forp:st rights. 71 



there are provisions for fixing the number of cattle, quantity 

 of timber or firewood, etc., to be claimed under the right. 

 These principles are detailed in law manuals.* No system of 

 law allows such a thing as an unlimited right — for that might 

 swallow up the entire ownership — a thing contrary to the 

 very nature of a right of this kind which, it should be. always 

 remembered, is a permanent right (not arising out of 

 contract) of one person or estate, which exists over the 

 property Of another person, to have some use, or take some 

 part of the produce of the other property. 



It is true that sometimes a number of separate rights may 

 exist, the aggregate demands of which form a serious burden 

 on the forest property ; but there is no infringement of the 

 principle. It is also to be mentioned in passing, that 

 sometimes there is a kind of right over property of a 

 special nature, called the usufruct, which implies that the 

 whole of the normal produce and the general enjoyment of 

 the property passes for life to the usufructuary ; but even 

 then, the holder of such a right is not owner, nor can he do 

 anything that alters or injures the property in its substance, 

 or affects the ownership right! — a fortiori, therefore, a mere 

 holder of a right-of-common is bound to respect the estate 

 on which his right subsists, and treat it civiliter et modeste 

 according to Eoman Law, or en ban pere de famille, in 

 French Law, and cannot demand an unlimited, or abusive 

 enjoyment of it. 



4. How Forest Eights may Terminate. 

 As we have considered how such rights may grow up, so a 

 few words will be appropriate as to how they came to an end, 



• For instance, in Danckcliuann's " Abliisung uiul Regelung," 3 vols., Berlin, 

 1880. Badcu-Powell, " Forest Law," p. 318,/. 



t The usufruct is always for life (see Broillanl, " Le Traitement des Bois en 

 France." Paris : Berger, Levrault et Cie.— i.*'. 1894. pp. 627— 6.>4). If there is a 

 proscribed worhinfj-phin the usufructuary must carry it out and only take such 

 produce as comes within its directions, and he must carry out all works, such as 

 new planting, sowing, keeping forest works and roads in order. Such a usufruct 

 arises in the case of entailed forests, or those comprised in a family settlement ; 

 also it may be that part of the glebe lands in a rectory in which the parson has 

 a life-interest, is stocked with trees, and may come under this head. By English 

 law, a rector may cut underwood on his glebe land in accordance with the usual 

 rotation, but may fell timber trees only when they are mature. 



