GAME LAWS AND LICENCES 
any ground except for agricultural purposes, under a penalty of £10; 
but this statute, as well as the Poisoned Flesh Prohibition Act, 1864, 
have been repealed in their application to England and Ireland (but not 
Scotland) by the Protection of Animals Act, 1911, which is more explicit 
and likely to be more efficacious. [Section 8 of this last mentioned Act 
makes it an offence (under a penalty not exceeding £10) to sell or use 
poisoned grain, “except for bona fide use in agriculture,’’ or to lay poison 
on any land except for the purpose of destroying rats, mice, or other 
small vermin (using all reasonable precautions). But Section 17 of this 
same Act of 1911 also provides that “nothing in Sect. 8 shall prevent 
owners or occupiers of land in Ireland from laying poison as therein 
described, after a notice has been posted in a conspicuous place, and 
notice in writing has been given to the nearest constabulary station.’’] 
Section 4 relates to dealing in game, and prohibits the purchase or 
sale of it by a licensed dealer ten days after the expiration of the close 
time, or the possession of it after 40 days from the close season (except 
in a breeding place), under a penalty of £1 per head. But this does not 
apply to game received from abroad. Regina v. Guyer 23 Q.B.D. 100 (1889). 
Sections 5 and 6 relate to the obligation of obtaining a licence to kill 
game, and the regulations affecting it ; but as these have been amended 
by the Game Licences Act, 1860, to be mentioned later, it will be unneces- 
sary here to set out the details. 
Section 11 enables a landlord who has reserved the game upon any 
land to authorize any holder of a game licence to kill it. The reason for 
this is that the game belongs by law to the occupier of the soil, who has a 
qualified right to it so long as it remains on his land, unless it has been 
reserved to the owner by the terms of the lease granted by him. Accord- 
ingly, if he has reserved it he must be empowered to authorize anyone 
to kill it; and it is this section of the Act which justifies a landlord in 
letting a farm to a tenant, reserving the game (or all sporting rights), 
and letting that to a third party. 
Section 13 empowers the lord of a manor, by deed under hand and seal, 
to appoint a gamekeeper within the manor and authorize him to seize 
all dogs, nets, etc., used by any one not having a game licence. 
Section 16 requires such appointment of a gamekeeper to be registered 
with the Clerk of the Peace for the county. 
Ill 
425 
