THE hTATE AND PRIVATE WOODLANDS. I 29 



rather than to the creating of new ones. The Bavarian laws may 

 be summed up by saying, that the utilisation of existing woodlands 

 for purposes other than that of growing timber is permitted, only 

 when it can be shown that the proposed use, brings with it 

 advantages in the form of higher ground rent or other economic 

 gains. The Act of 1852-96 reads : 



"Art. 34. Complete or partial deforestation of land is 

 permitted : 



{a) When the area in question can be used to greater 

 advantage, as for agriculture, gardening, etc." 

 Then follow other conditions. 



" Art. 36. The intention of deforesting must be announced 

 to the Forest Authorities, who will make mquiries into 

 the circumstances and report." 



" Art. 75. Infringement of the law is punishable by a fine which 

 may equal the value of the wood felled (prior to 1896, 

 ;£,'4 to p/?6o per acre)." 



Failure to restock the ground, or a second offence of the 

 same kind, is punishable with a higher fine, and besides, if the 

 reafforestation does not take place at once, the work is done by 

 the Forest Authorities at the owner's expense. In Baden, a 

 similar law prevails. An Act of 1879 ^^^^ ^^^ penalty for 

 unallowed deforestation, at the value of the wood felled, and, if 

 that value exceed ^75, still heavier penalties can be imposed. 

 In Wiirtemberg (Act 1879-1902) the conditions are somewhat 

 similar, and here, when permission is given, a fee of one shilling 

 to two shillings per acre must be paid. In Austria, since 1852, 

 deforestation without permission has been illegal, while in Russia 

 it is allowed for certain purposes, but only when the area taken 

 away is compensated for by the addition of a like area else- 

 where, or where a like area has been added within the previous 

 twenty years. 



Laws enforcing replanting follow naturally on those forbidding 

 deforestation, only, the latter are intended to prevent clearances 

 for a specific purpose, whereas the former are intended to 

 prevent neglect. Legislation on this head is fairly common. 

 In most states where it exists, no definite period is prescribed 

 within which replanting must take place. In most cases, 

 the local forest authority prescribes the period to suit the 

 particular case. In Bavaria, Wiirtemberg, Baden, etc., if re- 

 planting has not taken place within the prescribed period, fines 



