54 THE COMPLETE WILDFOWLER 



let. As far as sporting rights on Crown and Commission land 

 are concerned, these can invariably only be claimed by tenancy 

 of land, but if Commissioners actually hold sporting rights 

 they can legally let them if desirous of doing so. River Com- 

 missioners and the Crown neither assist nor resist shooters on 

 tidal foreshores, as a rule. In the case of land rented from 

 the Commissioners, the tenant must carry out any prosecutions 

 which may be taken against offenders. Subletting of sporting 

 rights of Crown lands or land held from Commissioners, 

 appears to be a question of disposal of rights not vested in the 

 tenant, and therefore would, in a court of law, appear as some- 

 thing which could not stand as a legal transaction ; conse- 

 quently a person renting shooting from a tenant of the Crown 

 cannot stand as the shooting tenant, since the sporting rights 

 alone cannot be let. The only way for the shooter to obtain 

 the shooting by payment would be by mutual agreement with 

 the land tenant, but in case of a breach of the mutual con- 

 tract there could be no recourse in law against the wrong- 

 doer. 



The legal tract of foreshore, where no Crown grants 

 exist, over which the public may sport is that between the 

 high-tide mark and low-water mark. Above the high-tide 

 mark rent may be paid for the grazing, and in the tenancy 

 some power to prevent shooting may exist. Of course shooting 

 from a footpath is illegal, but where the locality is remote and 

 the danger from so doing is of no account and the shooting is 

 not restricted, the practice is not noticed. With regard to 

 gathering birds falling on private land, the custom of leaving 

 the gun on land where one has a right and then retrieving the 

 spoil is recognised as in order. A dog, of course, may be 

 legally used for such a purpose, but must not be allowed to 

 range wantonly over the private land. 



County Councils have the power to make orders regulating 

 the times during which wild birds may be shot. These orders, 



