176 THE ALGERIAN FOREST CODE 



day of the promulgation of the present law shall have been 

 recognized as estabhshed either by acts of the government 

 or by decision of the courts, or definite decrees, or shall be 

 recognized as such at the moment of the application of the 

 senatorial decree, actually promised in consequence of ofificial 

 or judicial requests, or which should have been promised subject 

 to the provisions of the law of Feb. 16, 1897, relating to landed 

 property in Algeria. Nevertheless the rights which the natives 

 enjoy by virtue of tradition shall be maintained until the 

 application of the senatorial decree. 



Art. 61. In future no granting of rights shall be made in 

 the State forests of any nature and under any pretext whatever. 



However, in case of absolute necessity, and in the measure 

 laid down with due regard for pre-existing rights, a decree of 

 the Governor General, made on the recommendation of the 

 government council, shall concede to natives displaced for pur- 

 pose of colonization, rights in the forests of their new territory 

 equivalent to those enjoyed in the first place. 



Art. 62. The rights by which the State forests are bur- 

 dened can be wiped out by means of working plan decrees or 

 redeemed by means of a grant of land or a money payment, if 

 the other measures are inapplicable. The working plan shall be 

 approved of by decree. 



The rights other than those of pasturage can be besides 

 redeemed by means of " cantonnement. " ^- 



The conditions of this redemption shall be determined by 

 agreement, and, in case of disputes, shall be settled by the 

 courts. 



Art. 63. The redemption of the rights of pasturage can 

 only be claimed by the administration in territories where the 

 exercise of those rights is an absolute necessity to the inhabi- 

 tants of one or of several communes or fractions of communes. 



If this necessity is disputed by the Waters and Forests Service, 

 the parties shall present themselves before the council of the 



12 Apparently there is no equivalent for " cantonnement " in English, but it 

 means the act of giving over to those who have common rights, a piece of forest 

 land, where they can exercise these rights. 



