The Law of Property in Animals, Newfoundland-Style
Author | Bruce Ziff |
Pages | 9-33 |
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The Law of Property in Animals,
NewfoundlandStyle
BruceZiff
Twomenofsomeothersealerscrewfrozentodeathwerealwaystwomenlessin
thepowerofarivalshipEvensoslightafactorwassomethinginthe
incrediblytenserivalryofthesealhuntAzariahStabbwasnothardhearted
ButifitwereGodswillthatanyrivalofhisshouldlosetwomenwhowasheto
questiontheinscrutablewaysofProvidence.
Introduction
I inGreenBayjustothenortherncoastofNewfound
land. A schooner called the Brothe rs lay jammed in the ice some distance
from an ice pan containi ng a large number of seal pelts that had been gath
eredbyitscrew severaldaysearlierAstheoes migratedthispan moved
within close proximit y to a second schooner, the Barbara Its crew hauled and
stowed the pelts. Given the prevailing weather and sailing conditions, had
the Barbara’s crew not done so, this catch might well have been lost for good.
Not long after the ships returned to port, a lawsuit sparked by these events
was launched. In essence, the Newfoundland Supreme Court was called
upon to determine whether the second schooner was entitled to cla im the
peltsifthersthadbeenrenderedunabletodoso
The ruling, fou nd in CliftvK ane, is a central authority among a cluster of
Newfoundlandcasesheardoverabouta twentysixyearspanto
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that addressed that question. These decision s engage fundamental property
law principles and values, and are as rich and edify ing as any of the clas
sic authorities on possession in law. Despite this, they have languished in
obscurity for well over a century. My aim in the chapter is to bring t hem
tothelightof dayandtoexploresomewellknown doctrinesandt heways
inwhichtheser uleswereadaptedtolocalcircumstancesMorespeci cally
this paper examines how the gener ic principles governing the laws of cap
tureandrstoccupancywereshapedbythecourtstomeettheneedsofthe
Newfoundla nd sealers.
A Brief History of the Seal “Fishery”
T a long history. Centuries ago, the indigenous peoples of
presentdayNewfoundlandcaptured sealsthe skinsand fatwereusedfor
sustenance, clothing, heat, and light. European interest in the sea l stocks
beganinthelatesixteenthcenturyandacommercialsheryundertakenby
EnglishandFrenchse lersisknowntohaveexistedsi ncethebeginn ingof
the eighteenth century. The skins were used for such t hings as shoes, boots,
harnesses, and port manteaus. (There is no indication on the early literature
that pelts were used for fur coats.) The fat was rendered into oil and was
used in places such as Great Britain for lighting in m ines and lighthouses, for
SS Nimrod, one of the ships i nvolved in the case of DoylevBartle
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