Page:William Blackstone, Commentaries on the Laws of England (3rd ed, 1768, vol II).djvu/408

 392 tures as are uually found at liberty, which are therefore uppoed to be more emphatically ferae naturae, though it may happen that the latter hall be ometimes tamed and confined by the art and indutry of man. Such as are deer in a park, hares or rabbets in an encloed warren, doves in a dovehoue, pheaants or partridges in a mew, hawks that are fed and commanded by their owner, and fih in a private pond or in trunks. Thee are no longer the property of a man, than while they continue in his keeping or actual poeion: but, if at any time they regain their natural liberty, his property intantly ceaes; unles they have animum revertendi, which is only to be known by their uual cutom of returning. A maxim which is borrowed from the civil law ; "revertendi animum videntur deinere habere tunc, cum revertendi conuetudinem deeruerint." The law therefore extends this poeion farther than the mere manual occupation; for my tame hawk that is puruing his quarry in my preence, though he is at liberty to go where he pleaes, is nevertheles my property; for he hath animum revertendi. So are my pigeons, that are flying at a ditance from their home (epecially of the carrier kind) and likewie the deer that is chaed out of my park or foret, and is intantly purued by the keeper or foreter: all which remain till in my poeion, and I till preerve my qualified property in them. But if they tray without my knowlege, and do not return in the uual manner, it is then lawful for any tranger to take them. But if a deer, or any wild animal reclaimed, hath a collar or other mark put upon him, and goes and returns at his pleaure; or if a wild wan is taken, and marked and turned looe in the river, the owner's property in him till continues, and it is not lawful for any one ele to take him : but otherwie, if the deer has been long abent without returning, or the wan leaves the neighbourhood. Bees alo are ferae naturae; but, when hived and reclaimed, a man may have a qualified property in them, by the law of nature, as well as by the civil law. And to the ame purpoe, not to ay in the ame Rh