23 & 24 Vict. c. 90. 6. Statement 7. Using dog, killing game, &c. (Id.) FORMS. For that you [or he the said A. B.] after the passing of a certain act of parliament, made and passed in the year of our Lord one thousand eight hundred and sixty, and 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, "and within six calendar months before the day of exhibiting this information [or the exhibiting the information in this behalf], to wit, on the day of in the year of our Lord at the parish of in the county aforesaid, unlawfully did take and kill [or pursue] certain game, to wit, a partridge [or a certain woodcock, or as the case may be], without having taken out or having in force such a licence as by the said act was and is required, contrary, &c. Proceed to the asterisk* in the last form, then: unlawgun, &c., for fully did use a certain dog for the purpose of taking and pursuing [or a certain gun, &c., for the purpose of taking and killing, or pursuing] certain game, to wit, a pheasant [or as the case may be], without having taken out or having in force such a licence as by the said act was and is required, contrary, &c. 8. Not producing li Proceed to the asterisk* in form No. 6, supra, then: A. B. was [or you were] discovered by one E. F., an officer gamekeeper, of Inland Revenue, cence to officer of Inland Revenue, &c., or refusing to declare name, &c. (Id. s. 10). [or by one F. G., the lord, or gamekeeper, of the manor or royalty of or of certain lands, or by one G. H., then having duly taken out a proper licence to kill game under the said act, or the owner, or landlord, or lessee, or occupier of certain lands there on which the said A. B. then was], there taking [or killing or pursuing, or aiding or assisting in the taking, or killing or pursuing, or using a certain dog, or gun, or net, or engine, for the purpose of taking, or killing or pursuing] certain game, to wit, [or a certain woodcock, or snipe, or quail, or landrail, or coney, or certain deer, to wit, -], unlawfully, after demand had been duly made by the said E. F., as such officer of Inland Revenue [or as the case may be], did wilfully refuse to produce and show to the said E. F., as required by the said act, a licence to kill game issued to him the said A. B., [or from the second asterisk*, and not having produced to the said E. F. a licence to kill game issued to him the said A. B., on him the said E. F. then and there demanding and requiring the same, unlaw fully did wilfully refuse to give to the said E. F., 23 & 24 Vict. [or from the last asterisk*, for the production of a li- contrary, &c. No. LICENCE TO KILL GAME.-No. 1 [or 2 or 3]. £3 0 0 or £200 [as the case may be].20 I of Collection. 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 paid the sum of THREE POUNDS [or TWO POUNDS]20 for this licence. This licence expires on the fifth day of April [or thirtyfirst day of October] 20 one thousand eight hundred and sixty Dated and signed this Countersigned by C. D., Officer of Excise. 20 There are three forms of licence provided by the Commissioners of Inland Revenue, and this is an adaptation of the three. See Introduction, ante, p. 5, for information as to the respective colours of the paper of these licences. 9. Excise li cence to kill 23 & 24 Vict. c. 90. 10. Gamekeeper's li cence to kill game (provided by Inland Reve nue). 11. Endorsement on li cence on change of keeper (Id. s. 8, ante, p. 33). 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 in the county of to KILL GAME, he having been deputed or appointed to act as gamekeeper by —, 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 of Countersigned by C. D., day of Officer of Excise. 18-. A. B. of I hereby certify that this licence is transferred to E. F., gamekeeper of G. (41) 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. the landlord shall have 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 Under exany lease or agreement made previously to the passing isting leases 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 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. |