WHAT ANIMALS ARE PROTECTED. 527 



by a photographer in his business was held not to be a do- 

 mestic animal," and the case last cited was distinguished as 

 there "the linnets were trained to perform a particular serv- 

 ice which cannot be correctly asserted of the sea-gull in the 

 present case." * So, young, unacclimated parrots were held 

 not to come within the protection of the statute ; * nor lions 

 kept in a cage and made to give a public performance by means 

 of fear.^" In the latter case, Wright, J., said: "I agree with 

 the argument for the appellant to this extent, that animals, 

 however wild by nature, may become domestic under some 

 circumstances. I should think that leopards trained to hunt 

 for their master, otters trained to catch fish, and elephants 

 trained to assist in the capture of wild elephants, might be 

 held to be domestic. Speaking for myself, I should be pre- 

 pared, if necessary, to say that they were. Domestic is not 

 the same thing as domesticated, but I think that an animal 

 ought to be regarded as a domestic animal which is of a kind 

 ordinarily domesticated, and which is in fact itself domesti- 

 cated." 



Lizards, known as American chameleons, are not made 

 domestic by the fact that they are bought and sold as pet 

 ornaments and toys.^^ 



Coursing with dogs and cruelly torturing wild rabbits 

 which had been caught in nets five or six days before and 

 since kept in confinement, was held not to be cruelty to 

 "domestic animals." ^^ 



A domestic cock is an "animal" within the protection of 



would indicate, I think, any pet bird such as a parrot, canary or 

 linnet." 



'Yates V. Higgins, [1896] i Q. B. 166. 



° Swan V. Saunders, 44 L. T. N. S. 424- And see 71 L. T. 117. 



'" Harper v. Marcks, [1894] 2 Q. B. 319, where it is said: "It is impossi- 

 ble to say that a wild animal kept in a cage becomes by the mere fact 

 a domestic animal." 



"In re Racey (Montreal Police Court), 49 Alb. L. Jour. 252; S. P. 

 C. A. V. Graetz, 17 Leg. News (Can.) 74. 



'^Aplin V. Porritt, [1893] 2 Q. B. 57- 



