5

A.B.

I A.B. do authorize C.D. to kill hares and rabbits on the lands occupied by me within the (here insert the name of the parish or other place, as the case may be).

[AS AMENDED IN COMMITTEE.]

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. Lessee may kill hares without game certificate.

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

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

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

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

SCHEDULES.

5

A

BILL

[AS AMENDED IN COMMITTEE]

ΤΟ

Amend the Laws relating to Game in Scotland.

WHEREAS divers Acts of Parliament have from time to time A.D. 1877. been passed relating to the preservation of game in Scotland,

and certain of these Acts are enumerated in Schedule I. to this Act annexed, and are in this Act referred to as the "Game Acts;"

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

15

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

only.

extent of

Act.

ment of Act.

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

3. In this Act, unless there be something in the subject or Interpreta20 context repugnant to such construction,

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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;

3. The word "sheriff" shall include sheriff substitute;

tion clause.

4. The word "game" shall include all the animals enumerated in the Game Acts or any of them;

5. The word "crop" shall include grass, whether intended for hay or pasture.

4. The sole right of hunting, taking, and killing rabbits and 5 hares, and other game upon any land, shall from and after the commencement of this Act, unless the same be effectually reserved to himself by the lessor, be in the lessee in occupation of such land, subject to the following provisions:

1. The lessee shall occupy the land under a lease made subsequently 10 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:

3. Where there is a reservation of the sole right of hunting, 15
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 and hares, or other game harboured on
the lands of the lessor to which the reservation applies, in 20
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 the sum of forty
shillings:

4. During the currency of any lease the parties thereto may from
time to time, by any agreement in writing, increase or
diminish the estimated amount of the annual damage afore-
said.

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5. In the event of a lessee in occupation of land under a lease 30 made subsequently to the commencement of this Act, being of opinion that the damage done to his crops by rabbits and hares, and other game harboured on the lands of the lessor in any one year during the lease, such year being reckoned from Whitsunday to Whitsunday, has exceeded the sum named in the lease, or if no sum 35 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, failing agreement as to the amount of such excess of damage, or a reference to arbiters to settle the same, to take steps to recover the amount of such excess of damage in the form 40 and manner herein-after provided.