Page:William Blackstone, Commentaries on the Laws of England (3rd ed, 1768, vol II).djvu/405

 Ch. 25.

ROPERTY, in chattels peronal, may be either in poeion; which is where a man hath not only the right to enjoy, but hath the actual enjoyment of, the thing: or ele it is in action; where a man hath only a bare right, without any occupation or enjoyment. And of thee the former, or property in poeion, is divided into two orts, an abolute and a qualified property. I. then of property in poeion abolute; which is where a man hath, olely and excluively, tle right, and alo the occupation, of any moveable chattels; o that they cannot be transferred from him, or ceae to be his, without his own act or default. Such may be all inanimate things, as goods, plate, money, jewels, implements of war, garments, and the like: uch alo may be all vegetable productions, as the fruit or other parts, when evered from the plant, or the whole plant itelf, when evered from the ground; none of which can be moved out of the owner's poeion without his own act or conent, or at leat without doing him an injury, which it is the buines of the law to prevent or remedy. Of thee therefore there remains little to be aid.

with regard to animals, which have in themelves a principle and power of motion, and (unles particularly confined) can convey themelves from one part of the world to another, Rh