Animals.
870 Sect.
2.
Criminal
Law.
wound, if the accused acted with knowledge that what he was doing would so result, and did the act without caring whether the animal would be injured or not Qi). Setting a rat-trap to catch trespassing cats and dogs has beeii held not to be within the provision (i). Sub-Sect.
At common law not generally the subject of larceny.
2.
— Wild Animals.
808. Living animals
human
ferce natuvcE, unless reclaimed and fit for food, are not the subject of larceny at common law {k).
They are not in the possession of the owner of the soil or he having at most a qualified property in them, or a right
privilege, to
reduce
They belong to the soil, savour of the into possession (Q. realty, and until reduced into possession are nullius in bonis. Nor are animals ferce naturae which are kept merely for the whim or pleasure of man the subject of larceny at common law a rule no doubt made favorem vitce (m) therefore there can be no larceny
them
—
m
of a captive lion, bear, Exceptions. (1) Keclaimed
animals.
monkey,
fox, or ferret (n).
809. Living animals /e?-<^ nature useful for the food of man and reclaimed that is, actually tamed or in confinement are the subject of larceny at common law, for a taking of them is a taking out of the owner's possession. Examples are, tame deer; rabbits or peacocks domesticated though not actually in confinement fish in a stew, net, or private pond, whence they can be taken at the will of the owner at any time pheasants or partridges in an aviary or mew deer in a house or swans marked and pinioned, or even in a park if inclosed (o) unmarked, if tame and kept in private waters (^); young pheasants and partridges hatched under a hen in a coop, though unconfined and able to fly a little, if they are unable to escape, for they are practically in the power and dominion of the owner {q) pigeons in a dovecot, though they can fly to and fro, which are tame(?-)j for they have the animus revertendi, and are constructively in the owner's possession and control reclaimed and young hawks taken from the nest hawks or falcons (s) (though not the eggs {t) ) but not hares or rabbits in a forest, chase
—
—
{h) {i)
R.
V.
Bryan
Welch (1875), 1 Q. B. D. 23. v. Eaton (1875), 40 J. P. 213
see pp. 396, 397, post.
{h) 2 East, P. C. 607.
See p. 366, ante. (m) See note [u] p. 368, ante. As to ferrets, see (n) 2 East, P. C. 614. 0. 0. 350. {I)
(o)
1
Hawk.
P.
C, Sth
ed.
149;
R
v.
Searing (1818), Euss.
Hale, P. 0. 511;
1
3
Co.
&
Ey.
Inst. 109;
2 East, P. C. 607. (p) (q)
Case ofSiuans (1592), 7 Co. Eep. 18 R. V. Cory (1864), 10 Cox, C. C. 23
a.
R. v.
SMcUe
(1868), L. E. 1 C. C. E.
158. (r)
R. V. Cheafor (1851), 21 L.
J.
(m. c.) 43;
R. v. BrooTis (1829), 4 C.
&
P.
131. (s)
1
Hawk.
on the bird "
P.
C, supra: because
compare 2 Bl. Com. 394
of the very higli value formerly set relic of the tyranny of our ancient _
"a
sportsmen." {t)
1 Hale..
P. C. 510
1
Hawk.
P.
C,
supra.
