2.1.77 to 2.1.81

(66) Property which becomes ours by delivery can be acquired by us not only by natural law but also by occupancy, and hence we become the owners of the same because it previously belonged to no one else; and in this class are included all animals which are taken on land, or in the water, or in the air. [1] In the text, Sections 62, 63 and 64, follow immediately after Section 79. As there does not appear to be any reason for this and it evidently is an error, I have placed them in their regular order. —ed. (67) Therefore, if we should take captive any wild animal, bird, or fish, it is understood to be ours only as long as it is in our custody; for when it escapes from our control and recovers its natural liberty, it again becomes the property of the first occupant, because it ceases to be ours. It is considered to recover its natural liberty when it escapes from our vision, or, although it may be in our sight, its pursuit is difficult. (68) In the case of those animals, however, which are accustomed to go away and return, as for instance pigeons, and bees, and also deer which are accustomed to go into the forests and return, we have adopted the rule which has come down to us from former times, namely, that if these animals should not have the intention to return, they also cease to be ours and become the property of the first occupant; and they are considered to have ceased to have the intention to return when they abandon their habit of returning. (69) Property taken from the enemy also becomes ours by Natural Law.