76 BIKD-LIFE OF THE BORDERS. 



contra vy to known facts. The province of science is 

 surely to teach, to make clear, not to mistify by confusing 

 exceptions with rules, rules with exceptions. The legisla- 

 tion in question is a sad story of ignorance, prejudice, and 

 bungling, but little in harmony with the broad lights of 

 ornithological knowledge of the present day. 



I cannot help thinking that into this question a degree of 

 credulity has been imported, which in all other cases is 

 wholly discountenanced ; and evidence is accepted which an 

 unbiassed mind would at once dismiss as valueless. Thus a 

 fictitious importance has been attached to chance appearances 

 in summer of any of the Arctic-breeding fowl — ignoring the 

 wide difference between the Arctic calendar and our own. 

 Here, April is the nesting-season ; there, July. Then there 

 are several species of the duck-tribe which certainly do not 

 breed at all in their first year : and the young (immature) 

 birds of such species sometimes remain here throughout the 

 summer. We liave Scoters, for example, on the north-east 

 coast all the year round, but it would be absurd to conclude 

 therefrom that the Scoter will ever breed here. It should be 

 borne in mind that no amount of probabilities establish a fact ; 

 but, on the other hand, it may fairly be pointed out that the 

 young of many of the ducks, &c., differ so materially from the 

 adults that, even if obtained, they might not be recognized, or 

 be mistaken by many sportsmen for the commoner kinds. 



Of the duck-tribe, the only kinds I can myself record 

 during August, excepting of course the Common Mallard and 

 Teal, are single occurrences of the Tufted Duck and the 

 Shoveller. My brother shot a female Shoveller on Aug. 12, 

 1877, on a small rushy lough near the coast ; and, though I 

 did not actually obtain the Tufted Duck (which escaped, 

 broken-winged, by diving), have no doubt as to the species. 

 Both these ducks are known to breed in Northumberland. 



Several of the strictly summer birds remain in the moor- 

 land districts till the end of August, or later. The Cuckoos 

 have disappeared, except perhaps a few newly-fledged young 

 ones ; but Nightjars still skulk in the heaviest brackens or 

 long shaggy heather, especially among rocks, and are seldom 

 disturbed, as game avoid such places. Hence they are often 



