3730 The Zoologist — October, 1873. 



7. In order to assist the clearer view which your Committee hope 

 that the pubHc will in time take of the question of Bhd-Protection, 

 your Committee unanimously beg leave to submit for consideration 

 the following remarks as to any futm-e legislation : — 



(1) However much we may desire it, we cannot in practice stop the 



killing of some bh*ds during the breeding-season : if we pass 

 a law totally prohibiting it, that law will either be evaded, 

 or, if enforced, will become so hksome as to be speeddy 

 repealed. 



(2) No law, to be effectual, should pick and choose cei-tain kinds of 



bhds, leaving out nearly-allied kinds. 



(3) An effectual law, dealing with a whole group of birds, may be 



passed, as witness the highly successful ' Sea-Birds Preservation 

 Act.' 



(4) A law protecting birds which cannot be shown to want protection 



is a mistake. 



(5) The cnicial test of whether a bird wants protection or not, 



is whether its numbers are decreasing or the contraiy. 



(6) With some very few exceptions (nearly each of which can be 



satisfactorily explained), none of what are commonly known 

 as " SmaU Bhds " are decreasing tln-oughout the United 

 Kingdom generaUy. 



(7) Most "Small Bhds" are generaUy increasing in numbers, some 



remarkably so. 



(8) Setting aside " Sea-Bhds," which may now be considered safe, 



no bhds have so much diminished in niimbers as " Bhds of 

 Prey " and " WUd Fowl." 



(9) No law for the protection of " Bhds of Prey," if passed, could bo 



at present canied out. 



(10) A law protecting " WUd Fowl," if passed, coidd be earned out 



effectuaUy, provided that the penalties are in proportion to the 

 inducement to break it. 



(11) "WUd Fowl" foim a group subject to gi'eat persecution on 



accovmt of theh marketable value, especiaUy as articles of 

 food : they are commonly kiUed (many of them because then 

 more easUy kiUed) long after they have pahed and have begun 

 to breed ; they, besides, he under the same disadvantage as do 

 the few " SmaU Bhds" which are decreasing — the diminution, 

 namely, through agiiciUtmal improvements, of theh breeding- 

 haunts : aheady many kinds of "WUd Fowl," which a few 

 years ago used to breed frequently and regularly in this 

 country, have ceased or nearly ceased from doing so : they are 

 perfectly innocuous; consequently "WUd Fowl" are emi- 

 nently deserving of protection. 



(12) The piinciple of what has been caUed a " Black List," favom-ed 



by some persons, woiUd be the most fatal step of aU in Bii-d- 

 Protection, since it would discom-age, if not enthely check, the 



