192 THE RABBIT 



for a period of 7nore than nine months, but has a right 

 to kill the ground game only from December ii 

 until March 31, can claim compensation for damage 

 done by rabbits during the remainder of the year, is 

 a question which, so far as we are aware, has not been 

 decided in a court of law, but we are inclined to think 

 that such a claim would be well founded. 



A correspondent of The Field some time since put 

 the following case under this section : 



' How would large tracts of downland with much 

 gorse, in some instances more than 100 acres in extent, 

 be considered ? Would they come under sect, i, sub- 

 sect. 3 of the Ground Game Act, and be considered 

 for shooting purposes as " moorlands " ? 



' They can scarcely be considered, " uninclosed " 

 here, for they are generally surrounded by fences. They 

 are essentially grazing lands, being fed by sheep, the 

 fences being required to keep them in. They are never 

 ploughed, and, in some instances, are of very large 

 extent. 



' It would seem to the ordinary mind that the farmer, 

 as " occupier," should not shoot such tracts of land, or 

 snare, trap, or in any way kill or take ground game 

 before December 11 on such downland. Here, how- 

 ever, the farmer invariably shoots the downland as early 

 as he pleases. Is this within his right ? ' 



