Page:William Blackstone, Commentaries on the Laws of England (3rd ed, 1768, vol II).djvu/410

 394 amount to a civil injury, and be redreed by a civil action. Yet to teal a reclaimed hawk is felony both by common law and tatute ; which eems to be a relic of the tyranny of our antient portmen. And, among our elder ancetors the antient Britons, another pecies of reclaimed animals, viz. cats, were looked upon as creatures of intrinic value; and the killing or tealing one was a grievous crime, and ubjected the offender to a fine; epecially if it belonged to the king's houhold, and were the cutos horrei regii, for which there was a very peculiar forfeiture. And thus much of qualified property in wild animals, reclaimed per indutriam.

2. property may alo ubit with relation to animals ferae naturae, ratione impotentiae, on account of their own inability. As when hawks, herons, or other birds build in my trees, or coneys or other creatures make their nets or burrows in my land, and have young ones there; I have a qualified property in thoe young ones, till uch time as they can fly, or run away, and then my property expires : but, till then, it is in ome caes trepas, and in others felony, for a tranger to take them away. For here, as the owner of the land has it in his power to do what he pleaes with them, the law therefore vets a property in him of the young ones, in the ame manner as it does of the old ones if reclaimed and confined: for thee cannot through weaknes, any more than the others through retraint, ue their natural liberty and forake him.

3. may, latly, have a qualified property in animals ferae naturae, propter privilegium: that is, he may have the privilege of hunting, taking, and killing them, in excluion of other Rh