from
Bouvier's Law Dictionary, Revised 6th Ed (1856)
FERAE NATURAE. Of a wild nature.
2. This term is used to designate animals which are not usually tamed.
Such animals belong to the person who has captured them only while they are
in his power for if they regain their liberty his property in them instantly
ceases, unless they have animum revertendi, which is to be known only by
their habit of returning. 2 Bl. Com. 386; 3 Binn. 546; Bro. Ab. Propertie,
37; Com. Dig. Biens, F; 7 Co. 17, b; 1 Chit. Pr. 87; Inst. 2, 1, 15; 13 Vin.
Ab. 207.
3. Property in animals ferae naturae is not acquired by hunting them
and pursuing them; if, therefore, another person kill such animal in the
sight of the pursuer, he has a right to appropriate it to his own use. 3
Caines, 175. But if the pursuer brings the animal within his own control, as
by entrapping it, or wounding it mortally, so as to render escape
impossible, it then belongs to him. Id. Though if he abandons it, another
person may afterwards acquire property in the animal. 20 John. 75. The owner
of land has a qualified property in animals ferae naturae, when, in
consequence of their inability and youth, they cannot go away. See Y. B. 12
H. VIII., 9 B, 10 A 2 Bl. Com. 394; Bac. Ab. Game. Vide Whelp.