THE GROUND GAME ACT 211 



is, or is not, in the owner's occupation, and if it is, 

 should see that his agreement specifies the sum which 

 is to be allowed off the rent in the event of any 

 portion being subsequently let. Of course if the 

 tenant agrees to the landlord's proviso, that any such 

 letting for agricultural purposes is not to be deemed a 

 breach of contract, no claim for reduction of rent can 

 arise. 



When commenting on Section 7 of the Act 

 (p. 207) we referred to the power of a shooting tenant 

 to institute legal proceedings as if he were ow^ner. 

 It is important to note that when a right of shooting 

 is let, the agreement between the parties should be 

 in writing under hand mid seal. A mere letter, such as 

 would suffice in an ordinary case of bargain or sale, 

 will not answer the purpose ; for the right of sporting 

 is 'an incorporeal hereditament,' for the legal trans- 

 fer of w^hich a formal deed is necessary, and without 

 this neither the lessor nor the lessee, in case of dispute, 

 would be able to enforce his right. It is true that a 

 simple permission in writing (for example by letter) 

 would be sufficient authority to the holder for merely 

 shooting over the ground ; but it would not enable 

 him to prosecute trespassers in pursuit of game, nor 

 to do any other act w^hich is exercisable only by an 

 owner. Half the disputes which arise over shooting 



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