The wild animals, such as deer, hares, foxes, &c., are understood to be those, which by reason of their swiftness or fierceness, fly the dominion of man, and in these no person can have a property, unless they be tamed or reclaimed by him and as property is the power that a man hath over any other thing for his own use, and the ability that he has to apply it to the sustentation of his being, when the power ceases, his property is lost and by consequence, an animal of this kind, which after any seizure escapes in to the wild common of nature, and asserts its won liberty by its swiftness, is no more mine than any creature in the Indies, because I have it no longer in my power or disposal. ß Trover lies for wild geese which have strayed away, without regaining their natural liberty. So a person may justify in assault and battery in defence of his dog that is tame, Rast.
So, several sorts of dogs are tame, as the mastiff, hound, which comprehends greyhound, &c., spaniel, and tumbler and for these a person may maintain an action of trespass, without alleging that they were tame. So peacocks, like other domestic fowls, are tame. The tame animals, such as (a) horses, cows, sheep, &c., are such creatures, as by reason of their sluggishness and unaptness for motion, do not fly the dominion of mankind, but generally keep within the same purlieus and pastures, and may be easily pursued and overtaken if by accident they should escape and therefore, the owner hath the same kind of property in them as he hath in inanimate chattels, and for the violation thereof may bring an action of trespass. Before we take notice of the statutes made for the preservation of the game, it may be necessary to observe how the common law stood herein and this depends upon the difference made between tame and wild animals. Page number to the above cited publication are noted with *'s, for example Dates marked have been added for the readers convenince.] Comments and notes by the American editor John Bouvier are noted by ß…£ and are current up to the date of 1843. To which are added Notes and References to American and English Law and Decisions. With The Notes and References Made to the Edition Published in1809 by Bird Wilson, Esq.
Large Additions and Corrections, by Sir Henry Gweyllim and Charles Edward Dodd, Esq.
Steal bl game full#
A full explaination of the laws of game for the British.
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