MISCELLANEOUS BIRDS. 39 



poultry, and the evidence goes to prove that they were not 

 tamed and domesticated." ^^* 



A pea-fowl in the possession of its owner is the subject of 

 larceny.^^* 



A turkey is a domestic animal, and it is not necessary that 

 the indictment should state it to be a tame turkey.^^' And 

 in an Hawaiian case it was held that turkeys brought to the 

 island and afterwards allowed to go wild were not ferce natnrcE, 

 so as not to be the subjects of larceny, the court saying: 

 "These turkeys, although 'wild,' are not, properly speaking, 

 'wild animals.' Where the phrase 'wild animals' is used the 

 word 'wild' is used as a generic term to indicate that they are 

 of a species not usually domesticated, and does not refer to 

 their comparative docility or familiarity with men. We con- 

 sider that these turkeys are not, properly speaking, animals 

 ferce fuitura, though partaking of their habits." ^^^ 



The property in wild geese which have been tamed con- 

 tinues though they stray away, if they have not regained their 

 natural liberty."^ And in the civil law it is said : "Fowls and 

 geese are not by nature wild, for it'is manifest that wild fowls 

 are different and wild geese are different. Therefore if my 

 geese and fowls being in anywise frightened, have flown away 

 so far that one does not know where they are, they remain 

 nevertheless in our ownership." i*" 



It has been held that no action lies for disturbing a rookery. 

 "They [rooks] clearly answer the description of birds which 

 are feres naturce and, according to this act of parliament, are 

 destructive to the neighborhood where they resort. There 

 is no act of parliament with which we are acquainted which 

 gives them any protection; but, on the contrary, those 



"" Swan V. Saunders, 44 L. T. N. S. 424. 

 ™ Com. V. Beaman, 8 Gray (Mass.) 497. 

 "' State V. Turner, 66 N. C. 618. 

 "° Rex V. Mann, cited in 23 Alb. L. Jour. 444. 

 '°° Amory v. Flyn, 10 Johns. (N. Y.) 102. 



"° Gai. II, § 68, Quoted in Salkowski's Roman Private Law (Whitfield) 

 §83. 



