CLEARING OF PRIVATE TIMBER 263 



provided for. The ordinances of July 15, 1810, and May 2, 1810, pro- 

 vided protective measures for the dunes in the Department of the 

 Pas-de-Calais, no ditches or removal of sand within 200 fathoms of 

 high water, no removal of grass or weeds, no grazing without special 

 authorization. 



The law of June 10, 1857, provided for the drainage and sowing of 

 communal lands at the expense of the communes, or if they were unable 

 at the expense of the State, with reimbursement from the proceeds 

 with principal and interest. 



Mountain Lands. The law of July 28, 1860, which provided for the 

 restoration of the eroded mountains, was superseded by the law of April 

 4, 1882. Before a reforestation area boundary is decided upon there is 

 an open hearing in each of the communes interested, a meeting of the 

 municipal councils, a recommendation of the Arrondissement Council, 

 General Council, . and Special Commission. The period of inquiry is 

 30 days and if a decision is made to set aside the area for reforestation 

 then a law is passed setting aside the land required as shown by the 

 approved reports, maps, and plans of forest officers. The work is carried 

 out by the Waters and Forest Service at the expense of the State. The 

 ownership of this land is governed as follows: 



Where institution, communal, or private land is being damaged by 

 grazing it can be reserved from use after inquiry and consideration 

 similar to that required before reforestation, but if, after 10 years, it is 

 still necessary to reserve it, public expropriation is necessary. The 

 annual loss during the first 10 years of reservation is paid for from the 

 municipal treasury. Work can be undertaken at the expense of the 

 State to hasten restoration, and trespass will be prosecuted as if on a 

 forest. 



Clearing of Private Timber. The restrictions against clearing private 

 forest land, even if for purposes of cultivation, are so stringent that the 

 analysis of the law by Guyot is given in full. It is generally referred to 

 as the law of June 18, 1859, put into effect December 19, of the same 

 year. 4 



Art 219 (Law of June 18, 1859). No private owner has a right to grub up or to 

 clear his timber without notifying the sous-prefecture at least 4 months in advance, 

 during which time the administration may inform the owner of its opposition to the 

 clearing. The declaration of the owner states choice of residence in the canton in 

 which the timber is located. 



Before signifying opposition, and at least 8 days after advice is given to the party 

 concerned, the inspecteur or the " sous-inspecteur," or one of the "gardes generaux" 

 of the circonscription, proceeds with the examination of the condition and location 

 of the timber and makes out a detailed "proces-verbal" of which the party is given 

 notice with the request that any objections be submitted. 



4 Translated by R. C. Hall. 



