570 GAME LAWS. 



on such farm to prevent the latter from being a trespasser 

 thereon in pursuit of game.*** Where the right of shooting 

 is reserved, the tenant may maintain an action against those 

 entitled to shoot for overstocking the land with game so as 

 to cause damage to his crops."'^ 



Where a right of shooting over land is demised, there is 

 no implied covenant by the lessor that the surface of the 

 land or the course of cultivation shall remain unchanged.^* 

 And under such a grant the tenant has no right to prevent the 

 landlord from cutting down trees in the proper course of 

 management of the estate, even though the result will be 

 prejudicial to the shooting. The right is that of shooting 

 over the lands as they may happen to be at the time, the 

 landlord not doing anything for the express purpose of de- 

 stroying such right.'*'* One having only a right of shooting 

 over land has no right to empower keepers to apprehend 

 parties trespassing in search of game.''" 



A lease of an island which authorizes the lessee to "utilize 

 the wild goats" found thereon, in moderation, so as not to de- 

 stroy them, and reserves in the lessor a power of inspection, 

 creates a property right in all the animals, precluding others 

 from hunting them or making the product of such hunting 

 the property of the lessee. A reservation in favor of the 

 government making the lease of a certain portion of the 

 island for public use is a condition subsequent and, until the 

 selection of the portion has been made, the lessee is entitled 

 to the whole island with control of all the goats thereon. 

 The right of possession to the goats is immediate, so that the 

 lessee may maintain replevin against a trespasser who invades 

 such right and is not relegated to an action of trespass.''^ 



™ Jones V. Williams, 36 L. T. N. S. 559. 



" Farrer v. Nelson, 15 Q. B. D. 258. 



" Jeffryes v. Evans, 19 C. B. N. S. 246. 



" Gearns v. Baker, L. R. 10 Ch. App. 355. 



™ Reg. V. Wood, I F. & F. 470; Reg. v. Price, 5 Cox C. C. 277. 



" Garcia v. Giinn, rig Cal. 315. 



