contracted away. Disputes as to amount are to be settled by
arbitration; but claims to be effectual must be made as to growing
crops before reaping, raising or feeding off, and as to cut crops before
carrying. In the case of contracts of tenancy created before the 1st
of January 1909, allowances are to be made if by their terms compensation
for damage by game is stipulated for, or an allowance of
an agreed amount for damage by game was expressly made in fixing
the rent. The compensation is payable by the landlord subject to
his right to be indemnified in cases where the sporting rights are not
vested in him.
Sporting Rights.—Sporting rights (i.e. rights of fowling or of shooting, or of taking or killing game or rabbits, or of fishing), when severed from the occupation of land, are subject to income or property tax, and to assessment for the purpose of local rates (Rating Act 1874); and in valuing land whether for rates or taxes the value of the sporting rights is now an important and often the chief item of value in beneficial occupation of the land. Where the sporting rights are the landlord’s, the rate thereon is paid in the first instance by the tenant and deducted from his rent. Where the sporting right is reserved and let, the rating authority may rate either the landlord or the sporting tenant as occupier of the right. The Ground Game Acts have not affected the liability to assessment of concurrent rights of killing hares and rabbits reserved by a landlord, or of a concurrent right granted by the occupier (Ryde (2nd ed.), 385–387). The ownership of sporting rights severed from the ownership or occupation of the land over which they are exercisable is not an interest in land giving the electoral franchise or a claim for compensation if the land is taken under the Lands Clauses Consolidation Acts.
Scotland.—By the law of Scotland all men have right and privilege of game on their own estates as a real right incident thereto, which does not pass by an agricultural lease except by express words, or in the case of ground game by the act of 1880. The landlord is liable to the tenant for damage done to the surface of the lands in exercise of his right to the game and also for extraordinary damage by over-preserving or over-stocking. Under an act of 1877 he was liable for excessive damage done by rabbits or game reserved to or retained under a lease granted after the 1st of January 1878, or reserved by presumption of common law; this act from 1909 onwards is superseded by the provisions of the Agricultural Holdings Act 1906. Night poaching is punished by the same act as in England, and day poaching by an act of 1832 and the act of 1882. Until 1887 poaching by night under arms was a capital offence. The definition of game in Scotland for purposes of night poaching is the same as in England. The provisions of the act of 1832 as to game trespass by day apply also to deer, roe, rabbits, woodcock, snipe, rails and wild duck; but in other respects closely resemble those of the English act of 1831.
Offences against the game laws are not triable by justices of the peace, but only in the sheriff court. The close time for game birds in Scotland is the same as in England, so far as dealing in them is concerned, but differs slightly as to killing. Black game may not be killed between the 10th of December and the 25th of August, nor ptarmigan between the 10th of December and the 20th of August. There is no close time for red, fallow or roe deer, or rabbits. By an old Scots act of 1621 (omitted from the recent wholesale repeal of such acts) no one may lawfully kill game in Scotland who does not own a plough-gate of land except on the land of a person so qualified.
Ireland.—The common law as to game is the same for Ireland as for England. The game laws of Ireland are contained partly in acts passed prior to the union (1698, 1707, 1787 and 1797), partly in acts limited to Ireland, and as to the rest in acts common to the whole United Kingdom.
Under the act of 1698 no one may kill game in Ireland who has not a freehold worth £40 a year or £1000 net personality, and elaborate provisions are made by that and later acts against the keeping of sporting dogs by persons not qualified by estate to kill game. British officers and soldiers in Ireland appear to have been much addicted to poaching, and their activities were restrained by enactments of 1698 and 1707.
Night poaching in Ireland is dealt with by an act of 1826. Trespass on lands in pursuit of game to which the landlord or lessor has by reservation exclusive right is summarily punishable under an act of 1864, which includes in the definition of game, woodcock, snipe, quails, landrails, wild duck, widgeon and teal. Under the Land Act 1881 the landlord of a statutory holding may at the commencement of the term subject to the Ground Game Acts retain and exercise the exclusive right of taking “game” as above defined.
A game licence is not required for taking or killing rabbits. But in other respects the law as to game licences, dog licences and licences to deal in game is the same as in Great Britain.
British Possessions Abroad.—The English game laws have not been carried to any colony as part of the personal law of the colonists, nor have they been extended to them by imperial or colonial legislation. But the legislatures of many colonies have passed acts to preserve or protect native or imported wild animals, and in some of these statutes the protected animals are described as game. These statutes are free from feudal prepossessions as to sporting rights, and are framed rather on the lines of the Wild Birds Protection Acts than on the English game laws, but in some possessions, e.g. Quebec, sporting leases by the crown are recognized. The acts since 1895 are indicated in the annual summary of colonial legislation furnished in the Journal of the Society of Comparative Legislation.
See also Oke’s Game Laws, 4th ed., by Willis Bund (1897); Warry, Game Laws of England (1897); Marchant and Watkins, Wild Birds Protection Act (1897). (W. F. C.)
GAMES, CLASSICAL. 1. Public Games.—The public games of
Greece (ἀγῶνες) and Rome (Ludi) consisted in athletic contests
and spectacles of various kinds, generally connected with and
forming part of a religious observance. Probably no institution
exercised a greater influence in moulding the national character,
and producing that unique type of physical and intellectual
beauty which we see reflected in Greek art and literature, than the
public contests of Greece (see Athlete; Athletic Sports).
For them each youth was trained in the gymnasium, they were
the central mart whither poet, artist and merchant each brought
his wares, and the common ground of union for every member of
the Hellenic race. It is to Greece, then, that we must look for the
earliest form and the fullest development of ancient games. The
shows of the Roman circus and amphitheatre were at best a
shadow, and in the later days of the empire a travesty, of the
Olympia and Pythia, and require only a cursory notice.
The earliest games of which we have any record are those at the funeral of Patroclus, which form the subject of the twenty-third Iliad. They are noteworthy as showing that Greek games were in their origin clearly connected with religion; either, as here,Greek. a part of the funeral rites, or else instituted in honour of a god, or as a thank-offering for a victory gained or a calamity averted, or in expiation of some crime. Each of the great contests was held near some shrine or sacred place and is associated with some deity or mythical hero. It was not before the 4th century that this honour was paid to a living man (see Plutarch, Lysander, 18). The games of the Iliad and those of the Odyssey at the court of Alcinous are also of interest as showing at what an early date the distinctive forms of Greek athletics—boxing, wrestling, putting the weight, the foot and the chariot race—were determined.
The Olympian games were the earliest, and to the last they remained the most celebrated of the four national festivals. Olympia was a naturally enclosed spot in the rich plain of Elis, bounded on the N. by the rocky heights of Cronion, and on the S. and W. by the Alpheus and its tributary the Cladeus. There was the grove of Altis, in which were ranged the statues of the victorious athletes, and the temple of Olympian Zeus with the chryselephantine statue of the god, the masterpiece of Pheidias. There Heracles (so ran the legend which Pindar has introduced in one of his finest odes), when he had conquered Elis and slain its king Augeas, consecrated a temenos and instituted games in honour of his victory. A later legend, which probably embodies historical fact, tells how, when Greece was torn by dissensions and ravaged by pestilence, Iphitus inquired of the oracle for help, and was bidden restore the games which had fallen into desuetude; and there was in the time of Pausanias, suspended in the temple of Hera at Olympia, a bronze disk whereon were inscribed, with the regulations of the games, the names of Iphitus and Lycurgus. From this we may safely infer that the games were a primitive observance of the Eleians and Pisans, and first acquired their celebrity from the powerful concurrence of Sparta. The sacred armistice, or cessation of all hostilities, during the month in which the games were held, is also credited to Iphitus.
In 776 B.C. the Eleians engraved the name of their countryman Coroebus as victor in the foot race, and thenceforward we have an almost unbroken list of the victors in each succeeding Olympiad or fourth recurrent year. For the next fifty years no names occur but those of Eleians or their next neighbours. After 720 B.C. we find Corinthians and Megareans, and later still Athenians and extra-Peloponnesians. Thus what at first was nothing more than a village feast became a bond of union for all the branches of the Doric race, and grew in time to be the high festival to which every Greek gathered, from the mountain fastnesses of Thessaly to the remotest colonies of Cyrene and Marseilles. It survived even the extinction of Greek liberty, and had nearly completed twelve centuries when it was abolished by the decree of the
