2 2 TRANSACTIONS OF ROYAL SCOTTISH ARBORICULTURAL SOCIETY. 



dealing with damage to woodlands, trees, and shrubs were 

 consolidated and amended in the Act . . . relating to Larceny 

 and other similar Offences (24 & 25 Vict. cap. 96, sect. 16,. 

 referring to "any Forest, Chase, or Purlieu"; and sects. 31 tO' 

 33 and 35, referring to "trees and woods"), while protection was 

 at the same time given to ornamental trees and shrubs under the 

 Act relating to Malicious hijuries to Property (cap. 97, sects. 20 

 to 22 and 53). Under these it was made felony to steal any 

 tree, shrub, or underwood, or to destroy or maliciously injure the 

 same with intent to steal, if the value be ^i in parks, avenues,, 

 or pleasure-grounds, or ^5 elsewhere ; and even if the value 

 be only over is., on a third offence the larceny becomes a felony, 

 and the malicious injury becoines punishable with two years' 

 imprisonment with hard labour. Such is the present law. 



The Deer Retnox'al Act of 185 1 created so much bitter feeling 

 locally, and such a public outcry for aesthetic reasons, that a 

 Committee of the House of Commons was appointed to consider 

 the whole question of the New Forest ; and an amending Act 

 was passed in 1877, by which the work of planting was stopped 

 when only about 5000 acres had been planted, the enclosures 

 were limited to 16,000 at any given time, and it was laid down 

 that only plantations made since 1700 can be enclosed and 

 replanted. This is the law now in force ; and under it the older 

 woods are being destroyed by gales and the decay of old age, 

 without permission being given under the Act to replace the old 

 trees by new growth. Thus, while the unwooded parts are 

 barren wastes and moors, the old woods are also gradually being 

 destroyed by unrestricted commonage. 



The woods in the New Forest are now — From 30-40 years, 

 5705 acres; 40-65 years, 4278 acres; 65-90 years, 4080 acres; 

 90-115 years, 2230 acres; over 115 years, 1377 acres, — total, 

 17,670 acres. Of the remaining 47,067 acres belonging to the 

 Crown, 40,478 acres are open heath and pasture, the enclosure 

 and planting of which is absolutely prohibited by the Act of 1877. 



In the Forest of Dean, too, there had been so much friction 

 with the mining population that, in 1874, a Select Committee of 

 the House of Commons had also been appointed to inquire into 

 and report on it. 



In the meantime, while less attention was now being given to 

 the growth of timber in the Crown forests, there were many 

 private landowners, especially in Scotland, w'ho planted largely 



