ARRANGEMENT OF CLAUSES.

Clause.

1. Title and extent of Act.

2. Commencement of Act.

3. Interpretation clause.

4. Right of taking and killing game to be in the lessee, unless reserved by the lessor.

5. Lessee being of opinion that damage to his crops exceeds the sum mentioned in his lease, to intimate the same to the lessor.

6. Provisions as to actions of damage between lessor and lessee. 7. Provisions as to arbitrations for settling claims of damage between lessors and lessees.

8. Contract restraining lessee from pursuing, &c. hares, &c. not to be enforced by interdict.

9. Lessee may kill hares and rabbits without gun license or game certificate.

10. Authority to kill hares, &c. to be limited to one person at the same time in any one parish.

11. Prosecutions under game laws to be before the sheriff.

12. No person to be prosecuted again for the same offence.

13. Leases or agreements about game existing at passing of this Act not to be affected by it.

SCHEDULES.

A

BILL

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W

ΤΟ

Amend the Laws relating to Game in Scotland.

HEREAS divers Acts of Parliament have from time to time A.D. 1877.

been passed relating to the preservation of game in Scotland,

and these Acts are enumerated in Schedule one to this Act annexed,

and are in this Act referred to as the "Game Laws;"

And whereas by the Common Law of Scotland the sole right of taking and killing game belongs to the proprietor of the land;

And whereas it is expedient that these laws should be amended in this respect;

Be it enacted by the Queen's most Excellent Majesty, by and 10 with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:

1. This Act may be cited for all purposes as "The Game Laws Title and "Amendment (Scotland) Act, 1877," and shall apply to Scotland extent of 15 only.

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Act.

2. This Act shall commence and come into operation on the first Commenceday of January one thousand eight hundred and seventy-eight, ment of Act. which day is hereafter referred to as the commencement of this

Act.

3. In this Act, unless there be something in the subject or Interpretacontext repugnant to such construction,

1. The word "lessor" shall mean the grantor of any lease of
land for any term not less than two years, and also the
person or persons for the time in the right and subject to the
obligations of the grantor with respect to such lease;

2. The word "lessee" shall mean the grantee of any lease of
land for any term not less than two years, and also the
person or persons for the time in the right and subject to the
obligations of the grantee with respect to such lease;

tion clause.

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3. The word "sheriff" shall include sheriff substitute;
4. The word "county" shall include stewartry.

A.D. 1877. Right of taking and

4. The sole right of hunting, taking, and killing rabbits, hares, and other game, wild birds, and wild animals upon any land, shall, from and after the commencement of this Act, unless the same be killing game effectually reserved to himself by the lessor, be in the lessee in occupation of such land, subject to the following provisions:

&c. to be

in the
lessee, unless
reserved by
the lessor.

Lessee being of opinion that damage

to his crops

exceeds the

sum men

tioned in his lease, to intimate the

same to the

lessor.

1. The lessee shall occupy the land under a lease made subsequently to the commencement of this Act:

2. The lessee shall not be entitled to assign such right apart from the lease to any person without the lessors consent in writing :

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3. Where there is a reservation of the sole right of hunting,
killing, or taking rabbits, hares, and other game, wild birds
and wild animals, or any of them, the lessee shall be entitled
to compensation for the damage done to his crops in each
year by the rabbits, hares, or other game, wild birds and wild 15
animals harboured on the lands of the lessor to which the
reservation applies, in excess of such sum as may have been
set forth in the lease, as the amount of annual damage for
which it is agreed no compensation shall be due; and if no
such sum shall be set forth in the lease, then in excess of 20
the sum of forty shillings:

4. The lessor shall be returned in the Valuation Roll as proprietor
and tenant of the shootings, at a rent equal to the stipulated
sum named in the lease, on which sum he shall be assessed
for rates and taxes, unless the shootings shall be let sepa- 25
rately from the land, in which case the name of the tenant
thereof and the rent therefor shall be entered in the Valuation
Roll as before the passing of this Act. During the currency
of any lease the parties thereto may from time to time, by
any agreement in writing, increase or diminish the estimated 30
amount of the annual damage aforesaid, and in case of any
such alteration thereof it shall be the duty of the lessee to
give due notice of such alteration to the assessor for the
county, in order that the entry in the Valuation Roll may be
corrected accordingly.

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5. In the event of a lessee in occupation of land under a lease made subsequently to the commencement of this Act, being of opinion that the damage done to his crops by rabbits, hares, and other game, wild birds and wild animals harboured on the lands of the lessor in any one year during the lease, has exceeded the sum 40 named in the lease, or if no sum is therein named, the sum of forty shillings, he shall intimate this opinion to the lessor in writing, stating at the same time that it is his intention to bring the case