GAME. Certain wild animals are selected by what are called the game-laws from all other animals, and protected, for the exclusive benefit of those on whose lands they are found. Game-laws of one kind or another exist in all modern countries, and controversies are constantly going on as to whether they are not too stringent. In ancient times, our kngs distinguished themselves by the severity of the forest laws, from which the modern game-laws are descended; but the crown has now little to do with G., except where certain ancient forests, parks, and free warrens are to be found, and these continue to this day to be privileged places in- many respects. The game-laws of England, Ireland, and Scotland arc still quite distinct, and though in the most material parts they agree, yet there arc several peculiarities to be attended to. The English statutes on the sub ject now in force are the game act 1 and 2 Will. IV. c. 32, and its amendments, 5 and 6 Will. IV.; c: 20, and 6 and 7 Will IV. c. 65; the night poaching act, 9 Geo. IV. c. 69, and its amendment, 7 and 8 Vict. c. 29; the larceny act, 24 and 25 Vict. c. 96; the hares' killing act, 11 and 12 Vict. c.•29, and the game licenses' acts, 23 and 24 Vict. c. 90, and the poaching act, 25 and 26 Vict. c. 114. These form the statute law on the subject, and there is interwoven with them the common law, both of which require to be taken together. Our present space precludes our giving more than the substance of the leading doctrines ou the subject.
Blackstone laid down the doctrine, that at common law the sole right of hunting and killing G. belonged to the crown, and that the subject could only claim this right by tracing title to the crown This doctrine has, however, been clearly shown to be erroneous, and prof. Christian was the first to point it out. It is now well settled that at common law the owner of the soil, or, if he has granted a lease without reserving the right, then the lepsee or occupies, has the-right to kill and catch,every wild animal that comes on his lands. This is still the law, but the game-laws have made it necessary that the owner, or other person having'the legal right, shall, before doing so, take out a game-license--in other words, pay a tax to the state. Not only is a game-license
necessary in all cases, but there is a certain season, called the close_season, during which it is unlawful for every person, whether having the legal right or not, to catch or kill game. G. is-defined to include the following animals only—viz., hares, pheasants, par tridges, grouse, heath-game, moor-game, black-game, and bustards. The close season applies only to the winged G., so that hares can be lawfully killed all the year round. But no G. must be killed on Sundays or Christmas-day; to do so, subjects the offender to a penalty of £5. Though the above animals alone are G., the G. acts also protect certain other animals—viz., woodcocks, snipes, quails, laud-rails, and conies; that is to say, any person illegally trespassing in pursuit of these may be tined £2. The eggs of game are also protected. In general, the game-laws consist merely of a net-work of penalties directed against these illegal trespasses, and these will be more properly stated under the head of poaching (q.v.). Trespasses in the night-time, in pursuit of G., are punished more severely than those in the day-time; and when there are several persons acting together, exceeding five, the penalties are increased, and still more so when the poachers are armed with dangerous weapons, and use violence.
As between landlord and tenant, time general role is, that, if there is no provision to the contrary in the lease, the tenant has the exclusive right to kill the G., and not the landlord; hence the landlord, in order to preserve the right, must always introduce an express clause in the lease for leis protection. When that is done, then the tenant may be punished like other persons for poaching. Formerly, it was attempted to protect lands against poachers by setting spring-guns and man-traps, and the English courts were inelined'to hold this to be legal. But to put an end to all doubt, a statute was passed, and is now in force, which expressly prohibits spring-guns except to protect dwelling-houses (21 and 25 Viet. c. 100, s. 31).