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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 periodicals archive ?
Evidence of this is seen in the fact that, of the almost 600 state bills being monitored by IREM, three issues have been trending around the country: rent control, assistance animals and landlord/tenant laws.
In 2017, the American Veterinary Medical Association ("AVMA"), published a peer-reviewed whitepaper entitled, Assistance Animals: Rights of Access and the Problem of Fraud, stating that emotional support animals "serve a purpose in mitigating psychological disorders, but are not currently defined as service animals by the ADA." (94) It labeled service animals and emotional support animals as "assistance animals" because they both "accompany their handler and assist him or her." (95) The whitepaper focused on the need for "clear and consistent definitions" related to service animals.
DCAB Executive Director Francine Wai explained the distinction between service animals and assistance animals:
The growing adoption has acculturated many Americans to seeing all kinds of assistance animals, but evolving perspectives of what constitute legitimate uses have introduced challenges for customers and companies alike.
The incorporation of an assistance animal for therapeutic purposes must be included in the service plan for the child as defined in F.S.
Thus, the policy defines a covered assistance animal to include both trained service animals, and untrained animals that provide emotional support.
In 2013, HUD issued an FHEO Notice specific to Service Animals and Assistance Animals for People with Disabilities in Housing and HUD-Funded programs.
Cases such as this are likely to increase as the role of assistance animal expands beyond assistance for obvious physical disabilities.
Throughout much of the world, assistance animals are categorized into guide dogs, hearing dogs, or service dogs.
Other Issues with Service Animals and Assistance Animals
As the first person in North America to use a dog guide, Morris Frank was a living example of the independence and enhanced mobility that could be experienced by a person using an assistance animal. In 1929, Mr.
Assistant City Attorney Mark Waggoner said the library's policy is to allow any assistance animal into the library and that "the problem was a cat with its own feline whims."

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