PROTECTION OF ANIMALS FOR SPORT 205 



an animal was a guarantee of its freedom from proprietary 

 rights it was no man's beast until it was slain. Only "royal 

 game" was reserved for the king. But the development of 

 a fresh body of legislation had the effect of vesting property 

 in wild animals in the owner of the land on which they were 

 found. This important restriction of the common rights was 

 carried out by means of laws actually restricting, through 

 licences, the right of killing and selling "game" and by 

 others, such as the Night Poaching Act of George IV and 

 the Day "Poaching Act of William IV, making trespass, in 

 itself merely a civil misdemeanour, a criminal offence to be 

 expiated by heavy penalties. In other respects the mode 

 of protection nowadays is similar in nature to one formerly 

 adopted the institution of definite "close seasons," during 

 which particular birds may not be shot. 



The variety of birds protected by these measures is 

 somewhat less than in the days of Scotland's independence, 

 for "game birds" are variously defined as "partridges, 

 pheasants, muirfowl, tarmagans, heathfowl, snipes and quails" 

 (13 Geo. Ill), and as "pheasants, partridges, grouse, heath 

 or muir game, black game, and bustards" (9 Geo. IV), 

 although in addition to "game," "woodcocks, snipes, quails, 

 landrails, wild ducks, and conies" are protected in the Day 

 Poaching Act of 1832. 



The effect upon the fauna of Scotland of these statutes 

 has been very great, for the practical granting of proprietary 

 rights in game birds, has led to a great increase in the 

 numbers of the more favoured species. Pheasants, imported 

 aliens (see p. 264), have been reared with the greatest care 

 and at enormous expense, Partridges have been encouraged 

 by the strictest preservation, and Grouse and Black-game 

 have had enormous tracts of country set apart for their use. 

 So that in most places where they are found, these species 

 occur in numbers beyond their natural proportion .in 'the 

 native fauna, for in addition to protection from man, they 

 have benefited by the deliberate destruction of beasts and 

 birds of prey their natural enemies. 



The result of the preservation of game birds has 

 been strikingly shown in the course of the War. In the 

 absence of the annual battues on the extensive scale of 

 pre-war days, the birds have so increased in number as to 



