THE GROUND GAME ACT 



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



any lands using or carrying a gun for the purpose of 



scaring birds, or killing vermin.^ 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 



Sheriff's opinion, held that rabbits were 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 /^zV/o' of IMarch S>nd April 2, 1898. 



