Oe ee —~ | Af nourn [arresen Of Here fantom New York State College of Agriculture At Cornell University Ithaca, N.Y. Library Cornell University Library QL 795.R1h3 AUT A Cornell University Library The original of this book is in the Cornell University Library. There are no known copyright restrictions in the United States on the use of the text. http://www. archive.org/details/cu31924002901951 Fur, Fraruer, & Fin Serizs edited by ALFRED E. T. WATSON THe BABBIT. FUR, FEATHER, AND FIN SERIES. EDITED By A. E. T. WATSON. %% The Volumes are also issued half-bound in leather, with gilt top. The price can be had from all Booksellers. THE PARTRIDGE. WATURAL A/ISTORY—By the Rev. H. A. MacpHErson.——SHOOT/NG—By A. J. STUART- WortLey.— COOKERY —By Grorce Saintssury. With rz Illustrations and various Diagrams. Crown 8vo. 5s. THE GROUSE. NATURAL HISTORY—By the Rev. H. A. Macpuerson.-—SHOOTING --By A. J. Stuart- WortLey.—COOKERY—By Georce SainTspury. With 13 Illustrations and various Diagrams. Crown 8vo. 5s. THE PHEASANT. WATURAL HISTORY—By the Rev. H. A. MacpHERson.—SHOO TI NG—By A. J. STUART- WortLey.—COOKERY—By ALExaNDER INNES SHAND. With 10 Illustrations and various Diagrams. Crown 8vo. 5s. THE HARE. WATURAL HISTORY—By the Rev. H,. A. MacrHerson. SHOOTING—By the Hon. GERALD LascELLes. —COURSING—By CHARLES RICHARDSON. — HUNTING—By J. S. Gispons and G. H. Loneman. COOKER Y—By Col. Kenney HERBERT. With 9 IIlus- trations. Crown Bvo. 55. RED DEER. WATURAL HISTORY.—By the Rev. H. A. MacpHerson.—DEER-STAL KI NG—By CAMERON oF LocHiEL.—STAG-HUNTING—By Viscount Eprinc- TON. COOKERY —By ALExanvDEerR Innes SHAND. With 1o Illustrations. Crown 8vo. ss. THE SALMON. By the Hon. A. E. Garuorne-Harpy. With Chapters on the LH/i OF SALMON-FISHING by Craup DouGcias Pennant; and COOKER? by ALEx- ANDER INNES SHAND. With 8 Illustrations. Crown 8vo. 5s. THE TROUT. By the Marquess or Graney. With Chapters on BREEDING by Col. F. H. Custance; and COOKERY by ALEXANDER Innes SHanv. With r2 Illustra- tions. Crown 8vo. 5s. THE RABBIT. By James EpMuNpD HartTinc. With a Chapter on COOKERY by ALEXANDER INNES SHAND. With ro !lustrations. Crown 8vo. 5s. WILDFOWL. By the Hon. Joun ScoTt-Monracu, &c. With Illustrations. (ln preparation. LONGMANS, GREEN & CO., 39 Paternoster Row, London New York and Bombay. HERE’S ONE SITTING’ THE RABBIT BY JAMES EDMUND HARTING WITH A CHAPTER ON COOKERY BY ALEXANDER INNES SHAND ILLUSTRATIONS BY ARCHIBALD THORBURN, G. E. LODGE S. ALKEN AND CHARLES WHYMPER LONGMANS, GREEN, AND CO. 39 PATERNOSTER ROW, LONDON NEW YORK AND BOMBAY 1898 All rights reserved PREFACE THE design of the Fur, Feather, and Fin Series is Tbid. February 4 and 11, 1893. 150 THE RABBIT CHAPTER VI POACHING In the last chapter we described the legitimate employment of traps, snares, and nets for the pur- pose of killing or taking rabbits. It is the illegitimate use of these (¢/er aia) that constitutes poaching. It was correctly observed by the late Richard Jefferies that there are three kinds of poachers: the local men; the raiders coming in gangs from a dis- tance; and the ‘mouchers’—fellows who do not make precisely a profession of it, but who occasionally loiter along the roads and hedges, picking up what- ever they can lay hands on. Of the three, perhaps, the largest amount of business is done by the local men, who are often sober and apparently industrious individuals working during the day at some handi- craft in the village. Their great object is to avoid suspicion, knowing that success will be proportionate to their skill in cloaking their operations; for in a small community when a man is suspected, it is POACHING 151 comparatively easy to watch him, and a poacher knows that, if he is watched, he must sooner or later be caught. Secrecy is not so very difficult ; for it is only with certain classes that he need practise con- cealment ; his own class will hold their peace. Perhaps the most promising position for a man who makes a science of it, says the observant writer just quoted, is a village at the end of a range of downs, generally fringed with large woods on the lower slopes. He has then ground to work alternately, according to the character of the weather and the changes of the moon, If the weather be wet, windy, or dark from the absence of the moon, then the wide open hills are safe; while, on the other hand, the woods are practically inaccessible, for a man must have the eyes of a cat to see to do his work in the impenetrable blackness of the plantations. So that upon a bright night the judicious poacher prefers the woods, because he can see his way, and avoids the hills, because, having no fences to speak of, a watcher may detect him a mile off. Meadows with high banks and thick hedges may be worked almost at any time, for one side of the hedge is sure to cast a shadow, and instant cover is afforded by the bushes and ditches. Such meadows are the happy hunting-grounds of the local poacher 152 THE RABBIT for that reason, especially if not far distant from woods and consequently overrun with rabbits. Rabbits are not easily dislodged in rain, for they avoid getting wet as much as possible ; they bolt best when it is dry and still. Nor will a poacher who means ferreting choose a windy night (though it is otherwise when he is after pheasants), for he has to depend a great deal on his sense of hearing to know when a rabbit is moving in the ‘bury,’ and where it is likely to bolt, so as to lay hold of it the moment it is in the net. Poachers who use ferrets prefer white ones for night work, as they are more easily seen, and are not so likely to be picked up by a dog in mistake for a rabbit, although poachers’ dogs as a rule are generally too well trained to make such mistakes. Keepers are only too glad to get hold of poachers’ ferrets when they can, for they are almost certain to be good ones. The favourite implement, however, with rabbit poachers is, no doubt, the wire snare. This is easily carried about in the pocket, to be set as occasion or opportunity may arise, and is easily removed.! It is otherwise with nets, which usually require the ‘ Several instances have been reported in which two rabbits have been caught in one snare, either by the legs, or one by the leg the other by the neck. See Zhe Field, April 2 and 7, 1892, and January 30, 1897. POACHING 153 attention of more than one person, thus increasing the chance of detection. The keeper, who in the course of his rounds may happen to detect a number of ‘wires,’ has two courses open to him. He may either pull up the pegs and take the snares bodily away (unless, of course, they have been set by an ‘ occupier’ on land in his occupation, when the keeper has no right to remove them !), or he may watch the place to discover who comes to lookat them. In the latter case he should give the culprit time, and if possible catch him in the act of taking a rabbit out of a snare. The plan of putting a dead rabbit in a wire and allowing the poacher to find it is not to be recommended, for in the event of a prosecution this would afford a loophole for escape, since the keeper, if cross-examined for the defence, would have to admit that he himself placed the rabbit where it was found. It is much better to allow the culprit to walk away with any rabbit he may have seen him kill, and then to question him. In the case of ‘long-netting’ it is better to counter- act the setting by ‘bushing’ the field, or driving the rabbits into cover at night (about ro P.M. and again about 14.M.) with a good dog, than to take pro- ceedings against the offenders after the rabbits have been killed and removed. ' See Hobbs vw. Symons, 7he Field, March 31, 1888. 154 THE RABBIT Some keepers advocate turning out a few white rabbits, which are more readily seen at night than the others, and by keeping a watch on them observe whether they disappear. This will show whether there is any poaching going on or not; though a wily poacher who knows his business will, of course, take care to let any white ones go that he may happen to capture. The most effectual way, however, to prevent ‘long-netting’ is to bush the fields around the coverts, not with fixed bushes or stakes, but with loose thorns, or short pieces of bramble or furze strewn loosely about in the field. These will be dragged by the net and cause it to become so hampered and entangled as to be useless. A gamekeeper, writing in Zhe Meld of August 4, 1894, recommended the scattering of small pieces of wire netting,’ but although this might defeat the poachers, it would hardly suit farmers who have sheep or other stock to turn on the land. When coverts are surrounded by stone walls, it is usual to leave openings called * meuses’ here and there for the hares and rabbits to go in andout. A poacher who intends to use a ‘purse-net’ will previously block up all the ‘meuses’ except those in which he intends to hang his nets, and, to enable him to distinguish at ‘ This was also recommended by another correspondent, The Field, January 25, 1896. POACHING 155 night those which are blocked from those which are open, will place on the wall immediately above the open ones a loose stone, a stick, or a piece of turf to mark them. A keeper on going his rounds, therefore, should be on the look out for such objects, and when found should carefully shift them over the closed holes, and so defeat the object in view. To counteract the use of ‘ gate-nets,’ it is not a bad plan for a keeper to use some himself for a few nights, and after catching several hares liberate them immediately. This will cause the hares to fight shy of gates, and quit the fields in some other way. Another effective plan is to paint the lower bars of the gates white, and the hares will then avoid them. The raiders who come in gangs armed with guns and shoot the best coverts, generally selecting pheasants at roost, are usually colliers, miners, or the scum of manufacturing towns, led by some ruffian who has a knowledge of the ground. These gangs display no skill, but rely on their numbers, arms, and known desperation of character to save them from arrest, as unfortunately it very often does. The ‘mouchers’ who sneak about the roads and hedgerows with dogs on Sundays, and snap up a rabbit or a hare, do not do so much damage except in the neighbourhood of large towns, where they are more 156 THE RABBIT numerous. Shepherds, too, sometimes require looking after, for they often have dogs which, though supposed to be used only for sheep, are extremely clever in helping their owners to get: hold of a hare or rabbit. Even a ploughman will leave his horses to set a wire in a gateway or gap where he has noticed the track of a hare ; but this is generally for his own eating, and is not of much consequence in comparison with the work of the real local professional. These regular hands form a class, now more numerous than ever; for the price obtainable for game from local dealers causes many a man to turn poacher in a small way who would otherwise lead a respectable and honest life. Moreover, the spread of railways into the most out- lying districts enables poachers, or their aiders and abettors, to get hampers of game speedily out of reach of the local policeman. The people who require most looking after, how- ever, are the small higglers, or ‘ general dealers’ as they call themselves, who go round the countryside with a cart, and, under pretence of selling fish, or buying and selling poultry, are frequently in league with poachers, especially during the egging season, when they become possessed of large quantities of pheasants’ and partridges’ eggs. As an instance of the mischief which may be done by these gentry, it may AN OLD HAND POACHING 157 be noted that on May 26, 1898, one Charles Gooch, a marine-store dealer, was prosecuted by the Field Sports Protection Association, at the Saxmundham Petty Sessions, where, being convicted of being in un- lawful possession of 655 partridges’ eggs, he was fined one shilling per egg, or 32/. 15s. and costs, or in default two months’ imprisonment with hard labour. It would be well if this example were followed more frequently by justices at petty sessions in other parts of the country, and much might be done to prevent poach- ing if County Councillors and Boards of Guardians would follow the lead of those at Wimborne who, on July 30, 1898, refused to grant to a general dealer a licence to deal in game.! The power to grant such licences has been trans- ferred from the Justices to the Guardians, and the Act conferring such power (1 & 2 Will. IV. cap. 32) expressly provides (Sect. 18) that ‘a licence to deal in game cannot be granted to an innkeeper or licensed victualler, or person licensed to sell beer by retail, or to the owner, guard, or driver of any mail coach or conveyance used for carrying the mails, or of any stage coach, waggon, van, or other public convey- ance, or to a carrier or higgler, or to a person in the employment of any of the above.’ ' For report of this case see The Field, August 6, 1898, p. 267. 158 THE RABBIT To judge by the local press reports of the poach- ing cases which come before the magistrates at petty sessions, it would seem that the majority of convictions are for poaching rabbits, the proceedings being taken under the principal Game Act, 1831 (1 & 2 Will. IV. cap. 32), the Night Poachers’ Act, 1828 (9 Geo. IV. cap. 69) modified by the Night Poaching Act, 1844 (7 & 8 Vict. cap. 29), the Larceny Act, 1861 (24 & 25 Vict. cap. 96), or the Poaching Prevention Act, 1862 (25 & 26 Vict. cap. 114). As a good deal of ignorance prevails on the subject of the law relating to rabbits, not only amongst game- keepers, who can hardly be supposed to know very much about it, but also amongst their employers, who might be expected to be better informed, it may not be out of place in a volume pertaining exclusively to ‘The Rabbit’ to devote a few pages to the consideration of cases which continually arise, and to the law which governs them. A little plain law on the subject may be acceptable both to masters and servants, and we shall endeavour so to expound it as to free it as much as possible from technicalities, confining attention chiefly to the duties of gamekeepers (in respect of rabbits) as regulated by Acts of Parliament. Perhaps the simplest mode of dealing with the subject will be to look into the provisions of the POACHING 159 above-mentioned statutes, and see how they affect the questions which are likely to arise where rabbits are concerned. With regard to trespass dy day in pursuit of game or rabbits (coneys they are styled in the Statute) Sec- tion 30 of the principal Game Act (1 & 2 Will. IV. cap. 32) expressly states that if any person shall com- mit a trespass by entering in the day-time! upon any land in search or pursuit of game or coneys, he shall be liable on conviction to a penalty not exceed- ing 22. and costs, or, in default, to imprisonment with hard labour for a term not exceeding two months. And if the offence be committed by a party of five or more persons, the penalty on conviction may be 54. and costs, or, in default, imprisonment with hard labour as before. In such case anyone may lay an information, and one justice may receive it. It need not be in writing, though it usually is, and it need not be on oath, unless a warrant for the apprehension of an offender be applied for by the informant, and then the informa- tion must be asworn one. It must be for one offence 1 Section 34 of this Act states that day-¢zme shall be deemed to commence at the beginning of the last hour before sunrise, and to conclude at the expiration of the first hour after sunset. Night will therefore mean the remaining portion of the twenty-four hours. 160 THE RABBIT on one day only, but an information against several persons for a joint offence will hold good. In any case the prosecution must be originated within three calendar months after the commission of the offence. If an offender, after being served with a summons, does not appear, the keeper (or other informant) may either apply for a warrant or proceed in his absence. We need not here concern ourselves with the defence likely to be set up by a rabbit poacher, for that is a matter to be determined by the justices at the hearing of the summons ; unless a dona-fide claim of right is pleaded, in which case the magistrates’ jurisdic- tion would be ousted, and the dispute would have to be settled in a superior court. But cases may arise in which, for want of proper instruction, a keeper may be induced to let an offender escape. For example, it is settled law that a right of common carries with it no right to kill the ground game on a common which belongs to the lord of the manor.! If, therefore, a gamekeeper of the latter sees a person shooting rabbits on a common, and on remonstrating with him is informed that he is a commoner and merely exercising his privilege, he should reply civilly that he 1 Watkins v. Major, 44 1..J. M.C. 164 and L.R. to C.P. 662. POACHING 161 is mistaken ; that commoners have no right to kill rabbits ; that he must desist ; and that if he continues to shoot, he will be summoned. The owner of a free warren, also, may prosecute tenants of land within the limits of the free warren if they kill rabbits, or give permission to others to do so; and he should instruct his keeper to let it be known that he claims the rabbits on the land of such persons under a grant of free warren (see p. 55). It has been decided also in several reported cases that a dog found hunting rabbits in a warren may be killed by the keeper or warrener ; and the owner of a franchise of a park may kill a dog chasing game in the park." In other cases, a keeper would do well to abstain from shooting a trespassing dog, or he may find him- self made liable in damages to the owner.? His proper course is to give the owner of the dog notice in writing to restrain him from trespassing, and to intimate that, unless he does so, traps will be set. Should any doubt arise in the mind of a game- keeper as to the ownership of a hedge in which he may find snares set for rabbits or hares, he may note 1 Vere v. Lord Cawdor, 11 East, 568; Protheroe v. Matthews, 5 C. and P. 581. 2 See the report of a case at Cardiff in which a gamekeeper was ordered to pay 12/ for shooting a dog while in pursuit of a rabbit.— 7he Field, February 27, 1897. M 162 THE RABBIT that a hedge is always presumed to belong to the person in whose field the ditch is zo¢; the reason being that the person who makes a hedge bank by cutting a ditch must throw up the soil on his own land, and not on his neighbour’s; he thus becomes the owner of the hedge. If there are two ditches, one on each side of a hedge, the ownership of the hedge will depend on the past exercise of rights over it, or the liability to repair it. It often happens that a poacher, with a view to avoid a charge of trespass, confines his operations to one side or the other of a high road, along which he may pretend to be walking quietly if disturbed. It is well to remember, therefore, that a highway (sub- ject to the right of the public to use it for all usual and lawful purposes) is deemed to be land in the possession of adjoining owners and occupiers, and therefore a poacher under such circumstances may be treated as if he were a trespasser on the adjoining land. Moreover, if he is using a gun for shooting through the hedge, he may not only be prosecuted for trespass in pursuit of game, but may be summoned under Section 72 of the Highway Act (5 & 6 Will. IV. cap. 50) for discharging a gun within fifty feet from the centre of the highway. By shooting from a high road a trespass is committed as if the shooter had POACHING 163 entered the adjacent field. This was decided by the Court of Queen’s Bench in the case of Regina z. Pratt, 24 L. J. (N.S.) 113. If the facts warrant it, he may also be prosecuted for shooting game without a licence. It is a question for the justices to determine whether a defendant is ‘in pursuit of game’ or not. In a case tried at Cheltenham in January, 1892, in which two persons were summoned for trespass in pursuit of game, it was contended on their behalf that, although they had a dog and gun, there was no evidence of their being ‘in pursuit of game.’ The magistrates, however, considered that their intention was sufficiently evident, and fined them ten shillings each and costs. If the owner of a hedge which he proposes to ferret, steps over into his neighbour’s field for the purpose of shooting any rabbits that may be put out to him, he is clearly a trespasser, for it is only by permission that a person can stand on his neighbour’s land for the purpose of killing game started on his own property. Should it happen that a person convicted of trespassing in pursuit of game, or rabbits, under Section 30 of the Act 1 & 2 Will. IV. cap. 32, is the holder of a gun or game licence, that licence will M2 164 THE RABBIT become forfeited, and if he intends to shoot again, he will have to take out a fresh licence under penalties prescribed in the Game Licence Act, 1860, and the Gun Licence Act, 1870. A gamekeeper, therefore, who has obtained a conviction will do well to bear this fact in mind. Disputes often arise as to who has or who has not the right to kill rabbits, and as the law which formerly held good has been materially altered by the Ground Game Act, passed in 1880, the consideration of this part of the subject may be reserved for another chapter, in which we propose to deal exclusively with the provisions of that particular statute. Since that Act, however, does not affect the rights of owners and occupiers under leases executed before the passing of the Act, it may be well to note here that rabbits do not come within the definition of ‘game’ laid down in the principal Game Act, and therefore, where ‘game’ only is reserved to a landlord wider a lease dated prior to 1880, the tenant may kill the rabbits or authorise his servants to kill them for him,! but zo¢ strangers ; for the game being reserved, the permission of the tenant is no defence to strangers prosecuted 1 Spicer v. Barnard, 28 L.J. M.C. 176; and Padwick v. King, 29 L.J. M.C. 42. It is otherwise in the case of tenancies created since the passing of the Ground Game Act, as will be explained in the next chapter. POACHING 165 by the landlord for trespassing in pursuit of it, or of woodcocks, snipes, quails, landrails, or rabbits.! Two very important points remain to be considered, the right to arrest, and the right to search. As pro- bably more mistakes are made by keepers in these matters than in any others with which they have to deal, it will be well to state clearly how the law stands. Any person may order an ordinary trespasser to quit his land, and may remove him if he refuses to do so, but he has no power at common law to sum- marily arrest him. If, however, the offender be trespassing in search of game, Section 31 of the principal Game Act authorises any person having the right of killing the game, or the occupier of the land, or the gamekeeper or servant of either of them, to arrest him under certain specified circumstances ; namely, if he refuses to tell his real name or place of abode, or gives a false name and address (to the keeper’s knowledge), or wilfully continues on the land or returns to it, he may be apprehended and taken as soon as possible before a Justice of the Peace,? 1 Pryce v. Davies, 35 J.P. 374; and Morden wv. Porter, 29 L.J. M.C. 213. ? The section requires that he must not be detained more than twelve hours, and if, for any sufficient reason, he cannot be brought before « Justice of the Peace within that time, he 166 THE RABBIT and on being convicted of any such offence, is lable to a penalty not exceeding 52. and costs, or in default, two months’ imprisonment with hard labour. If any of the parties authorised as above can see game in possession of the trespasser, they may de- mand it, and if refused, may scize it, but they may not search a person on suspicion, nor can they scize his gun. The only person empowered to search is a constable under circumstances mentioned in the Poaching Prevention Act, 1862, to be presently referred to. Under the Night Poachers’ Act, 1828 (9 Geo. IV. cap. 69) modified by the Night Poaching Act, 1844 (7 & 8 Vict. cap. 29) any one taking or killing game or rabbits a¢ zigh/,! either on open or enclosed land, or upon any highway or the sides thereof, or entering such places for the purpose, is lable on conviction to three months’ imprisonment with hard labour for a first offence, six months’ for a second offence, and a still longer term for any subsequent offence. Such person also may be apprehended, must be discharged, and proceeded against by summons or warrant, as if no such apprehension had taken place. ) Night is deemed to commence at the expiration of the first hour after sunset and to conclude at the beginning of the last hour before sunrise. See p. 159, note. ? Tt is important to bear in mind that before he can be con- victed he must have actually killed or taken a rabbit. It is POACHING 167 and delivered over to a constable, to be brought before two Justices of the Peace to be dealt with as the Act provides. If such person offers violent resistance, and assaults those authorised to apprehend him, he is guilty of a misdemeanour, and is liable on conviction to transportation for seven years, or to imprisonment with hard labour for two years. The Larceny Act, 1861 (Section 17) makes it an offence to kill hares and rabbits a¢ night ‘in a warren’ (see p. 57), an extension, as it were, of the Night Poaching Acts which relate to taking or killing game or rabbits ‘in open or enclosed lands.’ Whether the land in question is ‘a warren,’ or not, may be a question for the determination of the justices.! If it be quite certain that the offence was committed ‘in a warren,’ the offender may be prosecuted under the Larceny Act, otherwise under the Night Poaching Acts. One must, of course, bear in mind the dis- tinction between an ordinary warren and the right of free warren, as explained in a former chapter (see p. 52). not sufficient for him to be merely on the land in search of rabbits. The keeper therefore, if he sees a trespasser at night whom he has reason to suspect, should give him time before making his appearance. The reason for this anomaly, which arises on a question of construction of the Act, is fully explained in an article on ‘Rabbit Poaching by Night,’ in 7he Field of February 15, 1890. 1 Bevan v. Hopkinson, 34 L.T. 142. See p. 58, note. 168 THE RABBIT Poachers will sometimes capture in ae night with the long net more rabbits than they can carry away. They will accordingly be compelled to hide them, and remove them subsequently as best they may. If they escape detection when capturing them, but: are caught while removing them, the rabbits being then dead, it becomes a question whether the offence is one of larceny or not. The point was decided in the case of Regina v. Lewis Townley, reported in Zhe field of April 29, 1871. A poacher, who had assisted in taking 126 rabbits which were concealed with 400 yards of netting, was subsequently caught removing them, and was prosecuted and convicted of larceny for stealing them. But on appeal, the Court for the Consideration of Crown Cases Reserved quashed the conviction on the ground that the act of killing and removing was continuous, and that that which was not larceny in its inception could not be so in its natural fulfilment of the original intention. On the other hand, if the offender had been charged with poaching and convicted, the conviction would probably have been affirmed. This is shown by the case of Horn v. Raine.’ In this case, the poacher Raine, standing in his own allotment, fired over the wall at a grouse that was sitting on Lord Westbury’s ' Law Times, July 16, 1898. POACHING 169 land adjoining, and killed it. He did not at once seek to remove it, and Horn (Lord Westbury’s game- keeper), who was attracted by the shot, found the dead bird and removed it without being seen by Raine. Some hours later Raine returned, and climbed over the wall and began looking for the dead bird. He was charged with trespassing on the land in pursuit of game. The magistrates dismissed the charge on the ground that the distance of time between the act of killing and the act of taking prevented them from treating the two as one continuous act. A Divisional Court, however, on a case stated, remitted the case to the magistrates with directions to convict on the ground that on the facts stated the killing and taking constituted one continuous act. We come now to the Poaching Prevention Act, 1862 (25 & 26 Vict. cap. 114), the provisions of which apply to rabbits as well as to game. It is an extremely important Act, because it empowers police constables in certain cases to search suspected persons without a warrant, a proceeding which, as we have seen (p. 165), is not in the power of any owner, occupier, gamekeeper or other person acting under his or their directions. Section 2 of this Act enables a constable to search, in any highway, street, or public place, any person 170 THE RABBIT suspected of coming from land where he has been un- lawfully in pursuit of game, and to take from him any game, eggs of game, or rabdits that may be found in his possession, or any gun, part of gun, or nets, or engines used for killing or taking.game. It also enables a constable to stop and search any cart, or conveyance, in which he suspects any of these things to be concealed, and, if found, to seize and detain them. In sucha case, the constable must apply to a magistrate for a summons citing the offender to appear before two justices at petty sessions, if in England or Ireland, or before a sheriff or any two justices if in Scotland, to be dealt with as the Act provides. This statute, in the words of Mr. Justice Byles,! ‘not only creates a new criminal jurisdiction, but changes the burden of proof in a criminal case, and therefore we must give it a strict construction. Nowit appears that there are four requisites: fs¢, that the suspected person should be found on the highway, Kc. ; secondly, that there should be good ground of suspicion that he has come from land where he has been un- lawfully pursuing game, and that he has in his pos- session game unlawfully obtained, or certain other specified articles ; ¢Aixdly, that he should have in his ' Clarke 7. Crowder and others, L.R. 4 C.P. 638. POACHING 171 possession on the highway such game, &c. ; fourthly, that game, &c. should there be found on him, ze. seen, or heard, or felt on him, so as to constitute a finding by the senses of a witness.’ As pointed out by Mr. Warry, one of the latest writers on the game laws,! this is the only statute which directly invokes the aid of the police for the protection of game. A constable is authorised under Sections 9, to of the Gun Licence Act, 1870, to demand the production of gun licences, and may be asked to assist keepers to effect an arrest under the Game Act, 1831 (Section 31), or the Night Poaching Act, 1828 (Section 2), but the public have generally viewed with disfavour the employment of constables to assist in the preservation of game. In consequence, however, of frequent breaches of the peace and murderous assaults arising from the necessity of arresting poachers, this statute was passed to assist keepers in this respect, that (whether from informa- tion received from them or otherwise) a constable on duty might be enabled to stop and search persons on their return from what he might suspect to be a poaching expedition, and if game was found on them, to lay the same onus on such persons of accounting 1 The Game Laws of England, with an Appendix of the Statutes relating to Game. London, Stevens & Sons, 1896. 172 THE RABBIT for the possession of it, as the law lays upon the possession of stolen property. It is not to be expected, nor would it be possible in the limited space here at disposal, that we should enter into more minute details of the law concerning rabbits, or consider its application in every case that might be likely to arise. All that we have attempted to do in these pages is to give a few broad outlines for the guidance of those masters and servants who, having rabbits to care for and protect from poachers, may desire to know briefly what are their legal rights and remedies. It remains to consider the provisions of the Ground Game Act, which is of such importance to owners, occupiers, and shooting tenants as to require separate treatment in another chapter. 173 CHAPTER VII THE GROUND GAME ACT Ir may be said without much fear of contradiction . that no Act of Parliament in modern times has caused more misunderstanding, ill-feeling and general dis- satisfaction than the Ground Game Act of 1880. It has pleased nobody, except perhaps the promoters of it. Naturally it has not pleased the landlord, for, regardless of the legal maxim cujus est solum ejus est usgue ad celum, it has deprived him of the liberty of contract, and the right of doing what he pleases with his own. It has decreed that from the date of the passing of the Act his interest in hares and rabbits shall be shared with his tenants, who are to have as much right to kill or take them as he has himself. If he does not shoot, or preserve game for his friends to shoot, this might not at first sight appear to be of much consequence; but if he lets his shooting it makes all the difference in the world—a difference, that is to say, in the value of the shooting, or the 174 THE RABBIT amount of rent which he is able to secure for it. For no shooting tenant now-a-days will give as much rent as he would be willing to pay if the landlord could let him the exclusive right to kill hares and rabbits, which under the new régime he is unable to do, unless he happens to be an owner in occupation of his own land. Shooting tenants with some reason complain that things are very much altered for the worse. They find that the tenants, or ‘occupiers’ as they are termed in the Act, under cover of exercising their privileges and keeping down the ground game, are perpetually disturbing the ground at all seasons of the year. Whether the partridges or pheasants are sitting or have led off their broods makes no difference to them. They are trapping, wiring, or shooting all the year round, and the evidence adduced on the hearing of summonses for trespass in pursuit of game shows only too plainly that they are not always careful to con- fine their attention to fur, but kill winged game when they think they can do so without risk of detection. The result of this constant disturbance of the ground, especially during the egging season, is only too apparent when the first of September comes round. The frequent ferreting of the hedgerows causes many a partridge to desert the eggs, and those which contrive THE GROUND GAME ACT 175 to hatch off often become so wild as to be almost unapproachable. Hares there are none, or so few in comparison to what there were, that the shooting tenant is woefully disappointed. Nor can rabbits be found in anything like their accustomed number. On many farms, excepting those which adjoin large coverts not included in the letting to the tenant farmer, rabbits are almost cleared off; and every shooting man knows how coneys tell up in the bag at the end of a day’s shooting. It is not the loss of their intrinsic value that is deplored, but the loss of sport which is implied by their absence. Nor are the tenant farmers much better pleased than the landlords with the result of the new legislation, although the Act was passed ostensibly in their in- terest—‘ to protect their crops from injury and loss by ground game.’ Formerly if a standing crop was damaged by the depredations of hares and rabbits, the farmer made a claim against the landlord, a valuer was appointed to look into the matter, and an amount of compensation was agreed upon which was generally deducted from the rent. In some cases a landlord who had paid, or allowed, compensation for some years on this score would perhaps lose patience, and in order to relieve himself for the future of this annual claim, would consent to reduce the rent at 176 THE RABBIT once by an agreed amount for the remainder of the term, on condition that he should hear no more of compensation for damage done by ground game. This satisfied both parties. At all events the landlord had the right to make his own terms in regard to the letting of his own land (which under the Ground Game Act he is now precluded from doing), and the tenant had the satisfaction of knowing that he had secured perhaps a substantial reduction of rent for the remainder of his term. Now the tenant or ‘occupier’ has aconcurrent right to the ground game, of which he cannot divest himself much as he might like to sell the exclusive right of killing it ; for any agreement in contravention of this is declared by the third section of the Act, as will be seen later, to be void. Still he is not happy, and notwithstanding that when rabbits attack his crops he has the remedy in his own hands and is at liberty to destroy them, he still seeks to get compensation when he can from the landlord, or from the tenant to whom his landlord has let the shooting over his farm. From the reported decisions in actions of this class, it would seem that, wherever a tenant in the occupancy of a farm has a right to kill rabbits, he has no claim for damage done by them to his crops, provided they are bred or burrow on his farm ; for if they are thus permitted to THE GROUND GAME ACT 77 increase, the fault is his own. But, if his crops are damaged by rabbits reared and allowed to increase in plantations or coverts within and around the farm and which are not in his occupation, he certainly has aclaim of damages (for the loss sustained) against his landlord. In the Scotch case of Inglis v. Moir’s Tutors and Gunnis, where a tenant brought an action against both landlord and shooting tenant for damage done to crops by rabbits, it was held that the landlord was liable, but not the shooting tenant, Lord Justice Clerk in giving judgment said: ‘As regards the case against the game tenant, if he did any personal act to the injury of the agricultural tenant (such as tread- ing down corn or breaking fences) he would be responsible. But he is under no obligation to kill rabbits for the benefit of the farmer. There is no mutual obligation between them. Neither the omission to kill rabbits, nor the destruction of vermin, which are matters entirely within the power of the game tenant to do or omit, can give the agri- cultural tenant any just cause of action. His claim lies against his landlord under the contract with him, which is neither enlarged nor restricted by the rights given to the tenant of the shooting.’ ! 1 See reports of claims for damage done by rabbits, Cameron v. Drummond, The Feld, February 4, 1888, and Smith z. Brand, The Field, November 9, 1895. N 178 THE RABBIT Sometimes a shooting tenant is induced to consent to a clause in the lease to indemnify his landlord against claims by tenants for damage done by ground game— a proviso which should be refused unless he is very anxious to secure the shooting, and the landlord will not let it otherwise, regarding such clause as tantamount to a guarantee that the ground game will be well kept down. This happened in the case of Rashleigh and another v. Veale, which came before his Honour Judge Grainger in the St. Austell County Court in January, 1895, the result being that the defendant (who was the sporting tenant), as was to be expected, was held liable on his covenant. Another grievance on the part of an ‘ occupier’ who holds land over which someone else has a grant of ‘free warren,’ is that he cannot kill any rabbits at all, notwithstanding his supposed rights under the Ground Game Act. Witness the case of Lord Carnarvon v. Clarkson, to which allusion has been already made.! There is still another class of persons who profess themselves aggrieved by the operation of the Ground Game Act-—namely, the agricultural labourers. The 1 See pp. 55, 56, and a précis of the case in The Freld of May 18, 1895, under the heading ‘ Occupiers who have no Right to Ground Game.’ THE GROUND GAME ACT 179 nature of the grievance may be best exemplified by relating a conversation which the writer had some years ago with a south-country ‘beater’ well known to him. ‘Well, John, how do you like the new Ground Game Act?’ ‘Not at all, sur; never get a robbut now, let be howtle.’! ‘Oh! how’s that then ?’ ‘Why, you see, sur, when Mister C. wur head- keeper? if I’d a mind to a robbut of a Saturday for my Sunday’s dinner, why, I used to go up to hisn # and ask for un, aye, and get un too. Now if I goes up to the noo keeper and asks, he ses, “ Let’s see,” he ses, ‘who do you work for?” and I ses Varmer Rye, I ses. Well, he ses, “Then you’d better go andask he for un ; for he have the right to kill un same as me.” So I goes to Varmer Rye and asks he, and what d’ye think he ses; why, he ses, “I aint got no robbuts for no one ; I ca-a-nt get enough for mysel’.” So I comes away wi/out un. That’s how it be, sur.’ ‘Well, John, what do you do now, then?’ ‘Do, sur? Why’ (scratching his head) ‘I’se forced to help mysel’, I s’pose.’ 1 A provincialism ; let it be how it will.’ 2 Before the passing of the Act. * Meaning ‘to his house.’ Ney 180 THE RABBIT Which being interpreted means, that a good honest labourer with a wife and family to support, and with perhaps only eighteen shillings a week to do it with, out of which four or five shillings a week has to go for cottage rent, turns poacher, and sooner or later is discovered by the keeper taking a rabbit out of a wire, with the usual result. And so it is that owners, occupiers, shooting tenants and agri- cultural labourers, all have something to say against the Act.! It would not be possible within the limits of a single chapter to examine critically all the points which are suggested by a careful perusal of the Act, nor is it to be expected that we should take cogni- sance of the many legal technicalities which have been argued in the numerous actions at law to which this particular statute has given rise. All that we can attempt to do here is to take a general view of the object and provisions of the Ground Game Act, and point out, as briefly as possible, some of the more important legal decisions which now materially affect its bearing. The importance of this at the present time will be apparent to those who already know how the construction of particular sections by ' See the numerous letters expressive of dissatisfaction for reasons stated which appeared in 7he Fie/d during the months of November and December 1889. THE GROUND GAME ACT 181 magistrates at petty sessions has been overruled by Courts of Appeal, while the utility of such a com- mentary as we propose to offer will, it is hoped, be acceptable to those readers who may perchance have a copy of the Act at hand, but no notes of the im- portant cases to which we shall refer. The full title of this Statute is ‘An Act for the better protection of Occupiers of Land against injury to their Crops from Ground Game,’ and it received the royal assent on September 7, 1880. The object of the Act is not, as some persons imagine, to transfer the right to kill hares and rabbits from ‘owner’ to ‘occupier,’ but to protect the crops from injury by ground game, and this object is equally attained whether the animals are killed by either party. It is also a mistake to suppose that the Ground Game Act gives the landlord anything. It gives him no privilege nor concurrent right. It gives the tenant the concurrent right to hares and rabbits where they are reserved. As at common law, in the absence of any agreement between landlord and tenant with regard to ground game, hares and rabbits are the property of the tenant as occupier of the sotl, it is necessary in making agreements with tenants, that hares and rabbits should be mentioned and reserved, otherwise the landlord will have no right to kill them. 182 THE RABBIT The Act contains eleven sections. The first section provides that : * Every occupier of land shall have a right insepar- able from his occupation to kill ground game thereon, concurrently with any other person who may be entitled to it, subject to the following limitations : Subsection 1. The occupier shall kill and take ground game only by himself or by persons duly authorised by him zz writing : (a) The occupier himself and one other person authorised in writing by such occupier shall be the only persons entitled under this Act to kill ground game zh firearms ; (6) No person shall be authorised by the occu- pier to kill or take ground game, except members of his household resident on the land, persons in his ordinary service on such land, and one other person und side employed by him for reward in taking ground game. (c) Every person so authorised by the occupier, on demand by any person having a concurrent right to the ground game (or any person authorised by him in writing to make such demand) shall produce his authority, and in default shall be deemed to be not an authorised person. THE GROUND GAME ACT 183 The term ‘occupier’ is not defined by the Act, but may be taken to mean the person for the time being lawfully entitled to and exercising the exclusive possession of land. Certain persons are expressly declared xot to be occupiers (Sect. 1, subsect. 2) ; for example, ‘a,person having merely a right of common,’ and ‘a person occupying land for grazing purposes for a period not exceeding nine months.’ These excep- tions will be considered further on. A landlord in occupation of his own land has been decided to be zof an occupier within the meaning of the Act.! But an outgoing tenant who ‘holds over’ for the purpose of getting in his crops has been held to bean occupier, so as to maintain or resist an action for trespass.* So also persons permitted by the tenant to use small pieces of ground for the purpose of growing potatoes have been held to be ‘occupiers.’ ? When a tenant sublets his land, he ceases to be an occupier for the purposes of the Ground Game Act. Whether the purchaser of a standing crop from an outgoing tenant having a right to be on the land for 1 Smith v Hunt, 54 Law Times Reports, 422. This case will be considered further on when we come to discuss the right of an owner to set spring traps aboveground. See p. 203. * Boraston v. Green, 16 East 71; and Griffiths v. Puleston, 13 M. & W. 358. * Greenslade z. Tapscott, 3 L. J. Ex. 328. 184 THE RABBIT the purpose of removing his crop is an ‘ occupier’ within the meaning of the Act, and entitled to kill ground game on the land whereon the crop is stand- ing, isa question which has not been decided. It might well have been raised in the case of Lunt v. Hill, in the Nantwich County Court in January, 1895, but the only issue tried was whether an assault had been committed by the defendant in attempting to take from the plaintiff, the purchaser of the way-going crop, the rabbits which he had shot without any authority in writing from the tenant, and without a gun licence.! The term ‘occupier’ will include joint tenants ; their powers of appointment of persons to kill or take ground game could only be jointly exercised ; but whether (as is probably the case) each could exercise the rights of an occupier in killing ground game by himself is a point which, so far as we are aware, has not been judicially determined. Before proceeding to subsection 2 of the first sec- tion, it may be well to emphasise the fact that the authority given by an ‘occupier’ to kill rabbits must be ¢2 writing. In a case decided at Carlisle in October, 1891 (Carter Wood v. Rule & Rule) a shooting tenant summoned two game-dealers for unlawfully killing rabbits at night. They pleaded authority. The occu- ' See a report of the case in Zhe /ve/d of January 26, 1895. THE GROUND GAME ACT 185 pier, a farmer named Dunne, admitted authorising one of them, but stated that he paid no wages or commis- sion for the killing ; on the contrary, they paid him something for the privilege, and they got the rabbits for their own benefit. No authority 7 writing being produced, the magistrates convicted.!_ The defendants, thinking it important to obtain a legal decision whether or not a game-dealer who pays a farmer for permission to kill ground game and takes the game as his perqui- site, is ‘a person doné@ fide employed for reward,’ asked the magistrates to state a case for a superior court. This they declined to do, their view being that no question of law arose, but only an issue of fact, of ‘written authority’ or otherwise. Defendants then moved for a rule for a mandamus requiring the magis- trates to state a case, and the motion was argued before the Divisional Court (Justices Hawkins and Wills) on February 4, 1892. The Court held that the magis- trates had decided the case upon an issue of fact, viz : whether the ‘ occupier’ had statutably employed the defendants, and that they had evidence before them upon which they could arrive at a conclusion in the matter. They accordingly refused the application and thereby supported the conviction.? ' Reported in Zhe Field, November 4, 1891 ’ The Field, February 13, 1892. 186 THE RABBIT As to what constitutes a ‘resident on the land’ (sect. 1 b.) the word ‘reside’ has been held to mean ‘eat, drink, and sleep,’! and therefore, although a person merely spending the day would xot be a resi- dent, a guest for a few days presumably might be. In the case of Stuart v. Murray, the Court of Justiciary in Scotland decided that a person dond fide invited to stay for a week was a member of the household resi- dent on the land.” The question what constitutes a ‘ professional rabbit-killer’ is also one that often arises. Subsection 1 b. states that he must be ‘a person dona fide em- ployed for reward,’ and only one such person can be authorised at atime. This definition does not cover the case of a friend coming for a day’s shooting, even if he receive a nominal sum for his services or a present of rabbits, although the fact of the shooter being a friend of the occupier would not necessarily invalidate the authority. Still, in the event of a shooting tenant feeling himself aggrieved and taking proceedings against such a person on the ground that he was not ‘ dond fide employed for reward,’ the fact of the latter being a friend of the occupier would not unnaturally give rise to suspicion. ' Regina v. North Curry, 4 B. & C. 959. ' The Field, November 22, 1894. THE GROUND GAME ACT 187 To take the case of a person who is not a friend of the occupier, and is not a rabbit-killer by pro- fession, but (as if he were) enters into an agreement with the occupier to kill rabbits, ostensibly for reward but in reality for his own recreation : In January 1893 one Gibbs, a wholesale con- fectioner at Oxford, was found by a keeper of the Earl of Abingdon shooting rabbits at Cumnor, on land in the occupation of one Townsend. He was summoned for trespass in pursuit of game, and pleaded that he had entered into an agreement with Townsend to kill rabbits for him, and to be paid for the work. Townsend confirmed this, and a written authority was produced showing that he was to be paid 4s. a dozen for all rabbits he killed up to September 29, and after that date 2s. a dozen, the rabbits being given to Townsend. The question arose whether Gibbs, who had a large business of his own in Oxford with several shops to look after, could be regarded as a ‘professional rabbit-killer’ within the meaning of the Act? The magistrates on the evidence dismissed the case, reluctantly finding him qualified! It is, of course, difficult to understand a man in defendant’s position posing as a professional rabbit-killer ; but it is a free country, and if a man of means chooses to turn professional rabbit-killer there is 188 THE RABBIT no law to prevent him. At the same time, cases of this kind are open to grave suspicion, and slight evidence of an intention to evade the Act and obtain a few days’ shooting on pretence of killing the rabbits for the benefit of the tenant, might warrant a conviction for trespass in pursuit of game. And this was the result in a similar case tried in another county. In January 1883 the magistrates at Otley, York- shire, had a case before them, Taylor v. Bradley, in which this question was raised. ‘The plaintiff, who was the shooting tenant over lands in the occupation of one Laycock, summoned the defendant (a nail manufacturer employing about twenty hands) for shooting rabbits on the said land. Defendant pro- duced an authority in writing from the occupier Laycock, and the latter stated in evidence that he paid defendant five shillings for his services, and presented him with a rabbit. The question raised was whether Bradley was a person dond fide employed for reward for the purpose of killing ground game. The magistrates decided that he was not, and fined him 20s. and costs. As to the formal appointment of a professional rabbit-killer, it may happen that a farmer is the ‘occupier’ of two or more farms belonging to one owner, and may be in doubt whether he can appoint THE GROUND GAME ACT 189 one professional rabbit-killer for each farm, or whether his right is limited under the Act to the appointment of only one such person. We are not aware that this point has ever been decided in a court of law. It would probably depend whether all the farms were included in one lease and treated as one holding, or let under different leases. In the latter case it would probably be held that he may appoint as many persons as there are farms in his occupation. The ‘form’ of authority to be given in writing is not provided by the Act. The following may be suggested as sufficient for the purpose: ‘In pursuance of the provisions of the Ground Game Act 1880, I, A.B. of (give address), hereby authorise C. D. (‘a member of my household, in my service,’ or ‘resident on the land in my occupation,’ as the case may be) to kill or take ground game for me on any part of the land in my occupation in any lawful manner,! except by shooting. ‘Dated this day of 1898. (Signed) A. B.’ If the occupier intends to authorise shooting, the form may be varied thus: ‘to kill or take ground game by shooting, in the daytime only.’ 1 Poison is declared to be unlawful by Section 6, 190 THE RABBIT This authority when given must be produced by the holder at any time when demanded by any person authorised to require its production. A commoner is not an ‘occupier’ within the meaning of the Act; in other words, the right of common does not give or include any right to kill or take ground game.‘ Subsection 2 runs : ‘A person shall not be deemed to be an occupier of land for the purposes of this Act by reason of his having a right of common over such lands ; or by reason of an occupation for the purpose of grazing or pasturage of sheep, cattle, or horses for not more than nine months.’ A commoner may maintain an action against the lord of a manor for surcharging it with coneys, but he has no right to kill them or to fill up the burrows.? In view of the latter half of this subsection, owner in occupation who wishes to keep the shooting in his own hands, but is willing to let the grass lands for grazing purposes, should take care to stipulate in a written agreement that the letting is for a term not exceeding nine months. Otherwise the grazier might claim a concurrent right to the ground game as an ‘occupier,’ and would be justified in so doing, } See Watkin v. Major, L.R. 10 C.P. 662 ? Cooper v. Marshall, 1 Burr, 259. THE GROUND GAME ACT IgI under the Act. So if an owner in occupation lets his shooting to one person and the grazing to another, he should observe the same precautions. Subsection 3 relates to moorlands : ‘In the case of moorlands, and uninclosed lands (not being arable lands), the occupier and the persons authorised by him shall exercise the rights conferred by this section only from the eleventh day of December in one year until the thirty-first day of March in the next year, both inclusive; but this provision shall not apply to detached portions of moorlands or uninclosed lands adjoining arable lands, where such detached portions of moorlands or uninclosed lands are less than twenty-five acres in extent.’ This clause applies more especially to grouse moors on which the occupier’s right to kill hares and rabbits is limited to about four months in the year (unless the occupier happens to be the owner in possession), namely, from the last day of grouse shooting until the beginning of the nesting season. But on small outlying patches of moorland holding rabbits which might do damage on adjoining arable land, the ‘occupier’ is empowered to kill ground game all the year round. Whether a farmer who has the grazing of moorland 192 THE RABBIT for a period of more than nine months, but has a right to kill the ground game only from December 11 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 Zhe Fie/d 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. 1, 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 ?’ 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 1 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. 194 THE RABBIT enacts that a person shall not be deemed an “ occupier ” by reason of his having a right of common over such lands; or by reason of an occupation for grazing pur- poses for not more than nine months. Now, if the land in question is downland, over which the farmer has a “right of common,” and it is merely enclosed with a wire fence, as many such lands are, to prevent the sheep from straying, we should say that the farmer has no right whatever to the ground game. On the other hand, if he is an occupier for the purpose of grazing sheep, he can only kill or take ground game if his tenancy is for a longer period than nine months. In this case it would follow that, if our correspondent wishes to keep the rabbit shooting in his own hands, he must take care to let the grazing for short periods of not more than nine months.’ The second section of the Act provides that an occupier, who is entitled to kill ground game on land in his occupation, cannot divest himself wholly of such right. If he holds under a lease dated prior to Sep- tember, 1880, and the game has not been reserved to the owner, he has an exclusive right to game both furred and feathered, and can let that exclusive right to anyone he pleases. But, if his tenancy has been created since that date without any reservation of the game, he cannot let such right in its entirety, but only THE GROUND GAME ACT 195 a right to the feathered game with a partial right to the ground game, for as ‘occupier’ he is bound (under this section of the Act) not to divest himself wholly of his right to kill the hares and rabbits, however willing he may be to do so. All he can do is to refrain from exercising this inalienable right. The ¢#ird section of the Act accordingly provides that any agreement in contravention of the occupier’s right to kill ground game would be void ; that is to say, that no such agreement could be enforced in a court of law if either of the parties happened to change his mind and refused to fulfil his contract. In the case of Hicks v. Smith, tried in the Cheltenham County Court in February, 1888, the defendant, an occupier of land in Gloucestershire, let to the plaintiff as shooting tenant an exclusive right to kill game and rabbits, and afterwards proceeded to snare rabbits himself. The plaintiff brought an action for breach of contract, and the defendant pleaded that the agreement was void under Section 3 of the Act. It was held that both parties were i pari delicto, the plaintiff knowing from the first that he was entering into an agreement that -would be void under the Statute, and judgment ac- cordingly was entered for the defendant.! A similar view was taken by the judge of the County Court at | The Field, February 25, 1888. 196 THE RABBIT Monmouth, in deciding the converse case of Morgan v. Jackson, where an occupier brought an action to recover rent from a shooting tenant to whom he had let his right to the ground game, and who pleaded in defence that the contract was void under Section 3 of the Act. On appeal, however, to the Divisional Court of Queen’s Bench, it was held by Mr. Justice Day and Mr. Justice Wright, that Section 3 was intended only to prevent a tenant and landlord from combining to- gether to defeat the Act. ‘There was nothing in that section (they said) to prevent the tenant (who was en- titled otherwise than in pursuance of the Act to kill and take ground game) being just as free as he would have been before the Act, and, in their opinion, Sec- tion 3 did not apply, since it merely prevented a tenant from surrendering his right to his landlord.! It is curious that the limitation here given by the judges—that Section 3 was only intended to prevent collusion between landlord and tenant—was expressly considered when the Bill was in Committee. Mr. Chaplin moved to give the occupier of land of which he was also the owner, power to sublet; but Sir William Harcourt said he could not consent to allow the right to kill ground game to be separable from the occupation of the land. Mr. Chaplin afterwards moved ' Reported in Zhe Field, February 23, and May 4, 1895. THE GROUND GAME ACT 197 to give the tenant power to sublet the ground game ; but Sir William Harcourt maintained that this would defeat the object of the Bill, by enabling the tenant to let to the landlord. Another member then suggested that the tenant should have the power to let to any other person than the landlord, but Sir William Har- court replied that he could not assent to so invidious a distinction. Now, however, it has been held by a Court of Appeal that there zs such an invidious limita- tion (when the occupier is entitled to sporting rights otherwise than in pursuance of the Act), although it is not expressly mentioned in the Statute. The position, therefore, seems to be that an occupier of lands owning the exclusive right to the ground game (as when a landlord in letting has not reserved the game and rabbits) may let the sporting rights and recover the rent, if his tenant is not his landlord. If his shooting tenant were also his land- lord, the Court might possibly hold the contract void, and the rent irrecoverable—certainly a curious state of things. But in either case the occupier who is exclusive owner of sporting rights cannot divest him- self of his concurrent right to kill the ground game, and while nominally letting the exclusive right, he, literally speaking, lets only the concurrent right, so far as the ground game is concerned. 198 THE RABBIT An application for leave to appeal (which had been refused by the Divisional Court) was made in the Court of Appeal before the Master of the Rolls, and Lord Justices Kay and A. L. Smith (July 22, 1895), and was again refused. Accordingly, the position of the occupier as above explained 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 wut be void under the third section of the Act. The fourth section 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 fire- arms—unless, of course, he is already provided with a game licence. Under this section a variety of points arise. Assuming that it applies only to ‘owners’ and ‘occupiers —as is clear from the words ‘nothing in this Act contained shall exempt any ferson from the provisions of the Gun Licence Act, 1870 ’—what is 1 33 & 34 Vict. cap. 57. THE GROUND GAME ACT 199 the position (as regards a licence) of a person who is neither ‘owner’ nor ‘occupier,’ but who is, for example, an invited guest of the owner, or of the shooting tenant, 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? Before this point can be determined it is necessary to look at the provisions of no less than four statutes.! The principal Game Act in defining ‘ game’ does not include vaéddits, woodcock, snipe, quail, or land- rail. Consequently it is not an offence under that Act (Section 23) to kill rabbits without a licence. But Section 4 of the Game Licences Act, 1860 (23 & 24 Vict. cap. go) runs thus :— ‘Every person before he shall take, kill, or pursue . . . or use any dog, gun, net, or other engine fur the purpose of taking, killing, or pursuing any game, or any woodcock, snipe, quail, landrail, coney, or deer, shall take out a proper licence to kill game under this Act . . . or forfeit 204. In other words, under the Game Licences Act, 1 The principal Game Act, 1 & 2 Will. IV. cap. 32; the Game Licences Act, 1860; the Gun Licence Act, 1870; and the Ground Game Act, 1880. 200 THE RABBIT 1860, a game licence is required to kill rabbits, although they are not ‘game.’ But certain persons are named to whom this does not apply, and rabbits may be killed without a game licence ‘by the pro- prietor of any warren, or enclosed ground, or by the tenant of lands either by himself, or by his direction, or permission.’ The Gun Licence Act, 1870, provides that every- one ‘who shall use or carry a gun,’ no matter for what purpose, shall take out a ten-shilling licence under a penalty of ten pounds; while the Ground Game Act, 1880, as we have seen, declares that a ten- shilling licence is required for killing ground game. The net result of these various enactments appears to be that, while the holder of a game licence may kill any kind of game, as well as rabbits, woodcock, snipe, &c., a person who intends to confine his attention to rabbits may shoot them if holding a ten- shilling licence only.t. In connection with this subject a curious point was recently raised, and only decided after two appeals, @ propos of rabbits and the Gun Licence Act, the principal provision of which has been already stated. By the terms of this Act certain persons are exempted from taking out a gun licence, ' Both owners and occupiers may kill hares without a licence under the provisions of the Hares Act, 1848, and may authorise others to do so for them. THE GROUND GAME ACT 201 and amongst others ‘the occupier (or his nominee) of any lands using or carrying a gun for the purpose of scaring birds, or dling 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 mof ‘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 zeve 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 zo¢ 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 Field of March 5 and April 2, 1898. 202 THE RABBIT or any other kind of gun from which any shot, bullet, or other missile can be discharged. Even a toy pistol has been held to be a gun.’ A catapult, of course, is not ‘a firearm,’ and although it may ‘ dis- charge a shot, bullet, or other missile,’ it can hardly be called a ‘gun.’ If, instead of the words ‘or any other kind of gun,’ the statute were to read ‘or any other engine,’ a catapult would come within the definition. To return to the Ground Game Act: The fifth section provides that an ‘ occupier ’ can- not exercise his concurrent right to the ground game if the right to kill or take it has been already vested in some one else by lease dated prior to the passing of this Act. An important decision upon this section was given in the case of Allhusen v. Brooking by Mr. Justice Chitty,? who held that it extended to an agreement dated prior to the Act, whereby a lessor agreed to grant a lease for a term to commence after the passing of the Act, and the tenant was restrained from killing ground game otherwise than as provided by the terms of his agreement. 1 See Campbell v. Hadley, 40 J.P. 756; and for further convictions for using a pistol without a licence, see The Field, April 10 and 17, 1897, and June 18, 1898. 2 51 Law Times Reports, N.S. 57. See also Hassard v Clark, 13 L. Rep. Irish Ch. Div., 391 THE GROUND GAME ACT 203 It is further enacted by this section that: ‘Nothing in this Act shall affect any special right of killing or taking ground game to which any person other than the landlord, lessor, or occupier may have become entitled before the passing of this Act by virtue of any franchise, charter, or Act of Parliament.’ This is a very important provision, since it defeats the right of an ‘occupier’ to kill ground game if the land in his occupation happens to be land over which aright of free warren is claimed. We have already alluded to this contingengy in the chapter on warrens, where we have cited, by way of illustration (pp. 55, 56), the typical case of Lord Carnarvon v. Clarkson, which see. The szx¢A section of the Act prohibits the shooting of ground game 4y night, setting spring traps any- where except in rabbit holes, and employing poison. The question has arisen whether this section— particularly the prohibition as to spring traps—applies to owners who are in occupation of their own land. The point was raised and decided in the case of Smith v. Hunt,! which came before the magistrates at Worcester in 1885. It was contended on the part of the prosecution that the Act applied to a// persons having the right of killing ground game, including ' 54 Law Times Reports, p. 422. 204 THE RABBIT owners occupying their own land, and on the part of the defendant (an owner) it was urged that the Act applied to occupiers only. The magistrates were unable to agree as to the true construction of the section, and decided to dismiss the summons, and state a case for the opinion of a superior court. Accordingly in the Queen’s Bench Division on November 26, 1885, before Justices Mathew and Smith, the case came on for argument, when the appeal was dismissed with costs, the judges being of opinion that Section 6 of the Act does zo¢ apply to owners who occupy their own land. It is a well-known principle in courts of justice that the meaning of an Act of Parliament must be based upon the wording of the Act, and not upon the sup- posed ¢nertion of those who framed it. Nevertheless, it 1s curious that judges so frequently refer to what they consider the manifest intention of the Legislature, and yet give a construction that is very different from what was explained in Parliament. So in the present case, Mr. Justice Mathew ob- served: ‘I think it is clear from the wording of the Act alone, that the Legislature had no intention of restrict- ing the undoubted rights which landlords possessed before the Act was passed to deal with their land and kill the game thereon in any way they liked.’ THE GROUND GAME ACT 205 That this was not the intention of the Legislature may be seen from the report of the debates during the progress of the Bill through Committee. The clause relating to spring traps originally stood thus: ‘ Neither such occupier nor any person authorised by him shall employ spring traps above ground for the purpose of killing ground game.’ Had the Bill been passed in that form the limitation in the use of spring traps would, of course, not have applied to landlords ; but Mr. Gregory moved an amendment altering the clause to ‘no person having a right of killing ground game under this Act or otherwise ;' on which the Home Secretary, Sir William Harcourt, observed that, ‘Seeing that the amendment placed the landlord and tenant on the same footing, he was willing to accept it” It passed accordingly ; and what was afterwards Sir William Harcourt’s view as to the meaning of the law which he was so instrumental in getting passed, is shown by what he stated in the House of Commons in May, 1883, in reply to Sir A. Gordon, who inquired whether Her Majesty’s Government would move Parliament to restore in Scotland the liberty to use spring traps in rabbit runs, of which they have been deprived by the Ground Game Act. Sir William Harcourt said, ‘It did not really take away from the tenant farmers anything which as a right they enjoyed 206 THE RABBIT (i.e. before the passing of the Act), because under the terms of their leases they were prohibited from killing game in any way whatever. But during the progress of the Bill it was represented to him that other persons were allowed to set spring traps, and in this way they could kill a great many things besides rabbits. It seemed to him that spring traps were cruel things, and he intended to limit the use of spring traps not against tenants only, but against everybody. Nobody was allowed, whether proprietor or tenant, to set a spring trap in the open, and for this reason, that it killed a great many animals that it was not desired to kill.’ Thus it is clear that the construction placed upon the sixth section of the Act by the Justices of Appeal in Smith v. Hunt is not in accordance with the ex- pressed intention of the Government as stated by Sir William Harcourt. Nevertheless their decision has been followed in the case of McMahon v. Hannon, which came before the Exchequer Division, Dublin, on May 15, 1888, by way of appeal on a case stated by the Justices of the Co. Clare, sitting at Dunass. ‘The Lord Chief Baron and Mr. Justice Andrews were of opinion that the sixth section of the Act did not apply to owners of land in fee simple in possession, but only to occupiers THE GROUND GAME ACT 207 not in fee simple. From this view Baron Dowse dissented.! The decision in these two cases, which had reference to spring traps only, will of course apply equally to the use of poison, and to shooting at night, as all are included in the same section. It would follow, also, that a sporting tenant who rents the shooting from an owner in occupation, will, in regard to Section 6 of the Act, be in the position of the owner. Under Section 7, a person (e.g. an ordinary shoot- ing tenant) who is not in occupation of the land, but has the sole right of killing the game thereon—subject tothe concurrent right of the ‘occupier’ to the ground game—has as much authority to institute legal pro- ceedings as if he were exclusive owner, without pre- judice of course to the night of the occupier. The eighth section of the Act defines the words ‘ground game’ to mean ‘ Hares and Rabbits.’ The zin¢h section provides that a person acting in conformity with this statute shall not thereby be 1 Reported in The Field of May 26, 1888. See also the case of Saunders wv. Pitfield, which came before the Divisional Court by way of appeal from the magistrates at Bishop’s Lydeard, Somerset.’ In this case the defendant claimed, as tenant from year to year under an agreement, made prior to the Act, in which there was no reservation of shooting rights to the lessor, and the magistrates decided that the Act did not apply. The Court of Appeal decided otherwise. See 7he Field, January 28, 1888. 208 THE RABBIT subject to any proceedings or penalties in pursuance of any other statute. For example, if under this Act he were to take out a ten-shilling gun licence and proceed to shoot rabbits, he could not be prosecuted under the Game Licences Act 1860, for shooting rabbits without a game licence. The ¢enth section has reference to the killing of ground game on days on which under other statutes the killing of game is prohibited (as for example on a Sunday or on Christmas Day, or at night), and is to be read in harmony with such statutes. Although rabbits may be killed all the year round, there is no close time for hares except Sundays and Christmas Day, when no dog, gun, net or other engine may be used to take them (1 & 2 Will, IV. cap. 32). The Hares Preservation Act of 1892, however, makes it illegal to se// or expose for sale any hare or leveret during the months of March, April, May, June or July, although this does not apply to foreign hares which may have been imported. The marked omission of the word ‘kill’ in a statute framed osten- sibly for the purpose of Preserving hares, will pro- bably strike most people as a reductio ad absurdum. In Ireland, however, by 42 & 43 Vict, c. 23, no one may kill or take a hare between April 20 and THE GROUND GAME ACT 209 August 12, under a penalty of 2o0s.; and in many counties this close time has since been varied by the Lord Lieutenant on application of the Grand Juries, so as to extend from April 1 to August r2. If a snare be set on a Saturday and game be caught on Sunday, itis deemed to be used on Sunday within the meaning of the Act, and the person setting it is liable to a penalty, though he may not have been on the land on Sunday.! The eleventh and last section gives the short title of the Act and is as follows :—‘ This Act may be cited for all purposes as the Ground Game Act 1880.’ Various points from time to time arise which, although outside the direct wording of the Act, are nevertheless more or less connected with points expressly governed by it. For example, the question sometimes arises whether an ‘owner’ has the right to ferret rabbits on the land which he has let to the ‘occupier.’ The farmer will maintain that he has not, and that he can only kill the ground game when out shooting. But the farmer is wrong. An ‘ occupier ’ has no monopoly of any particular method of capture conferred on him by the Ground Game Act. He has merely a concurrent right to kill the hares and rabbits on the land in his occupation, and the landlord ' Allen v Thompson, L.R. 5 Q.b. 336; 22 L.T. 472. P 210 THE RABBIT retains a similar right. Both may employ dogs, ferrets, traps, nets, and snares ; in fact, whatever method is legal to the one is legal to the other, unless the Act states otherwise. The fact that no mention of ‘ ferreting’ is made in the Act shows that the right remains unaltered ; for if the landlord had been de- prived of such right, the Act would have stated it in express terms. When an ‘owner’ has let his shooting for a term, he must be careful not to let before the expiration of that term any portion of the same land to an agricul- tural tenant who might claim as ‘ occupier’ a right to kill the ground game. This happened in the case of Reade v. Whitmore where a shooting tenant under these circumstances brought an action against the owner for breach of implied covenant for quiet enjoy- ment, and the Court decided in his favour.! This shows the necessity, when letting shooting rights, of having a clear understanding as to the ground game ; and an owner who may contemplate a subsequent letting of some or all of the land for agricultural purposes should expressly stipulate with the shooting tenant that such letting shall not be deemed a breach of contract. The shooting tenant, on the other hand, should ascertain whether the land ' The Field, April 25, 1891. THE GROUND GAME ACT 211 is, or is not, in the owner’s occupation, and if it is, should see that his agreement specifies the sum which is to be allowed off the rent in the event of any portion being subsequently let. Of course if the tenant agrees to the landlord’s proviso, that any such letting for agricultural purposes is not to be deemed a breach of contract, no claim for reduction of rent can arise. When commenting on Section 7 of the Act (p. 207) we referred to the power of a shooting tenant to institute legal procaedings as if he were owner. It is important to note that when a right of shooting is let, the agreement between the parties should be in writing under hand and seal. Amere letter, such as would suffice in an ordinary case of bargain or sale, will not answer the purpose ; for the right of sporting is ‘an incorporeal hereditament,’ for the legal trans- fer of which a formal deed is necessary, and without this neither the lessor nor the lessee, in case of dispute, would be able to enforce his right. It is true that a simple permission in writing (for example by letter) would be sufficient authority to the holder for merely ' shooting over the ground ; but it would not enable him to prosecute trespassers in pursuit of game, nor to do any other act which is exercisable only by an owner. Half the disputes which arise over shooting P2 212 THE RABBIT agreements are generally due to a disregard of this precaution. The patient reader who has followed us thus far will probably be of opinion that, although this lengthy chapter may even now be not quite exhaustive of the subject, for most practical purposes, perhaps, enough has been written. We need only add that a copy of ‘The Ground Game Act’ costs but three-halfpence, and may be obtained from the Queen’s Printers, Messrs. Eyre & Spottiswoode, East Harding Street, Fetter Lane, E.C. CHAPTER VIII RABBIT-HAWKING WITH THE GOSHAWK In foregoing chapters some account has been given of the various ways of taking rabbits by netting, snaring, ferreting, and shooting, each of which will commend itself differently to different readers accord- ing to their respective tastes. There remains yet another phase of sport to be described ; and although in reality a very ancient one, it will probably appear to most people both novel and attractive. We refer to the art of taking rabbits with a trained goshawk. We find both rabbit and goshawk (as well as ferret) mentioned in the Book of St. Albans, 1486, and learn from that very curious compilation the technical terms which were expected to be known by ‘gentyl- men and honeste persones in comunynge of theyr hawkes,’ and other animals. For instance, when referring to o/d rabbits it was customary to speak of a 214 THE RABBIT ‘bury of coneys,’ or if young, ‘a nest of rabbettes.’! The sportsman found a coney ‘syttynge,’ and when killed, it was not skinned but ‘unlacyd,’ while the warrener’s useful four-footed allies were referred to as a ‘besynesse of ferettes’—all very quaint, though the sport itself was pretty much the same then as now. Rabbit-hawking has much to recommend it. It is not difficult to carry out in an enclosed country where long-winged hawks cannot be flown; it is an effective mode of keeping down the stock of rabbits in places where they are apt to become too numerous ; it may be practised at any season of the year, and, as it may be pursued without any noise, it does not, like shooting, disturb the winged game. As to the sport which it affords to those who participate in it, experto crede. The first thing to be done, of course, is to procure a goshawk, and for this one must send to France or Germany. It is very many years since a goshawk’s nest was found in Great Britain ; not since Colonel Thornton, of Thornville Royal, Yorkshire, a keen falconer and good all-round sportsman, discovered one in the forest of Rothiemurcus and trained one of the young birds. This was at the end of the last, or ' See our remarks on the original application of the word rabbit, p. 4. RABBIT-HAIWKING WITH THE GOSHAWK 215 beginning of the present century, since which time no similar discovery has been recorded. The goshawks trained and flown in England at the present day (and we know of many) are procured from France or Germany ; chiefly from France, where, thanks to the good offices of some of the French falconers, they are annually looked after, the nests protected, and the young birds secured at the proper season. The price varies with the age and condition of the bird. You may get one through a German dealer for a couple of pounds, but it will be a chance whether the flight feathers will be unbroken, and perfect wings are a Sine gui non in the case of a hawk that is to be trained and flown. It is better to pay a little more, as at the Jardin d’Acclimatation in Paris, and secure a good one. Occasionally a goshawk is taken in a bow-net by one of the Dutch hawk-catchers at Valkenswaard in North Brabant, and is sent to Eng- land with the falcons which are annually forwarded in autumn to the members of the Old Hawking Club and others ; but as a rule the birds captured there are peregrines, for which at the present day there is greater demand. As to the mode of training, if the purchaser of a goshawk has never handled a hawk before, and knows nothing of the matter, he will do well to provide him- 216 THE RABBIT self with some modern treatise on the subject (such as ‘Hints on the Management of Hawks,’ published at Zhe Field office), wherein he will learn the rudi- ments of falconry, and find a special chapter on the goshawk. If he wishes to find real enjoyment in the sport, he must train the bird himself, and not depute it to another. A hawk must learn to know her owner, or she will not allow him to take her up when she has killed her quarry. She must be fed by him; carried by him on the glove as much as possible, bare-headed, that 1s unhooded, to accustom her to the sight of men and dogs, that she may put off all fear and become as fond of him as a dog would be, knowing his voice and obeying his call, or ‘lure.’ Supposing that the hawk has had put on the legs, just above the feet, ‘jesses’ (or little leather straps) by which she is held, to the ends of which are attached the ‘swivel’ and ‘leash’ by means of which she is tethered to the ‘perch’ or ‘block,’ the first step is to get her to come off the perch on to the glove to be fed; and this is accomplished by offering a little bit of meat, or the leg of a fowl, or rabbit. When she will step readily on to the fist, the leash being untied, the distance should be increased from a foot to a yard, and at length to several yards, until eventually she will fly willingly across the room to her master. JUST MISSED HIM RABBIT-HAWKING WITH THE GOSHAWK 217 This lesson being repeated out of doors from a field-gate, or the top of a stone wall, while for safety a long line is attached to the swivel, she will in a few days come readily when ‘called off” and the line may then be discarded. She may then be lured with a dead rabbit, or a part of one, thrown down and drawn with a string along the grass. After coming readily to this several times, she is next to be ‘ entered’ to the live quarry. For this purpose a young rabbit or two may be easily procured by ferreting, and being placed under an inverted flower-pot which can be pulled over from a distance with a piece of string and a cross-stick through the hole in the bottom, the hawk is slipped at the right moment, and rarely fails to take the rabbit at the first attempt. Another trial or two of this kind, and she is ready to fly at a wild one. The critical part of the training is now at hand, and great care must be taken to avoid disappointing the hawk ; that is to say, the rabbit should be well in the open, and not within reach of a hedgerow or burrow into which it may pop just as the hawk is about to seize it. It must be remembered, says Capt. F. H. Salvin, who has paid much attention to the goshawk, that one great point in the successful training of all young hawks is to avoid, as far as possible, disappointment 218 THE RABBIT in their early attempts. This necessitates the sacrifice of some few unfortunate birds or beasts, which have no chance of escape given to them, but is in reality little more than what other sports demand, such as cub-hunting, and the numbers of young grouse or other game annually sacrificed in the process of dog- breaking before the commencement of the shooting season. A small stock of rabbits, say four or five, had better be caught for the purpose of ‘ entering.’ As soon as a goshawk will take these rabbits in a ‘creance’ (or long line) she may be considered ready for the field. Encouraged by the success of these first attempts, she will go on improving every day, and the more she is carried and flown the better she will become. The worst fault which a goshawk possesses is that of ‘taking stand,’ that is, perching on a tree in order to command a good position when the game is put up. Unless very keen, a hawk in this position will refuse to come down to the ‘lure,’ and will obstinately sit still, looking in all directions for the quarry. For this reason it is a good plan to begin the training on open ground destitute of trees. Some persons are under the impression that flying a trained hawk on a manor must tend to drive the game away; but this is not the case. It has been RABBIT-HAWKING WITH THE GOSHAWK 219 conclusively shown elsewhere ! that flying falcons at grouse does not spoil the moor for shooting, and it is the same with the goshawk when flown at rabbits. All is done so quietly, that one may capture a dozen rabbits in an afternoon without disturbing the game half so much as if a dozen shots were fired. On this question the following letter, received from one who has tried it, is to the point: ‘ Having enjoyed four seasons’ hawking with a well-known sportsman, who has about 5,000 acres of shooting, I have heard it said by many, and have noticed it myself, that we found more game on ground where we had had three seasons’ hawking, than on those portions of the farm where we could not hawk. I hope the good old sport will increase.’ To show what success may be attained even in the first season with a young goshawk, we may refer to the bag made by a falconer still living. In his first season with a young female goshawk (better than a male because larger and stronger) he took 322 rabbits, 3 hares, and 2 magpies, and the following season 280 rabbits, 2 leverets, 11 partridges, 4 magpies, and 2 squirrels. A well-trained goshawk, belonging to Mr. John 1 Hints on the Management of Hawks, second edition, 1898, pp. 89-92. 220 THE RABBIT Riley, of Putley Court, Herefordshire, took 70 rabbits in fifteen days, killing ro on her best day. This was in her third season. In her first year she took rio rabbits, 2 pheasants, 13 water-hens, and 1 rat; in her second season 130 rabbits, 1 pheasant, 3 water-hens, and 1 stoat. The same falconer trained a male gos- hawk, which in his first season took 26 partridges, to pheasants, 16 rabbits, 5 landrails, 12 water-hens, and 1 stoat. In The Field of May 2, 1896, Sir Henry Boynton, of Burton Agnes, Hull, wrote as follows : ‘It may interest some of your readers, who are lovers of falconry, to learn what I have done with a nestling goshawk which I brought from Nordland, Norway, in June, 1895. She killed her first wild rabbit on September 17. Her two best days were as follows : the best 24 rabbits out of 24 flights ; the next best day 20 rabbits out of 24 flights. The hawk had through- out the season, on an average, a three-quarter crop a day, and was consequently in the very highest condi- tion, which rendered her able to undergo the hardest work that a hawk is capable of enduring. She was flown on seventy days, and the total bag for the season was : rabbits 407, hare 1, rats 5, stoat 1, weasel 1, total 415 head; and every one of the quarry mentioned was killed in fair flight, without being handled in any way.’ RABBIT-HUNTING WITH THE GOSHAWK 221 It is, of course, not to be supposed that the hawk will kill every time she is flown. The rabbit may get to ground, or into a hedgerow, before he is overtaken ; and the owner, if he be wise, will not slip his hawk at a rabbit which is too near one or the other of such re- treats. There should be plenty of room, and the longer the course the better for all concerned. In the accompanying illustration it will be seen that a rabbit on being put up has made straight for a sandpit ; the hawk might have seized him on the very edge of it, but just as she has clutched at him, he has leapt boldly down the steep bank, and in another second will be gone to ground ’— ‘“Whoo-oop !’ 222 THE RABBIT CHAPTER IX THE COOKERY OF THE RABBIT By ALEXANDER INNES SHAND Tue rabbit is a most useful and respectable animal, yet his merits have been unfairly ignored, simply’ because he is cheapand common. Almost unknown to the menus of the modern aute cuisine, we suspect that, as the conger eel often does duty for turtle, he has figured anonymously in dishes of world-wide reputation. To take a single example: we have good reason to surmise that he often served for the founda- tion of the famous potage @ la Bagration, the secret of which was religiously kept by the defunct Fréres Provencaux of the Palais Royal. That most seductive of soups was supposed to be based upon sweetbreads or chicken. A casual indiscretion leads us to believe that the rabbit entered largely into its composition, but the invaluable recipe is probably irrecoverable. While the Provengal brothers flourished, and since their demise, ‘ Bagration’ has been paraded in many a bill of fare, but neither at the Old Philippe’s, nor THE COOKERY OF THE RABBIT 223 at the Café Anglais, nor at Bignon’s have we ever recognised the genuine masterpiece. The rabbit is cheap and common ; but he is grow- ing in popularity, and is destined to cut a more conspicuous figure in the future than in the past. The old order is changing, and the subversive spirit of democracy is invading the game market. Prices are being levelled downwards ; the luxuries of the last generation are losing in consideration, and what used to be rarities have ceased to be rare. The finest park-fed venison seldom appears now at private tables, and such a thing as the exquisite saddle of roedeer, the favourite Rehriicke of the Germans, is nevertobeseen. As for the fore-quarters of the deer, they are become a mere drug in the market. The frugal housekeeper finds pheasants more economical than fowls, when the big shoots of the autumn are on ; and with the craze for deadly days, and the rivalry in record bags, they are likely in the future to sell as freely in the New Cut as in Bond Street. Moreover, British prejudices are breaking down,. and year by by year the trade is growing in game from America and the Continent. It has been discovered that prairie-hens, hazel-hens, and the Russian and Scan- dinavian ptarmigan are very often excellent eating, though speculating in them is always something of a 224 THE RABBIT lottery. Every intelligent man knows that when he buys a ‘ Norfolk hare,’ it has more probably been imported from Central Germany, nor is it any the worse for that. In short, each ‘piece’ of game begins to be taken on its merits, and when the rabbit has fair play with furred and feathered competitors, we are assured he must come to the front with the leaps and bounds which carry him out of the coverts into the sprouting wheat. What is certain is that we shall always have him, not only in a sufficiency but in superabundance, and out of sheer charity to the farmers we are bound to consume him. Fortunately it is a case where philanthropy should coincide with inclination. The coop-bred pheasant is an artificial product, and might disappear with a change in sporting fashions. Sir William Harcourt has shown us that a caprice of the Legislature may well nigh exterminate the aboriginal hare. But we defy the most drastic Act of Parlia- ment to set limits to the amazing fertility of the rabbit. He is as industrious in multiplying himself as the rat or the guinea-pig, and has resources in render- ing himself a nuisance which challenge competition. He swarms everywhere in sandy or light soil, and even when he seeks his settlements in the stiffest clay, he scoops out sanctuaries in labyrinths of THE COOKERY OF THE RABBIT 225 burrows. They tell us that he originally passed into tawny Spain from more torrid Africa, though as to whether he was introduced by the invading Arabs, swam the Straits, or passed through the submarine tunnel by which the monkeys came from Apes Hill to the Rock of Gibraltar, the soundest historians are not agreed. Be that as it may, it seems certain that Spain is his European Stammdland, whence he has spread over all southern countries to the shores of the Afgean. The Spaniards have always had him in high con- sideration. He is engraved on their ancient coins and medals, and we are told by Strabo that they used to con- sign him by shiploads to the Roman markets. ‘Lord, what a draught London has !’ exclaimed Scott in his diary, when he saw a fleet of Thames smacks fishing off Cape Wrath. But that was nothing to the draught of Republican or Imperial Rome, when a Lucullus or a Vitellius was ransacking the Roman world for luxuries. As there were no refrigerating chambers in those days, we can only suppose that live rabbits were stowed away in hutches. Considering the length and chances of the voyage, the freights could not have been low, and the rabbits must have been intended for the tables of the wealthy. And they must have been consigned very much out of condition, as the Q 220 THE RABBIT natives dredged in the Colchester beds or the shell-fish trapped off the Cornish tinneries. But in his native Spain the rabbit is indeed a delicacy. Perhaps he shows to the greater advantage by contrast; for the beef is leather, and the mutton india-rubber. But the rabbit fattens on the best grazing going, and the very air he inhales is balm, among the wild thyme and aromatic shrubs of the dehesas and depoblados. So in a country where the game laws are laughed to scorn, the muleteer or mounted wayfarer has always the gun lying across the saddle bow, in readiness for the snapshot. Then the rabbit is stuffed into the mouth of the saddle bag, to be brought forth and stewed down for the evening’s puchero. But though it is an agreeable variety on the rare scraps of rusty bacon or the garlic-scented sausages, the frugal Spaniard never hesitates to make merchandise of his prize. Many atime has the forlorn Englishman, riding far away from the lean larders of the foxdas, and meditat- ing ruefully on the doubtful chances of supper in posada or venta, which only supplies shelter and fires, had a pleasant awakening when he met some poaching rascal with a rabbit ora brace of red-legged partridges to sell. There was slight haggling over the blissful bargain. And at nightfall, sitting over the smoulder- ing charcoal fire, in the mixed group of muletcers THE COOKERY OF THE RABBIT 227 goatherds and mendicants, he could possess his scul in patience and the savoury steam of the stew where his rabbit was slowly simmering in the pipkin. The pleasures of hope were tryingly prolonged, but there was ample reward in the rich fruition. As we shall remark, the rabbit is conspicuous in our literature by its absence, but we have always marvelled that we hear little or nothing of it either in ‘Don Quixote’ or ‘Gil Blas.’ We know that the Governor of Barataria was a gourmand, and the worthy Squire of the Knight- errant, with the scent of an old dog fox, was the very prince of foragers. What gastronomist can fail to sympathise with his raptures when he exultingly marked the cowheels forhisown? It was like coming on a water spring in the wastes of the Sahara. And as it is inconceivable that he never picked up rabbits en route, we can only suppose that Cervantes had a prejudice on the subject. Possibly he was surfeited with rabbits when chained to the galley oars in Bar- bary ; but we confess that that theory is on the face of it improbable. Borrow, although a militant envoy of the Bible Society, inured to hard fare and rough quarters, had a strong dash of the gourmet in the natural man. We always remember with pleasure the unfeigned enjoyment of Lavengro over the round of beef at the 2 228 THE RABBIT coaching house on the western road, when he rose like a giant refreshed at the invitation of the superstitious squire to walk away to a second dinner. Riding through the robber-haunted country from Lisbon to Madrid, he arrived at the heaven-forsaken hamlet of Pegoens. Expecting little, he was agreeably sur- prised in the miserable inn, which bore the ominous sobriquet of ‘The Hostelry of Thieves.’ ‘We hada rabbit fried, the gravy of which was delicious, and afterwards a roasted one, which was brought up on a dish entire: the hostess having first washed her hands, proceeded to tear the animal to pieces, which having accomplished, she poured over the fragments a sweet sauce. I ate heartily of both dishes, particu- larly of the last, owing perhaps to the novel and curious manner in which it was served up.’ That semi-barbarous landlady knew what she was about, for the fault of roasted rabbit is the dryness. The fatless flesh parches in the cooking like the plains of La Mancha in the summer droughts. But Pegoens is in the very heart of a desolate country, where the rabbits, sheltering from the circling birds of prey, revel near the mouths of their burrows in the fragrant undergrowth which supplies them at once with food and protection. Borrow in his character of the Romany Rye must have been skilled in the dressing THE COOKERY OF THE RABBIT 229 of the rabbit. For Mr. Petulengro and his other gypsy pals seldom take their strolls abroad without snares in their pockets: and where they bivouac the buries are laid under contribution. They have no objection to the pheasant or the fowl, but the rabbit in their mexus ranks rather above the hare, and, in fact, comes only second to the hedgehog. The rabbit followed the Saracen—or preceded him—into Sicily and Southern Italy ; for we have seen that he was imported as a foreign delicacy in the time of the old Romans. We can sympathise the more cordially with Borrow at Pegoens, that we remember a famous stew unexpectedly served to us at Calatafimi, when the Sicilian muleteer had gone on an unsuccessful foray, and came back with nothing but sausages and black bread. Fleas and mosquitos were busy that night, but, thanks to that supper, after the weary ride, sleep set them at defiance. We have seldom seen the rabbit in Naples. He was a luxury beyond the reach of the Lazzaroni, who live through the summer chiefly on water-melons, and in winter on the untempting circular fzzze, apparently less nutritious than stale ship-biscuit. But he figures ostentatiously in the Roman markets, which are even more interesting to the naturalist and the student of national tastes than to the gourmet. The descendants 230 THE RABBIT of a noble race may have degenerated, but at least they are superior to vulgar prejudices. They have laid to heart one precept of their saintly patron, for they call nothing that is edible common or unclean. Go into the Piazza Navona, or any of the other markets, of a morning, before the cooks have done bargaining for the provision of the day, and you will see as miscellaneous an assortment of viands as may be met with anywhere. Rabbits and frogs, and not unfrequently cats, rub shoulders with quails, beccaficos, and ortolans. The famous Roman dinner at the Minerva, and, still more, an improvised luncheon at some osferia in the Campagna, used to be a triumph of gastronomic license. The comparatively rare porcupine took the fas; for the Romans are as devoted to that highly flavoured dainty as the Algerians and Kabyles; but the rabbits, spitted or stewed, were always among the /ycces de résistance. The motley morning spectacle in a Roman market reminds us of a more esthetic group, elaborated by Eugene Sue in the ‘ Gourmandise’ of his ‘ Sept Péchés Capitaux.’ The Doctor Gasterini, in advocating the vice he maintains to be a virtue, leads his guest to the stall of his nephew, Léonard, the poacher. Léonard, with the inspiration of the sylvan artist, has arranged a game trophy ; the wild boar and the deer THE COOKERY OF THE RABBIT 231 are swinging from a tree trunk, and rabbits are festooned around, with wild geese, pheasants and red partridges. But the French, being a nation of cooks, have set a due value on their rabbits, and not a few of their novelists have delighted to do them honour. \ solide lapin is a title of respect, bestowed by the reckless criminal class on some truculent athlete. Sue, in the ‘ Mystéres de Paris,’ makes the ‘Lapin Blanc’ the resort of his outcasts and ruffians. The outlawed poacher Béte-puante, in his ‘Enfant Trouvé,’ snares rabbits and tenches in the swamps where he goes to earth with the foxes and badgers. George Sand refers to the rabbit frequently in her romances of the desolate Sologne. We are somewhat surprised that Dumas makes no reference to him in ‘Le Meneur de Loups,’ where he passes most sorts of game under review. That explains itself, however ; for, as ‘Thiébault hunted with a cortége of wolves, the rabbits scuttled to their burrows when they heard the pack giving tongue. Then there are the cockney or realistic novelists of France who leave the field and the forest for the city and the cooking range. The gibelotte de lapin is a standard flat at all the dourgevis restaurants of the banlieue and environs, from Boulogne to Vincennes and Enghien to Fontainebleau. Seldom is there a merry-making in Paul de Kock, Gaboriau, 232 THE RABBIT or Zola, but the hungry holiday-makers are looking out for the gide/otte. And there is the standard joke that the cat often does duty for his confrérve, when the absence of the head excites suspicion. Though that is, of course, a calumny in most cases ; for cats are less easily come by than coneys. In Belgium a profitable business is done in rabbit-breeding. Nothing except the rabbit of Spain can be superior to the wild rabbit of the Ardennes ; but the so-called Belgian hares which are reared in hutches have lost much of the savage flavour. Great pains is taken in rearing them; they are a large and very prolific variety of what is virtually a rabbit. The hutches have projecting roofs to throw off the rain and are floored with wire gratings; the rabbits are shifted twice or thrice a day; the young are soon separated from the mother, and killed under three months. Often as many as two hundred tons have been imported from Ostend in the cold season. Never- theless the meat is insipid and does not commend itself to the connoisseur. With the perfection of refrigerating chambers, the importation from Australia and New Zealand has been increasing fast. ‘That is so far satisfactory ; but the rabbit threatens to be a curse to the distressed colonists. The enterprising gentlemen who sent over here for a few couples have THE COOKERY OF THE RABBIT 233 pulled the string of an irrepressible douche bath. In the bracing climate and sandy soil, the new arrivals multiplied like fleas, and now they tell us that the supperless tramp has only to sit down quietly by the track-side for his supper to jump into his arms. And as mutton in Australasia is still almost a drug, the destructive rabbit is superfluous for home con- sumption. In England he will always find a ready market, though prices may fall with an excessive supply. There was a time, in the period of the carrier’s cart and the sailing smack, when Scotch servants and retainers struck against the rabbits, as they did against the monotony of salmon and sea- trout. Nowadays, from the most northerly shootings, regular consignments are despatched to Liverpool or Hull, to be circulated through the mining districts and the Midlands. The rabbit has become a favour- ite food of the poorer classes, and all they have to learn is more appetising variety in cookery. It is suggestive that the rabbit is scarcely men- tioned in the English novel ; except, indeed, in those moral little tales where the virtuous peasant is first seduced into evil courses by snaring a hare or netting a rabbit for a sick wife, whence he passes on to the pot-house and the prison, and possibly to the gallows, after shooting a keeper. Scott, with his broad range 234 THE RABBIT of the Buccleuch domains, made no account of such small deer, and in the caldron which Meg Merrilies cooked in the haunted Kaim of Derncleugh, there were hares and moor game, and partridges, and every- thing else but rabbits. Even Richard Jefferies, who can wax eloquent over a leg of mutton and mealy potatoes, and who must many a day have dincd off rabbit on the Wiltshire Downs, ungratefully says not a word of it in its gastronomical aspects. In fact, the only allusion we can call to mind in the whole range of English domestic fiction is when the osten- tatious and parsimonious Jawlevford tells Mr. Sponge, on his return from hunting too late for lunch, that he had missed a most excellent rabbit pie. But in the olden time, in the charters of free warren granted by the Norman and Plantagenct kings, and before the advent of the pheasant or the preservation of the partridge, when rangers, fowlers, and fishermen were always abroad questing in the woodlands and on the meres, the rabbit received special attention. Now a warren has come to mean a space of ground entirely given up to him. Then he was the smallest, but the most common, of the lesser beasts of chase. The purveyors of the great barons, who daily fed in their halls whole troops of hungry retainers, found him extremely servicvable. More- THE COOKERY OF THE RABBIT 235 over, he was what the cooks of our middle classes call a company dish. At the grand feast given at the installation of the youngest brother of ‘the King- maker’ as Archbishop of York, in 1467, 4,000 rabbits appear in the bill of fare, taking immediate precedence of as many heronshaws. Archer, in his ‘ Highways of Letters,’ describing ordinary dinners in the time of Chaucer, begins with a pottage, called ‘ buckernade,’ made of fowl or rabbit, cut up fine and stewed, as was the fashion then, with a diabolical variety of spices. The rabbit seems only to have lost caste with the change of dynasty on the demise of Queen Anne ; for the ‘rabbit tart’ was a standing dish on the table of Her gouty Majesty, who was a noted gourmande and a voracious eater. In ‘The Noble Boke of Cookry for a Prynce’s Houseolde or any other estately houseolde,’ which must have been written about the time of the great Neville banquet, rabbits are always set down in the services for the cooler months. Curiously enough, they seem generally to have been spitted—for, as we have said, a rabbit has no fat, and roasting is the worst use he can be put to. To make him tolerably succulent he must be elabo- rately basted. And no such careful basting could be practicable in the case of cooking four thousand 236 THE RABBIT simultaneously. Here are some of those venerable recipes which have historic rather than gastronomic value. “CONY ROST ‘A Conye tak and drawe him and parboile him rost him and lard him then raise his leggs and hys winges and sauce him with vinegar and powder of guinger and serue it” Or “RABETTES ROST ‘To rost rabettes tak and slay them draw them and rost them and let their heddes be in first par- boile them or ye rost them and serue thei.’ The sole alternative to the rough and ready ‘ rost ’ was the ‘cevy,’ more artistic and in every way pre- ferable. ‘Smyt them in small pieces and sethe them in good brothe put them to mynced onyons and grece and drawe a liour of brown bred and blod and seison it with venygar and cast in pouder and salt and serve it.’ For as apple sauce has always gone with goose, bread sauce with white-fleshed birds, sweet sauce or wine sauce with venison, and barberry sauce with the strong-flavoured Italian wild boar, so onions were from THE COOKERY OF THE RABBIT 237 reason than some of these other accompaniments. For the flavour of a mild onion is the complement of the modest god@/ of the rabbit, which it brings out by some recondite chemical attraction. The discoverer of the secret deserves well of posterity, though per- haps we are indebted for the sympathetic combination to stress of circumstances ; for when most vegetables were scarce with us, onions were common. Here is a good white onion sauce which, freely translated into French, might be called @ /a Soudise. Peel a dozen of onions and steep them in salt and water to blanch them. Boil in plenty of water and change it once at least ; chop them and pass them through a sieve, stir them up with melted butter, or roast the onions and pulp them. For a brown onion sauce, more prononcé in flavour. Slice large Spanish onions: brown them in butter over a slow fire, add brown gravy, pepper and salt, and butter rolled in brown flour. Skim and put in a glass of port or Burgundy with half as much ketchup ; or, according to Meg Dodds, whose hints are always invaluable, add a dessert spoonful of walnut pickle or eschalot vinegar with some essence of lemon. She has a recipe for mushroom sauce for rabbits. ‘Wash and pick a: large breakfast-cup full of small 238 THE RABBIT button-mushrooms: take off the leathery skin and stew them in veal gravy, with pepper, cayenne, mace, nutmeg, salt, and a piece of butter rolled in flour or arrowroot to thicken, as the abounding gravy of the mushrooms makes this dish need a good deal of thickening. Stew till tender, stirring them now and then, and pour the sauce over the rabbits. Those who like a high relish of mushroom may add a spoon- ful of mushroom gravy, or the mushrooms may be stewed in cream and seasoned and thickened as above.’ It is a good sauce, but, far from needing to strengthen the mushroom flavour, in our opinion it is essentially too strong. It somewhat oppresses the sweet simplicity of the rabbit, whereas, though it may seem paradoxical, currying appears to elicit it. This recipe is more suitable ; for celery is the most harmonious of all concomitants, though it does not come, like the onion, with a counterblast to provoke a piquancy :— Wash, pare and slice the sticks of celery. Blanch and boil and season with spices and pepper. Flavour the sauce with an infusion of lemon, but be niggardly with the condiments, which in excess must neutralise the flavour of the celery, not to speak of outraging the susceptibilities of the rabbit. Allusion to onions and sauces has tempted us on THE COOKERY OF THE RABBIT 239 to the ex¢rées, but in the due order of things we must turn back to the soups. For nothing does the rabbit come in more usefully than for mulligatawny : when that soup is most in request in cool weather, the rabbit is in his best condition; there is as little reason to be frugal with him as with the Ettrick Shepherd’s hare soup, and his recipe, if we remem- ber aright, was a half-dozen of hares to the tureen. Break up sundry rabbits and boil in three quarts of water with a quarter-ounce of black pepper. Be sure to add a slice or two of bacon. Skim the stock when it boils, and let it simmer for an hour anda half before straining. Fry some of the choice morsels of the rabbit with sliced onions in a stewpan; add the strained stock, skim, and, when it has simmered for three-quarters of an hour, throw in two dessert spoonfuls of curry powder, the same quantity of lightly browned flour, with salt and cayenne, and let it simmer again till the meat is thoroughly tender. A clove or two of garlic, shred and fried in butter, with a dash of lemon to taste, are decided improve- ments. N.B. Half the secret and charm of good mulli- gatawny is in the successful boiling of the rice, which ought to fall light and white and dry, like snow- flakes in frost or manna in the wilderness, The rice 240 THE RABBIT after boiling should be drained and dried before the fire in a sieve reversed. As simple game soup, carve the rabbits carefully and fry with bacon, onions, carrots, &c. Drain and stew for an hour in beef stock, with celery and minced parsley. Small pieces of the rabbits may be fried and stewed in the broth. As we have seen, there were no rabbits in Meg Merrilies’ caldron, but her namesake, Meg Dodds, gives a capital recipe for what she calls Poachers’ Soup, or Soupe 4 la Meg Merrilies, for which rabbits may be used as well as anything else. Meg ‘does not say whether it was the dish invented by M. Florence, chef to the Duke of Buccleuch, and served at Bowhill in honour of the author of ‘Waverley.’ ‘This savoury and highly relishing new stew soup may be made of anything or everything known by the name of game. Take from two to four pounds of the trimmings or coarse parts of venison, shin of beef, or shanks or lean scrag of good mutton, all fresh. Break the bones and boil this with a couple of carrots and turnips, four onions, a bunch of parsley and a quarter-ounce of peppercorns. Strain this stock when it has boiled for three hours. Cut down and skin a blackcock, a pheasant, half a hare or a rabbit, &c., THE COOKERY OF THE RABBIT 241 and season the pieces with mixed spices. These may be floured and browned in the frying-pan, but as this is a process dictated by the eye as much as the palate, it is not necessary in this soup. Put the game to the strained stock with a dozen of small onions, a couple of heads of celery sliced, half a dozen peeled potatoes, and, when it boils, a small white cabbage quartered, black pepper, allspice and salt to taste. Let the soup sinimer till the game is tender but not overdone.’ The soup may be coloured and flavoured with red wine and a couple of spoonfuis of mushroom ketchup. It is an admirable dish for the gypsies of Dern- cleugh or the phenomenal gourmands of the MWoctes Ambrosiane, but obviously far too solid for the foundation of a refined banquet. So we suspect that M. Florence’s rendering was a more sublimated ver- sion of the original, although he catered for salmon- fishers, shooters and coursers. We have said that roasting is the worst use to which you can put a rabbit, and we repeat it. But if you will roast, see that the rabbit is well basted. Skin and draw, leaving the ears ; dip them in boiling water and scrape off the hairs ; pick out the eyes ; cut off the feet ; wash in cold water and dry with a cloth, and cut the sinews at the back of the hind R 242 THE RABBIT quarters and below the fore-legs. Prepare some savoury stuffing and fill the inside ; then draw the lugs under, set the head between the shoulders and stick a skewer through them, passing through the neck ; run another skewer through the fore-legs, to be gathered up under the haunches; take string, double it, place the middle in the breast, and carry both ends over the skewer ; cross the string on both sides, and fasten it. Spit and roast for an hour before a brisk fire, constantly basting with fresh dripping. Five minutes before serving dredge with flour and baste with fresh butter. When the rabbit has been richly browned, remove the string and skewers, dish it, and serve with brown gravy. For boiling, rabbits should be trussed neatly and boiled slowly. It is far better to overdo than to underdo, and they will take a full hour, unless very young and tender. They will be none the worse for an addition in the boiling of some suet and slices of lemon. To fry them, they are first cut up and done slowly in butter with sage and dried parsley. The liver may be crushed in a parsley sauce, and the parsley which the rabbit loved in life should be fried and strewed around him when he is sent to table. A variation is rabbit awa fines herbes. ‘Carve two plump young rabbits, and fry the THE COOKERY OF THE RABBIT 243 pieces in butter with grated bacon and a handful of chopped mushrooms, parsley and eschalot, with salt and pepper. Boil a teaspoonful of flour with a little consummé, and pour into the stew-pan with the rabbits. Stew siowly ; skin and strain the sauce and serve it on the rabbits with lemon and cayenne.’ A faint suspicion of garlic improves all these dishes. There is no better way of disposing of rabbits than smother- ing. ‘Truss and boil and smother in creamy onion sauce. Mrs. Dodds tells us that in Scotland they used to be smothered in an onion sauce made with clear gravy instead of melted butter, and that, if the dish looked less attractive, it was equally good. Whether rabbits are boiled to be smothered or boiled to be served au naturel, the essential is that the boil- ing should be as slow as possible and finished leisurely in front of the fire. Rabbit curry is always capital, and, if economy is to be considered, the fragments of former dishes may be utilised. The great thing is to make sure of good stock, and the cook’s skill is shown in suiting the seasoning to the palates of those who are to partake. Tastes vary ; but it is obvious enough that the savour of the rabbit should not be swamped in too fiery a dressing. The cut meat is fried in butter with sliced Portugal onions over a quick fire. The artist R2 244 THE RABBIT must of course pay attention to the colouring, which ought to be soft Vandyke brown or glowing amber. When the colouring is achieved, add a pint of the stock, let it simmer for a quarter of an hour, throw in the curry powder with a spoonful of flour, and stir them into the sauce. When the curry is ready add another glass of cream, with a strong squeeze of thelemon. A clove of mild garlic will not be out of place, and for Indians who prefer a curry strongly spiced add a few capsicums or a lively chili. Mr. Jawleyford was not far wrong in his praise of a good pie, but much of the excellence depends on a judicious use of adjuncts. Mushrooms are almost indispensable, and even the freshest truffles are not wasted. Slices of egg are a decided improvement, and some people advocate forcemeat balls, though that is more open to question. At any rate, there can be no doubt about eschalots, anchovies, or Norwegian sprats. with butter or shred suet. But, above all, the pie should be paved with slices of fat bacon, and bacon should be interpolated through the pieces of rabbit. Strain the gravy, which should be boiled to a jelly. Crown with a rich puff-paste, and bake the pie according to size. Patties follow pie in natural sequence, and they make a convenient ev/rée for the economical housekeeper. Mince the best THE COOKERY OF THE RALBBIT 245 parts of cold rabbits with some fine-shred suet. Get some good gravy, thicken with butter and flour, and season to taste with the inevitable lemon juice. Add a little claret or port—though the strictly economical may dispense with that—and a dash of chili or tarragon vinegar. Stewthe mince and fill the patties, which had best be baked empty. Boudins de Richelieu probably owe their name to the voué lover of the Duchesse de Berri, one of the volatile daughters of the Regent Orleans. Riche- lieu was as great, though scarcely so scientific, a gourmet as the Regent, who was as much at home in his kitchens as in his chemical laboratory ; and the lady, by the way, is said to have prided herself on having devised the delicate filets de dapereau. The boudins are made of a forcemeat of rabbit beaten up with grated potatoes. Dressed onions or chopped mushrooms must be mixed with the stuffing. The forcemeat is rolled up in small sausages, then it is boiled or baked and served with brown sauce. It is the more probable that Richelieu invented these boudins, that the dish survives in the French saute cuisine, and is the only form of the rabbit in cookery which Dubois condescends to notice in his portly volume de luxe. Possibly Dubois may have descended from the disreputable Abbé and Cardinal who was 246 THI RABBIT the Regent’s dme damné. Dubois gives the recipe with a purée of chestnuts, and prefaces it thus: ‘ This is a forcemeat ex/rée, pleasant, good, and offering great resources when the shooting season is over. With care it can be rendered @stingué and elegant. ‘Forcemeat made of young rabbits must be pre- pared in the same proportions as that of the pheasant ; it must be worked for a few minutes with a spoon and a little melted glaze introduced, with a few table- spoonfuls of pickled tongue cut in the shape of very small dice. It is divided in pieces of the size of an egg, which are to fall on the floured table and be rolled with the hand so as to give them an oval form of the size of a cutlet’ N.B.—Mrs. Dodds gives the counsel of perfection, that the évwdins should be rolled with a knife. ‘These doudins are ranged in a saitotr, so as to poach them in boiling, salted water ; as soon as they are become firm, they are drained and trimmed in an oval form and bread-crumbed. Some clarified butter is warmed in a saztvir, the foudins ranged on its surface and coloured on a sharp fire, turning them at the same time. When fried to a nice colour, they are drained and dished in a circular order round a pyramid of chestnut jz7ée. A sauceboat of reduced espagnole is served at the same time.’ THE COOKERY OF THE RABBIT 247 For cream of rabbit, the meat is pounded to a pulp in a mortar, passed through a sieve, then worked up with the yolks of several eggs, a gill of rich cream, seasoned with pepper, salt and nutmeg. When the blend is perfectly smooth, butter a mould, arrange thin slices of truffles at the bottom ; then put in the mixture, which should barely fill half the mould ; tie paper on the top ; place the mould in boiling water and steam it for anhour anda half. Serve with truffle sauce, or, failing truffles, with tomatoes. For Rabbit mould, make a case of paste in a mould of flour and water ; line the mould with it, fill up with dry flour and put it in the oven to brown ; leave it in the shape till cold, then turn it out. Remove the dry flour and egg the outside. Cut up a young rabbit or two; stew in gravy with a little onion and a few cloves till the gravy is thick ; when ready heat the case in the oven ; turn the stew into the shape, and dish on a napkin. For Cutlets.—Cut out the fillets from the backs of two rabbits ; cut each in halves and shape as cutlets, season with salt and pepper. Stick a morsel of rib into the end of each ; egg and bread-crumb them ; fry them to a bright brown and serve with sauce to taste. Slices of bacon or ham should be sandwiched between the pieces of rabbit, and asparagus tops, 248 THE RALBIT mushrooms, or other vegetables may be served in the centre. Mrs. Henry Reeve, in her judicious work on Cookery, gives an American recipe for barbecuing :-— ‘Clean and wash the rabbit, which must be plump and young, and having opened it all the way on the under side, lay it flat, with a small plate to keep it down in salted water for half an hour. Wipe dry and broil whole, with the exception of the head, when you have gashed across the backbone in eight or ten places, that the heat may penetrate this, the thickest part. The fire should be hot and clear, the rabbit turned often. When browned and tender, lay upon a very hot dish, pepper and salt and butter profusely, turning the rabbit over and over to soak up the melted butter. Cover, and set in the oven for five minutes, and heat in a tin cup two tablespoonfuls of vinegar seasoned with one of made mustard. Anoint the hot rabbit weil with this, cover and send to table garnished with crisp parsley.’ Finally, the head is not to be neglected. It contains a variety of delicate picking, and gives light, desultory occupation to a wayward appetite. INDEX ACCIDENTS, 103, 104 Acorns, good winter food, 35, 36 | Acre, number of rabbits to the, 64, 65, 71, 72, 74 4Elian, on rabbits in Spain, 3 Age of wild rabbit, 12 Agreements when void, 195 in writing, 211 Agricultural labourers, 177~178 Ailments and diseases, 46 Alken, Sam, 75 Amberite, 123 Anne, Queen, and rabbit pie, 194~ 235 Antiquity of rabbit in England, 1 Arboreal habits, 27 Ardennes, rabbits in the, 232 Arrest, right to, 165 Asafcetida, 148 Ascending trees, 27 Assault by poacher, 167 Assheton Smith, G. W., 16 Australia, rabbits in, 232 Austrian pine, 33 Authority in writing, 181, 183 35 form of, 189 53 production of, 189 BADGER, 39; 77 Badminton, Gloucestershire, 33 Bags, good shooting, 114-115 » good hawking, 220 | Banks, Eustace, on rabbit biting, 23 Barbecued rabbit, 248 Barrington, R. M., on rabbit’s mode of feeding, 6 Beagles for rabbiting, 109-113 Beasts and fowls of warren, 1, 53> 54 Belgian hare, or leporine, 17, 18, 19, 232 Belgium, rabbit breeding in, 232 Bells for ferrets, 93 Berri, Duchesse de, 245 Biting when wounded, 22, 23 Black wild rabbits, 16 Boiling rabbits, 242 Bolting rabbits, 89, 147-149, 152 s, in sandhills, 37 Borrow, on rabbits in Spain, 228 Bosworth Park, Leicester, 16 Boundary walls, 66 Boyle’s Court, Essex, 16 Boynton, Sir Henry, hawking, 220 Bradgate Park, rabbit-shooting in, 114 Brander, J. Dunbar, trap, 134 Breeding, 8, 10 3 aboveground, 9 55 in a scarecrow, 10 in-and-in, 46 Brooke, Sir Victor, rabbit- shoot- ing, 114 rabbit 250 THE RABBIT Bullets for rabbit rifle, 124 Burrows, artificial, 61 distribution warren, 63 Bushing, 153-154 Butler, Lieut. -Col., trap, 134-135 Buzzards partial to rabbits, 44 Byles, Mr. Justice, on search and seizure, 169 of, in ” CARRYING young in mouth, 10, 20, 21 Cases cited Allen 7. Thompson, 209 Allhusen v. Brooking, 202 Barrington’s case, 53 Beauchamp v. Winn, 55 Bevan v. Hopkinson, 58, 167 Boraston v7. Green, 183 Cameron v. Drummond, 177 Campbell v. Hadley, 202 Carnarvon w. Clarkson, 56, 178, 203 Carter Wood v. Rule, 184 Clarke v. Crowder, 170 Cooper v. Marshall, 190 Devonshire v. Lodge, 54 Gibbs’s case, 187 Gosling v. Brown, 201 Greenslade v. Tapscott, 183 Griffiths v. Puleston, 183 Ilassard 7, Clark, 202 Hicks @. Smith, 195 Hobbs wv. Symons, 153 Horn 7. Raine, 168 Inglis 7. Moir’s Tutors, 177 Lunt #. Hill, 184 McMahon v. Hannon, 206 Morden 7. Porter, 165 Morgan v. Jackson, 196 Padwick v7. King, 164 Protheroe v. Matthews, 161 i Pryce vw. Davies, 165 Rashleigh v. Veale, 178 | [teade 7. Whitmore, 210 Regina v. Garratt, 58 ! Regina v. North Curry, 186 | Regina v. Pratt, 163 i Regina v. Townley, 168 Saunders v. Pitfield, 207 Smith 2. Brand, 177 | Smith 7 Hunt, 130, 183, | 203, 206 i Spicer v, Barnard, 164 i Stuart 7. Murray, 186 ! Taylor 7. Bradley, 188 : Vere v. Lord Cawdor, 161 Watkin vw, Major, 160, 190 Catapult, not a gun, 201 Cats poaching, 41, 42, 77, $1 », suckling young rabbits, 43 >> in burrows, 42 Celery with boiled rabbit, 238 Chamberlain, G. M., on weight of wild rabbit, 14 Charges, light, for covert shoot- ing, 109 Christmas Day, shooting illegal on, 208 Claim of right, 160 Climbing trees, 27 Close-time for rabbits advocated, 10, II, 95 for hares in Ireland, 208 Canurus pistformts, 49 Coke on beasts and fowls of warren, 53 Commoner not an occupier, 190 Common-rights, 160-161, 189 Compensation for damage hy ground game, 176 Condition of young at birth, 8 | Coney, 4 » bi the rock, + o rost, 236, 241 ” Coney-close, 51 Coney-garth, 51 Coneys, so styled in game laws, 159 Cookery of the rabbit, 222 Coping ferrets, 87 Cordeaux, John, on young above- ground, 9 Corsican pine, 33 Couch’s ‘ Illustrations of In- stinct,’ 21 Covert for warren, 66 Covert-shooting, 107—109 Crab dislodging rabbit, 37 Craigincat, Perthshire, 22 Crows and ravens, 45, 46 Curry of rabbit, 243 Cutlets of rabbit, 247 DamacE by ground game, 176 Day defined, 159 Defence of young, 20, 21, 23, 39 De Grey, Lord, rabbit shooting, 114 Demesne lands, 55 Dentition, 5 Detention in custody, 165 Deterioration of warrens, 74 Difference between rabbit and hare, 5 Diseases of rabbits, 46, 63 Distemper in ferrets, 91 Dog chasing game, 161 >, hunting in warren, 161 5, liability for shooting, 161 »» Spreading disease, 48 Domesticated wild rabbits, 12 Downland, under Ground Game Act, 192-193 EAGLES preying on rabbits, 44 Egg-stealing, 157 Eley, Charles, rabbit-shooting, 114 INDEX 251 Elwes, II. J., on warrens, 73 Enteric fever, 46 FaGGot-HeEaps for shelter, 63 Feathered foes, 44 Fecundity of wild rabbit, 8, 8 3 Feeding, mode of, 6 | Fencing, 34, 35, 66-68 Ferret, introduced by Romans, 1,3 » origin of name, 82; management of, 84 ; transport of, 7 weight, 84; breed- ing of, 86 ; muzzling, 87; homing instinct, 89; feeding, 85, 91; handling, 92; work- ing, 92 Ferreting, 82-94 by owner and oc- cupier, 209 as by poachers, 152 a5 hints on, 92, 93 Field mice, 79 Filaria pulmonalis, 47 Florence, chef to the Duke of Buccleuch, 241 Fold-nets, 75 Food, choice of, 28 >» in winter, 35 Foot-rot in ferrets, 84, 92 Fox, 39, 67, 77, 80, 111 Franchises and Charters override Ground Game Act, 202 Frederick II. of Germany em- ploying ferrets in 1245, 83 Free-warren, right of, explained, 52—58, 161, 167 French novelists on the rabbit, 231 Fréres Provengaux, 222 Fuses for bolting rabbits, 149 ”» 252 GAME-LAWS, 158-171 Game-licences Act, 1860, 199 Gas-lime, 47, 64, 73 Genghis Khan, employing fer- rets in 1221, 82 Gestation, in rabbit, 8 in ferret, 8 Gin, origin of name, 127 >» Various patterns of, 128-129 », use of, controlled by statute, 130 Gonzales Zarco, the rabbits of, 15 Goshawk a good rabbit-catcher, 5 Ae trained to take rabbits, 213-221 le how caught, 215 “ how trained, 215-216 99 good bags, 219, 220 Grazing under Ground Game Act, 190-191 >, outside warren, 67-68 Grey, Lord de, rabbit-shooting, 114 Ground game defined, 206 Ground Game Act, 172-209 ai its object ex- plained, 181 os its sections examined, 181-209 Gun, definition of, 201 Gun-Licence Act, 1870, 200-202 171, Hanits of hares and rabbits, 7 = in covert, 107, 108 », of pheasants contrasted, 107 Handa, Isle of, rabbits on, 16 Ilarcourt, Sir W., views on Ground Game Act, 195-196, 204-205 Hare and Rabbit compared, 5 THE RABBIT ' IIares Act, 1848, 207 | », Preservation Act, 1892, 208 », close time for in Ireland, 208 ,, killed by owners and oc- cupiers without licence, 199 Hartshorn, Salopia antigua, 52 Hawker, Col., 27 Hawking rabbits with goshawk, 213-221 53 does not drivé away game, 218 Hedgehog, trap for, 135 Hedges, ownership of, 161-162 5) crossing to ferret rab- bits, 163 Higglers and general dealers, 156 », notable conviction of, 157 Ilighroad, shooting on, 162 Hits and misses, 109 ‘Hob’ and ‘ jill,’ 92 Holding over by tenant, 182 Holland’s 250 rifle for rabbits, 123 Ifoming instinct in ferrets, 89 Howard, Lord W., ferreting in Cumberland in 1621, 83 Humane traps, 131, 133, 134 Hutches for ferrets, 91 Hydatids, 48, 49 INFORMATION, laying an, 159 Inhumanity of traps, 131 Inishtrahull, rabbits on Isle of, 1 Interbreeding, 17 Introduction of Romans, 1, 82 Ireland, close time for hares in, 208 Islands, rabbits on, 14, 15 rabbit by INDEX 253 Je¥FERIES, Richard, on poach- | Martial, on rabbit-burrows, 4 ing, 150-151 3 234 Jesses, 216 «Jill? and ‘hob,’ 92 Joint tenants under Ground Game Act, 183 LARCENY Act, 52, 57, 158, 167 Laver, H., on ‘silver-greys,’ 16 Leases prior to Ground Game Act, 201 Leche, J. H., on small warrens, 69-71 Lee, R. B., on cats in burrows, 42 Legal proceedings, who may institute, 207, 211 Leporine, or Belgian hare, 17, 18, 19 Lescher, Joseph, 16 Letting shooting, conditions to be observed, 208-209 Licence to deal in game, 157 », toshoot rabbits, 197-199 >, When forfeited, 164 Limbs, relative length of, 7 Lime dressing, 47, 64 Litters, number of, in year, 8 Lloyd Price, J. R., on warrens, 63, 64, 68, 74, 113 on wire snare, 134 Lucas, ‘2 B., on rabbit-shooting at Bradgate Park, 115 Lyme Park, Cheshire, 16 MapEIRA, rabbits of, 15 Maladies, 46 Malformed teeth, 6 Mange in ferrets, gI Manwood, ‘Lawes ofthe Forest,’ 53, 55 55 on beasts and fowls of warren, 53 Market price of rabbits, 71 Maternal instinct, 20, 45 Maxwell, Sir H., on rabbit- -proof shrubs, 30 Megnin, P., on parasitic worms, 48 Meuses, 154 | Mice, kept down by weasels, 79 Millais, J. G., on rabbit swim- ming, 26 Misses and hits, 109 Moony, E. S., on rabbit biting, 22 Moorlands, under Ground Game acl, 191-193 Morant, on_ profitable farming, 72, 73, 74 Mortality, causes of, 46 Mouchers, 155 Mushroom sauce for rabbits, 237 rabbit ' Muzzling and coping ferrets, 87 Navin, II. D., on cat suckling rabbits, 43 Naples, rabbits rare in, 229 Natural enemies, 38, 44, 77 Nets, 137-146 5, fold-nets, 75 »» with ferrets, 138 5, long-nets, 138-141, 168 >» gate-nets, 142, 155 », purse-nets, 142, 154 5, sheet-nets, 142 »» SpYing-nets, 76 », drop-down-nets, 143 », Warren’s patent, 143 Denman’s wire net, 146 Netting rides, 107 Neville, Archbishop of York, 235 New Zealand, rabbits in, 232 Night defined, 159, 166 5, poaching, 166-167, 170 © Norfolk hare,’ 224 153, 254 Oats, “crushed, as winter food for rabbits, 37 “Occupiers’ under Ground Game Act, 174- 175, 182, 193 ne of more than one farm, 187 » letlingsporting rights, 196-197 Odd shots, 117 Old hay best winter food, 35 Old rabbits distinguished from young, II, 12 Onions with rabbit, 237 Ostend rabbits, 232 Overstocking, 46, 65 Owls and young rabbits, 45 ‘Owners’ under Ground Game Act, 173, 183 Owners in occupation, 183, 202— 203, 207 PatmeER, Dr. T. S., on rabbits of United States, 50 Paraffin, 147 Parasitic worms, 47 Paston Letters, 51 Pasture, effect of rabbits on, 72 Payne-Gallwey, Sir R., on rabbit nets, 139 Pheasants versis fowls, 223 Pickering, W. C., three rabbits with one bullet, 125 Pie, rabbit, 244 Pines attacked by rabbits, 32, 33 listol, licence required for, 201 Pitfalls, 76, 134 Pliny’s notice of rabbit, 1, 3 Poachers’ ferrets, 152 Poaching, 150-172 Poaching Prevention Act, 158, 169-171 Poison illegal, 188, 202 Polecat, 77, 83, 86 THE RABBIT Potage, 222 Prices at market, 71, 77 Professional rabbit-killer, 185- 187 appointment of, 187 form of appoint- ment, 188 pre duction of autho- rity, 189 Profit and loss in a warren, 65, 71,73 ” ” ” | Promplorium parvulorum, 4, 51 ; Pulmonary tuberculosis, 47 | | Purchaser of standing crop, not an occupier, 183 QUESTIONS not judicially de- termined, 184, 189, 192 RaBBiTs not vermin, 200 Rabette, original signification of, 4 Rabettes, rost, 236 Rache, a hound hunting by scent, 4 Rats, 39, 40, 77, 81, 135 Raven, attacking rabbit, 46 Reservation of game and rab- bits, 164 Resident on land defined, 185 Responsibilities of a shooting- host, 104 Retrievers, 105-106 Reynard the fox, 83 Richard II., legislation as to ferrets, 83 Richelieu, boudins de, 245, 246 Rifles for rabbit-shooting, 121- 123 Right to kill rabbits, 164 Riley, John, rabbit hawking, with goshawk, 220 Ringed plover, 121 Riote, meaning of the word, 4 INDEX Rolleston on skulls of hare and rabbit, 5 Roman markets, rabbits in, 225, 229-230 Roman-Spanish hunt, 82 Romanes, G. J., on animal in- stinct, 89 Russell’s ‘ Book of Nurture,‘ 4 SALT and lime dressing, 47, 64, 73 Saltee and Keragh Islands, rabbits on, 16 Schoolboys rabbitihg at Christ- mas, 96 Scouring, 46 Search, right to, 165 Seizure of game, 166, 170 Selby, H., on rabbit biting, 22 Shepherds poaching, 156 Shirley’s Deer Parks, 33 Shooting, 95-125 » in covert, 95, 97 a on commons, 95, 98 Pe in hedgerows, 97 35 in standing corn, 97~98 sa with spaniels, 98, 102, 105 55 with beagles, 109-113 as on sand hills, 120 a in cliffs, 120 +9 with rifle, 121, 125 5 on highroad, 162 5 without licence, 163 5 ground game by night, 203 Shooting-tenants under Ground Game Act, 173, 176 Shots, curious, 117-118, 125 », rabbit and hare, 118 », rabbit and grouse, 118 5, Yabbit and snipe, 118 Shrubs, destruction of, 28 », rabbit proof, 29, 30 255 Shrubs, to stand drip of trees, 31 Silver-greys, 17 Simpson J. (of Wortley) on rabbit biting, 23 7 on acorns for winter feeding, 35 +5 on rabbit trap-fence, 68, 77 #5 on warrens, 60, 65, 73 Size and weight, 13, 14, 15, 36 Smearing, 33, 34 Snares, 136-137, 152 >, set on Sunday, 209 Soil for warren, 60 Soup of rabbit, 239 », mulligatawny, 239 +» poacher’s, 240 Southam, W., on young above- ground, 9 Spain, rabbits in, 225, 226 », cooking in, 228 Spaniels for rabbit-shooting, 105 Speed of rabbit and hare, com- pared, 23, 24 Spencer Cobbold, T., on tape- worms and entozoa, 48, 49 Spirits of tar, 148 Spring-nets, 75, 76 Spring-traps, 202 206 Stamford, Lord, rabbit shoot- ing 114-115 Standing crop, purchaser of, not an occupier, 183 Stiles, Dr. C. W., on tape- worms in rabbits, 50 Stoat, 20, 38, 41, 77, 79 Stonechat, 98 Stopping out, 146-147 Stops, 107 Stormonth-Darling, Lord, deci- sion vé vermin, 200 Strabo, on rabbit in Spain, 2 256 Strabo, on rabbit in Balearic | Isles, 2 Strouglius commutatus, 47 Sub-letting by tenant, 182, 195- 196 Sulphur not recommended, 148 Summonses, 160 Sunday, shooting illegal 208 Sweat in ferrets, 84, 91 Swimming, 25-26 on, TENL1 SERRATA, 49, 50 Tail, use of white, 7 Tainled ground, 46, 63, 64 Tape-worms, 48, 49, 50 Teeth, malformation of, 6 Tenterden, Lord, on free-warren, 54 Terriers, 102, 137 Tipes, or lip-traps, 75, 76 Transport of ferrets, 88 Trap for stoat, 78 Trap-fence, 68, 77 Trapping, 126-131 Trespass, by day, 159 re by night, 166 » in pursuit of game, 163 Tuberculosis, pulmonary, 46, 47 Tuberculous liver, 46 Tumours, 48, 49 Turning down tame rabbits, ob- jection to, 14, 15 Typhoid fever, 46 VARIETIES, 16 Varro on the rabbit, 4 Vaynol, North Wales, 16 Vermin trapping, 79 THE RABBIT Vermin, rabbits not, 200 Void agreements, 194-195 Voles killed by weasels, $0 WARREN, 51-81 5 free, 52 a formation of, 59 a soil for, 60 35 artifAcial burrows, 61 aa draining, 62 i fencing, 66 deterioration of, 74 Warrender, G. 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