Animal

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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 ?
To this end, transcripts for each of the three metazoan eIF4E family members and that of the eIF4E inhibitory protein, 4E-BP, have been identified and their expression in hemocytes of animals with various levels of CsRV1 infection measured using qRT-PCR assays.
Structure, transcription, and variability of metazoan mitochondrial genome: perspectives from an unusual mitochondrial inheritance system.
These proteins are inextricably linked to metazoan evolution because they are constrained by oxygen requirements of tissues; and, therefore, selection has presumably favored proteins that can reversibly bind and transport oxygen (Terwilliger, 1998; Schmidt-Rhaesa, 2007).
altiparanae metazoan parasites collected at another point on the Batalha River on the municipality of Bauru, State of Sao Paulo, from August 2013 to July 2014 and the results were different from those found in the present study.
Roeder, "Transcriptional regulation through Mediator-like coactivators in yeast and metazoan cells," Trends in Biochemical Sciences, vol.
The newly discovered remnants-located in the Zaris subbasin in the southwest African nation-contained the preserved Ediacara biota, metazoan body fossils, and metazoan trace fossils.
The team's results provided evidence that some metazoans were alive in the upper level of the interface zone.
Metazoan parasites of Micropterus salmoides (Centrarchidae: Perciformes) from reservoirs of Nuevo Leon, Mexico and their association with condition factor and gender