In Crosby v. Wadsworth (c), it was held that the purchase of 88 1, 2. a growing crop of grass, for the purpose of being mown and made into hay, gave the vendor such an exclusive possession of the close, that he might maintain an action of trespass quare clausum fregit. See Mogg v. Overseers of Yatton (d). (3) Only the occupier and the one other person authorised in accordance with sub-sect. (a.) may kill ground game with firearms. The persons mentioned in sub-sect. (b.) may kill or take ground game by methods other than the use of fire-arms; but it would seem that the person authorised under sub-sect. (a.) must belong to one or other of the classes mentioned in sub-sect. (b.). The occupier cannot give an authority to a mere friend of his to shoot the ground game on his land, unless he bona fide employs him for reward. (4) Who may kill game under this Act. "Members of his household" probably includes members "Members of the occupier's family and his domestic servants, but not of the visitors. As to what constitutes residence, see Wescomb's Case (e), Taylor v. Overseers of St. Mary Abbott (ƒ), Ford v. Drew (g). household." the autho If rity. "not (5) It is to be noticed, that the authority can only lawfully be Who may demanded by the owner himself or other person to whom he has demand assigned his concurrent right of killing ground game, or by a person authorised by him in writing to make the demand. it is desired that a gamekeeper should have this authority, it must be given to him in writing. This section says, that the person whose authority is demanded shall produce it, or be deemed to be an authorised person." There is no alternative of giving name and address, as in the Gun Licence Act, 1870, 33 & 34 s. 9. It is not clear however, that "shall produce' means Vict. c. 57. "shall produce immediately," so as to make it necessary for an authorised person to carry his authority about, whenever he is in pursuit of ground game. Occupier entitled to kill ground game on land in his 2. Where the occupier of land is entitled otherwise than in pursuance of this Act to kill and take ground game thereon, if he shall give to any other person a title to kill and take such ground game, he shall nevertheless retain and have, as incident to and inseparable from such occupation, the same right to kill and take ground game as is declared by section one of this Act. of such Save as aforesaid, but subject as in section six hereafter right. (c) 6 East, 602. (e) L. R. 4 Q. B. 110. (f) L. R. 6 C. P. 309. (g) 5 C. P. D. 59. occupation not to divest himself wholly §§ 2, 3, 4. mentioned, the occupier may exercise any other or more extensive right which he may possess in respect of ground game or other game, in the same manner and to the same extent as if this Act had not passed. All agree ments in contravention of right of occupier to destroy ground game void. Exemption from game licences. This section prevents an occupier from divesting himself of his right to kill ground game by assignment to his landlord or otherwise. An occupier, who is also owner, is subject to this section equally with a tenant-occupier. 3. Every agreement, condition, or arrangement which purports to divest or alienate the right of the occupier as declared, given, and reserved to him by this Act, or which gives to such occupier any advantage in consideration of his forbearing to exercise such right, or imposes upon him any disadvantage in consequence of his exercising such right, shall be void. 4. The occupier and the persons duly authorised by him as aforesaid shall not be required to obtain a licence to kill game for the purpose of killing and taking ground game on land in the occupation of such occupier, and the occupier shall have the same power of selling any ground game so killed by him or the persons authorised by him, as if he had a licence to kill game: Provided that nothing in this Act contained shall exempt any person from the provisions of the Gun Vict. c. 57. Licence Act, 1870.2 33 & 34 Right to kill hares without a licence. Power of person licensed to 1 (1) Under 11 & 12 Vict. c. 29, any person, being in the actual occupation of any inclosed land, or any owner thereof who has the right of killing game thereon, by himself or by any person directed or authorised by him in writing, according to the form in the schedule to the Act annexed, or to the like effect, so to do, may take, kill, or destroy any hare then being in or upon any such inclosed lands, without the payment of any duties of assessed taxes, and without the obtaining of an annual game certificate (now a "licence to kill game "), sect. 1. A copy of the authority must be sent to the clerk of the petty sessions (sect. 2), but the Act is not to be taken to extend to authorise tenants bound by agreements not to kill game to kill hares. This Act is still in force. The power of selling game without a licence to sell is given by 1 & 2 Will. IV. c. 32, s. 17, to persons having a licence to kill game, in the following words: "Every person who shall §§ 4, 5. have obtained an annual game certificate" (now licence to kill game) "shall have power to sell game to any person licensed to deal in game according to the provisions hereinafter mentioned." The word " game" in the Act includes hares. kill game to sell without a licence. The Gun Act, 1870. (2) Under the Gun Licence Act no person may use or carry a gun within the United Kingdom, elsewhere than in a dwelling- Licence house or the curtilage thereof, unless he has taken out a 10s. excise licence; but no person who has a game licence in force requires a gun licence. There are certain exceptions in favour of persons in Her Majesty's service, &c. 5. Where at the date of the passing of this Act the Saving right to kill and take ground game on any land is clause. vested by lease, contract of tenancy, or other contract bona fide made for valuable consideration in some person other than the occupier, the occupier shall not be entitled under this Act, until the determination of that contract, to kill and take ground game on such land. And in Scotland when the right to kill and take ground game is vested by operation of law or otherwise in some person other than the occupier, the occupier shall not be entitled by virtue of this Act to kill or take ground game during the currency of any lease or contract of tenancy under which he holds at the passing of this Act, or during the currency of any contract made bonâ fide for valuable consideration before the passing of this Act whereby any other person is entitled to take and kill ground game on the land. For the purposes of this Act, a tenancy from year to year, or a tenancy at will, shall be deemed to determine at the time when such tenancy would by law become determinable if notice or warning to determine the same were given at the date of the passing of this Act.1 Nothing in this Act shall affect any special right of killing or taking ground game to which any person other than the landlord, lessor, or occupier may have become entitled before the passing of this Act by virtue of any franchise, charter, or Act of Parliament. §§ 5, 6, 7. 38 & 39 Vict. c. 92. Prohibition of night shooting, spring traps above ground, or poison. As to nonoccupier having right of killing game. Rights of person having the sole right of killing game as against the occupier, (1) In the case of tenancies subject to the Agricultural Holdings Act, 1875, a year's notice to quit was necessary (sect. 51). For the law under the Act of 1883, see ante, p. 41. 6. No person having a right of killing ground game under this Act or otherwise shall use any firearms for the purpose of killing ground game between the expiration of the first hour after sunset and the commencement of the last hour before sunrise; and no such person shall, for the purpose of killing ground game, employ spring traps except in rabbit holes,1 nor employ poison; and any person acting in contravention of this section shall, on summary conviction, be liable to a penalty not exceeding two pounds. This section absolutely forbids any person having a right to kill ground game to do so by means of fire-arms between the expiration of the first hour after sunset and the commencement of the last hour before sunrise, or to employ spring traps (except in rabbit-holes), or poison for the same purpose. (1) In the case of Brown v. Thomson (h), the Scottish Court of Session decided that the term "rabbit-holes " in this section meant that part of the burrow which is inside the ground and covered by a roof, and that it does not apply to the scrape or run which is not covered. 7. Where a person who is not in occupation of land has the sole right of killing game thereon (with the exception of such right of killing and taking ground game as is by this Act conferred on the occupier as incident to and inseparable from his occupation), such person shall, for the purpose of any Act authorising the institution of legal proceedings by the owner of an exclusive right to game, have the same authority to institute such proceedings as if he were such exclusive owner, without prejudice nevertheless to the right of the occupier conferred by this Act. By 1 & 2 Will. IV. c. 32, s, 12, when the right of killing the game upon any land is, under that Act, given to any lessor or landlord, in exclusion of the right of the occupier of such land, (h) Decisions in the Court of Session, 4th series, vol. 9, p. 1183. or where such exclusive right hath been or shall be specially 88 7, 8, reserved by or granted to or doth belong to the lessor, landlord, 9, 10, 11. or any person whatsover other than the occupier of such land, if the occupier of the land pursues, kills, or takes any game upon the land, or gives permission to any other person so to do, without the authority of the lessor, landlord, or other person having the right of killing the game upon such land, such occupier shall on conviction pay for such pursuit such sum of money not exceeding 21., and for every head of game so killed or taken such sum of money not exceeding 17., as to the convicting justices shall seem meet, together with the costs of the conviction. 8. For the purposes of this Act Interpretation clause. Exemption penalties. The words "ground game" mean hares and rabbits. 9. A person acting in accordance with this Act shall not thereby be subject to any proceedings or penalties from in pursuance of law or statute. any 10. Nothing in this Act shall authorise the killing Saving of or taking of ground game on any days or seasons, or by prohibiexisting any methods, prohibited by any Act of Parliament in tions. force at the time of the passing of this Act.1 (1) In England hares may not be killed on Sundays or Christmas Day (1 & 2 Will. IV. c. 32, s. 3), but otherwise hares and rabbits may be killed all the year round. 11. This Act may be cited for all purposes as the Short title. Ground Game Act, 1883. |