THE NEW ACT FOR THE PROTECTION OF BIRDS* EGGS. 323 



by imposing a fine for a first offence, and increasing it for a 

 subsequent one. 



The legislature, however, has thought otherwise; a Bill to 

 protect eggs was introduced (by Sir Herbert Maxwell), and had 

 to be discussed upon its merits. The principle of the Bill was 

 to protect certain named species, on the ground of their asserted 

 scarcity, and the House of Commons deemed this reasonable. 

 The Bill passed the third reading, and, with some slight amend* 

 ment, went up to the House of Lords. Their lordships pulled 

 it to pieces as ruthlessly as any schoolboy ever pulled a nest 

 when unable otherwise to reach the eggs, and finally so altered 

 it in principle that its author could not recognise it, and was 

 compelled to repudiate it. The reason for this was that the 

 whole principle of the Bill had been changed. Instead of 

 protecting species, their lordships were advised (ill-advised, as 

 we think) that it would be better to protect areas, and so they 

 willed it. 



The result of this alteration naturally would be, (1) to protect 

 a number of species which might not only stand in no need of 

 protection, but whose increase might be, for good reasons, very 

 undesirable ; (2) to promote constant squabbling over boundaries ; 

 and (3) to give local dissatisfaction at the legality of birds nesting 

 in one parish, and its illegality in another. Under these circum- 

 stances Sir Herbert Maxwell could hardly be blamed for declining 

 to accept this material alteration of his Bill, and so it stood over 

 until this session, when a compromise was arrived at. 



The nature of this compromise will be seen from a perusal of 

 the Act, which has at length received the Royal assent, and which 

 we here subjoin. 



It is now in the power of the County Council, upon the 

 request of an applicant under this Act, to apply for an order of 

 the Home Secretary to take one or other of the two courses 

 proposed ; namely, an order prohibiting the taking of eggs of any 

 named species, or the taking of any eggs within a certain specified 

 or defined area. 



In the event of such order being obtained, the County Council 

 will have to give public notice of it three weeks before it can be 

 enforced, (1) by advertisement in two local papers, (2) by putting 

 up notices in two conspicuous spots near the place in which the 

 order is to operate, and (3) in such other manner as the Secretary 



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