FOREST RIGHTS. 77 



grow up in forests even when there is no forest law which 

 expressly forbids such growths. Nor can the State or other 

 owner grant new forest rights to the prejudice of old and 

 existing ones. 



8. Protective Measures. 



From the point of view of the forest owner, the following 

 measures are desirable : 



(a) Clear demarcation of the portions of the forest burdened 

 with rights, and those free from them or closed against 

 them ; and maintenance of distinct boundary lines ; also 

 indication by ditches or sign-posts, etc., of lines of right-of- 

 way for cattle, etc. 



(b) Careful record of rights-of-way, etc., use of water, .as 

 well as those to produce. Where there is a forest law, it is 

 probably provided how this is to be done. Besides which all 

 working-plans of the forest must contain a schedule of the 

 rights showing : 



(i) Title-deed, or other origin of the right. 



(ii) Exact description of personal holder or dominant estate ; 

 and the exact name, etc., of the servient estate or part of it 

 affected. 



(iii) The extent of the right, kind, number, quantity, quality, 

 season of exercise, etc., etc. 



(iv) The mode and conditions of exercise, and whether any 

 particular duty is laid on either side (e.g. providing a compe- 

 tent herdsman for the cattle, providing cattle-bells, or the 

 forest-owner maintaining culverts, etc., for a roadway). 



(v) Any payments, or returns in labour, due to the forest- 

 owner for the exercise of the right. 



(vi) A notice of any obscure or disputed points. 



(c) Careful watching of the exercise of forest rights by the 

 forest guards and inspecting officers. But the caution already 

 given about irritating and vexatious interference should be 

 borne in mind. 



It is only necessary to add that where the rights are such 

 that the forest is seriously threatened, then efforts must be 

 made to get rid of them by commutation or cantonment. The 

 rights should either be purchased from the right-holders 



