23 & 24 Vict. c. 90. 10. Gamekeeper's licence to kill game (provided by Inland Reve nue). No. GAMEKEEPER'S LICENCE TO KILL GAME. GREAT BRITAIN. £2 0 0 Collection. I of being duly authorized by the Commissioners of Inland Revenue to grant licences for killing game, under the authority and in pursuance of an act passed in the twenty-fourth year of the reign of her Majesty Queen Victoria, intituled "An Act to repeal the Duties on Game Certificates and Certificates to deal in Game, and to impose in lieu thereof Duties on Excise Licences and Certificates for the like purposes, ," do hereby authorize and empower of in the county of to KILL GAME, he having been deputed or appointed to act as gamekeeper by — of -, in the county of and having paid the sum of two pounds for this licence. This licence expires on the fifth day of April, one thousand eight hundred and sixty Dated and signed this day of 18-. A. B. 11. Endorse- change of Countersigned by C. D., Officer of Excise. I hereby certify that this licence is transferred to E. F., gamekeeper of G. Dated this day of 18-. (Signed) A. B., Collector, or Supervisor. CHAPTER IV. LANDLORD AND TENANT'S RIGHTS AND LIABILITIES a WHETHER the landlord or the tenant or occupier of the lands be entitled to the game, neither can use dog, gun, &c., to take game, or conies, &c. (with some few exceptions), without first obtaining an excise licence to kill game under the 23 & 24 Vict. c. 90, ss. 2, 5 (ante, pp. 26, 28). The former is the proprietary right; the latter the fiscal right. Excise li cence to be taken out in all cases. as to land tenant's rights. The enactments which now contain the law as to Enactments the relative rights of landlord and tenant or occupier, lord and with respect to the game upon the lands, are contained in the 1 & 2 Will. 4, c. 32, ss. 7 to 12, as to game, excepting hares, and the 11 & 12 Vict. c. 29, as to hares. c. 32. Under ex isting leases shall have the landlord the game, ex cept in cer tain cases. 1 & 2 Will. 4, c. 32, s. 7, enacts,—“ That in all 1 & 2 Will. 4, cases where any person shall occupy any land under any lease or agreement made previously to the passing of this act [5th October, 1831], except in the cases hereinafter next excepted, the lessor or landlord shall have the right of entering upon such land, or of authorizing any other person or persons who shall have obtained an annual game certificate to enter upon such land, for the purpose of killing or taking the game thereon;1 This refers only to "game" as defined by s. 2, ante, p. 14; and, therefore, the landlord and occupier's rights in respect of woodcocks, snipes, quails, landrails and conies, remain the same "And no person occupying any land under any lease or agreement, either for life or for years, made previously to the passing of this act, shall have the right to kill or take the game on such land, except where the right of killing the game upon such land has been expressly granted er slowed to such person by such lease or agreement, or except where upon the original granting or renewal of such lease or agreement a fine or fines shall have been taken, or except where in the esse of a term for years such lease or agreement shall have been made for a term exceeding twenty-one years? as before, in the tenant has the right mess they are expressly reserved to the landed. See 11 & 12 Viet. c. 29. post, p. 48, as 29 Mares Lad see s 3. t. 1. 18 as to respasses without the tenant's leave. The night of stering is an incorporeal here. Ferment, and, consernery I granted over, it can only pass by deed under seal Bird v. 5 grms, 1 AL & EL 696; 6 Ad. & F. N. Sei vern of grement letting the right of sporting, *It should be observal. Dar benre the 1 & 2 WEL 4. c. 32, the De resuit, camet je jer saami in n Locke's Game Laws, 1.12 sa hazig zcters 2 sour on and beli nader lease or beth Jember 1991 is nsferred Pan de serai ar me andlori, esant in the aree following * 24. Where ment was ly he errement expressly FERO DE INAUG Did. Where a fine vas zaal nie ginting or renewal of the 1 & 2 Will. 4, c. 32. to affect any existing or future agree ments re game, nor Sect. 8 enacts,-" That nothing in this act contained shall authorize any person seised or possessed This act not of or holding any land to kill or take the game, or to permit any other person to kill or take the game upon such land, in any case where, by any deed, grant, specting lease or any written or parol demise or contract, a right of entry upon such land for the purpose of killing or taking the game hath been or hereafter shall be reserved or retained by or given or allowed to any grantor, lessor, landlord or other person what soever; "Nor shall anything in this act contained defeat "By the 30th section, the leave and licence of the tenant shall be no defence for a trespasser, where the landlord has the right to kill the game. "The result of these provisions is that (1) upon land held under lease or agreement, made before 5th October, 1831 (except in the three excepted cases), the landlord may sport or authorize others to sport, while the tenant, if he do either, subjects himself to a penalty not exceeding 21. for the sporting, and 17. per head for the game killed. (2) In the first excepted case, viz., where the right of killing the game was, by the lease or agreement, expressly given to the tenant; the relative rights of landlord and tenant appear to be unaltered by the act, except, indeed, upon the supposition that such lease or agreement expressed that both landlord and tenant should have the right of killing the game, for there the 11th section, which provides that the landlord who has by reservation the right to kill the game, may authorize others to do so; and the 30th section, which provides, that where the landlord has the right to kill the game, the tenant's licence shall be no defence to a trespasser under that section, may materially affect those rights. (3) In the 2nd and 3rd excepted cases, viz., where a fine was paid at the grant or renewal of the lease, and where the term granted exceeded twenty-one years, and in all leases made after 5th October, 1831, the relative right of landlord and tenant appears to be unaltered, except in the following respects: first, that when the landlord has the exclusive right of sporting, he has, under the 12th section, a new and summary remedy against the tenant who sports, or authorizes others to sport. Secondly, when the landlord has by reservation the right of killing the game, he may, under section 11, authorize others to do so; while, thirdly, the tenant's licence would in such case be no defence to a person prosecuted by the landlord, for a trespass in pursuit of game under section 30. any rights forest, chase, of manor, or warren. 1 & 2 Will. 4, c. 32. "And no person occupying any land under any lease or agreement, either for life or for years, made previously to the passing of this act, shall have the right. to kill or take the game on such land, except where the right of killing the game upon such land has been expressly granted or allowed to such person by such lease or agreement, or except where upon the original granting or renewal of such lease or agreement a fine or fines shall have been taken, or except where in the case of a term for years such lease or agreement shall have been made for a term exceeding twenty-one years." 2 as before, i. e., the tenant has the right, unless they are expressly reserved to the landlord. See 11 & 12 Vict. c. 29, post, p. 48, as to hares; and see s. 30, post, p. 58, as to trespasses without the tenant's leave. The right of shooting is an incorporeal hereditament, and, consequently, if granted over, it can only pass by deed under seal (Bird v. Higginson, 2 Ad. & El. 696; 6 Ad. & El. 824). See a form of agreement letting the right of sporting, post, p. 53. 2 It should be observed, that before the 1 & 2 Will. 4, c. 32, the tenant had the exclusive right to the game on his land, except it was reserved to the landlord; and sometimes there was a concurrent right in both. The effect of the several sections, and the result, cannot be better stated than in Locke's Game Laws, 3rd ed., pp. 14, 15:-" By the 7th section the right of sporting and authorizing others to sport on land held under lease or agreement, made before the 5th of October, 1831, is transferred from the tenant to the landlord, except in the three following cases: "1st. Where the right was by the lease or agreement expressly given to the tenant. "2nd. Where a fine was paid at the granting or renewal of the lease or agreement. "3rd. Where the term granted exceeded twenty-one years. "By the 8th section, it is provided that nothing in this act shall authorize the tenant to sport, or to authorize others to sport, where the right of entry for the purpose of killing the game is in the landlord, by virtue of any grant, lease or contract. "By the 11th section, where the landlord shall have reserved to himself the right of killing the game, he shall have the right of authorizing others to do so. "By the 12th section, a penalty is given against the tenant who sports, or authorizes others to sport, on land, where the landlord has the exclusive right. |