Page:An introduction to Roman-Dutch law.djvu/160

 Rh 120 THE LAW OF PROPERTY Occupa- tion. Wild animals. to recalling the heads of classificatioti therem contained, and to directing attention to some particulars in which the Roman-Dutch Law presents features of peculiar interest. I. Occupation may be defined as the lawful seizing (with the intention of becoming owner) of an unowned corporeal thing capable of ownership.-^ This mode of acquisition is applicable to : (1) wild beasts, birds, and fishes ; ^ (2) enemy goods ; ^ (3) stones, &c., on the sea- shore ; * (4) treasure {thesaurus) ; ® (5) islands arising in the sea ; ^ (6) abandoned things (res derelictae) ; ' and, in short, to every ownable thing, which either never has been owned or having once been owned is owned no longer.® With regard to wild animals, in particular, the Dutch Law departed very widely from the law of Rome. It is, however, unnecessary to recall the obsolete feudal customs and game laws which formed a great part of the old law.^ Such matters are now regulated in each of the Colonies by local legislation.^" One doubtful point may be men- tioned, viz. as to the ownership of tamed animals which have lost the animus revertendi.^^ According to several authorities they do not thereby revert to their natural liberty, but remain the subject of private ownership.^^ Falcons and sparrow-hawks are cited as examples. The instances given rather suggest that the rule itself belongs ^ Voet, 41. 1. 2 ; Heinecc. Elem. Jur. Civ. ad Inst., sec. 342. Inst. 2. 1. 12-16. ^ Inst. 2. 1. 17. * Inst. 2. 1. 18. ^ Inst. 2. 1. 39. " Inst. 2. 1. 22. ' Inst. 2. 1. 47. Law : viz. (7) the seashore by building upon it (Dig. 1, 8. 6. pr. ; 41. 1. 14. 1) ; and (8) specification, when the speoificator is not owner of the material. Dig. 41. 1. 7. 7. ° For which see Gr., book ii, chap. 4 ; Van Leeuwen, 2. 3. 2 ff. They were swept away at the end of the eighteenth century (1795), (V. d. K. Th. 185-7) ; but fresh regulations were found necessary a few years later. V. d. L. 1. 7. 2. ° See e. g. Ceylon Ord. No. 1 of 1909, which amends and consolidates the law relating to the protection of game, wild beasts, birds, and fish. Pereira, p. 340. Inst. 2. 1. 15 ; Dig. 41. 1. 6. 6 ; Gr. 2. 4. 13. 1^ Gens. For. 1. 2. 3. 7 ; Voet, 41. 1. 7 ; Groen. de leg. abr. ad Inst., ubi sup.
 * Gr. 2. 1. 60. Two more cases of occupation occur in Roman