THE GUN AT HOME AND ABROAD 
remains unaltered. In other words, as settled by the Divisional Court, 
an occupier under the Ground Game Act, although unable to divest 
himself of his right to kill ground game in favour of his landlord, may 
do so for money value, or rent, in favour of any other person^ and an 
agreement in writing to that effect would not be void under the third 
section of the Act. 
Section 4 provides that a game licence is not required for killing ground 
game under this Act, but that in pursuance of the Gun Licence Act, 1870,* a 
ten-shilling “ gun licence ” must be taken out by every one who intends to 
kill ground game with firearms — unless, of course, he is already provided 
with a game licence. It may be asked what is the position, as regards a 
licence, of a person who is neither “owner ” nor “occupier,” but who is, for 
example, an invited guest, or has permission to go over land by himself 
for the purpose of shooting rabbits only. Is he bound to take out a game 
licence (though not intending to shoot feathered game or hares) or will a 
ten -shilling gun licence suffice ? To answer this question it is necessary 
to study the principal Game Act (section 23), the Game Licences Act 
(section 4), the Gun Licence Act of 1870 and the Ground Game Act (sec- 
tion 4). From the combined result of these statutes it appears that while 
the holder of a game licence may kill any kind of game, as well as rabbits, 
woodcock, snipe, quail, and landrail, a person who intends to confine his 
attention to rabbits may shoot them if holding a ten -shilling licence only. 
But if he joins a party of “ guns ” who are shooting game he must have a 
game certificate, though intending to fire only at the rabbits. Woolrych, 
in his “ Game Laws,” cites the case of an appellant who went out to shoot 
rabbits with a gun and beagles. Game was shot by others in his company, 
and the surveyor of taxes contended that he was aiding and assisting. 
The Commissioners of Inland Revenue held him liable, and on his appeal- 
ing, the judges affirmed the decision.f A shooter in such circumstances 
has also to remember when he goes out for a little “ rough shooting ” 
that although he may not intend to fire at game, and a ten -shilling gun 
licence will suffice for rabbits, he must have a game licence if he intends 
to shoot snipe or woodcock, quail, or landrail, in accordance with the 
provisions of the Game Licences Act, 1860 (section 4). 
An important question arising on the interpretation of section 7 of 
*See Vol. I, p. 430. Both owners and occupiers may kill hares without a licence under the provisions of the 
Hares Act, 1848, and Hares (Scotland) Act, 1848, and may authorize others to do so for them— Vide ante, p. 328. 
t See Woolrych, Game Laws, p. 77 ; Assessed Taxes Appeal 2436, and Appeals 2166 and 2364, cited by the 
Surveyor of Taxes. 
334 
