MISCELLANEOUS BEASTS. 37 



ers agreed with the Islands Company that wild cattle should 

 be treated as animals ferce natures, in which no property could 

 be acquired till they were killed or taken, it was held that such 

 cattle (which had originally been introduced into the island 

 and had escaped) must be so treated, whether apart from such 

 agreement they were ferce natures or not.^^® 



The position of the dog at common law is treated of in 

 the next chapter. 



14. Miscellaneous Birds — Though at common law singing- 

 birds were not the subjects of larceny, it has been held in this 

 country that the theft of a tamed mocking-bird is a criminal 

 offense. The court in this case said: "The English courts 

 made exceptions to the rule that reclaimed animals to be the 

 subjects of larceny must be fit for food. Thus the tamed 

 hawk was held to be the subject of larceny though unfit for 

 food, because it served to amuse the English gentlemen in 

 their fowling sports. So reclaimed honey bees were made 

 an exception because, though not fit for food themselves, 

 their honey, is. Under decisions of English and American 

 courts made upon the common law definition of larceny, Mr. 

 Bishop classes the following animals when reclaimed as the 

 subjects of the offense : Pigeons, doves, hares, conies, deer, 

 swans, wild boars, cranes, pheasants, partridges and fish suit- 

 able for food, including oysters. To which might be safely 

 added wild turkeys, geese, ducks, etc., when reclaimed. Of 

 those animals of which there can be no larceny, though re- 

 claimed, he puts down the following : Dogs, cats, bears, foxes, 

 apes, monkeys, polecats, ferrets, squirrels, parrots, singing- 

 birds, martins and coons. In the South, squirrels are in com- 

 mon use as food animals, and the hunters of all climates re- 

 gard bears as good food. Iowa is credited with the de- 

 cisions^" . . . that coons are unfit for food and therefore by 



' Falkland Islands Company v. Reg., 2 Moore P. C. C. N. S. 266. 

 ° Warren v. State, i C. Greene (la.), 106, cited in § 13, supra. 



