HUNTING AND TRESPASSING. 361 



reversing the decision of the Court below, and overruling 

 Greathead v. Morley (t), that the right of hunting, fishing, 

 shooting and fowling over the allotment in question was 

 thereby intended to be included, and that this right must 

 be exclusive, for that was the character of the right existing 

 before the Act passed, and the object of the proviso was 

 exjDressly to preserve the former right unimpaired by the 

 consequences of the enclosure. It was also held in this 

 case, that a subsequent conciuTcnt enjoyment of sporting 

 for more than twenty years by the owners of the allot- 

 ments, claiming to do so as of right, did not deprive the 

 original Lord of his exclusive right. 



Persons in the occupation of enclosed Ground, and in Who may kill 

 certain cases o^vners, may kill (ii) Hares without a Grame Hares without 

 Certificate (x). The owner may also give authority to kill tificate^ ^^' 

 Hares, to be limited to one person at the same time in any 

 one Parish. This authority is to be sent to the Clerk of 

 the Peace for Registration, who is also to receive Notice of 

 revocation {>/). 



And now hj the Ground Game Act, 1880 (43 & 44 Yict. Ground Game 

 c. 47), every occupier of land has a right, inseparable from ■^^^' ^^^^• 

 his occupation, to kill Hares and Rabbits concurrently with 

 any other person entitled to kill the same on land in his 

 occupation (sect. 1) ; where the occupier is otherwise en- 

 titled to kill Ground Game on land in his occupation, he 

 cannot divest himself wholly of such right (sect. 2) ; and 

 all agreements in contravention of the right of the occupier 

 to destroy Game are declared void (sect. 3). The occupier 

 and the persons duly authorized by him do not require a 

 Game Licence for the purpose of killing Ground Game 

 under the Act. But they are not exempt from the Gun 

 Licence Act, 1870 (sect. 4). 



And it is "lawful for any person to pursue and kill, or Any person 

 join in the pursuit and killing of, any Hare by coursing ^^J ^^^^ 

 with Greyhounds, or by hunting with Beagles or other ^^^^' 

 Hounds, without having obtained an Annual Game Cer- 

 tificate (s). 



Where acts terminate in themselves, and once done can- Continued 

 not be done again, there can be no continued trespass, as trespass. 

 hunting and killing a Hare or five Hares. But hunting 



[t) Greathead v. Morley, 3 M. & (.r) Ibid. s. 1. 



G. 139. (//) Ibid. s. 2. 



(?/) Not to authorize the laying {z) Ibid. s. 4. 

 of poison, 11 & 12 Vict. c. 29, s. 5. 



