2. Animals are distinguished into such as are domitae, and such as are ferae naturae.
3.
It is laid down, that in tame or domestic animals, such as horse, kine,
sheep, poultry, and the like, a man may have an absolute property,
because they coutiaue perpetually in his possession and occupation, and
will not stray from his house and person unless by accident or
fraudulent enticement, in either of which cases the owner does not lose
his property. 2 Bl. Com. 390; 2 Mod. 319. 1.
4.
But in animals ferae naturae, a man can have no absolute property; they
belong to him only while they continue in his keeping or actual
possession; for if at any they regain their natural liberty, his
property instantly ceases, unless they have animum revertendi, which is
only to be known by their usual habit of returning. 2 Bl. Com. 396; 3
Binn. 546; Bro. Ab. Propertie, 37; Com. Dig. Biens, F; 7 Co. 17 b; 1 Ch.
Pr. 87; Inst. 2, 1, 15. See also 3 Caines' Rep. 175; Coop. Justin. 457,
458; 7 Johns. Rep. 16; Bro. Ab. Detinue, 44.
5.
The owner of a mischievous animal, known to him to be so, is
responsible, when he permits him to go at large, for the damages he may
do. 2 Esp. Cas. 482; 4 Campb. 198; 1 Starkie's Cas. 285; 1 Holt, 617; 2
Str.1264; Lord Raym. 110; B. N. P. 77; 1 B. & A. 620; 2 C. M.&
R. 496; 5 C.& P. 1; S. C. 24 E. C. L. R. 187. This principle agrees
with the civil law. Domat, Lois Civ. liv. 2, t. 8, s. 2. And any person
may justify the killing of such ferocious animals. 9 Johns. 233; 10.
Johns. 365; 13 Johns. 312. The owner, of such an animal may be indicted
for a common nuisance. 1 Russ. Ch. Cr. Law, 643; Burn's Just., Nuisance,
1.
6.
In Louisiana, the owner of an animal is answerable for the damage he
may cause; but if the animal be lost, or has strayed more than a day, he
may discharge himself from this responsibility, by abandoning him to
the person who has sustained the injury; except where the master turns
loose a dangerous or noxious animal; for then he must pay all the harm
done, without being allowed to make the abandonment. Civ. Code, art.
2301. See Bouv. Inst. Index, h. t.
ANIMALS OF A BASE NATURE.
Those which, though they may be reclaimed, are not Such that at common
law a larceny may be committed of them, by reason of the baseness of
their nature. Some animals, which are now usually tamed, come within
this class; as dogs and cats; and others which, though wild by nature,
and oftener reclaimed by art and industry, clearly fall within the same
rule; as, bears, foxes, apes, monkeys, ferrets, and the like. 3 Inst.
109,; 1 Hale, P. C. 511, 512; 1 Hawk. P. C. 33, s. 36; 4 Bl. Com. 236; 2
East, P. C. 614. See 1 Saund. Rep. 84, note 2.
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