The leave and licence1 of the occupier of the land is a valid defence to a charge of trespassing in the daytime in search or pursuit of game, woodcock, snipe or rabbits2 when the occupier is the person having the right to the game3, but the act must be strictly within the terms of the leave or licence4.
When, however, the right to the game has been reserved, the holder of that right is the legal occupier for the purpose of granting leave or licence to enter in search or pursuit of game, woodcock, snipe or rabbits, and the actual
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