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It does not stand on the same ground as a new possession adversely taken by another. We have adopted the Roman law as to animals ferae naturae, but the general tendency of our law is to favor appropriation. It abhors the absence of proprietary or possessory rights as a kind of vacuum.
So he paced with care the circular area he had noticed, and wrote down its rough dimensions in his pocket-book. Then he proceeded to examine an oblong eminence which lay east of the centre of the circle, and seemed to his thinking likely to be the base of a platform or altar. At one end of it, the northern, a patch of the turf was gone removed by some boy or other creature ferae naturae.
Deer ran wild in all the great forests; and no offence was looked upon as so venial, none so compatible with a noble Robin-Hood style of character, as this very trespass upon what were regarded as ferae naturae, and not at all as domestic property.
I have no doubt it is known to most of my readers that Australia is destitute of 'Ferae' proper, and that elephants, lions, tigers, etc., are unknown. They will also know that the kangaroos are marsupial animals; that is to say, the females have a peculiar pouch for their young, which are born in a far less advanced state than the young of other animals.
These young fellows catch up with the world's ideas one after another, they have been tamed a long while, but they find them running loose in their minds, and think they are ferae naturae. They remind me of young sportsmen who fire at the first feathers they see, and bring down a barnyard fowl. But the chicken may be worth bagging for all that, he said, good-humoredly. Caveat Lector.
"If the case be put of a partridge, there can be no doubt but an action would lie; for though this be ferae naturae, yet being reclaimed, property vests: but being the case of a singing bird, though reclaimed, as it is a thing of base nature, it must be considered as nullius in bonis.
In the annulosa it is not distinct, although we must also remember that insects do produce enormous ravages and annoyance in many parts of the earth. It comes to a kind of climax in the ferae and raptores, which fulfil the function of butchers among land animals. As we descend through tribes, families, genera, species, it becomes fainter and fainter, but never altogether vanishes.
Swainson the suctorial, from a very generally prevalent peculiarity, that of drawing sustenance by suction. The rasorial type comprehends most of the animals which become domesticated and useful to man, as, first, the fowls which give a name to the type, the ungulata, and more particularly the ruminantia, among quadrupeds, and the dog among the ferae.
She was indeed a splendidly groomed and high-spirited woman. We were near enough to overhear the following conversation, which any high-toned reader will recognize as the common and natural expression of the higher classes. "When Diana takes the field the chase is not wholly confined to objects ferae nature," said Guy, darting a significant glance at his companion.
"See, our island produces one species of ferae which I did not expect to find," he exclaimed, holding up an animal by the legs. "Why, it's a cat," cried Willy. "Exactly so," said the doctor. "Our feathered friends will be much obliged to me for killing it. Should these creatures increase and multiply, they will in time nearly depopulate the island of its most attractive inhabitants."