Page images
PDF
EPUB
[ocr errors][merged small][merged small][merged small][ocr errors][ocr errors][merged small][ocr errors][ocr errors][merged small][ocr errors][merged small]

cellor has done. And in that respect I see no ground for impeaching the decree.

[His Lordship then proceeded to comment on some subordinate parts 'of the case, in the course of which he made the following observation]: I observe the decree gives the plaintiff liberty to bring an action, but gives no directions as to what is to be done if he does not proceed ; whereas it ought to have directed that if he did not proceed within a certain time, the bill should be dismissed.

Mr. Parker and Mr. H. Clarke were for the appellant.
Mr. Romilly and Mr. Southgate for the respondent.

CHAPTER II.

ACQUISITION OF RIGHTS NOT UNDER FORMER OWNER.

Note. — In this chapter are considered the cases in which the chattel in question either had no former owner, or in which, if it had a former owner, the present claimant does not derive his title from him.

SECTION 1.

CHATTELS HAVING NO FORMER OWNER.

(Inst. II. 1, 12 & 13.)

12. Wild beasts, therefore, and birds and fishes, that is to say, all animals that live on the earth, in the sea or in the air, as soon as they are caught by any one, become his at once by virtue of the law of nations. For whatever has previously belonged to no one, is granted by natural reason to the first taker. Nor does it matter whether a man catches the wild beasts or birds on his own ground, or on another's; although a person purposing to enter on another's land for the purpose of hunting or fowling may of course be prohibited from entering by the owner, if he perceive him. Whatever, then, you have caught of this kind, is regarded as yours so long as it is kept in your custody ; but when it has escaped from your custody and reverted to its natural freedom, it ceases to be yours, and again belongs to the first taker. And it is considered to have recovered its natural freedom when it has either escaped out of your sight, or is still in sight, but so situated that its pursuit is difficult.

13. It has been debated whether a wild beast is to be considered yours at once, if wounded in such manner as to be capable of capture; and some have held that it is yours at once, and is to be regarded as yours so long as you are pursuing it, but that if you desist from pursuit, it ceases to be yours, and again belongs to the first taker. Others have thought that it is not yours until you have actually caught it. And we adopt the latter opinion, because many things may happen to prevent your catching it.

genually. But if main crespass oth
Vanocher's land ehitelongal is the
owner of the land. J.
It w start a dur on so land and
drives itioncs & there kills it, ite
law gives it to a.
Scê use on wild animals.
It is not a quo of welcally qulina

hands on bout?
of control

sew on this i aking wild animals
Buw. Dee org case of wild bus.

[ocr errors]
[ocr errors][ocr errors][ocr errors]
[ocr errors]
[ocr errors]
[ocr errors]
[ocr errors]

16 cal sa Tish in Truckee way. The animal munstyet back to its cas nalivet haunts hus a monkey gits! lostas no sull and loss owner. 116 Cat & holds that he oft

spring belongo is owner of daw. .. Chimkied with slaves folnurlly. . Swans the onde exception.

[merged small][ocr errors][ocr errors][ocr errors][ocr errors][merged small][merged small][merged small][ocr errors][ocr errors][ocr errors][ocr errors]
« PreviousContinue »