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 ?
What is true of animals, as regards instinct and habit, is equally true of men.
'voluntary act.' Thus the animal's reflex and voluntary performances shade into each other gradually, being connected by acts which may often occur automatically, but may also be modified by conscious intelligence.
We may define a movement of an animal's body as "mechanical" when it proceeds as if only dead matter were involved.
The latter, after having observed the animal attentively, called the engineer.
The Abraham Lincoln, propelled by her wonderful screw, went straight at the animal. The latter allowed it to come within half a cable's length; then, as if disdaining to dive, it took a little turn, and stopped a short distance off.
Several times the animal let us gain upon it.--"We shall catch it!
These remarks, I may be permitted to add, directly bear on the case of the Siberian animals preserved in ice.
Secondly, the Megalonyx, a great allied animal. Thirdly, the Scelidotherium, also an allied animal, of which I obtained a nearly perfect skeleton.
Ah, mine animals, this only have I learned hitherto, that for man his baddest is necessary for his best,--
Then did his animals prevent him from speaking further.
It has often been assumed that man has chosen for domestication animals and plants having an extraordinary inherent tendency to vary, and likewise to withstand diverse climates.
In the case of most of our anciently domesticated animals and plants, I do not think it is possible to come to any definite conclusion, whether they have descended from one or several species.