Chapter the twenty fifth.
Of PROPERTY in THINGS PERSONAL.
PROPERTY, in chattels perſonal, may be either in poſſeſſion; which is where a man hath not only the right to enjoy, but hath the actual enjoyment of, the thing: or elſe it is in action; where a man hath only a bare right, without any occupation or enjoyment. And of theſe the former, or property in poſſeſſion, is divided into two ſorts, an abſolute and a qualified property.
I. First then of property in poſſeſſion abſolute; which is where a man hath, ſolely and excluſively, tle right, and alſo the occupation, of any moveable chattels; ſo that they cannot be transferred from him, or ceaſe to be his, without his own act or default. Such may be all inanimate things, as goods, plate, money, jewels, implements of war, garments, and the like: ſuch alſo may be all vegetable productions, as the fruit or other parts, when ſevered from the plant, or the whole plant itſelf, when ſevered from the ground; none of which can be moved out of the owner's poſſeſſion without his own act or conſent, or at leaſt without doing him an injury, which it is the buſineſs of the law to prevent or remedy. Of theſe therefore there remains little to be ſaid.
But with regard to animals, which have in themſelves a principle and power of motion, and (unleſs particularly confined) can convey themſelves from one part of the world to another,
