48 



Bird Notes and News 



PROTECTION OF WILD BIRDS. 



A Blue Book has just been issued (June 18th, 1919) 

 and may be obtained from H.M. Stationery Office, 

 price Is. 9d., containing the minutes of evidence taken 

 before the Departmental Committee on the Protection 

 of Wild Birds. There are also extensive appendices. 

 The meetings were held in 1913 and 1914, and the 

 witnesses included representatives of County Councils, 

 the Police, the R.S.P.C.A., and R.S.P.B., agriculturists, 

 fruit-growers, bird-fanciers, bird-catchers, and others. 



IN THE COURTS. 



" Recently Takkn." — The case against the Army 

 and Navy Auxiliary Stores of offering for sale " recently 

 taken " Goldfinches which had been caught in Ireland, 

 was before the King's Bench Division on May 12th, 

 when the actual defendant, Charles Harris, a Bethnal 

 Green bird-dealer, appealed against the decision of 

 the Old Street Magistrate. The result was a further 

 advance in the definition of the words " recently 

 taken." The birds were caught in Tipperary on or 

 about December 3rd, and sent up to defendant on 

 January 15th, bj' whom they were placed for ex- 

 hibition and sale with the Stores. For the appellant 

 it was urged that the Magistrate ought not to have 

 taksn anything into consideration except the dates 

 when the birds were caught and when found in 

 Harris's possession, whereas he had regard to the 

 length of tlie journey from Tipperary and the necessity 

 of waiting until they were in fit condition to send. 

 For the respondent it was pointed out that the purpose 

 of the Act was to protect the birds and that the 

 decision was right even if the reasons given were 

 Trrong. 



Mr. Justice Darhng said there were more puzzles in 

 the Act than anyone had ever seen, and to construe 

 it according to the proper use the English language 

 was impossible, but in view of previous judgments he 

 held that the Magistrate's decision was right, and 

 dismissed the appeal. Mr. Justice Avory and Mr. 

 Justice Salter concurred, the latter expressing the 

 opinion that " recently taken " meant any bird taken 

 so recently as not to have had time to become tame. 



Birdcatcher's Cettelty. — At Stone (Staffs.), on 

 May 27th, George Fenn, a well-known birdcatcher of 

 Islehara. Cambs., was fined 40s. and £3 costs for 

 cruelty to v.ild birds. Mr. J. W. Harris, a member 

 of the Bench, who was opposed to wild birds being 

 kept in captivity, sent a postal order for lis. to the 

 Defendant, in response to an advertisement of " mixed 

 aviaries," and received one blackbird, two bluetits, 

 seven linnets, and six greenfinches in a box only 3i in. 

 deep. Three of the birds were dead on arrival. They 

 had been 22 hours on the journey, and the only food 

 in the box was hemp seed. Two robins were sent 

 without food, and died soon after arrival. Defendant 

 was stated to be caretaker of a Baptist Chapel and 

 provided testimonials as to his character. The prosecu- 

 tion was conducted by the R.S.P.C.A. 



War Aoriculttjral Committees and Rooks. — In 

 the Court of Appeal, on June 4th, Mrs. Hedley-Steuart, 

 a landowner, of Woodhill, near Otterbum, Northum- 

 berland, appealed against a judgment of Mr. Justice 

 Salter at the Assizes. Plaintiff claimed damages for 

 trespass, in that her land had been entered and a 

 large number of Rooks shot and their nests destroyed. 



The Defendants were two neighbouring landowners, 

 the Hon. Ivo Byng and Mr. Howard Pease, and the 

 Secretary of the Northumberland War Agricultural 

 Committee, who. acting under the Rookeries Order 

 of D.O.R.A., conducted the shooting party. 



It was stated that the two first -named had some 

 years ago the shooting rights over the property, and 

 that complaint had been made of the Rooks destroying 

 game eggs. 



Plaintiff pleaded that they acted ultra vires and 

 maliciously. It appeared that the Committee could 

 show no minute autliorising the alleged trespass, and 

 the recollection of their witnesses was very vague, 

 but the Court accepted Mr. Justice Salter's judgment 

 that they were persons whose veracity could be 

 relied on. To the objection that the Order gave no 

 power to destroy nests. Lord Justice Bankes said 

 that the Committee might take action to diminish 

 the number of Rooks, and the destruction of nests 

 was one of the most effective ways ; the entire ex- 

 termination of a rookery was, in his knowledge, next 

 door to impossible, and the Order did not require 

 any limitation as to the number of birds destroyed. 

 The appeal was therefore dismissed. 



AN 



ABC OF COMMON BIRDS 



A pocket Guide to the commoner Inland Birds of Britain 



With short and simple descriptions from which 

 they may be identified by the unlearned ; their 

 local names ; and brief notes on the food they 

 eat that may be regarded as " pro " or " con " 

 the interests of husbandman and gardener. 



16mo. 64 pages. Price 6d., by post 7d. 



"What the Birds said" 



From the French of M. Lavedan (by permission of 

 L' Illustration). 



Reprinted from Bird Notes & NeiVs. 

 6d. per dozen. 



Royal Society for the Protection of Birds, 



23, QUEEN ANNE'S GATE, S.W.I. 



Bird Notes and News (issued quarterly) will 

 be sent post free to any address for Is per annum, 

 payable in advance; single numbers, 3d. 



To Members of ihe Society subscribing 5s. and 

 upwards per annum it is forwarded gratia and post 

 free. 



Printed by Vaohbr & Sons, Ltd., Westminster House, 

 8.W.1— 70466— and published by the Royal Society for 

 THK PROTBcnoir or BiBDB, 23, Queen Anne's Gate, S.W.I. 



