In the western states cattle are required to be branded. Such marks and brands are evidence of ownership and are a matter of statutory regulation, and the court will take judicial notice that In some states cattle run at large in great stretches of country with no other means of determining their separate ownership than by the marks and brands upon them; New Mexico v. R. Co., 203 U. S. 51, 27 Sup. Ct. 1, 51 L. Ed. 78.
As to the right to impound estrays, see ESTRAY; POUND.
Acts of congress have established a bureau of animal industry, and the Secretary of Agriculture is authorized to use such means as he may deem necessary for the prevention of the spread of pleuro-pneumonia and other diseases of animals. Carriers are forbidden to receive for transportation any live stock affected by any contagious or infectious dis ease. A state statute for the protection of domestic animals from contagious diseases is not a regulation of commerce between the states simply because it may incidentally or indirectly affect such commerce; Missouri, K. & T. Ry. v. Haber, 169 U. S. 627, 18 Sup. Ct. 488, 42 L. Ed. 878, citing Hennington v. Georgia, 163 U. S. 299, 16 Sup. Ct. 1086, 41 L. Ed. 166; New York, N. H. & H. R. R. v.
New York, 165'U. S. 628, 17 Sup. Ct. 418, 41 L. Ed. 853; and where a statute provides a right of action for injuries arising from dis ease communicated to domestic cattle by cat tle of a particular kind brought into a state, it does not conflict with any regulation es tablished under the authority of congress to prevent the spread of contagious or infec tious diseases from one state to another; Missouri, K. & T. Ry. v. Haber, 169 U. S. 627, 18 Sup. Ct. 488, 42 L. Ed. 878. See COM MERCE; INSPECTION LAWS ; COMMON CAR RIERS.
See AOISTOR; ACCESSION; CRUELTY.
Animals of a base nature are those ani mals which, though they may be reclaimed, are not such that at common law a larceny may be committed og them, by reason of the baseness of their nature.
Some animals which are now usually tamed come within this class, ae dogs and cats; and others which, though wild by nature and often reclaimed by art and industry, clearly fall within the same rule, as bears, foxes, apes, monkeys, ferrets, and the like; Coke, 3d Inst. 109; 1 Hale, Pl. Cr. 511, 512; 1 Hawk. Pl. Cr. 33, § 36; 4 Bla. Com. 236; 2 East, Pl. Cr. 614. See 1 Wme. Saund. 84, note 2.