crops on land which a court decrees shall belong to B provided B will pay A $2,000 within three years. B pays A the $2,000 in the middle of summer before the expiration of the three years. A is entitled to cultivate and harvest his crops already planted. The encouragement of husbandry is the reason for the allowance of emblements, and two things are essential to the right, the expending of labor on the crop and the unexpected termination of the estate without the fault of the tenant. A tenant should not be entitled to emblements if he knows the exact time of the termination of his estate, for he should not then have planted crops that would not ripen before such time; nor should a tenant be entitled to emblements when the crops are not the result of his labor; but hops may be objects of emblements, for though they have permanent roots they require a vast amount of yearly culture, and likewise nursery trees.* Emblements are another species of chattels real. The right to emblements includes also the right of entry upon premises even after the expiration of the term.

§ 13. Animals. Animals are corporeal chattels personal, and include all living, moving beings, not human. Animals are spoken of as either domestic or wild, or tame and untamed. The latter are feræ naturæ (of a wild nature). Domestic animals are those which have become so subject to man's dominion that as a class they have been deprived of their natural liberty. All domestic animals were probably at one time wild. They are today those that man has found tractable and serviceable to him, either as food or as helpers in work. The dog, the ox, and the horse are among the oldest. Wild animals are those that are either found in their natural liberty, or are found as individuals temporarily deprived of their natural liberty and in man's power. They are not necessarily fierce animals, as the dove is included among them. Absolute property is possible as respects domestic animals, but only a qualified property as respects wild animals alive, for they 4 Evans v. Iglehart, 6 Gill & J. 171; Hendrixson v. Cardwell, 9 Baxt. (Tenn.), 389.

are liable at any time to escape and revert to their natural state. For example: A catches a fox and puts it in a cage, but the fox escapes and gets back into the region it inhabited in its wild state. A has a qualified property in the fox until its escape.

Under the early common law, while the owner of a wild animal had a recognized property in it as long as he kept it in his possession or under his control, yet the animal could not become the subject of a larceny unless fit for food. This was perhaps due to the fact that the early criminal laws of England condemned to death those guilty of even larceny, and juries were loath to convict a man of that offense in the case of a base animal unfit for food and, therefore, to be regarded as worthless. Wild animals when killed belong to the slayer, if he is not trespassing at the time. Fish caught in a net belong to the one who caught them, but not so of oysters if a stranger without permission has taken them from a bed planted by another.

In order to secure property in a wild animal, it is not sufficient for one merely to wound it; such possession, manual or otherwise, must be taken of it as to deprive it of its liberty before another person intervenes and captures it. In some States, however, this matter has been regulated by legislation. The offspring of domestic animals and of wild animals in captivity, in the absence of agreement, belongs to the owner of the dam. This is naturally so because of the dependence of the young upon the mother.

Where domestic or wild but necessarily dangerous animals come upon the premises of another man, he may use such force as is required to drive them away, or he may impound them, but he is not at liberty to kill them if they are doing no damage there. The owner of such animals is under a legal duty to keep them under restraint, and is liable for their trespasses, except in the grazing States of the West where cattle may roam wherever the land is not fenced.

§ 14. Money. Money is an inanimate corporeal chattel personal. It is used as a circulating medium of exchange;

and among civilized nations at the present time is confined to metallic coins, except so far as paper currency is brought within the definition by circulating in the community for like purposes of exchange. In the world's history numerous and dissimilar things have served the purposes of exchange. The Carthaginians used leather; some Asiatic countries, mulberry-tree bark; unlettered tribes, shell and bone; and the American Indians, wampum, (shells); Romans, copper; Britons, brass, tin, and iron. But gold and silver early attained pre-eminence. Yet it was a long time before these precious metals were subjected to the process of coinage, some Asiatic country introducing the system. At first money was weighed, not counted; the English word "pound" is a relic of this custom. The power to coin money has been exercised by bishops and other individuals, but it has usually been exercised by government, and in the United States the Federal Constitution takes the power away from the several States and vests it in the Congress of the United States. Our Constitution provides that Congress shall have power to "coin money, regulate the value thereof, and of foreign coin"; and that no State shall coin money, emit bills of credit, or make anything but gold and silver coin a tender in payment of debts. Hence it was argued that gold and silver coin only constituted the lawful money of the United States, and the term was generally so understood until the era of our civil war.

With the first touch of war gold and silver melted away like snow in springtime. Local banks suspended specie payment and their bills floated about in a depreciated condition. Gold and silver, supplanted by the less valuable paper dollar, went into hiding or fled the country. Postage stamps and private checks came into use. In this emergency Congress issued the legal tender currency (greenbacks), and made it a legal tender for all debts public and private (that is, contractual) within the United States and receivable by the United States except for duties on imports and interest. By the so-called legal tender decisions it was decided that these legal tender notes, or "greenbacks", are

money, at first as a war measure, but finally that they may be issued in times of peace as well as of war.5 Therefore, the lawful money of the United States may now be said to be gold, silver dollars, lesser silver coins up to ten dollars' worth, one, three, and five cent pieces to the amount of twenty-five cents, and legal tender notes or "greenbacks". Parties may expressly stipulate by contract that payment shall be in specie, or gold, etc.

To supply the government with money and give the country a uniform currency, the Bank of the United States was established soon after the adoption of the Constitution, but it was unpopular to have a corporation wield so vast a power and the bank's charter was not renewed. After the difficulties of the war of 1812 the United States Bank was put into operation again in 1816, but President Jackson gave this bank its death blow. The sub-treasury system, which has stood ever since though losing some of its distinctiveness, carried the nation through the critical period of the Mexican War. When the crisis of the Rebellion came and numerous State banks suspended specie payments, the experiment with the legal tenders opened the way for a renewed effort to give the whole country a stable, permanent, and uniform currency, and this was done in the national banking acts of 1863. This system is built on the national debt. The bills of national banks are popularly considered money, for though redeemable they are paid and taken as though gold and silver; but strictly speaking bank notes are not money, and in the true sense are not legal tender. But by mutual understanding, if a creditor elects to receive a bank note, or a check, or foreign money, it may become a good tender, and will sustain a money count in pleading, and will pass under a bequest of money in a will. Herein lies a convenient test for determining what is money and what simply passes as though it were money; the first is a corporeal chattel, while the second is an incorporeal

5 Legal Tender Cases, 12 Wall. 457; Juilliard v. Greenman, 110 U. S. 421, (See also, Hepburn v. Griswold, 8 Wall. 603, overruled.); Thorington v. Smith, 75 U. S. 1.

chattel. When notes become legal tender they become money, or that which extinguishes a debt instead of a debt or the evidence of a debt, and, therefore, are to be considered as corporeal chattels in transactions between individuals.

§ 15. Ships and Vessels. Ships are another kind of inanimate corporeal chattels personal. They are movables, although made to plough the waters instead of to be carried from place to place on land. They include ships of war, merchant ships, steamships, and sailing vessels. They are a peculiar kind of chattel. They cannot literally attend the person of the owner, as chattels are supposed to do. Peculiar solemnities attend their transfer under the registry laws, insomuch that some have inclined to believe that they are not chattels at all, but such is their status.

This arises from the peculiar character of ships and vessels, which occupy the water somewhat as houses occupy the land, and not being capable of manual delivery are transferred more after the manner of real property. Moreover, their intimate relation to commerce and to war has brought them peculiarly within the consideration of governments, which have prescribed rigid regulations governing their registration, operation, and mode of transfer.

The builder of a ship is deemed the owner in the first instance and in practice continues to be such until the completion of the vessel when it is transferred by bill of sale. But the builder may transfer the keel only and then by accession what is added later in the construction becomes also the property of the owner of the keel.

§ 16. Dead Bodies. The property which one may have in a dead body is very qualified indeed. There is no property in the ordinary sense of the word. A dead body cannot be sold, nor seized for debt. A man has no right to dispose of his body by will. To steal a corpse was not larceny at the common law.

Yet decent burial is regarded as the individual right of every one and as a necessary for a minor, and there is a quasi-property in dead bodies for purposes of burial which