OWNERS of the New Forest's famous ponies have been warned that they will be taken to court if they flout the law.

The verderers have vowed to prosecute commoners who refuse to pay marking fees or turn their animals out on to the Forest without permission.

The new get-tough policy was unveiled yesterday by the official verderer, Oliver Crosthwaite Eyre.

Speaking at the monthly Court of Verderers in Lyndhurst, Mr Crosthwaite Eyre listed the local by-laws and pledged that they would be enforced.

He said: "For some years there has been a degree of confusion as to what powers the verderers have and whether they are enforceable.

"In particular there is a belief that these powers do not apply in some areas of the Forest. These perceptions are erroneous and damaging in the long term to the whole commoning system.

"The verderers have decided to clarify the situation once and for all."

Mr Crosthwaite Erye read a lengthy statement that said the organisation had taken legal advice about marking fees, including those relating to animals in an area owned by the National Trust.

The statement said commoners could release ponies, sheep, pigs and cows only if the fees had been paid and the animals were entitled to be loose.

It added: "The verderers intend to enforce the by-laws."

Commoners were warned that animals depastured without permission would result in the owner being prosecuted at New Forest Magistrates' Court, while anyone failing to pay marking fees would be taken to Southampton County Court.

The fees are a vital source of income for the verderers.

They help fund the agisters, who are employed to patrol the Forest on horseback. They advise commoners on the welfare of their stock and impound any animals that have been illegally depastured.

Richard Manley, chairman of the New Forest Commoners' Defence Association, has asked for a copy of the statement read out by Mr Crosthwaite Eyre.

"I haven't seen the fine detail, but my initial reaction is that we are minded to support it," said Mr Manley.

"Some 99.9 per cent of commoners are happy to pay marking fees, which go towards paying the wages of the agisters.

"The agisters are responsible for animal welfare, which is of paramount importance."