FOREST RIGHTS. 83 



Unless it is distinctly laid down to the contrary, the owner 

 can fell his trees as low as he likes. The right must be 

 suspended wherever its exercise would damage the forest, as 

 for instance in regeneration-fellings well stocked with young 

 seedlings, on steep slopes where landslips or erosion are to be 

 feared, or on shifting sands. Sometimes the right-holder is 

 under the obligation to fill up the holes made in extracting 

 the stumps, and to sow or plant-up the ground. The right 

 may also be limited to certain months, days, or hours. 



h. Windfalls and Broken Trees. 



The right may be to all or merely to certain categories 

 of this material, wood broken by wind, by snow, or rime. 

 Trees which are bent down, but may recover themselves, 

 are not included, nor are portions of trees still rooted 

 in the ground. The right can extend only to single trees 

 broken here and there, not to whole woods broken down and 

 uprooted, as occasionally happens by an exceptional storm or 

 calamity which is not in the contemplation (naturally) either 

 of custom or a grant. The right-holders may use implements 

 to convert the timber. This servitude is not of sylvicultural 

 importance. 



i. Dead Standing Trees. 



Poles and trees which have died naturally are included in 

 this class, and care must be taken to exclude all those which 

 may have been killed intentionally by damage, girdling, etc. 

 This usage gives rise to trouble between the right-holder and 

 the owner, as the latter will endeavour to remove dying trees 

 before they are actually dead, and the former to claim trees 

 not yet quite dead. To prevent such contentions it is better 

 to fix definitely the period at which thinnings of dead wood 

 can be commenced. 



As in the former case, when a large extent of wood is killed 

 by injuries from storms, etc., the produce is not the property 

 of the right-holder. 



G 2. 



