APPENDICES. 
Appendix A. 
■Law Cases. 
In Burma tame animals are constantly escaping and joining wild 
herds. It is therefore well to know the law on the subject, as the 
question of ownership of such animals has often been raised in India. 
The following case is quoted from Sanderson : 
''The following is a case on appeal decided in the High Court of 
Judicature, Calcutta, in favour of the Government establishment that 
recaptured an escaped elephant : — 
" Plaintiff, a zemindar, alleged that he had the female elephant 
in question in possession for six years, when she fled to the jungles. 
He made diligent search for her, and reported her loss at the nearest 
district police-station. He heard a year later that she had been 
recaptured in the Sylhet district in the Government Kheddahs. His 
claim to the animal being rejected by the Superintendent of 
Kheddahs, he instituted a suit for her recovery in the Court of the 
Collector of Sylhet. The Collector gave judgment in favour of the 
Superintendent of Kheddahs on behalf of Government. Plaintiff 
thereupon appealed to the High Court of Judicature, Calcutta, but 
his appeal was dismissed on the grounds that such animals being 
originally feras nature are no longer the property of man than while 
they continue in his keeping. If at any time they regain their 
natural liberty, his property ceases, unless they have animus rever- 
tandi which is only to be known by their usual custom of returning 
or, unless instantly pursued by their owner, for during such pursuit 
his property remains. In this case pursuit had ceased, and the 
animal had returned to its natural and independent state." 
Civil Second Appeal No. 25 of 1900, May jth, 1900. 
Injury caused by animal, tame or wild— Injury due to owner's neg-ligence— 
Liability for— Proof of negligence — Proof of scienter — Necessity for. 
Before the Judicial Commissioner , Upper Bitrma. 
Maung Kyaw Dun ... ... ... Applicant 
(1) Ma Kyin 
(2) Narayanan Chetty 
