THE GROUND GAME ACT 193 



As this is a typical case we append the reply which 

 was given to the question : ' 



' From the wording of the third subsection of 

 Section i of the Act, which empowers an occupier, and 

 those authorised by him, to exercise the rights con- 

 ferred upon the moorlands and uninclosed lands 

 (not being arable land) only from the end of grouse 

 shooting (December 10) until the following March 31 

 — it seems clear that it is designed chiefly to prevent 

 the disturbance of grouse during the nesting season ; 

 and it is expressly stated that this provision is not to 

 apply to detached portions of moorlands, or uninclosed 

 lands adjoining arable lands, if they are less than 25 

 acres in extent. In the case stated by our correspon- 

 dent, the land in question is not moorland within the 

 meaning of the Act ; consequently, there can be no 

 limitation of the time within which the ground game 

 may be killed by those entitled to it, and if it were 

 uninclosed, and less than 25 acres in extent, the occu- 

 pier might kill or take the ground game there through- 

 out the year. But it is said to be inclosed, and to be 

 considerably more than 25 acres in extent, and con- 

 sequently the case does not come within the third 

 subsection at all. It is rather to be governed by the 

 second subsection immediately preceding it, which 



' The Field, November 3, 1894. 



O 



