ii4 The Agricultural Holdings Act, 1908. [may, 



Improvements. — This reproduces the corresponding Section 

 of the Act of 1900, with the omission of the proviso as to 

 "the inherent capabilities of the soil," and to that extent 

 alters the law. 



Section 10. Compensation for Damage by Game. — Where 

 the tenant has sustained damage to his crops from game, 

 and the right to kill and take it is not vested in him nor in 

 anyone claiming under him other than the landlord, and he 

 has not permission to kill it, he is, subject to certain con- 

 ditions, entitled to compensation- from his landlord for such 

 damage if it exceeds in amount one shilling per acre of the 

 area over which the damage extends; and any agreement to 

 the contrary, or in limitation of such compensation, is void. 

 In default of agreement (made after the damage has been 

 suffered) as to the amount of compensation, it is to be 

 determined by arbitration. 



The conditions referred to are that : — 



(1) Notice in writing must be given to the landlord as 

 soon as may be after the damage was first observed by 

 the tenant. 



(2) A reasonable opportunity must be given to the landlord 

 to inspect the damage — (a) in the case of a growing crop, 

 before the crop is begun to be reaped, raised, or consumed ; 

 and (b) in the case of a crop reaped or raised, before it is 

 begun to be removed from the land ; and 



(3) Notice in writing of the claim, with the particulars 

 thereof, must be given to the landlord within one month 

 after the expiration of the calendar year, or such other period 

 of twelve months as may be agreed, in respect of which the 

 claim is made. 



In the case of contracts of tenancy made before 1st January, 

 1909, it is provided that if compensation for damage by 

 game is payable under the contract, or in fixing the rent 

 under it, allowance in .espect of such damage to an agreed 

 amount was expressly made, the arbitrator shall make such 

 deduction from the compensation as may appear just. 



Where the right to kill and take the game is vested in 

 some person other than the landlord, the landlord is entitled 

 to be indemnified by that person against claims for com- 

 pensation under the section. 



