cattle trespass
cattle trespass 家畜侵入土地 指自家的牲畜闯入他人的土地。在普通法上，家畜的所有者有义务看管好牲畜，防止其进入他人的土地。违反该义务的责任不是绝对责任，但比过失责任严格。对因违反该义务造成损害的人，可以提起家畜侵入土地之诉。 (→liability for animals; damage feasant)
Search Results for: ANIMAL
fructuarius
fructuarius (fr[schwa]k-choo-air-ee-[schwa]s). [Latin “(one) entitled to fruits”] 1. Roman & civil law. One having the usufruct of a thing (as of land and animals); a usufructuary. See USUFRUCTUARY. 2. Hist. A lessee. Pl. fructuarii.
warren
warren (wor-[schwa]n orwahr-[schwa]n). 1. A place for the preservation of certain wildlife (such as pheasants, partridges, or rabbits). 2. A privilege to keep wildlife or game in a warren. 3. The area to which the privilege extends. free warren. A warren privilege giving the grantee the sole right to kill the wildlife to the extent
fructus
fructus (fr[schwa]k-t[schwa]s). [Latin “fruits”] 1. Roman & civil law. The natural produce of land and animals; the profit or increase from land and animals. • The owner of the land or animals acquired ownership by separatio, the separation of the fruit from the parent body. A bona fide possessor or an emphyteuta also acquired ownership
deodand
deodand (dee-[schwa]-dand). Hist. Something (such as an animal) that has done wrong and must therefore be forfeited to the Crown. • This practice was abolished in 1846. “In the oldest records, we see no attempt to distinguish the cases in which the dead man was negligent from those in which no fault could be imputed
profit à prendre
profit à prendre (a prawn-dr[schwa] or ah prahn-d[schwa]r). [Law French “profit to take”] (usu. pl.) A right or privilege to go on another’s land and take away something of value from its soil or from the products of its soil (as by mining, logging, or hunting). — Also termed right of common. Pl. profits à
lacey act
Lacey Act. A federal law, originally enacted in 1900, that permits states to enforce their own game laws prohibiting the importation of animals from other states or countries.16 USCA §§ 661 et seq. See GAME LAW. [Cases: Game 3. 5.]
cepit et abduxit
cepit et abduxit (see-pit et ab-duk-sit). [Latin] Hist. He took and led away. • This declaration appeared in either a writ of trespass or a larceny indictment for theft of an animal.
black act
Black Act. Hist. An English statute (9 Geo. ch. 22) establishing the death penalty for the unlawful killing or maiming of animals. • The statute was passed in 1722 in the wake of crimes committed by persons with faces blackened or otherwise disguised. The statute was repealed in 1827. The classic study of this law