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Definition
| By human industry: a term applied to the reclaiming or taming of wild animals through art, industry and/or education: referring to the gaining of ownership through individual efforts preventing the return of an animal to it's natural liberty. Under this doctrine ownership remains until the animal regains its natural liberty and has not the mind to return. |
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Term
| Ratione impotentiae et loci |
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Definition
| Qualified property through weakness and location: the gaining of ownership by virtue of location on the landowners land and the inability of the animal to escape due to weakness- commonly relates to the young of ferae naturae born on their land until they are able to run or fly away: an action for trespass lies for taking young animals so born |
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Definition
| According to the soil: justifications for assigning property rights to landowners over resources found on their own land |
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Term
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Definition
| By privilege: existing by virtue of the prerogative- granting of the killing and taking of animals on the land of another. When an owner grants a licence on profit a pendre (non-possessory interest in land better known as a casement) then the grantee has a qualified profit of this type: can only be validly granted or demised by deed. |
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Term
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Definition
| Animals living in a wild state |
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| When an aminal still has the mind to return. When an animal is still animus revertendi special property (of the per industriam variety) is still maintained |
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Definition
| Defined differently in differing statutes with variance in inclusion of differing families. Wider definitions include the entire animal kingdom sans homo sapiens. |
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Definition
All tame animals living in association with humans: an animal which does not exist in a wild state anywhere globally. See Nye v Niblett [1918]
It is a question of law and not fact whether an animal is within the class of domestic or wild animals See McQuaker v Goddard [1940] (CA) |
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Term
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Definition
| Defined in the Wildlife Act 1953: any animal living in a wild state and includes any such animal, egg or offspring held, hatched or born in captivity but does not include noxious animals under control of the Wild Animal Control Act 1977 |
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Term
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Definition
| Several statutory meanings differing through enactments. |
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Term
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Definition
| Defined in the Wildlife Act 1953 as meaning all animals and game birds currently specified in the first schedule of that act. |
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