AN AUSTRALIAN STUDY OF AMERICAN FORESTRY. J17 
If an offence be “ wilful,” the measure of damages is “ the value of the 
timber in its condition when and where found.” Thus if the trespass is 
discovered after felling, the damages will be the royalty plus the cost of 
felling ; if cut into logs, the cost of cross-cutting is added ; if found at the mill, 
the cost of both cross-cutting and hauling is included; if sawn up into boards, 
the current market value of the boards is taken. 
To those assessments are added the estimated money value of any avoid- 
able damage due to young growth or timber left standing, or of any timber 
wasted in high stumps or low tops. 
If the timber be purchased unwittingly from a wilful trespasser, its 
value is determined as that at the time of such purchase, 
In the case of occupancy, no permits are required for the purposes of 
travelling, temporary camping, hunting, surveying, or prospecting; if other 
trespasses occur, the Forest Supervisor is required to make every effort to 
secure satisfactory adjustment amicably, through interview, and persuasion 
or compromise. 
Where stock are found trespassing on a forest, the owner is to be 
“ordered to remove it at once.” If the situation is urgent, the forest officer 
may remove the stock—‘“in any way that does not injure it physically "— 
and finally, may arrest the person in charge of it. 
Even this mild arrangement leaves room for enterprise on the part of the 
forest officer. I quote an instance of a persistent grazing trespasser who was 
discovered for the third time on a National Forest without a permit. The 
forest rangers took possession of the stock and removed it from the area—in 
such a way “as not to injure it physically.” Since the regulation did not 
say that the person in charge was to be deposited on the same spot, they 
took him across the forest, and released him on the opposite side. The penalty 
upon the trespasser was that the forest was thirty miles wide at that point, 
and before he got round it, his stock had had time in which to scatter. 
In the administration of timber sale agreements, any condition “ found 
by experience to be unreasonable or impracticable” is modified forthwith. 
“Drastic action is not to be taken until every other recourse has been 
exhausted.” The first measures adopted are to request compliance, issue a 
warning, and finally enforce the penalty scale. When the offences becomes 
“serious and persistent,” the operations may be suspended. At last, before 
action for breach of contract is taken, the sureties are given an opportunity 
to complete it. 
“In civil cases, the employer is liable for the wilfulness of the employee 
if he knew of the trespass and took no means to stop it; or if after the trespass 
was committed, he knowingly approved or adopted it by receiving the fruit 
of the trespass; or whenever he employs persons to do the cutting, knowing 
them to be careless, reckless, and unreliable.” 
Ordinarily, and especially in civil cases, “ while the men who do the actual 
cutting may legally be held for trespass, it is advisable to proceed against 
the corporation, company, or individual by whose direction and for whose 
benefit the cutting was done.” ~ 
In such trespassing cases, where there is evidence of wilfulness on the 
part of the stockmen. but not of the owner, the offence is divided into one of 
wilful trespass against the former, and of innocent trespass against the latter. 
