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.

A Law Dictionary, Adapted to the Constitution and Laws of the United States. By John Bouvier. Published 1856.
References in periodicals archive ?
The committee has said that there should be licensed suppliers of performing animals who are trained to handle them as per law.
For example, livestock and equine hauliers, farmers, animal breeders, performing animal transporters and those working at markets, assembly centres and slaughterh ouses.
Christie's,in New York, estimated that the 11 pieces of jewellery on offer could raise pounds 55,000 for the Performing Animal Welfare Society, a California group that runs a refuge for abused and retired elephants, lions,bears and other wildlife.
Earth Island's friend Marc Bekoff reports that Mark "the Bermanator" Berman of International Marine Mammal Project led a lively discussion at a meeting of the Performing Animal Welfare Society in May, in Sacramento, CA.
A Californian performing animal firm, Have Trunk Will Travel, owns 42-year-old Tai.
Despite the couple's bitter divorce, Wolf insisted Basinger was unloading the jewellery simply to help the Performing Animal Welfare Society, which cares for retired circus lions and tigers.
In 1989, Feld's security team hired two agents, Julie Lewis and Douglas Martin, to infiltrate the Performing Animal Welfare Society (PAWS).
Mr O'Donovan found he had to apply for a performing animal licence to take two of the farm's piglets on the visit.
Signed by: Earth Island Institute; Earthtrust; American Society for the Prevention of Cruelty to Animals; American Cetacean Society; Animal Protection Institute; Animal Welfare Institute; Center for Whale Research; Cetacean Society International; Defenders of Wildlife; Dolphin Connection; Environmental Investigation Agency; Friends of the Earth; Greenpeace Mexico; Grupo de los Cien; Humane Society of the United States; In Defense of Animals; International Wildlife Coalition; Marine Mammal Fund; Greenpeace Foundation; National Parks & Conservation Association; Pacific Orca Society; People for the Ethical Treatment of Animals; Performing Animal Welfare Society; Rainforest Action Network; Sierra Club; Whale & Dolphin Conservation Society.
"It is time that the use of animals in circuses was abandoned and performing animal training centres brought under the Zoo Licensing Act."
He donated it to the Performing Animal Welfare Society, which cares for abused and unwanted circus and zoo animals.
<B Performing animals used to be the main attraction of many circuses

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