Damage hy Game. 
15 
of small syndicates or partnerships, and the difficulty of making 
them liable would, in practice, be considerable. Moreover, 
they are liable at pi’esent when they overstock the land 
with game, accordingly, the proposed amendment was not 
pursued. 
The liability of persons who are entitled to shooting rights to 
tenants whose crops are damaged by reason of the overstocking 
of game, was declai’ed in a case of Farrer v. Nelson, reported 
in the Law Reports, 15 Queen’s Bench Division, page 260, as 
follows ; “ As I understand the law,” said Baron Pollock, “ each 
person in this country is entitled to bring on his land any 
quantity of game which can reasonably and properly be kept 
on it and so that nothing extraordinary and non-natural is 
done.” The case of Birkbeck v. Paget (Sl.Beavan, page 403) 
which was cited by counsel for the defendants, to show that 
there is a difference between introducing fresh game and 
shifting game from one part of the land to another, is at any 
rate an authority that the lessee is not warranted in introducing 
into the land game not bred in the ordinary way. So here, so 
long as the lessee of the right of shooting was exercising the 
ordinary rights which the landlord who had reserved the right 
might have exercised, he was acting within his rights, but the 
moment he brings on game to an unreasonable amount, or 
causes it to increase to an unreasonable extent, he is doing 
that which is unlawful, and an action may be maintained by 
his neighbour for the damage which he has sustained. 
The limitations that define the amount of compensation 
are as follows : “ The amount of compensation payable under 
the section shall, in default of agreement made after the damage 
has been suffered, be determined by arbitration, but no com- 
pensation shall be recoverable under this section imless notice in 
writing is given to the landlord as soon as may be after the 
damage was first observed by the tenant, and a reasonable 
opportunity was given to the landlord to inspect the damage.” 
This, in the case of damage to a growing crop, must be before 
the crop is begun to be reaped, z-aised, or consumed, and in the 
case of damage to a crop reaped or raised, before it is begun to 
be removed from the land. Further, notice in writing of the 
claim, together with particulars, must be given to the landlord 
within one month after the expiration of the calendar year, or 
such other period of twelve months as by agreement between 
the landlord and tenant may be substituted therefor, in respect 
of which the claim is made. It will be seen, therefoi’e, that 
two notices in writing must be given by the tenant claiming 
compensation ; (1) The notice of damage which affords the 
landlord an opportunity of inspecting the ci'ops ; (2) The 
notice in writing of the claim. 
