HAMLYN'S MENAGERIK MAGAZIN 
43 
means a difference in the penalty, and dues not 
iiffect the illegality of killing or taking birds dur- 
ing the close time for the district. 
As originally drafted, the schedule had consid- 
erable importance outside the question of 1 penal- 
ties, For in the Acl of 1880, the section quoting the 
penalties for killing or taking wild birds was 
stated not to apply to any person authorised by the 
owner or occupier of any land to take or kill any 
bird not included in the schedule. Also, there was 
an exception in fvour of anyone who could prove 
that am wild bird found in his possession had been 
killed or taken, or bought or received during the 
open season, or from some person residing out of 
the I blited Kingdom. 
\\ ACT TO EXPLAIN AN ACT. 
Clause I. of the Act oi 1881, however, which 
is cited as "An Act to explain the Wild Bird 
Protection Act, J 880," says that "whereas doubts 
have arisen with respect to the construction of 
this recited enactment, and it is expedient to re- 
move such doubts — a person shall not be liable 
to be convicted lor having the control or posses- 
sion of any wild bird recently killed, if," etc. Then 
ii goes on to say what a person in the possession 
of a killed bird has to prove, but says nothing 
about "taken," nor about the exception in favour 
o! any person authorised by owners or occupiers 
.of land to kill or take. 
Tiie position would therefore seem to be that 
although an owner or occupier may give permis- 
sion to "kill or take" any bird not included in the 
schedule, yet if it is taken and not killed, the per- 
son in whose possession it is found alive would 
be liable to prosecution if it had been taken dur- 
ing the close season. On the other hand, it might 
be argued that the clause in the Act of 1880, allow- 
ing owners or occupiers to kill or take, or give or 
give permission to give or take was not expressly 
repealed by the Act of 1881, and therefore remains 
in force. And so the lawyers live. 
HOW THE CLOSE TIME VARIES. 
Although the Act states that the protection 
lime extends from March 1 to August 1, it is only 
in very few places that these are the actual limits 
oi the close season, for, under the Act of 1894, 
upon permission of the Secretary of State, a local 
authority may make a by-law modifying the dates 
so far as concerns their own district. In conse- 
quence, the close season begins in some places 
as early as February 1 and closes as late as August 
31, and various other dates prevail in certain 
places. 
Then, under the Act of 1896, the Secretary 
of State may make an order prohibiting the taking 
or killing of any particular kind of wild bird during 
the whole or any part of the period to which the 
protection under the Act of 1880 does not extend, 
and as a result ol this there are very lew coun- 
ties where it is permissible to take the Goldfinch 
at any lime, for nearly every County or Borough 
Council throughout the country protect* one or 
more species all the year round, and when there 
is only one protected species it is the Goldfinch. 
Another complication arises from the fact 
that in certain counties the protection of certain 
species only extends throughout specified districts, 
so that, outside of the close season, it ma_v be an 
offence to take a particular species on one side o| 
a road and no offence on the other side. 
In the above summary we have endeavoured 
to make' the general situation clear b\ setting forth 
the facts in language devoid of the legal phrase- 
ology which is employed in the various Acts of 
Parliament and local Orders, and we would just 
say in conclusion that by the Act of 1896 a magis- 
trate may order to be destroyed or forfeited any 
trap, net, or decoy bird used in the taking or in 
the endeavour to take any wild bird where such 
taking is prohibited, and he may order an) "re- 
cently caught" bird to be released or destroyed. 
The various Acts of Parliament and local 
Orders may be obtained at a cost, generally, ol 
a penny each through any bookseller or news- 
agent, or direct from Messrs. Wyman and Co.. 
Fetter Lane, London; Oliver :m(] Boyd, Edin- 
burgh, or E. Ponsonby, ]1G, Grafton Street, Dub- 
lin; and those who require the details as they 
affect a particular county of district may therefore 
possess themselves of these at very little cost. 
COMMON LONDON BIRDS IN WAR 
TIME. 
Bv F. Finn. B.A., F.Z.S. 
The Black-bird also shows one interesting 
variation — the tendency to assume a yellow bill 
in the hen as well as the cock; I think that in 
London more hens are yellow-billed than black- 
billed, and 1 have even seen a yellow-billed nevvlv- 
fledged young bird of late years. I made sure 
that the yellow of the bill of this bird was not 
the inside of tie mouth, as I did also in the case 
of a yellow-billed young Star'ing I saw in the 
Zoo grounds this year — young Starlings, of 
course, like young Blackbirds, normally have 
black biljs. Blackbirds with white feathers show- 
ing here and there arc, I think, commoner than 
they were in London; they are always cocks, as 
