Page:Halsbury Laws of England v1 1907.pdf/587

 —— —

— Part

Part

I.

I.

—

Classification of Animals.

Classification

365

Part

of Animals.

I.

Classifica-

tion of

animals "

795. The term

may

Animals. be said to include all beasts, birds, reptiles, fishes, and insects, and is so used here, except where Meaning of some specially restricted meaning is indicated or stated {a). term " animals."

.

796. The common law follows the civil law in classifying Domestic or tame animals. animals in two divisions, as follows This class (1) Domestic or tame {domiUe, or mansuetcs, naturcE),

includes cattle, horses, sheep, goats, pigs, poultry, cats, dogs, and all other animals which by habit or training live in association with

man

(b).

Wild {fercB natitrce), and not classed as domestic or tame. Wild animal This class includes not only lions, tigers, eagles, and other animals of an undoubtedly savage nature, but also deer, foxes, hares, rabbits, (2)

game

of

all

kinds,

all fishes, reptiles

Part

rooks, pigeons, insects (c).

wild

fowl

and the

like,

and

and

II.

— Property Sect.

Animals.

Civil Rights,

1.

Sub-Sect.

in

Domestic Animals.

1.

animals, like other personal and movable Absolute The owner can ^o^eg^^^c^^ subject of absolute property. maintain trover for them, and retains his propert}^ in them if animals, they stray or are lost {d). The property in the young of domestic animals is in the owner of the mother {e), except in the case of

797. Domestic

^

chattels, are the

cygnets (/). Sub-Sect.

2.

Wild Animals.

798. There is no absolute property in wild animals while living, No absolute and they are not goods or chattels {g). There may, however, be ^^j^J^^nhnai' what is known as a qualified property in them, either (1) ratione (a) The term "animals" is specially defined for the purposes of certain statutes, e.g., the Cruelty to Animals Act, 1849 (12 & 13 Vict. c. 92), s. 29 (see p. 409, post) ; the Diseases of Animals Act, 1894 (57 & 58 Vict. c. 57), s. 59 (seep. 421, post); and the Wild Animals in Captivity Protection Act, 1900 (63 & 64 Yict. c. 33), s. 1 (see p. 410, post), which includes fish and reptiles. (6) 3 Co. Inst. 109 ; 1 Hale, P. C. 512. (c) As to animals which, though originally wild, or ferce naturce, have been tamed and are actually in a state of subjection, see p. 366, post. Domestic animals which have reverted to a wild state are ferce naturce, see Falkland Islands Co. v. The Queen (1863), 2 Moo. P. C. C. (n. s.) 266. {d) Putt V. Roster (1682), 2 Mod. Eep. 318; Binstead v. Bnch (1776), 2 Wm. Bl.

1117.

" Propertie," 29. (e) Brooke's Abridgment, tit. The the maxim of the civil law. Partus sequitur ventrem. (/) See note (^), p. 366, post; 2 Bl. Com., ch. 25. {g) Case of Swans {ld92), 7 Co. Eep. 16 a.

common law

follows