Page:William Blackstone, Commentaries on the Laws of England (3rd ed, 1768, vol II).djvu/411

 Ch. 25. perons. Here he has a tranient property in thee animals, uually called game, o long as they continue within his liberty ; and may retrain any tranger from taking them therein: but the intant they depart into another liberty, this qualified property ceaes. The manner, in which this privilege is acquired, will be hewn in a ubequent chapter.

qualified property which we have hitherto conidered, extends only to animals ferae naturae, when either reclaimed, impotent, or privileged. Many other things may alo be the objects of qualified property. It may ubit in the very elements, of fire or light, of air, and of water. A man can have no abolute permanent property in thee, as he may in the earth or land; ince thee are of a vague and fugitive nature, and therefore can admit only of a precarious and qualified ownerhip, which lats o long as they are in actual ue and occupation, but no longer. If a man diturbs another, and deprives him of the lawful enjoyment of thee; if one obtructs another's antient windows, corrupts the air of his houe or gardens , fouls his water , or unpens and lets it out, or if he diverts an antient watercoure that ued to run to the other's mill or meadow ; the law will animadvert hereon as an injury, and protect the party injured in his poeion. But the property in them ceaes the intant they are out of poeion: for, when no man is engaged in their actual occupation, they become again common, and every man has an equal right to appropriate them to his own ue.

kinds of qualification in property depend upon the peculiar circumtances of the ubject matter, which is not capable of being under the abolute dominion of any proprietor. But property may alo be of a qualified or pecial nature, on account of the peculiar circumtances of the owner, when the thing itelf is very capable of abolute ownerhip. As in cae of bail- Rh