STATE AND COMMUNAL TIMBER SALE 445 



SALE OF FELLING AREAS ON THE STUMP BY UNIT OF PRODUCT 



CONTRACT CLAUSES 



Part 1. — Auction. — 



Art. 1. — Sales by unit of product take place under the clauses and conditions of the 

 general sales circular, except as modified by the provisions which follow. 



Art. 2. — The sale includes, without guarantee as to area, number of trees or amount, 

 aU the timber designated in the felling area at any time during exploitation by Waters 

 and Forests officers and employees, on condition that the purchaser fells it and works 

 it up and pays the price based on the valuation survey approved by the Waters and 

 Forests conservator, in accordance with the rate established by the auction record. 



Art. 3. — The ownership of the wood will be conveyed to the purchaser from the date 

 of approval by the conservator of the valuation survey. Commencing with this date, 

 the wood counted will be at the risk and danger of the purchaser, without prejudicing 

 the right of reservation in case of bankruptcy or of delayed payment and of the right of 

 claiming by means of seizure in case of removal or resale. 



Art. 4- — The auction will take place either by decreasing or raising the prices. It 

 will be on all the various units of product of which the basis and method of appraisal 

 shall be indicated in the advertisement. 



The lowering or raising of the prices will be regulated at so much per cent in accord- 

 ance with the basis or method of appraisal. Fractions in hundreds will not be permitted. 



Art. 5. — The auction by lowering the price will take place in the following manner: 

 The figure announced by the crier will be successively lowered, in accordance with a 

 tariff established in advance and advertised in the auction room, until someone an- 

 nounces the words: " I take it." If several people are bidders simultaneously, the felling 

 area is drawn by lot, at least unless one of them does not bid a higher price; the competi- 

 tion is then open between them as indicated in the following article. 



Art. 6. — The auction by raising the price will be decided after the extinction of three 

 tapers lighted in succession. If the duration of the last of the three tapers outlasts 

 the increases in price, the auction will not be judged until after the extinction of a final 

 fire without increase in price. 



Art. 7. — In conformity with the provisions of the first paragraph of Art. 8 of the 

 general sales circular, the purchaser will be bound to furnish security and a surety. 



These securities will be received subject to the approval of the federal collector in 

 the case of felling areas of federal wood, and subject to the approval of the mayors and 

 municipal collectors, administrators, and public institution collectors for the felhng 

 areas of communal and public institution wood. 



In case of the insolvency of securities, proven by bankruptcy or otherwise, all the 

 amounts due shall become immediately demandable, unless the purchaser produces a 

 new security acceptable by the collector interested. (Code Civil, Art. 2020.) 



Part II. — Exploitation. — 



Art. 8. — The cutting permit will be delivered to the purchaser by the local Waters 

 and Forests officer in charge, on presentation of the certificate showing he has furnished 

 his securities. 



Art. 9. — Under penalties carried by Arts. 33 and 34 of the Civil Code, the purchaser 

 cannot fell trees other than those which shall have been designated by the local agent 

 or his representatives. 



Art. 10. — All the wood, which shall be considered suitable for building timber or in- 

 dustrial manufacture by the Waters and Forests officers, shall be left in the log and can- 

 not be cut off below the point where the local agent or his representative shall have 

 placed his hammer mark for regulating the cutting into logs. 



