§ Mr. Fox Maulemoved for leave, according to his notice, to bring in a "Bill for relief of the tenants and occupiers of land in Scotland from the damages done to their crops by hares, pheasants, and rabbits." On two farms of 132 acres, thirty-three of which were in pasture, the damage done by game last season, was no less than 335. Against this loss the farmer had no protection, and in the present state of the law could obtain no redress. The Bill he wished to bring in would remedy them by allowing the tenant to kill the game, and in compelling landlords in all existing leases to submit to arbitration.
§ Admiral Adam seconded the Motion.
§ Viscount Stormontdoubted the utility of the proposed Bill, but he would not oppose the Motion.
Sir George Clerkdid not think that any alteration of the law was necessary, for at 1274 present injured tenants could recover compensation from the preservers of game.
§ Mr. Jerviswas decidedly against interfering between landlords and tenants. As the law now stood, tenants had the remedy in their own hands.
§ Mr. Benettunderstood that the object of the Bill was only to assimilate the law in the two countries, and he would support the Motion.
Captain Wemyssaid, the Bill would lead to endless controversies between landlords and tenants. The hon. Mover had greatly exaggerated the evil of the present system, and he thought the Bill so uncalled for, that he would divide the House against the Motion if he stood alone.
The Lord-Advocatedid not agree with the gallant Member. The game laws in Scotland were a perfect nuisance to the tenants, and certainly the law as it at present stood was not adequate to give them relief.
§ Mr. Philip Howardthought the principle of the Measure bad, and not regarding it as a cabinet measure, he should oppose it at once.
§ The House divided: Ayes 50; Noes 76; Majority 26.