160 THE PROTECTION OF WOODLANDS. 



of land need not put up or maintain any fence between his 

 own and his neighbour's land ; but he must abide by the con- 

 sequences of not doing so, and must bear the loss caused by 

 cattle straying from a highway ; and he must take care that 

 his cattle do not stray and trespass over the adjoining property. 

 In Scotland a proprietor can force a conterminous proprietor 

 to join him in mutually enclosing their property and to pay the 

 half -share of the expense of making a march-dyke or. proper 

 fence, and of keeping it in repair and reconstructing it when 

 no longer repairable. 



A proprietor may plant as near to the edge of his land as he 

 likes, but the adjoining proprietor can cut branches overhanging 

 his land. 



Commonage and Rights of User are in British woodlands 

 practically confined to the Crown forests, which are not the 

 absolute property of the Crown, but are more or less burdened 

 with rights that are of the nature of real property in so far 

 as concerns the compulsory doing of certain acts, or the not 

 doing of other acts. In England rights of user and of common- 

 age were at one time very extensive, but matters were simplified 

 by legislation about the end of the eighteenth century. 



Trespass may disturb game, but does no harm to woodlands. 

 Notices that " Trespassers will be prosecuted according to law " 

 are ridiculous, as trespass is not a criminal act, and the only 

 remedy is a civil action claiming damages for such actual 

 damage as can be proved. Any trespasser can be ordered off 

 the property ; and if he refuse to go, just sufficient force may 

 be used as is necessary to eject him. 



Fires are almost always caused by incendiarism, negligence, or 

 sparks from railivay engines. Incendiary fires are usually lighted 

 from malice or to hide other offences. Accidental fires due to 

 imprudence or negligence are chiefly caused by woodmen failing 

 to extinguish fires they have lighted when burning heather or 

 rubbish on cleared areas, or by passers-by throwing away 



