118 AN AUSTRALIAN STUDY OF AMERICAN FORESTRY. 
Upon discovery of illegal operations, the Forest Officer’s first duty is to 
ascertain the location and status of the area affected. He then serves upon 
the trespasser, in the presence of witnesses, a written notice requesting him to 
discontinue the trespass. He records in his notebook the date and particulars 
of the trespass, and of the serving of the notice. 
He may seize the material cut, even if it be on private property, and even 
if it be sawn up. Asa last resort, he may even confiscate the article or build- 
ing into which the material has been manufactured. If the timber is mixed 
ap with other, he may seize the whole. 
If a seizure be made, however, the Government cannot recover the value 
of the material from the trespasser. Seizure is a method not usually adopted. 
The Forest Officer submits his report, on a specified form, to the super- 
visor, who informs the offender and gives him fifteen days’ time in which 
to present his version of the facts. Whenever possible, the supervisor is 
required personally to interview the delinquent. 
Finally, the Supervisor forwards the whole of the papers, together with his 
finding, to the District Forestry Office, where the Assistant Forester in charge 
of the branch affected prepares a memorandum as to the damages sustained, 
and his opinions and recommendations, and submits it to the District Forester. 
If the District Forester be of opinion that the facts do not disclose a 
trespass, he may close the case forthwith. Where the damages do not exceed 
£100, he may settle, on his own responsibility, all “innocent” offences, and 
any “wilful” ones wherein he regards prosecution as unnecessary. 
If damages exceed £100, he refers the case to the Forester. If damages 
exceed £1,000, the case is one for final determination by the Minister. 
In first offence cases of “innocent” trespass, where the damage does not 
exceed £20, the timber may be released on payment of the royalty. The 
Supervisor is authorised generally to deal personally with all such cases where 
the damages are under £2. 
The American “Crown Solicitor” is “The Solicitor” at Washington. He 
has a representative who co-operates with the District Forestry Office, and is 
styled the “District Assistant to the Solicitor”; his duty is to advise the 
District Forester in all legal matters. 
All cases other than those of first offence and involving further action 
are reviewed by this officer, and the sufficiency of the evidence is determined 
by him. Then the District Forester writes to the trespasser, offering to 
settle the matter.on a basis determined upon by himself upon the advice of the 
Crown law officer, and warning the offender against further violation of the 
forest laws. Fifteen days are allowed for voluntary settlement, and at the 
expiration of this time, if there has been no response, the matter is referred 
to the District Assistant to the Solicitor, who writes a second letter to the 
trespasser. If no reply is then received, the papers are forwarded to the 
forester, who transmits them through the Solicitor to the Attorney-General 
for the purpose of instituting a civil suit or, in flagrant cases, a criminal 
prosecution. 
A card record is kept in the Supervisor’s Office, to record timber tres- 
passes and their settlement. 
The safeguard of the whole scheme is that second offences cannot be 
“innocent” ones. 
The adoption in Australia of the American procedure of settling forest 
offences is well worthy of consideration. It is one in full accord with the 
democratic mood and would save, ofttimes, very much friction and worry, 
