An Agreement made and entered into this day of 19 , between A B of (hereinafter called the lessor), of the one part, and C D of (hereinafter called the tenant), of the other part
If the agreement is on behalf of a Society, it would be well to state it as C D, the Secretary of the Angling Society, on behalf of such Society.
Whereby the lessor agrees to let and the tenant agrees to take the [sole] right to angle with rod and line from the lands [of the lessor] adjoining the river , in the parish of , in the county of , and numbered on the 25-inch Ordnance Survey map for that county, for the term of , and so on from [year to year], until this agreement is terminated in manner hereinafter mentioned, at a rent of , payable in advance on the execution of these presents, and subject to the provisions hereinafter contained (that is to say).
If the exclusive right of angling is let, insert the word " sole " ; if only a right to fish with others, strike it out. If the agreement is with the tenant, say," from the lands in the occupation of the lessor," If the lands are on one side of the river only, say, u on the left or right bank," as the case may be. If it is desired to limit the angling to any particular kind, this can be done by saying, to angle " with an artificial fly," or " with a single rod and line," if it is desired to restrict the use of two rods. If the term is for less than a year, no provision as to notice will be required. If for a month, it is a calendar month, unless a lunar month is mentioned.
Unless the landlord gets the right to have the rent paid in advance, he has no security for payment.
1. To pay the sum of £ on the execution of these presents [and the further sum of £ on the first of , as long as the tenancy hereby created continues].
This will be weekly, monthly, half-yearly, or yearly, as the case may be.
2. Not to fish in the said waters in any other way than by [angling with a rod and line with an artificial fly; not to use any spinning bait, natural or artificial].
Here insert any restrictions on the mode of fishing.
3. Not to use any net, gaff, or instrument (except a landing-net), other than a rod and line, for taking fish.
This should be altered to meet the special case.
4. Not to retain any fish of a less size than inches in extreme length. And if any of a less length be caught, at once to return them to the water with the least possible injury.
If for salmon, this should be weight rather than size. For an idea of size, see Thames By-laws.
5. Not to take or retain if taken, any unclean or unseasonable fish, but at once to return it to the water with the least possible injury.
6. Not to take or attempt to take more than fish in any one day.
This is very stringent, but is necessary on some waters, especially if efforts are being made to get up a stock of fish.
7. Not to do any unnecessary damage to the fences, fields, and crops on the lands adjoining the river over which the tenant may pass, and to make good or compensate the person who may have sustained any such damage.
This may be extended to disturbing game, bringing dogs, or any other thing it is desired to prevent.
8. To quit and deliver up the fishery at the expiration of [calendar month], on notice in writing signed by the lessor or his agent, and either personally delivered to or sent by post to the tenant's last known address.
Fill in the blank with week, month, or as the case may be.
The lessor hereby agrees-
9. Not during the currency of this agreement to allow more than persons to fish in the said waters.
Unless some restriction is placed, the landlord could grant as many rights to angle as he pleased. This will not apply if the sole right is let.
10. Not to net or permit any netting to be carried on in the said waters.
It might be well to alter this, so as to keep down coarse fish.
11. Not to fish himself or allow any other person to fish with any device or mode of fishing other than is allowed to the tenant.
12. To prosecute or allow the tenant to use his name in prosecuting all persons who may be found illegally or unlawfully fishing in the said waters.
13. To efficiently protect the said waters from all illegal or unlawful fishing.
14. To have any weeds, boughs, or bushes, which interfere with the fishing, cut at the tenant's request and kept cut [at the tenant's expense].
15. To take all steps that may be necessary to secure to the tenant uninterrupted access to the said waters at all times during the continuance of this agreement.
16. Not to do or permit to be done any act or thing that shall interfere with the due exercise by the tenant of his rights to fish as granted by this agreement.
17. That the tenant paying the rent, and performing the stipulations herein on his part contained, shall quietly enjoy the right to fish as granted by this agreement during the continuance thereof, and the lessor hereby authorises the tenant on his behalf to exercise all powers and rights of seizure of tackle given to the lessor by the Larceny Law Consolidation Act, 1886, or any other statutes.
In witness, etc, The stipulations on the part of the lessor are those that would usually be required for the tenant's protection. It must be remembered that a grant of leave to angle does not impose any obligation on the grantor except to allow the tenant to angle, and the tenant must therefore protect himself. The lessor could, after granting the licence, net or let others net, or allow any number of persons to fish in any way they like. The tenant has no right to prosecute. The lessor is not bound to protect the tenant, even to get weeds and bushes cut. Hurdles or barbed wire may be placed along the banks of the river. Gravel may be carted out, or a drain made into the river. Other special clauses may be required to meet certain cases, but most of the above will be wanted in all lettings.
Two things must be borne in mind, (1) To ascertain if the lessor has the right to grant the permission to fish. If the landlord is the grantor, then unless the land is in hand, it must be seen that the fishing is reserved in the lease or agreement. If the tenant grants the permission, it must be seen that the fishing is not reserved to the landlord. (2) That the agreement must be under seal, otherwise it is useless, and gives the tenant no legal rights.