50 THE ZOOLOGIST. 



that they u then and there flew away and wholly forsook the said 

 Rookery." The plaintiff obtained a verdict, but the decision being 

 appealed against, was ultimately reversed, the judges declaring, on 

 the strength of the last-mentioned Act, that Rooks were considered 

 by the legislature as a nuisance to the neighbourhood where they 

 were, and that therefore no one could be held to suffer damage 

 by being deprived of them. 



As this statute, however obsolete, does not seem to have been 

 repealed, it follows that the Rook has no legal status among us, 

 but is, in the eye of the law, a trespasser and an outlaw. As 

 these birds are not maintained at the expense of any individual 

 or individuals, no one can have any property in a rookery built 

 in his trees, or in the bodies of the rooks themselves if shot by a 

 neighbour. And since they cannot be reduced into possession, 

 they are not a subject of larcency. In other words, respecting 

 Rooks which have their liberty (except when too young to 

 obtain it, and then they are the property of the occupier), 

 it has been decided, in the case above cited, that an action does 

 not lie for shooting them, at the suit of the owner of the rookery, 

 whether they are within or outside it, since they are not protected 

 by the common or statute law. 



As to the kind of net formerly known as the "Crow-net" or 

 " Rook-net," a figure of it is given by Leonard Mascall in a 

 folding-plate to his ' Booke of Fishing" (1590).* 



It is thus described- by Gervase Markham, in his Art of 

 Fowling, 1621:— f 



" Now for the generall way of taking these Land Fowle where many 

 kinds are taken together, it is either to be done by day or night ; if by day, 

 then with the great net which commonly is called tho Crow Net, which 

 either is made of double twisted thred, or fine whip packe-threed, and it 

 differeth nothing in length, depth, bignesse of mesh, manner of laying and 



* A Booke of Fishing with Hooke and Line, and of all other instruments 

 thereunto belonging. Another of Sundrie Engines and Trappes to take 

 Polecats, Buzards, Kattes, Mice, and all other kindes of verrnine and beasts 

 whatsoever, most profitable for all Warriners and such as delight in this 

 kinde of Sport and Pastime. Made by L. M. [Woodcut of fisher and fowler.] 

 London. Printed by John Wolfe, and are to be solde by Edward White 

 dwelling at the little North doore of Paules at the signe of the Gunne. 

 1590. sm. 4to. 



f Hunger's Prevention or the whole Arte of Fowling by Water and 

 Land. 12mo. London, 1621. 



