36 WILD ANIMALS. 



Where the defendant killed on his own land which ad- 

 joined that of the plaintiffs and was unfenced, a deer, one of 

 the progeny of some imported by the plaintiffs and defend- 

 ant, and allowed to run at large upon the land, it was held 

 that the deer was ferw natures and belonged to the defendant, 

 having been shot by him on his own land.^^^ 



A buffalo, captured when a calf and so domesticated as to 

 take food from its master's hand and be easily driven, is the 

 subject of property ; its owner is liable for its trespassing and 

 may recover for injuries done to it.'^^ 



Trover will lie for musk-cats and monkeys without alleging 

 that they are reclaimed.^^^ 



A coon has been held not to be the subject of larceny, 

 though the right of the owner would be protected by a civil 

 action.^^* But this decision has been criticised.^^^ 



So a sable caught in a trap has been held not to be the sub- 

 ject of larceny on the ground that it is of too base a nature.^^^ 



But, on the other hand, an otter in a trap has been held 

 to be the subject of larceny.^^^ 



Ferrets, though tame and salable, have been held not to 

 be the subjects of larceny.^^^ 



A grant of land in fee by the crown and also a license to 

 depasture cattle on crown lands (in substance a lease) carries 

 with it the right to capture and appropriate all wild animals 

 found on such land. And where the Emigration Commision- 



^^ Re Long Point Co. v. Anderson, 19 Ont. 487. 



As to the possession of deer in a park that will justify shooting in close 

 season, see State v. Parker, 89 Me. 81, cited in § 129, infra. 



'"^ Ulery v. Jones, 81 111. 403. See the comments on this case quoted 

 in § I, supra. 



"^ Grymes v. Shack, Cro. Jac. 262. 



'" Warren v. State, i C. Greene (la.) 106. 



"° See the opinion in Haywood v. State, 41 Ark. 479, quoted in § 14, 

 infra. 



■=« Norton v. Ladd, 5 N. H. 203. 



"' State V. House, 65 N. C. 315. And see extracts from the opinion 

 in this case in § 5, supra. 



™ Rex V. Searing, Russ. & Ry. C. C. 350. 



