SHOOTING CAPERCAILZIE IN SCOTLAND.

95

tioned as " game" in any of the Acts affecting game in England or Scotland; neither in the Day Poaching Act, 1 and 2 Will. IV. c. 32, England; 2 and 3 Will. IV. c. 68, Scotland; Night Poaching Act, 9 Geo. IV. c. 69; and Poaching Prevention Act, 25 and 26 Vic. c. 114, United Kingdom. The Excise law regarding game-viz. the 23 and 24 Vic. c. 90, which requires a licence to be taken out for killing game "-gives no definition; but the definition fixed by 1 and 2 Will. IV., England, and 2 and 3 Will. IV., Scotland, has hitherto always been adopted, but neither includes the capercailzie. Indeed, at the time of the passing of both the Acts 9 Geo. IV. and 2 and 3 Will. IV., this bird had been an extinct variety of bird for many years in the United Kingdom. The Act of 1621 (James II.) certainly mentions capercailzies as "wyld foulles," and makes provision against the buying and selling of "termigantis, quailzies, caperkailzeis," etc., under a penalty of one hundred pounds; but we doubt not the Act of 1621 is obsolete so far as the Excise Acts are concerned in reference to game licences." Land and Water."

Sheriff Barclay, in finding the case not proven, said he was not prepared to state whether capercailzie were game or not. He had had a conversation with Colonel Drummond Hay, of Seggieden, that day, who expressed the opinion that capercailzie were not game, but a species of grouse.

BLACK GROUSE, familiarly known as black game,

is abundant in most of the woods, and rough heath in the north. It is especially fond of the scrubby edges of forests in the summer. It is an exceedingly wild and wary bird when it has escaped the marksman for a season. It then becomes shy and crafty and difficult to shoot. It lodges on the ground in summer, and perches on trees in winter, preferring the fir and birch. It is a very pugnacious bird, and cannot live with its red brother. Indeed, it has been often noticed that where black game abound grouse have almost disappeared. Consequently, some sportsmen shoot the hens down hard, in their preference for the red variety. We know of instances in which the black cock being killed off, the red bird returned to its old haunts. The black cock never pairs-he is a polygamist, indulging in as many wives as he can get. The males separate from the females in the autumn and live together a batchelor life until the breeding season, when they all seek the hens and at once fall in love and quarrel. They sometimes combat to the death. It is exceedingly proud-the cock possessing an inordinate amount of self-esteem, disdaining to occupy himself in any way with family cares, and leaving the hen to prepare her nest, sit on her eggs, hatch them, and bring up the brood. Its nest is formed of twigs, wild grass, and short herbage, commonly under the shelter of a bush or large stone. It lays from eight to ten eggs. Curiously, although black game is to be found nearly all over Scotland, it

is said that all attempts to naturalize them in Ireland have failed.

PTARMIGAN is the smallest of the British grouse, and is only found among the rocks and stones on the highest mountains in the north and west of Scotland. In Norway and Sweden they abound, as they love Alpine solitudes. It is said by some old writers that they at one time existed in the hilly parts of England. However that may be, the Grampian range is now their most southerly resort. The ptarmigan is not indigenous to Ireland. The picture by Elwes is an admirable representation of them in a state of nature.

It seems to revel in snow, and seldom descends from the high mountains except in very severe winters. At night it roosts in snow, scraping out a hollow in which it lies. It makes its nest on the bare ground, among the stones or pieces of decayed rock, and lays eight or ten eggs in June. It sits early in July, incubation lasting for about three weeks. It feeds on various sorts of Alpine plants, berries, and seeds. Its flight is low and straight, but not rapid. It is a tame, dull, and stupid bird, affording little sport. In summer its colour is undistinguishable from the rock, stones, and moss, rendering it difficult for the eye to discern it. In winter it changes its garb to a pure white, except the space between the beak and the eye, which shows a black mark. When its plumage is changing colour it is a most lovely bird