FORESTRY AND THE NEW FOREST 



the Acts of 1698 and 1808, such enclosures to remain in possession of 

 the Crown, freed from all common and other rights. When the trees 

 within the enclosures had outgrown danger from browsing of cattle 

 these areas were to be thrown open and new enclosures made. It also 

 provided for a register being made of all persons having rights of com- 

 mon over the New Forest, and for these rights being defined. The pro- 

 visions of this Act gave rise, however, to so much bitterness locally, and 

 to such an outburst of aesthetic feeling generally, that work was stopped 

 when about 5,000 acres had been planted up, more or less. From the 

 passing of this Act the ancient character of the forest was changed while 

 it was still maintained intact as a royal forest, and from that date the 

 modern history of the forest may be'said to have commenced ; but fuller 

 details concerning this important measure will be found on p. 454 In 

 1866 An Act to amend the Law relating to the Woods ; Forests, and Land 

 Revenues of the Crown was passed (29 & 30 Vic. cap. Ixii.), but it 

 merely affected the issue of licenses for hunting, hawking, fishing and 

 fowling in the New Forest. Subsequently, in 1877, An Act to amend 

 the Administration of the Law relating to the New Forest was passed. 

 This limited re-enclosure and replantation to the plantations formed 

 since 1700 ; and as these are mostly woods still growing, the provisions 

 of the Act are now only partially in operation. Lands previously en- 

 closed could at any future time be re-enclosed and replanted, 



provided that the whole quantity of such lands under inclosure does not exceed at 

 any one time 16,000 acres. Provided also . . . that in cutting timber or trees 

 for improving the woods, or for sale, care shall be taken to maintain the pictur- 

 esque character of the ground, and not wholly to level or clear the woods, but to 

 leave from time to time a sufficient number of the most ornamental trees ; and to keep 

 the woods replenished from time to time by protecting the self-sown plants, or by 

 planting trees in the vacant spaces, having regard to the ornamental as well as the 

 profitable use of the ground. 



The constitution of the Court of Verderers was at the same time amended 

 and their legal status and powers defined. Under this Act the New 

 Forest is now administered more as a great national park than for the 

 growing of timber on commercial principles (vide also pp. 455464). One 

 of the chief results of the Deer Removal Act was the almost complete 

 extermination of the deer which for centuries had roamed at large 

 within the woods and over the heaths ; but specific details concerning 

 red, fallow, and roe deer in Hants have previously been given on pp. 

 246, 247 of vol. i. 



The Acts now having general application to woods and trees, etc., 

 are those passed in 1861 in the shape of An Act to consolidate and amend 

 the Statute Laws of England and Ireland relating to Larceny and other similar 

 offences (24 & 25 Vic. cap. xcvi. sec. 16 as to 'any Forest, Chase or 

 Purlieu'; sees. 31, 32, 33, 35 as to trees and woods), and the similar 

 Act relating to Malicious Injuries to Property with regard to ornamental 

 trees and shrubs (24 & 25 Vic. cap. xcvii. sees. 20, 21, 22, 53). 



In Hampshire there are both forests and woodlands ; but the forests 

 are not necessarily wooded they may be either woods or ' wastes ' nor 

 K 433 55 



