RECENT LEGISLATION IN PRUSSIA. 363 



Prussian law of July 6, 1875, concerning forests for ^protections and con- 

 cerning Forest Companies. 



1. GENERAL PRINCIPLES. 



Sec. 1. The management and working of forests are not subject to 

 the restrictions of the general police that regulate the present law. 



Particular regulations existing concerning the working surveillance 

 and administration of the State forests, and those belonging to com- 

 munes, societies, and establishments, as also the forests of Schleswig- 

 Holsteiu, designated under the name of Bondenholzungen, will remain in 

 force. 



II. PROTECTIVE MEASURES FOR THE PREVENTION OF DANGER. 



Sec. 2. In cases when — 



(a) In consequence of the sandy nature of the soil the adjacent lands 

 of public works, or water-courses, either natural or artificial, might be 

 injured by moving sands ; 



(&) In consequence of the abrasion of the soil, or the formation of 

 torrents upon denuded highlands, or the summits and flanks of mount- 

 ains, the properties of those below, roads or dwellings, are threatened 

 with destruction, or with being covered with avalanches of earth or 

 stones, or of even being carried away, when such properties public 

 works, or structures are located on the mountains ; 



(t*) In consequence of clearing the forests situated upon the banks of 

 canals, or of natural watercourses, the neighboring lands may be dam- 

 aged by the waters, and when constructions or public works placed 

 under the protection of these forests are in danger from the breaking 

 up of ice ; 



(d) In consequence of the clearing of a forest there is reason to fear 

 a diminution of ponds and streams — or; 



(e) In consequence of the clearing of a forest, in a denuded region, or 

 near the sea, the cultivations and villages adjacent may have occasion 

 to dread the disastrous effects of the winds — 



To avert the danger in such cases, the mode of working, as well as the 

 execution of certain forest cultivation, or analogous works of protection, 

 shall be regulated by the rules laid down in the propositions following: 



Sec. 3. Proposition of regulation in conformity with paragraph 2 may 

 be made — 



(a) By any one whose interests are menaced; 



(b) By the communes, districts, or by those concerned in common 

 interests, in the various cases coming under paragraph 2 that may pre- 

 sent themselves in their several capacities; 



(c) By the police authorities of the country. 



Sec. 4. The proprietors, tenants, and farmers of premises that may 

 as above endanger, are required to employ in their working, all the 

 precautions necessary for the application of paragraph 2 of the present 

 law, and to execute the forest cultures and the works of protection that 

 may be ordered. They will, however, be allowed an indemnity for the 

 damages which these restrictions upon enjoyment may occasion. 



The proprietors have a right to ask to establish and maintain at their 

 charge, the works of protection ordered, but they must remain subject 

 to the inspection rei^ulated by paragraph 20. 



Sec. 5. The expense of establishment and maintenance of works for 

 protection, as well as of indemnities, shall be regulated upon the fol- 

 lowing principles : 



