Page:Halsbury Laws of England v1 1907.pdf/628

 —

Animals.

406 Sect.

1.

Offences.

Exemption of owner or occupier of land.

principal effect of which is to establish a close time for all wild birds from March 1 to August 1 in every year. Any person who between those dates knowingly and wilfully shoots, or attempts to shoot, or uses any boat for the purpose of shooting or causing to be shot, any wild bird, or uses any lime, trap, snare, net, or other instrument for taking any wild bird, or exposes or offers for sale or has in his control or possession after March 15, any wild bird recently killed or taken, is guilty of an offence, and is liable to a penalty not exceeding one pound in respect of any wild bird included in the schedule {i) to the Act of 1880, and, in the case of any other wild bird, to a reprimand and payment of costs for the first offence, and to a penalty not exceeding five shillings for every bird, in addition to costs, for subsequent offences {k). There is an exemption in favour of the owner or occupier of land, or anyone authorised by him, who kills or takes on such land any wild bird not included in the schedule (Z). Birds Protection Act, 1904 (4 Edw. 7, c. 4).; Wild Birds Protection (St. Kilda) Act, 1904 (4 Edw. 7, c. 10). In addition, the Wild Animals in Captivity Protection Act, 1900 (63 & 64 Vict. c. 33) (see p. 410, post), applies to birds. The principal Act (that of 1880) excluded St. Kilda, but the Wild Birds Protection (St. Kilda) Act, 1904 (4 Edw. 7, c. 10), applied it to that island with this variation that the schedule to the principal Act is to be read as if the forktailed petrel and the St. Kilda's wren were inserted therein, and the fulmar, gannet, guillemot, puflin, and razorbill were deleted therefrom. (?) The birds in the schedule are Kittiwake. Sealark. American quail.

Auk.

Lapwing. Loon.

Avocet. Bee-eater.

Mallard. Marrot.

Bittern.

Bonxie. Colin.

Cornish chough. Coulterneb. Cuckoo. Curlew. Diver. Dotterel.

Gannet. Goatsucker. Godwit.

Shearwater. Shelldrake. Shoveller.

Nightingale.

Snipe.

Oriole.

Solan goose.

Skua.

Smew.

Owl.

Spoonbill.

Ox

Stint.

bird.

Peewit.

Eulmar.

Sea parrot. Sea swallow.

Merganser. Murre. Night-hawk. Night- jar.

Oyster catcher.

Dunbird. Dunlin. Eider duck. Fern-owl.

Seamew.

Stone curlew. Stonehatch.

Petrel.

Summer

Phalarope.

Tarrock.

Plover. Ploverspage.

Teal.

Pochard.

Thick knee.

Puffin.

Tystey.

snipe.

Tern.

Goldfinch.

Purre.

Whaup.

Grebe.

Eazorbill.

Greenshank.

Eedshank. Peeve or Euff.

Whimbrel. Widgeon. Wild duck.

Guillemot. Gull (except Black-backed gull).

Hoopoe. Kingfisher. to which " Lark "

Poller.

Willock.

Sanderling. Sandpiper.

Woodcock. Woodpecker.

Scout

As of 1881 (44 & 45 Vict. c. 51) to the application of this schedule to the isle of St. Kilda, see last note. {k) Act of 1880 (43 & 44 Yict. c. 35), s.- 3. (l) Ihid. Where the accused, with the authority of the occupier of land, shot thereon at a sparrow match, sparrows captured on other land without the authority is

added by the Act