THE GUN AT HOME AND ABROAD 
Spring traps must not be set in front of a rabbit -hole, but within it, 
that is, under the roof of it.* Nor may they be set in a hole under a wire 
netting, for that is not a burrow.f 
The question has arisen whether this prohibition — especially as to 
spring traps— applies to owners in occupation of their own land, and it 
has been decided in the case of Smith v. Hunt, tried before Justices Mathew 
and Smith in the Queen’s Bench Division in November, 1885, that section 6 
of the Act does not apply to owners occupying their own land. This 
construction is not in accordance with the expressed intention of the 
Government, as stated by Sir William Harcourt, but the decision has 
been followed in the case of McMahon v. Hannen, which came before the 
Exchequer Division, Dublin, in May, 1888, by way of appeal on a case 
stated by the justices of the co. Clare sitting at Dunas. The Lord Chief 
Baron and Mr Justice Andrews were of opinion that the section did not 
apply to owners in occupation. Baron Dowse dissented. 
On the other hand, in the Scottish Court of Session, four out of five 
judges were of opinion that the restrictions in section 6 apply to every one 
whether landlords in occupation, shooting tenants, or anyone who has the 
right of killing ground game.J 
And that this was the original intention of the legislature may be 
gleaned from the report of the debates which took place when the Bill 
was in Committee. 
In Anderson v. Vicary, 1900 (2 Q.B., 287), it was decided that an owner 
in occupation who has let the sporting rights over his land retains the 
concurrent right given by the Ground Game Act to kill and take ground 
game. This is not unreasonable; for an owner farming his own land, while 
letting the shooting, requires no less protection for his crops from damage 
by ground game than does a tenant farmer. 
Section 7 empowers a shooting tenant to institute legal proceedings 
against offenders with as much authority as if he were exclusive owner; 
without prejudice to the right of the occupier. 
Section 8 defines the words “ ground game ” to mean hares and 
rabbits. 
Section 9 provides that a person acting in conformity with this statute 
shall not thereby be subject to any proceedings or penalties in pursuance 
of any other statute. For example, if under this Act he were to take out a 
* Brown v. Thomson, 1882, 9 R., 1183. ^Fraser v. Lawson, 1882, 10 R., 396. 
X Fraser v. Lawson, 1882, 10 Court of Session Cases, 396. 
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