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PARAGRAPH XXXV. 



FOREST OFFENCES. 



Forest offences must be defined by the legislature (forest 

 criminal code) ; must be prosecuted by the police according to 

 criminal proceedings established by law; and must be punished 

 by judge and jury. The leading ends are: 



Firstly, the restitution, for the benefit of the owner, of the 

 original conditions of affairs ; and, 



Secondly, the prevention of similar occurrences by deterring, 

 through punishment, from similar unlawful acts. 



According to the old Roman and Saxon laws, standing trees 

 cannot be the object of larceny. After occupation, however, 

 like wild game and wild fish, they may begin to be objects 

 of larceny. 



Forms of offences are: 



1. Damaging a forestal object; 



2. Adversely occupying an object; 



3. Endangering an object. 



The "code" distinguishes between a felony, a crime punishable 

 by death or imprisonment, and a misdemeanor, which term 

 comprises all other contraventions. The criminal proceedings 

 cover arrest, jurisdiction, appeal, limitations, and other points. 

 Fines can be converted into imprisonment in case of inability 

 to pay. A jury should answer only questions of fact, and not 

 questions of law. 



