But neither game nor natural produce constitute that thing called
RENT, without which, since the days of forays have gone by, a
landowner cannot live. Accordingly, he proposes to let a certain
portion of his domains to a farmer, whose business is to cultivate
the soil, and to make it profitable. He does so; and unless a
distinct reservation is made to the contrary, the right to take
the game upon the farm so let, passes to the tenant, and can be
exercised by him irrespective of the wish of the landlord. If, on
the contrary, the landlord refuses to part with that right which is
primarily vested in his person, and which, of course, he is at full
liberty either to reserve or surrender, the proposing tenant must
take that circumstance into consideration in his offer of rent for
the farm. The game then becomes as much a matter of calculation as
the nature of the soil, the necessity of drainage, or the peculiar
climate of the farm. The tenant must be guided by the principles
of ordinary prudence, and make such a deduction from his offer as
he considers will compensate him for the loss which his crop may
sustain through the agency of the game. If he neglects to do this,
he has no reasonable ground for murmuring--if he does it, he is
perfectly safe. Such is the plain simple nature of the case, from
which one would think it difficult to extract any clamant grievance,
at least between the landlord and the tenant. No doubt the tenantry
of the country individually and generally may, if they please,
insist in all cases on a complete surrender of the game; and if
they do, it is far more than possible that their desire will be
universally complied with. But, then, they will have to pay higher
rents. The landlord is no gainer in respect of game, nay, he is a
direct loser; for the fact of his preservation and reserval of it
reduces the amount of rent which he otherwise would receive, and,
besides this, he is at much expense in preserving. Game is his hobby
which he insists upon retaining: he does so, and he actually pays
for it. Therefore, when a tenant states that he has lost so much in
a particular year in consequence of the game upon his farm, that
statement must be understood with a qualification. His crop may
indeed have suffered to a certain extent; but then he has been paid
for that deterioration already, the payment being the difference
of rent, fixed between him and the landlord for the occupation of
a game farm, less than what he would have offered for it had there
been no game there, or had the right to kill it been conceded.
Public-domain text, read in full here on John Shaqi.
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