i6o THE RABBIT 



on one day only, but an information against several 

 persons for a joint offence will hold good. In any 

 case the prosecution must be originated within 

 three calendar months after the commission of the 

 offence. 



If an offender, after being served with a summons, 

 does not appear, the keeper (or other informant) may 

 either apply for a warrant or proceed in his absence. 



We need not here concern ourselves with the 

 defence likely to be set up by a rabbit poacher, for 

 that is a matter to be determined by the justices at the 

 hearing of the summons ; unless a bona-fide claim of 

 right is pleaded, in which case the magistrates' jurisdic- 

 tion would be ousted, and the dispute would have to 

 be settled in a superior court. But cases may arise in 

 which, for want of proper instruction, a keeper may 

 be induced to let an offender escape. For example, 

 it is settled law that a right of common carries with it 

 no right to kill the ground game on a common which 

 belongs to the lord of the manor.' If, therefore, a 

 gamekeeper of the latter sees a person shooting 

 rabbits on a common, and on remonstrating with 

 him is informed that he is a commoner and merely 

 exercising his privilege, he should reply civilly that he 



» Watkinsv. Major, 44 L.J. M.C. 164 and L.R. 10 C.P. 

 662. 



