8. No absolute property in wild animals.

8.     No absolute property in wild animals.

There is no absolute property in wild animals while living, and they are not goods or chattels1. There may, however, be what is known as a qualified property in them, either:

  1.  

    (1)     per industriam2;

  2.  

    (2)     ratione impotentiae et loci3; or

  3.  

    (3)     ratione soli and ratione privilegii4.

This qualified property is defeasible, for if the animal has no intention to return, but resumes its wildness and is at large again and not under pursuit, it is free and may be taken by