Page:Halsbury Laws of England v1 1907.pdf/630

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408 Sect.

Animals. 1.

Offences. Protection of

wild birds'

Public notice of orders

made by Secretary of State.

Prohibit the taking or destroying of wild birds' eggs, or of specified kind of wild birds' eggs, in any year or years, in any place or places in the county, and may extend the Act within the (4)

any

to any wild birds not included in the schedule (x). To take or destroy, or incite others to take or destroy, the eggs of any species of wild birds within the area specified in such order,

county

or the eggs of any species of wild birds named in the order, is punishable with a penalty not to exceed one pound for every egg taken or destroyed (?/) The council of every administrative county and of every county borough which has applied for and obtained an order must in every year give public notice of any order which is in force in any place within their county or borough during the three weeks preceding the commencement of the period of the year during which the order operates, by advertising it in two local newspapers circulating in or near that place, and by posting notices of the order in conspicuous spots within and near the place where it

operates

(z).

Sect.

Name and address of

877. Any person

2.

Prosecution of Offendei^s.

may demand

the

name and

address of an

A

refusal to give the information or the giving of incorrect information is in itself a distinct offence punishable by an additional penalty, not exceeding ten shillings (a). Offences comOffences committed on the high seas within the jurisdiction of

offender.

mitted on high seas etc.

Forfeiture of birds, eggs

and

traps.

offender.

the Admiralty are fco be deemed to have been committed upon any land in the United Kingdom, and offences committed on boundary waters between counties may be the subject of proceedings in either county {h). All offences are to be prosecuted summarily (c). In addition to any penalty, the Court may order any wild bird or wild bird's egg in respect of which an offence has been committed to be forfeited and disposed of as the Court thinks fit {d) and

Birds Protection Order, 1906 (January 30), those parts of the county of Devon comprised within the limits of the Axe, Exe, Dart, Teign, and Taw andTorridge fishery districts are exempted as regards the shag and cormorant. (x) Wild Birds Protection Act, 1894 (o7 & 58 Yict. c. 24), ss. 2, 3. Application under this Act must specify the limits of the places, the particular species of wild birds, and the reasons why the application is made. By s. 3 of the Act of 1896 the powers of a county council under this Act are exercisable by the council of a county borough. There have been many orders of {y) Act of 1894 (57 & 58 Yict. c. 24), s. 5. they are enumerated in the annual local application made under this authority volumes of Statutory Eules and Orders, and copies of most of them can be purchased from the King's Printers. But as they vary from time to time, the best course is to procure a copy of the order in force from the clerk of the

particular county council. (z) lUd., s. 4 Act of 1896 (59 & 60 Yict. c. 56), s. 3. But a prosecution can be instituted before such notice has been given {Duncan v. Knill (1907), 123 L. T. Jour., 13)., (a) Act of 1880 (43 & 44 Yict. c. 35), s. 4. {h) lUd., s. 6. (c) Ihid., s. 5 Act of 1904 (4 Edw. 7, c. 4), s. 2. {d) Act of 1902 (2 Edw. 7, c. 6), s. 1.