Forest

[L. Lat. foresia, forestis, foreitum; from forii, or foroB, without, according to Spelman; that is, out land, or ott^^land, { pars fora Hica, seu exterior,) as lying out of the cultivated or inhabited country.] In English law. A large extent or precinct of country, generally waste and woody, belonging to the sovereign, set apart and privileged for the keeping of game for his use and diversion, {alendisferis reffiis exposiia;) not enclosed, but distinguished by certain limits and peculiarly protected by certain laws, courts and officers of its own.* Spelman, voc.

Foresta. Manwood, part 2, c. 1. Termes de la ley, 2 Steph, Com, 17. 1 BL Com. 289. 1 Crabb's Real Prop, 91. § 97. Id, 484, 8 624.

A royal chase

or hunting ground.* The right or franchise enjoyed by a subject, of having a forest.

2 Steph, Com. 17. Cro. Joe. 165. 1 Crab Vs Real Prop. 484, § 624.

This, however, according to Spelman, is an improper use of the word; a forest in the hands of a subject being properly a chase. Spelman, voc.

Foresta, 2 Bl, Com, 38.

See Chase. Lord Coke, following the Black Book of the Exchequer, makes the Lat. foresta, to be as it were feresta, from ferarum statio, a station or safe abiding place for wild animals; and the same derivation is essentially adopted by Calvin.

Co. Litt. 233 a.

Calv, Lex. Jur. But Spelman much more reasonably supposes it to be derived from f oris, or foras, without, as lying without and separate from the cultivated and inhabited country; being indeed abandoned to a state of nature, for the more effectual preservation and increase of the wild animals harbored within its precincts; {extraneum quiddam, et feris datum.) Spelman, voc. Foresta, Tuta ferarum mansio. Lib. Nig. Seacc. cited ibid. Hence a forest was deemed to be not of the body of any county. Spelman supposes the worA foresta to have been introduced by the Normans. The Danes and Saxons made use of the terms buc-holt, (buck- wood,) and derefald, (deer-fold.) Spelman, ub. sup. For a very recent case irvolving the definition of a forest, see 1 Wc jbi/, H. A Gordon, 21 1.