APPENDIX II 231 



legislation was forced through, and the results obtained 

 were so satisfactory that the new provisions of the Swiss 

 Civil Code, fixing once for all the principle of the necessity 

 for the minority to conform to the decision of the majority, 

 was well received by all parties concerned ; and it is now 

 held in Switzerland that the economic future of the country 

 depends chiefly on the manner in which these provisions are 

 applied in different cantons. The large number of small 

 farms is regarded as a benefit, and all that the legislation 

 aims at checking is a too minute subdivision which seriously 

 checks production and land improvement. The earliest 

 legislation took place in the canton of Lucerne in 1808 and 

 in 1837 to encourage the union of small holdings; but these 

 laws remained a dead letter because no provision was made 

 for overcoming the opposition on the part of the minority. 



The first law introducing the element of compulsion was 

 passed in Ticino in 1852. This law granted to a proprietor 

 the right of compelling his neighbours to sell to him or to 

 exchange plots of less than 300 square metres adjacent to his 

 own property. The neighbouring proprietor might require 

 in exchange a plot superior by one-fifth to the value of the 

 plot given up by him. This law also remained inoperative. 

 The law under which progress has been made is the law of 

 1902 for "the restriping and readjustment of landed 

 property ". This law lays down that as soon as the under- 

 taking is planned the consent of a majority of proprietors 

 concerned, or, in default of this, of a number of proprietors 

 who represent half the land to be restriped, will be sufficient 

 to compel the opposition to associate in the work. Restriping 

 may even be ordered officially by the Council of State in the 

 case of any commune or region of 10 hectares, when the 

 average extent of the parcels in such commune or zone is 

 less than 500 square metres. In 1908 restriping was declared 

 i-o be compulsory by the Council of State in six communes. 



Other cantons have passed very similar laws, and in 



