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In the event of a lessee in occupation of land under a lease made subsequently to the commencement of this Act being of opinion, that -the damage done to his crops by rabbits or hares or, other game to which the lessor may have reserved or retained the sole right, in any one year during the lease, such year being reckoned from Whitsunday to Whitsunday, has exceeded the sum named in the lease, or, if no sum is therein named, the sum of forty shillings, he shall intimate this opinion to the lessor in writing, stating at the same time that it is his intention, failing agreement as to the amount of such excess of damage, or a reference to arbiters to settle the same, to take steps to recover the amount of such excess of damage in the form and manner herein-after provided.
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