370 RECENT LEGISLATION IN PRUSSIA. 



Sec. 46. In case of the dissolation of a company, established on the 

 basis of paragraph 23, No. 2, each associate shall recover possession of 

 his land, for management to his own profit. Beyond this, unless other- 

 wise stipulated in the statutes, the materials existing in the company's 

 forest shall be divided among all the associates, in proportion to capital- 

 value of material of each at the time when the company was formed. 



If the value of material at that time is less than that at first, the 

 difference in deficiency shall be made up by those to whom the forest has 

 gained a greater value. 



rV. PARTITION OF COMMUNAL FORESTS. 



Sec. 47. Every application for partition, authorized by law, in the 

 case of a forest belonging to a commune, or to a company, which may 

 by this dissolution be compromised in the economy of its working, must 

 be approved by a majority of those interested in the partition. 



V. TEMPORARY REGULATIONS. 



Sec. 48. In provinces of the monarchy where there are at present 

 no tribunals of administration, the duties conferred upon them by the 

 present law shall, until their establishment, be exercised in the first 

 resort by special tribunals, to be known as Tribunals of Forest Protec- 

 tion, according to the wants of each circle, and after the prescriptions 

 of the following paragraph ; and in the second resort, by the provincial 

 deputations. (Sections 40 and 41, laws of March 8, 1871.) 



Sec. 49. The Tribunal of Forest Protection shall be composed of the 

 chief of the circle as president, and of six members nominated by the 

 assembly of the circle, by the absolute majority of votes. With the ex- 

 ception of the military on duty, any German citizen is eligible — 



(a.) Who has his domicile in the circle. 



[b.) Who is in enjoyment of his civil rights. 



It is furthermore required that he shall have completed his twenty- 

 first year, and that the care of his property has not been taken from him 

 by a judicial council. Clergymen, servants of churches, and teachers 

 of elementary schools cannot be members of this tribunal. Officials 

 in the judicial order (among whom those technically members of Tribu- 

 nals of Commerce and ludustrv should not be reckoned), are ineligible 

 to this place, unless by consent^f a competent ministry. 



Members are elected for six years. Every two years the assembly 

 will renew them by drawing out a third by lot, but the members so 

 drawn can be re-elected. They are to take the oath at the hand of the 

 president, and cannot be removed except by a decision of the deputa- 

 tion for home matters. They will receive from the communal treasury 

 a payment for their services. The diet of the circle decides the amount. 



Sec. 50. The tribunal may deliberate when three persons, including 

 the president, are present. Their decisions are fixed by a majority. 



When the object of discussion affects the interest of any member of 

 the tribunal, or that of one of his relatives, or of one allied in direct or 

 collateral line within the third degree, he cannot take part in the delib- 

 erations. When a tribunal finds itself thus incapacitated for business, 

 the provincial deputation may bring the affairs before the tribunal of a 

 neighboring district. 



Sec. 51. Until the establishment of a tribunal in each circle, all ap- 

 plications (sections 3 and 23) should 'be addressed to the chief of the 

 circle, who will be charged with organizing at once a tribunal of forest 

 protection. 



