110 ox THE «EA-BIRD8 PRESERVATIOX ACT, 



on it was withdrawn, the prosecuting parties having discorered 

 there was no law to reach the accused. Generally speaking, 

 the kinds of birds which suffer most are such as breed in num- 

 bers together. "WTicn they breed in such numbers together and 

 the eggs are so easily found, great destruction may be made in a 

 very short time. It is not so where the birds are evenly distri- 

 buted over a large tract of country. The only remedy against 

 such wanton mischief would be an Act of Parliament causing 

 eggs and all other produce on lands to belong to the proprietors 

 of the soil. This might be done, perhaps, by a Permissive Bill, 

 whereby the proprietors might be able to protect their property 

 or not as they thought right. 



Now, I would not for one moment defend tlic destruction or 

 wanton molestation of breeding birds; I would have them strictly 

 protected ; but it docs seem unnecessarily hard to close the time 

 for shooting birds in a whole county in order to protect them on 

 a small portion of ground where they ought to be private pro- 

 perty. At the present time it would appear to be contrary to 

 law to prevent any person landing on the Fame Islands between 

 high and low water mark, and even if they landed above high 

 water mark, it would be difficult to prove damage on such barren 

 ground. 



In the latter part of July, some years since, Mr. Jolm Hancock 

 and I Wsited, with Mr. Losh who then resided in the neighbour- 

 hood, a breeding place, in Lancashire or Westmorland, of the 

 Lesser Black-backod (lull, the commonest Fame Island bird ; 

 and they, young and old, had left the district, excepting one 

 young bird, which was fully fledged, and an old bird, probably its 

 parent. AVc tlien went to AValney Island wliere the birds were 

 protected, the Black-headed Gulls and the Sandwich Terns, the 

 latter al.so a common Fame Island bird, had all flown and gone ; 

 wliilst nt Fowley, where the birds were not protected, the Com- 

 mon Tern, and the Roseate Tern, which was there far from un- 

 common, still had eggs and young. We were told that on tliis 

 Island the eggs wore gathered to be used in making varnish.* 



* It WM during thl» expedition Mr. Hancock shot the Tern with a cockle on Its l>eak, 

 which he mention* In hi* CatHlo^rn^^. It wns n rnthcr exceptionni hinl, I think nn immii- 



