A curious illustration of the defectiveness of the Common Law
in regard to animals, was afforded by the complaint made to the Magistrates of the Enfield Bench, by a lady who had lost a tame jackdaw. She took the bird out of its cage to wash it, and during the operation it flew off. The Magistrates at first imagined that they were being asked to direct the police to recapture the fugitive. It turned out, however, that the jackdaw had been caught by a man, who refused to give him up, and the lady desired an order for the restitution of what she deemed her property. The Chairman had to tell her that no person can have any property in a wild animal or bird, except while the animal or bird is actually in possession. The moment the jackdaw left the cage and flew away, it reassumed its character of fera naturs, which had not been destroyed even by the fact that, as its astonished mistress declared, it was brought up from the nest. The principle is, of course, sound enough for creatures really wild, but it ought not to apply to tame pet animals any more than to cocks and hens.
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