I90 THE RABBIT 



This authority when given must be produced by 

 the holder at any time when demanded by any person 

 authorised to require its production. 



A commoner is not an ' occupier ' within the 

 meaning of the Act; in other words, the right of 

 common does not give or include any right to kill or 

 take ground game.' Subsection 2 runs : 



' A person shall not be deemed to be an occupier 

 of land for the purposes of this Act by reason of his 

 having a right of common over such lands ; or by 

 reason of an occupation for the purpose of grazing 

 or pasturage of sheep, cattle, or horses for not more 

 than nine months.' 



A commoner may maintain an action against the 

 lord of a manor for surcharging it with coneys, but 

 he has no right to kill them or to fill up the burrows.'^ 



In view of the latter half of this subsection, 

 owner in occupation who wishes to keep the shooting 

 in his own hands, but is willing to let the grass lands 

 for grazing purposes, should take care to stipulate in 

 a written agreement that the letting is for a term not 

 exceeding nine months. Otherwise the grazier might 

 claim a concurrent right to the ground game as 

 an ' occupier,' and would be justified in so doing, 



' See Watkin v. Major, L.R. 10 C.P. 662 

 2 Cooper V. Marshall, i Burr, 259. 



