72 



BIRD NOTES AND NEWS. 



first bees of spring. If it be once granted that a 

 gardener, properly defined, is a man or woman 

 with a protector's right over all that frequents a 

 garden, it is a permissible extension of his duties 

 to fix to the trunks of his trees nesting boxes for 

 his birds. He will so be able to enjoy the closer 

 appreciation of the pansy colours of the Titmice." 



IN THE COURTS. 



Publication of Notices.— A decision of con- 

 siderable importance in the case of prosecutions 

 under the Wild Birds Protection Acts was given in 

 the King's Bench Division on April 22nd, 1907, by 

 Lord Chief Justices Darling and Phillimore. The 

 original charge was one heard by the Barnstaple 

 Bench on September 30th, 1906, when William 

 Knill and Alfred Richards were summoned for 

 having five Goldfinches in their possession, con- 

 trary to the provisions of the Devonshire Bird 

 Protection Order. The case whs dismissed on the 

 ground that it was not proved that notices of the 

 Order had been published. The Court now 

 decided that there was nothing in the section 

 to justify the contention that such proof was neces- 

 sary, and sent the case back to the Justices, with 

 directions to hear and determine. 



Poisoned Grain.— At Fakenham, Norfolk, on 

 April 30th, Robert Bullen, of Great Ryburgh, des- 

 cribed as a vermin-killer and professional poisoner 

 of birds, was summoned by the R.SP.C.A. for 

 laying poisoned grain on three farms, and three 

 farmers were summoned for causing or allowing 

 the offence. Bullen's practice was to decoy the 

 birds by feeding them, and then to give them 

 poisoned grain, with the result in one instance that 

 a barrow-load of dead birds of all kinds was picked 

 up on the following morning. Bullen said he had 

 carried on the business for twenty-five years and 

 had never been summoned before. Evidence stated 

 that the amount of strychnine used would have 

 proved very dangerous to a human being eating 

 the birds, and would have meant death to a dog. 

 In default of paying a fine of £1 and costs he was 

 sent to prison for fourteen days, and the farmers 

 were fined 5s. each, with costs ranging from 

 iSs. 8d. to 23s. 8d. 



Selling Partridges in Close Time.— A 

 prosecution, instituted by the Field Sports' Protec- 

 tion and Encouragement Association, was heard 

 at Highgate on April 10th resulting in the conviction 

 of Adolph vluller, licensed game-dealer, for selling- 

 live partridges in the close time. The case was 

 taken under the Act 1 & 2, Will. IV., 1831, in 

 order to test the legality of selling Hungarian 

 Partridges in England during the close season. 



BlRDCATCHING.— At Kingston County Bench, 

 on May 23rd, two Bethnal Green birdcatchers were 

 fined 8s. each for having 14 Chaffinches in their 

 possession at Oxshott. Supt. Marks said the 

 county was overrun by birdcatchers, and the 

 Chairman stated that it was the intention of the 



Bench to confiscate all apparatus found on men 

 who were brought before them. In the present 

 case the decoy bird was well cared for, and the im- 

 prisoned birds were liberated. — At East Ham, on 

 April 2nd, Albert Parrish, of Stratford, was fined 

 10s. and 7s. costs for using nets, and 20s. and 7s. 

 costs for cruelty to decoys. The call-bird, a 

 Titlark, died from ill-treatment. Nets and four 

 decoys were confiscated. (It was stated that the 

 police had spent 5UI. on the birds' keep, but the 

 Magistrate promised that this should not fall on 

 the rates.)— At the Victoria Courts, Birmingham, on 

 May 23rd, Charles Flint was fined 2s. 6d., and 

 costs, for cruelty to a decoy Linnet. Defendant 

 urged that he had only caught one Linnet, "and 

 they didn't get much for them ; there were no 

 Larks about." — At Leicester, on May 12th, a man 

 was fined 9s. 6d. for taking 50 young Rooks, and 

 five others were convicted of similar offences. 



COUNTY COUNCIL ORDERS. 



Cambridge. May 18th, 1907. E.F. Protects the 

 Great Bustard, Goldfinch, Kingfisher, and Owl (all 

 species), throughout the year. Prohibits the taking 

 of all eggs in Wicken Sedge Fen for three years 

 from date of Order. By the previous Order only 

 the Goldfinch was protected beyond close time. 



Kent. May 22nd, 1907. B.C.E.F.S. Close 

 time, except for common Wild Duck, extended to 

 September 1st, inclusive. In other respects, mainly 

 a renewal of the Order of 1902. Adds to the list 

 of birds protected all the year, the Peregrine, 

 Hoopoe, Golden Oriole, Lesser Redpoll and 

 Spoonbill. Adds the Lesser Redpoll to the 

 Schedule and protects its eggs throughout the 

 county. Protects the eggs of Hoopoe and Golden 

 Oriole within as well as without the M.P. D. 



Monmouth. May 27th, 1907. E.F. Goldfinch 

 and Kingfisher protected throughout the year, and 

 their eggs for a period of two years. Renewal of 

 former Order. 



Yorkshire (N. Riding)- June roth, 1907. 

 A (b). C. Same Order as that of 1906, but prohibits 

 killing of birds all the year on sands and shore 

 within the Port of Whitby as well as within 

 Borough of Scarborough. 



Zetland. April 17th, 1907. D. Exempts 

 from the provisions of the Act of 1880, the Lesser 

 Black-backed Gull, Herring Gull, Cormorant and 

 Shagr. 



Bird Notes and News (issued quarterly) will be 

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 in advance ; single numbers, 3d. 



To Members of the Society subscribing 5s. and 

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 free. 



Printed by Witherby & Co., 326, High Holborn, W.C., and 

 published by the Royal Society for the Protection of Birds, 

 3, Hanover Square, London, W. 



