THE GROUND GAME ACT 201 



and amongst others ' the occupier (or his nominee) of 

 any lands using or carrying a gun for the purpose of 

 scaring birds, or killing vermifi.^ A Scottish farmer 

 who, from an agriculturist's point of view, regarded 

 rabbits as vermin, resisted payment of the gun licence 

 on the ground that he came within this exemption. 

 He was summoned before the Sheriff at Cupar, who, 

 after hearing the case argued, decided that rabbits 

 were not ' vermin.' From this decision the farmer 

 appealed, and in February, 1898, Lord Stormonth- 

 Darling, considering himself bound by precedent 

 (Gosling V. Brown, 1878, 5 R. 755), though against 

 his better judgment, reversed the Sheriff's finding, 

 and decided that rabbits were vermin, and that the 

 farmer was accordingly exempt from taxation. This 

 verdict was once more challenged, and the full Court 

 of Appeal in Edinburgh, a month later, reversed Lord 

 Stormonth-Darling's decision, and, supporting the 

 Sheriffs opinion, held that rabbits w^ere not vermin.^ 

 It is now therefore conclusively settled that rabbits 

 are not ' vermin ' within the meaning of the Gun 

 Licence Act, 1870, and that a ten-shilling licence is 

 required for shooting them. 



It may be here observed that the term ' gun ' 

 includes a firearm of any description, and an air-gun, 

 ' See The /^?V^/ of March 5 and April 2, 1898. 



