66 PROTECTION AfiAIXST MAX. 



kind which might occur in respect of any property, and 

 sometimes of a special character : i.e. the}' happen only 

 in forests and are not attempted elsewhere ; or else are 

 exceptionally dangerous or injurious when done in a forest 

 (or with regard to forest property generally). Hence in 

 most sj'stems of law, "offences" are partly punishable under 

 the provisions of a forest law, and partly under the ordinary 

 "Penal Code" or the statute and common law of the 

 country. 



In India, for example, such offences will sometimes come 

 under the Forest Acts ; sometimes under the Penal Code ; 

 sometimes under either. And it is a matter for the law 

 manuals to tell us when one law or the other should be had 

 recourse to. In the British Isles there is no special forest 

 law ; accordingly all " offences " that are punishable (as 

 distinguished from acts which give rise to a claim for damages) 

 are so under the ordinary (Criminal) Common and Statute 

 Law. 



3. Classification of Forest Offences. 



Forest offences may, therefore, be classified as follows : — 

 (a) Damage : 



Unintentional. 

 Wilful. 

 {h) Misappropriation : 

 Simple. 



Accompanied by damage. 

 {c) Contraventions of forest police. 

 The subjects of forest offences are sometimes the forest soil, 

 or its covering ; the stock of wood or minor produce, whether 

 standing or converted; houses, roads and other works and 

 appliances used in forest business. 



a. Damage. 



Unintentional damacje occurs in a variety of ways, as for 

 instance: — damage to standing trees through clumsy felling 

 of other trees, to young growth during fellings or removal of 

 material ; cutting up valuable timber into firewood in ignor- 

 ance of its value ; cutting seedlings during grass-cutting ; 



