him within his certain con- 

 trol. . . . Barbeyrac seems to have adopted and had in view 

 in his notes the more accurate opinion of Grotius with respect 

 to occupancy." ^* And in a Canadian case it was held that one 

 who has chased a wild animal and wounded it is to be re- 

 garded as the first occupant so long as he remains in pursuit, 

 and to be the owner as against another who catches or kills 

 it.^^ Some further cases are considered below in treating of 

 property in particular kinds of animals.^" 



4. Animus Revertendi— It has been already said that this 

 property in wild animals is qualified only and ceases when 

 they escape from the control of their owner. If, however, 

 they have what is called the animus revertendi, which is only 

 to be known by their usual habit of returning whence they 

 have escaped, the rule is otherwise and they remain the prop- 

 erty of the original owner during their absence.^^ "The law 

 therefore," as Blackstone says, "extends this possession 

 further than the mere manual occupation ; for my tame hawk 

 that is pursuing his quarry in my presence, though he is at 

 liberty to go where he pleases, is nevertheless my property ; 



"2 Kent Com. 349, citing Inst. 2, i, 13; Dig. 41, i, 5, 2. 

 " 3 Cai. (N. Y.) 178. 



" Charlebois v. Raymond, 12 Low. Can. Jour. 55. 

 '° See §§ 8-14, infra. 



"2 Kent. Com. 348; 2 Bl. Com. 391; 13 Vin. Abr. 207; Brooke's Abr., 

 "Propertie,"' 37. 



