8 THE SCOTTISH NATURALIST 



counties in the former country, while Scotland has been 

 divided into a northern and a southern division, and a 

 uniform list of scheduled birds drawn up for the whole 

 of each area, on the advice of an expert ornithologist. 



(3) The difficulty in enforcing its provisions, owing 

 largely to the police having no power to search the suspect, 

 or to seize the specimen, and no authority to go on private 

 land. Moreover, the police have usually no expert 

 knowledge of birds. 



(4) The difficulty in prohibiting Sunday shooting in 

 England, owing to the interpretation of the Act of 1880 

 by the Secretary of State on behalf of that country. 



The simplification of the present state of the law 

 regarding bird protection is a most important point. Under 

 the Committee's recommendation this would be attained by 

 a new Act, which would supersede all former Acts and 

 Orders, would apply compulsorily to the whole country, and 

 would produce a state of uniformity in bird protection which 

 has not hitherto been achieved in our islands. 



The first point the Committee had to decide was 

 whether to recommend a modification of the present system, 

 which is to name the birds specially protected and leave 

 unprotected any not specifically mentioned, or to protect 

 all birds except certain very common and harmful species 

 named in a " black list." After much deliberation they 

 decided, very wisely we think, on the former course 

 of action. 



The Committee consider as essential ; 



(i) The "protection of all birds during the breeding 

 season, which, in our opinion, might properly be from the 

 first day of March to the first day of September inclusive, 

 subject to the right of an owner or occupier of land, or 

 person authorised by him in writing, to take on such land 

 any bird, except birds in schedule A and B below, injurious 

 to his interests." 



(2) " Absolute protection of birds in a schedule A 

 during the breeding season." 



(3) " Absolute protection of birds in a schedule B all 

 the year round." 



