RIGHT TO SHOOT IN PRIVATE LANDS. 571 



Under a statute providing that every agreement, condition 

 or arrangement which purports to divest or alienate the rights 

 of the occupier of land to kill and take ground game or which 

 gives him any advantage in consideration of his forbearing, 

 shall be void, it was held that an agreement by the occupier 

 of a farm with the sole right of taking game and rabbits on 

 it, to let for an annual sum the sole right of killing all winged 

 game, hares and rabbits on his farm, was not invalid. '^^ In 

 Ohio it was held that the statutory right of the owner of land 

 to use ferrets to catch rabbits was personal and that his per- 

 mission to another would not relieve the latter from the pen- 

 alty.'^3 



A statute against the use of fire-arms, poison and spring- 

 traps in killing ground game was held not to apply to the 

 owner of land doing acts on his own land.^* 



The right of free warren is divisible.'^ But free warren 

 cannot be parcel of a manor and therefore will not pass by 

 a grant of the manor with the appurtenances, though it is 

 held with the manor. Warren can appertain to a manor 

 only by prescription.^® 



The demise of the exclusive right of sporting over a farm 

 does not justify the lessee in turning out on it game not bred 

 thereon in the ordinary way; and, it seems, in such a case 

 the lessor is justified in keeping down the excess.''^'' It was 

 held in one case that one having the right to shoot has no 

 right to turn rabbits on a farm without express leave and is 

 liable for the damage they do; ''* while in another case it was 



'■' Morgan v. Jackson, [1895] i Q. B. 885. 



As to the right of a tenant to employ a person to kill ground game, 

 see Richardson v. Maitland, 24 Rettie (Sc. Ct. Justic.) 32; Bruce v. 

 Prosser, 25 id. 54. 



" Hart V. State, 29 O. St. 666. 



" Smith V. Hunt, 54 L- T. N. S. 422. 



"Beauchamp (Earl) v. Winn, L. R. 6 H..L. 223. 



"Morris v. Dimes, 3 N. & M. 671. Grouse are not birds of warren: 

 Devonshire (Duke) v. Lodge, 7 B. & C. 36. 



" Birkbeck v. Paget, 31 Beav. 403. " Hilton v. Green, 2 F. & F. 821. 



