DamagelJnj Game. 
13 
tenancy is made,” and the use of these words apparently 
excludes an assignee or other tenant within the meaning of the 
definition given of tenant under Section 61 of the Agricultural 
Holdings Act, 1883. If this construction is coi’rect, great 
difficulty will arise in giving an equitable construction to the 
section, for the draughtsman of the Act surely never contem- 
plated putting the assignee, who is a tenant within the meaning 
assigned to a tenant under the Act of 1883 (which is to be read 
and may be cited with this Act) in a better position than the 
tenant with whom the contract of tenancy was made. There 
is nothing to exclude an assignee’s representatives from the 
benefits conferred by Section 4 ; he is a tenant, but Sub- 
section (c) has no application to him. It would seem as if 
Section 61 of the Agricultural Holdings Act, 1883, had been 
forgotten or ignored. If the words, “ with whom a contract of 
tenancy had been made,” had been omitted the whole of the 
section would have been far clearer. 
The tribunal assigned for interpreting the difficult matters 
involved in this section is that of the arbitrator, and no doubt 
many of these will come before County Court Judges on 
questions of law under Section 2 (6) of the Agricultural 
Holdings Act, 1900. 
Compensation foe Damage by Game. 
The respective rights of landlord and tenant to the game on 
the tenant’s land are determined by the Game Act of 1831. This 
provides, by Section 7, that in all cases where a person occupies 
any land under a lease or agreement, made previously to the 
passing of the Act, the lessor or landlord shall have the right 
of entering upon such land or of authorising any other person 
who shall have obtained an annual game certificate to enter 
upon such land for the purpose of killing or taking the game 
thereon ; and no person occupying any land under any lease or 
agreement, either for life or for years, made previously to 
the passing of this Act, shall have the right to kill or take the 
game on such land, except where the right of killing the game 
upon such land has been expressly granted or allowed to such 
person by such lease or agreement, or except where upon the 
original granting or renewal of such lease or agreement, a fine 
or fines shall have been taken or except where in the case of a 
term for years, such lease or agreement shall have been made 
for a term exceeding twenty-one years. Section 8, however, 
declares that nothing in the Act is to affect any existing or 
future agreements respecting game, nor any rights of manor, 
forest, chase or warren. Subsequent to the passing of this Act, 
the right of sporting unless expressly reserved under seal to the 
landlord belonged to the tenant. 
