RECENT LEGISLATION IN PRUSSIA. 369 



In this oral discussion the commissioner shall examine the objections 

 raised against the project of statutes, or against the regulation of 

 restrictions of servitudes, and of the corresponding indemnities, and 

 shall fix the points upon which an agreement cannot be gained. 



He shall submit the discussion to the tribunal, with his advice upon 

 questions of necessity. 



Sec. 36. If the project of statutes is not agreed upon in the oral dis- 

 cussion by the majority vote specified in article 25, the tribunal shall 

 declare by resolution, the rejection of the proposals for establishing a 

 forest company. 



Sec. 37. In the opposite case, the tribunal shall establish, by a defini- 

 tive decision, that there exists a necessity, in conformity with para- 

 graph 23, of uniting the proprietors having interest in a forest company, 

 in case the statutes have been accepted by the vote legally necessary — 

 if they conform to the principles of law, and if they injure no public 

 interests. If no objections are raised upon these various questions, the 

 tribunal shall declare the constitution of the company as adopted, ac- 

 cording to its statutes. At the same time the tribunal shall take cogni- 

 zance of the observations that have been made, the rules of restriction 

 upon servitudes, and the fixing of the corresponding indemnities. 



Sec. 38. If the formation of a forest company is decreed, and the 

 decisions precedent, in paragraph 37, are concluded, the tribunal shall 

 ratify the statutes. The company shall be constituted according to 

 these statutes, which shall possess the force of law. 



Sec. 39. Tbe restrictions and charges imposed upon the owners of 

 the lands belonging to the company should be recorded in the cadastre, 

 under the head of articles to be supervised by law. This record shall 

 be made upon the order of the president of the tribunal. 



Sec. 40. The rules of paragraph 14 are applicable to the procedure 

 followed before the commissioner, and those of paragraphs 18 and 19 as 

 regards the payment of expenses. These expenses, if they have not 

 been placed by the tribunal to the charge of a part, shall be borne by 

 the associates, in the proportions indicated by paragraph 27 of the 

 present law, and inscribed in the statutes in the chapter of charges. 



Sec. 41. Procedures before the Tribunal of Forest Protection, appeals 

 from its decisions, and procedures in cases of appeal, shall be in con- 

 formity with the rules established by law for the administrative tri- 

 bunals. 



Sec. 42. The company may, in its own name, acquire the rights and 

 make contracts to do upon estates every act proper and consistent with 

 j ustice, as plaintiff or defendant. Each company shall have legal resort 

 to the tribunal where it has its seat. 



Sec. 43. The company is responsible for its engagements. Any 

 debts which it cannot pay shall be borne by all the associates, in the 

 proportion determined by the statutes. 



Sec. 44. Every company thus formed is placed under the supervision 

 of the State. Each tribunal of forest protection shall exercise this 

 supervision in conformity with the statutes of the company, and to the 

 same extent that the law confers upon them the supervision of com- 

 munes. 



In cases of urgency, the president of the tribunal may, in the name 

 of the latter, take any action that may be necessary. All protests 

 against these measures shall be judged by the administrative tribunal. 



Sec. 45. If in course of time' it becomes necessary to modify the 

 statutes, the same procedures shall be followed as were adopted in be- 

 ginning for their establishment. 

 24 F 



