animal


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animal

noun animans, beast, beast of burden, beast of the field, brute, brute creation, created being, creature, pet, wild being
Associated concepts: animals of a base nature, domestic annmals, wild animal
Foreign phrases: Animalia fera, si facta sint mansueta et ex consuetudine eunt et redeunt, volant et revolant, ut cervi, cygni, etc., eo usque nostra sunt, et ita intelligunnur quamdium habuerunt animum revertendi.Wild aniials, if they are tamed, and are accustomed to leave and return, fly away and fly back, as stags, swans, etc., are connidered to belong to us so long as they have the intention of returning to us.

ANIMAL, property. A name given to every animated being endowed with the power of voluntary motion. In law, it signifies all animals except those of the him, in species.
     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, swine, sheep, poultry, and the like, a man may have an absolute property, because they continue 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.

References in classic literature ?
He was, in fact, noted for preferring vicious animals, given to all kinds of tricks which kept the rider in constant risk of his neck, for he held a tractable, wellbroken horse as unworthy of a lad of spirit.
Increase its size fivefold or tenfold, give it strength proportionate to its size, lengthen its destructive weapons, and you obtain the animal required.
It is not simply the outward form of an animal which I can change.
A man and an ox are both 'animal', and these are univocally so named, inasmuch as not only the name, but also the definition, is the same in both cases: for if a man should state in what sense each is an animal, the statement in the one case would be identical with that in the other.
There stood the bear, and he called the fox before him and said: 'Fox, you are the most cunning of all animals, you shall be general and lead us.
The huge animal now broke into a very rapid gallop.
Lady Greystoke had been sitting a little way from the cabin, and when she heard his cry she looked up to see the ape springing with almost incredible swiftness, for so large and awkward an animal, in an effort to head off Clayton.
The herd goes in that direction because the animal in front leads it and the collective will of all the other animals is vested in that leader.
Full into the firelight, with a stealthy, sidelong movement, glided a doglike animal.
Not a single domestic animal can be named which has not in some country drooping ears; and the view suggested by some authors, that the drooping is due to the disuse of the muscles of the ear, from the animals not being much alarmed by danger, seems probable.
The most curious fact with respect to this animal, is the overpoweringly strong and offensive odour which proceeds from the buck.
The practical effects of these two views are diametrically opposite: the first leads us to level up animal intelligence with what we believe ourselves to know about our own intelligence, while the second leads us to attempt a levelling down of our own intelligence to something not too remote from what we can observe in animals.