432 APPENDIX 



Art. 34. — The roads must be continually kept free in the felling areas so that wagons 

 can pass at any time. 



Art. 35. — The contractor must not injure any reserved trees, whatever their quaUty 

 or number. Under no circumstances, except as specified in these rules, can the con- 

 tractor have reserve trees marked, even when he finds the number of trees sold less than 

 those recorded in the auction estimate sheet. This difference cannot give the contrac- 

 tor any right to an indemnity. When, during the course of felhng, the trees to be tapped 

 aUve or reserved trees are burned, die, are overturned or damaged by the wind or by 

 any other cause over which the administration has no control, the contractor will notify 

 the local Waters and Forests agent, so that reconnaissance of these trees can be made 

 without delay. The contractor must, upon demand, fell such trees within 15 days, 

 except those burned. He will have the right to receive the stocktaking sheet and esti- 

 mate, which shall be drawn up by the local agent and which, signed by the contractor, 

 and approved by the contractor, shall be executed without further formality under the 

 conditions prescribed in Art. 59. The contractor shall be considered as having re- 

 nounced his preemption right, if within 15 days of the time he was formally notified he 

 has not returned this paper to the local agent showing his acceptance. Said notification 

 shall be made in the discretion of this agent either by the intermediary of an employee 

 or by registered letter but no indemnity, restitution, nor decrease in price shall be 

 granted the contractor for any loss which he may occasion from trees destined to be 

 tapped alive. 



Art. 36. — Trees to be tapped to death and sold, which die during the course of the 

 felhng period, must be immediately felled by the contractor and at the latest within 15 

 days after notification of their death has been made by the local agent. If the trees 

 tapped to death are not sold, the same procedure shall be followed during the course of 

 the felling period as has already been described for the trees to be tapped alive and for 

 the reserves. The contractor cannot claim any indemnity for loss of resin. 



^^i_ 37. — When any tree marked for felhng shall lodge on a reserve, the contractor 

 cannot fell this reserved tree until after the local Waters and Forests agent or his repre- 

 sentative acknowledge the necessity for the felhng. 



Arts. 38-39. — When, despite the observations of the rules relative to the fellings, re- 

 serves are knocked down or damaged by felling, or knocked down under the conditions 

 described in the preceding article, the local Waters and Forests agent or his representa- 

 tive shall proceed in company with the contractor for a reconnaissance of this wood, 

 and, after an estimate of the damage caused, the contractor shall pay to the owner of 

 the forest an indemnity equal to the total damage. When reserves are knocked over 

 or felled the indemnity will not be less than the following minimum: 



Stumps less than 7 inches in diameter at — 



3.3 feet above the soil S0.03 per inch of diameter 



7 to 14 inches 0-06 per inch of diameter 



14 to 24 inches 0.08 per inch of diameter 



24 to 35 inches 0.10 per inch of diameter 



Over 35 inches 0.12 per inch of diameter 



This minimum will be equally applicable to reserves damaged, which the local agent 

 beUeves cannot thrive or remain standing, and the contractor will be bound to fell these 

 trees within 8 days after notification by the aforesaid agent. . . . Until the pay- 

 ment of said indemnities the reserves overturned, damaged, or felled will continue to 

 belong to the owner of the forest; but the contractor will have the right to acquire the 

 trees overturned or felled according to the method and conditions indicated in Art. 36. 

 Art. 40. — The Waters and Forests Service will have the right to sell, without wait- 

 ing for the final inspection of the cutting area, the windfall, wind damaged, burned or 



