38°
A perfon is
refponfible
for the damage
occa-
fioned by
hunting his
dog at any
thing;
F I N E S . B o o k L.
did not fall upon them at the firft is, that the adl of fattening the additional
camel was a fort of creation of a caufe, whereas the leading of
the tiring is, in the eye of the law, equivalent to the adlual com-
miffion of the homicide^ the deftrudtion having been occafioned by
the leading of the tiring, not by fattening the additional c am e la n d
as the actual perpetration of the homicide is a thing of a more forcible
nature than the mere creation of the caufe of it, the refpontibility
confequently firft falls upon the Akilas of the leader. Lawyers remark
that what is here advanced (of the leader’ s. Akilas having re-
courfe to the Akilas of the faltener) applies only to a cafe where the
additional camel was fattened to the tiring at a time when it was
'moving forwards; for as, in this cafe, the faftener does, as it were,
direEl his camel to be led, he therefore impliedly affumes the refpon-
libility for fuch damage as it may occafion :— but where the additional
camel was fattened to the tiring at a time when it flood ttill, and the
leader afterwards leads it on, and a man is trodden down by this additional
camel, the refpontibility refts with the leader’s Akilas, who
are not entitled, in this cafe, to reimburfe themfelves from the Akilas
o f the fattener, becaufe here the leader appears to have led on the
camel of another without that other’s concurrence, as he has not fig-
nified his confent either exprefsly or by implication. ,
I f a perfon let flip* his dog, and drive him, (that is, run after
him,) and the dog, without flopping, deftroy any thing, the refpon-
fibility for it refts with the perfon who let him flip, the adt of the
do«- being attributed to him becaufe of his driving him;— whereas, if
a perfon call off his hawk, and drive her, (as above,) and the, without
flopping, deftroy any thing, the perfon who caft her off is not refponfible.—
(T h e reafon of this diftindtion between a dog and a hawk
is, that a quadruped is capable of being fe t on or driven, whereas a bird
Literally, g iv e head to. (See H unting, p. 1.71.)
C h a p . HI- F I N E S.
is not fo,— whence a regard is paid to the driving o f the one, but not
of the other 1)— If, on the contrary, a perfon let flip his- dog without
driving him, (that is, without running after him,) and he deftroy
any thing without flopping, the perfon who let him flip is not refponfible;
becaufe, as the dog, in this inftance, adts from his own
option, his adt cannot be attributed to the perfon who let him flip.—
It is related as an Opinion of Aboo Toofaf that, in all thofe cafes, the
perfon who caft off the hawk or let flip the dog is to be held refponfible,
out of a regard to the prefervation of property. Mohammed
alfo obferves, in the Mabfoot, that where a perfon lets flip or cafts off
any animal upon the highway, and thé animal, without Hopping,
kills a man, the refpontibility for the fame refts upon the perfon who
caft it off, or let it flip, whether he have driven it, or otherwife, the
motion of the animal being referred to the perfon who let him- flip, fo
long as it continues to move on in a ftraight line;—but that, upon the
animal turning off to the right or left, the effedt of letting it flip terminates,—
in other words, the perfon is no longer refponfible in cafe of
any damage;— and the fame rule alfo holds where the animal flops,
and then moves on of itfe lf; for if, afterwards, any thing be deftroyed,
there is no refpönfibility.
I f a perfon let flip his dog at-game, and the dog deftroy any thing
elfe, without flopping, yet the perfon who let him flip is not refponfible,
provided he did not drive (that is, run after) him; for as hunting
is a thing unlimitedly lawful, and is not reftridted to the condition
of fafety, (it not being an exertion which can affedt any other
than the hunter himfelf,) tranfgreflion (which is the occafion of re-
fponfibility) cannot be eftablilhed in this inftance. If, on the contrary,
a perfon let flip his dog on the highway, and the dog deftroy
any thing without flopping, cQmpenfation muft be made by the perfon
who let him flip ; becaufe, although the occupancy of the highway
be a matter of a neutral nature, ftill it is reftridted to the condition
of fafety, as being an exertion affedting the community ; and the:
4 letting
but not unlefs
he drive or
encourage the
dog ;
nor where he-
has let him
flip at game.•