42 FOREST POLICY. 



8. Governmental officering of private holdings with foresters and 

 rangers upon request of owners. 



9. Statistical publications showing the financial possibilitiesof tree 

 growth on the basis of volume tables and yield tables, (see §XLI.) 



10. Facilitating the formation of stock companies to practice for- 

 estry and authorizing the formation of county, town and city forests. 



11. Sale of State forest property, if any, in large tracts fit for 

 forestal practice. 



(XXXV.) FOREST OFFENCES. 



Forest offences must be defined by legislature in a forest criminal 

 code; must be prosecuted by governmental police according to crim- 

 inal proceedings established by law; and must be punished by a judge 

 and jury. The leading idea is: 



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

 nal condition of aflfairs; 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 can- 

 not be the object of larceny. After occupation, however, — like wild 

 game and wild fish — they may begin to be objects of Jarceny. 



Forms of offences are: 



1. Damaging a forestal object; 



2. Adversely occupying an object; 

 3., Endangering an object. 



In North Carolina, the Code distinguishes between a felony, a 

 crime punishable by death or imprisonment, and misdemeanors, the 

 latter category comprising all other contraventions. The criminal 

 proceedings cover arrest, jurisdiction, appeal, limitations, and other 

 points. Fines can be converted into imprisonment by a Justice of the 

 Peace or by a Court in case of inability to pay. In North Carolina, a 

 jury answers only questions of fact, and not questions of law. 



(XXXVI.) GOVERNMENTAL MEASURES RESTRICTING 

 THE OWNER OF FORESTS: 



The measures taken by a government for the benefit of the peo- 

 ple and restricting the rights of the owner are influencgd by the fol- 

 lowing factors: 



a. Climatic conditions. 



b. Area of private forest as compared with the area of State for- 

 est and with the entire area of the State. 



c. Importance of a given forest for the protection of lowlands, 

 water supply, navigation, sanitation, etc. 



d. Character of property, whether municipal entailed, or abso- 

 lutely individual. 



The extent of these restrictions might cover the following points: 



1. Devastation of the forest. 



2. Forest pasture, which might be prohibited, or restricted to 



