Page:Halsbury Laws of England v1 1907.pdf/500

 — Agriculture.

278 Sect.

2.

may

be made verbally, and

Damage by damages

its

breach will entitle the tenant to

(k).

Game.

605. Statutory

compensation.

damage

If,

to

after 1908, the tenant of an agricultural holding sustain his crops from game (which means deer, pheasants,

and black game), the right to kill and take which vested neither in him nor in anyone claiming under him other than the landlord, and which the tenant has not permission in writing to kill, he is entitled to compensation from his landlord for such damage if it exceeds one shilling per acre of the area over which such damage extends, and any agreement to the contrary or in limitation of such compensation is void. The amount of compensation must, in default of agreement made after the damage has been suffered, be determined by arbitration before a single arbitrator, but no compensation will be recoverable (1) unless notice in writing of the damage is given to the landlord as soon as may be after the damage was first observed by the tenant, and a reasonable opportunity is given to the landlord to inspect the damage (a) in the case of damage to a growing crop, before the crop is begun to be reaped, raised or consumed, and (b) in the case of damage to a crop reaped or raised, before it is begun to be removed from the land and (2) unless notice in writing of the claim, together with particulars thereof, is 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 (1).

partridges, grouse is

Amount and conditions.



Compensaby agree-

tion

ment.

606. If the landlord proves that under a contract of tenancy made before January 1, 1909, any compensation for damage by game is payable by him, or that in fixing the rent to be paid under such contract allowance in respect of such damage to an agreed amount was expressly made, the arbitrator must make such deduction from the compensation which would otherwise be payable as may appear just (m).

Landlord's

indemnity

by lessee of sporting rights.

607. Where the right

Sect. Extent of liability.

to kill

and take the game

is

vested in some

person other than the landlord, the landlord is entitled to be indemnified by such other person against all claims by the tenant for compensation for damage by such garae {n). 3.

Destruction of Crops

etc.

hy Sparks

from Locomotives.

608. Crops, ricks and plantations are frequently set on fire by sparks from locomotive engines. Save as hereinafter mentioned, however, a railway company is not liable for the damage so caused, if it be shown that the engines are of the best construction and that (k)

4 L.

Ershine y. Adeane (1873), 8 Ch. J. (K. B.)]46.

App. 756



Barrow

(0 Agricultural Holdings Act, 1906 (6 Edw. 7, c. This Act does not, however, come into oiDeration See s. 9.

(w) Ihid., (n)

Ibid.,

s.

s.

2 (3). 2 (4).

v.

56),

Ashhurnham ss.

until

1

(2),

January

(1835),

2 (1), ^2). 1, 1909.