THE GAME BREEDER 13 



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at the present time can be taken in re- field or wood, where many similar birds 

 plevin by the" owner before the suit is live, certainly no longer is "in captivity" 

 decided, It does not follow that a grouse the ownership is as surely ended as is the 

 or a quail or other game bird, reared in ownership of wild fowl which fly out to 

 a wild state in a field where it has been public waters from the pond where thev 

 mtroduced by the owner, can be taken were bred by industry and where thev 

 m replevm if it departs from the field were "in captivity" so long as they kept 

 and from the control the owner of the returning to the home pond 

 game may have had over it bv reason of a mVoff^ ^ • . • ' , 



feeding i[ and caring for it Lile it^^e- tle^^^Tf a Zn| ZlTlf^ 7^^ 



z^t^^^j^ ^:]t:T^^ ^z^^'Ar 'r ^-- 



and hatched the game. ^^ fL "?n ..nf ,-^ . '' f^^^ '" '"^ H 't' 



Tf V, K A A ^ .u J , . , iS captivity doctrine is applied. 



It has been decided that a deer which The monkey of the organ-grinder which 



escaped from a park might be deemed has slipped his collar was cited at an- 



to be in captivity" so long as the keeper other time by Mr. Talbot as illustrating 



was in close pursuit and able to identify his claim that an escaping animal was 



It. The captivity vanished and the still "in captivity." The ownership of the 



ownership ceased when the deer joined monkey was absolute. The monkey was 



others in the woods or was lost to sight easily identified. There are many deci- 



and was said to have again become ferae sions about bees. So long as they go 



"^i"n^^■ , • , „ • , ^"^ *^°™^ ^^^^ and to a hive they may 

 All legal writers and all judges who be said to be owned and in captivity 

 have passed on game and its ownership. When they swarm and depart in a body 

 and the in captivity ' question, say that the ownership still may remain as in 

 the ownership of game is a "qualified the case of the deer, so long as the bees 

 ownership, and that such ownership are in sight and the owner is in pursuit 

 easily may be ended, as when the game of them. The ownership ends when the 

 wandered from the premises. bees are lost in the woods, although they 

 The ownership of the slave was and may probably be seen again in a place 

 the ownership of poultry and domestic where there are similar objects 

 animals is not a "qualified ownership," If this is a "lack of legal understand- 

 but an absolute ownership Such animals ing," as Mr. Talbot says, we would seem 

 may be followed and retaken in replevin to have the same failing which Black- 

 just as slaves were. We agree that in stone had and which lawyers and courts 

 all cases where the ownership is absolute have had from his time to the present. 



"^ ca^tivkv "'Vt"^ ' \^'' ''^T °^ W^ ^t^" '^^^^ that partridges in a field 



no S^^^lr whprJtLT^^^ ^^ '"""''T' ^' ^ ^i^tance from a house Ire more in 



^'l?fl^ "^h^'V.^^ personal property, danger of being netted and stolen than 



may t SdXav's to h' ^.^"^^^^"? W PO^^try is when^oused near a residence 



ma^ be said always to be in captivity." where a watch dog is on hand. We still 



leer or ot^"' .Z"""'i^'' P'''^'^' '^^^^^^^ ^^^ Ph--"^^ -" ^^ more eaJi^^ 



eas^Iv Z loi th5 " n T > ow""?i'h\P taken by poachers when roosting in a 



terminated ' ^^Pt^vity ' easily is ^ood at a distance from the protected 



T>, ^ , ■ , poultry yard, than the poultry can be 



Mr. ialbot, no doubt, had in mind his taken. We believe more game than 

 Golden or Lady Amhurst pheasant in a poultry is stolen where both are plenti- 

 pen. 1 here are decisions that if a com- ful. This may be because the game is 

 paratively rare animal, unusual to a more valuable. In the older countries 

 neighborhood, escapes from captivity it the license regulations are applied to the 

 may still be considered to be "in cap- game dealers who. are strictly held to ac- 

 tivity when found wandering in a wild count. Here again we find a difference 

 state in a wood where easily it is recog- between the management of game and 

 nized. A quail having wandered into the poultry. Nothing would suit the writer 



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