1938 - The Vasculum

7
The" close time," and the variations thereto mentioned above, do
not apply to Game-birds-partridge, pheasant, bustard, grouse and
blackgame, as the close time for each is already legislated for under the
Game -Acts: but they do apply to other wild birds which are objects of
"sport" and are for some purposes included under the Game Acts, such as
wild-duck, teal, wigeon, woodcock, snipe, etc. The prohibitions against the
killing or taking of wild birds during close time or any other period
mentioned above, do not apply "to any owner or occupier of any land or his
authorised agent on such land," except in the case of certain species, about
1oo in number out of a possible 375 or so, which are named in a Schedule
attached to the Act of 1880 and a few subsequent additions thereto. An
examination of the Schedule shows that these species have been selected
mainly on account of their rarity (oriole, chough, etc.), their usefulness
(peewit, owl, etc.). their beauty (kingfisher, goldfinch, etc.), their value as
game-birds (duck, woodcock, snipe, etc.); or for sentimental reasons
(cuckoo, lark, nightingale, etc.); but judging from the names of the species
which have not been put upon the Schedule, it is quite evident that a
haphazard selection would have been equally logical. Fortunately a special
provision of the Act gives power to the Secretary of State, at the request of a
Council, to issue an Order giving other birds this special protection against
"the owner or occupier of any land or his authorised agent on such land" "
as if such species were included under the Schedule of the Act." This
provision has rarely been taken advantage of by any of our local Councils,
as will be seen later. One of the drawbacks is that each additional bird so
protected must be named in the Order, so a further long list of names is
involved. From the above it will be seen that" landowners, farmers, fruitgrowers,
gardeners and shooting tenants, together with their authorised
agents, gamekeepers, etc., are permitted to kill or take any species of wild
bird, that they may consider to be harmful to their particular interests,
subject to its not being named on the Schedule to the Act or added to the
Schedule by the Order for the County. This may lead to absurd anomalies,
The kestrel,