TITLE III. 

 RIGHTS OF OWNERS OF ANIMALS. 



CHAPTER 11. 



THEFT AND REMOVAL OF ANIMALS. 



51. The felonious intent. 57. Cattle, sheep, hog, deer. 



52. The taking. 58. Living and dead animals; evi- 



53. Asportation, killing, removal dence. 



to another county or State. 59. Driving animals from the 



54. Ownership; want of consent. range. 



55. The description in the indict- 60. Altering brands and marks. 



ment. 61. Civil remedies; measure of 



56. Horse, mare, gelding, etc. damages. 



51. The Felonious Intent — We have already considered the 

 question what animals are the subjects of larceny.^ Nor is it 

 necessary in the present work to discuss at large the general 

 principles of larceny at common law and by statute. The 

 rules with regard to the felonious intent, the taking and 

 asportation, the distinctions between servants and bailees, 

 etc., apply as well to the larceny of this kind of property as 

 of any other. Notwithstanding this, there are so many pe- 

 culiarities to be considered arising from the essential nature 

 of animal life that it has been thought expedient to adopt such 

 a systematic order of treatment here as might be followed 

 in a general treatise on the law of larceny. A few words will 

 be said afterwards on the subject of civil remedies for the de- 

 privation of property in animals. 



The whole question of guilt depends, as in other cases of 



' See Title I, supra. 



167 



