198 THE RABBIT 



An application for leave to appeal (which had been 

 refused by the Divisional Court) was made in the 

 Court of Appeal before the Master of the Rolls, and 

 Lord Justices Kay and A. L. Smith (July 22, 1895), 

 and was again refused. Accordingly, the position of 

 the occupier as above explained remains unaltered. 

 In other words, as settled by the Divisional Court, 

 an occupier under the Ground Game Act, although 

 unable to divest himself of his right to kill ground 

 game in favour of his landlord, may do so for money 

 value, or rent, in favour of any other persofi, and an 

 agreement in writing to that effect would ?iot be void 

 under the third section of the Act. 



T\\Q fourth section provides that a game licence is 

 not required for killing ground game under this Act, 

 but that, in pursuance of the Gun Licence Act, 1870,^ 

 a ten-shilling 'gun licence' must be taken out by 

 every one who intends to kill ground game with fire- 

 arms — unless, of course, he is already provided with a 

 game licence. 



Under this section a variety of points arise. 

 Assuming that it applies only to ' owners ' and 

 ' occupiers ' — as is clear from the words ' nothing in 

 this Act contained shall exempt atiy person from the 

 provisions of the Gun Licence Act, 1870' — what is 

 ' 33 'S: 34 Vict. cap. 57. 



