TILL Do6 1N LAW. The dog occupies an anonm position in the law. Though not belonging to the animals of a wild nature (feur naturir), lie wau, not, on the other baud, like most other domestic animals. regarded by the law as the subjeet of property—at least, while alive; though it was held in an early case that a man might have a right of property in the skin of a dead dog. Ile belonged, like the eat, the fox, and the monkey. to :animals of a 'base nature.' The utility of certain species of dogs, especially in hunting, gradually gained for them a certain legal recog.nit ion. and in the time of Elizabeth we lied it laid down that the law takes notice I if grey hounds. mastiffs. spaniels, and tumblers, and that an action in trover will lie against any one who takes and detains such a dog from the owner. But the offense was not punishable criminally at common law. fly a statute of Oeorge (1770), however, it was enacted that the stealing of any dog was a misdemeanor. punishable by line, imprisonment, or whipping. In a few of the United States similar statutes have been passed. hut in general the dog retains his inferior c(aunnin-law status in this country. as not the subject of larceny. In most of the States, how ever, it is probable that an action in )rover would lie for the recovery of a valuable dog. though the question has been passed upon only in a few ,jurisdictions.
On the other hand, it is generally lawful to keep a dog, and in the absenee of general laws or local ordinances to the emit rary, to allow him to go at large. The owner is not responsible for injuries caused by his dog unless the latter is of a savage or vicious temper and the owner knew or had reason to believe that the animal was dan gerous. In the latter ease the owner is absolutely responsible without proof of special negligence on This part. So. if a dog, because of his vicious tem per, becomes a common 1116s:flap, the owner may lie indicted. And even in a State in which a dog is recognized as property, he may be killed in self-defense, or after due notice to the owner if dangerous to the community. It is common in
Many jurisdictions to impose a license or other tax on and in nearly all States the terms on which they may be kept and allowed to run at large are regulated by statute or by municipal ordinances. II is not a violation of the constitu tional protection of property in the United States to exterminate dogs in the public interest. Si'V PROPERTY ; 'rota: and consult the authorities there referred to Miu,na.a trill'. Stonehenge, The flog, •le. (see below) ; Gray. "Varieties of Dogs," in innots and Magazine of Volum/ history, Series 4, vol. iii, (London. 18(19) : I1iixlew. "Cranial and Dental Charaeters of the Canida.," in Proceedings of the Zoiilogical Society of 1•011doll (London. ISSO) ; livart, Dogs, Jackals, Wourcs, and Poxes (Lon don, 1890); Wortnian and Matthew, "'Idle An cestors of Certain Members of the Canid.c, Viver rida., and Procyonite," Bulletin of the American Museum of Natural History, vol. xii. (New irk, 1899) Beddard. .1taninorlin (London. 1901 ) . The literature relating to domestic dogs, and es pe•ially to those used in the chase, is exceedingly extensive in all languages. .1 selection of impor tant hooks in English is as follows: t'aitis, De Canibus Britannieis (ante 1572), a Latin essay by a celebrated naturalist of the six teenth century; I;eo•ge Tuberville, The Noble Art of I encrie or I/tit/tiny ( London, 1576). the earliest illustrated book of the dog; .1. II. Walsh ("Stonehenge"), hogs of the British Islands (London) ; id.. The I log in Health and Disease (London. 1859). Standard and modern works: W. Youatt, Traininy in il Management of the Dag ( !Amnion and New York, 1859); Hey. NVilliam Pearce ("Idstone"), The Dog (London and New York, 1872) ; Vero Shaw, Illustrated Dog Book (London, 1890) ; Wesley :Mills, 7'he Dog in Health and Ills Treatment in Disease (Ne• York, 1892), valuable especially as a veterinary guide; B. Lee, .4 History and Description of the Mod e•n 110gs (London, 1897); II. W. Iltintington, The Show Dog (Providence, 19011.