376 ANNUAL REPORT OF THE Off. Doc. 



same to be examined by some person learned in the practice and 

 principles of forestry, and a report made thereon, and if, upon re- 

 ceipt and consideration of such report, it decides that such land 

 should be placed in the class established by section one of this act, 

 it shall so declare and certify to the commissioners of the county in 

 which said land is located. 



Section 3. Upon receipt by the county commissioners of such 

 certificate of the commission it shall be their duty at once to place 

 said surface land in the class established by section one of this act, 

 and keep the same therein until the trees growing thereon shall, in 

 the judgment of the commission, become sufficiently large and suit- 

 able for merchantable forest products, or the land be devoted to 

 other purposes: Provided, however, That the certificate of the com- 

 mission shall not become operative to place said surface land in the 

 class established by section one of this act until the owner of said 

 surface land has agreed, in writing, with the commission to care for 

 the trees growing thereon, according to the instructions and direc- 

 tions of the commission, up to such time as such trees become suit- 

 able for merchantable forest products ; and if any such owner at any 

 time fails to care for the trees growing on said land as agreed with 

 the commission, and due proof thereof is made, the commission may 

 remove said surface land from the class established by section one 

 of this act. In case of such removal, either through failure of the 

 owner to care for the trees or on his expressed desire for removal 

 before the trees shall have been cut at maturity and tax paid thereon, 

 the county commissioners shall, on notice from the commission, pro- 

 ceed to recover from said owner, for the use of the county and town- 

 ship, by an appropriate action at law if necessary, the difference in 

 the amount of tax which would have been paid by the said owner at 

 the rates established for the years for which recovery is sought and 

 the rate provided for auxiliary forest reserves, with costs of suit, to 

 be recoverable from the time when such land was placed in the class 

 of auxiliary forest reserves. And the commission shall remove said 

 surface land from the class established by section one of this act at 

 any time that the then owner shall, in writing, notify the commis- 

 sion that he desires such removal. The commission may, in its dis- 

 cretion, at the time said surface land is placed in the class estab- 

 lished Ijy section one of this act, require the owner to file with the 

 commission his or its bond, of such kind and amount as the commis- 

 sion shall deem reasonable and sufficient to secure the obligations of 

 such owner under this act. 



Section 4. Whenever trees growing on said surface land have be- 

 come suitable for merchantable forest products, the commission 

 shall, at the request of the owner or on its own motion, make an ex- 

 amination of said land, and designate for the owner the kind and 

 number of trees most suitable to be cut, if, in the Judgment of the 

 commission, there be any, and the cutting and removal of said trees 

 so designated shall be in accordance with the instructions of the 

 commission. 



Section 5. If the owner of said surface land faithfully carries out 

 the instructions of the commission with regard to the removal and 

 marketing of such mature or other trees, as may be designated in 

 the instructions of the said commission, and shall immediately re- 

 plant other trees of valuable species, or so protect the young growth 



