REGULATIONS REGARDING THE CLEARING OF TIMBER 265 



department, to the "agent forestier supfirieur" who will decide the case after having 

 consulted the financial section of the "conseil d'6tat." The ministerial decision will 

 be transmitted to the owner within 6 months from the date of notification of the oppo- 

 sition. 



AH. Z20. (Law of June 18, 1859.) — Opposition to the clearing can only be formu- 

 lated for the timber preservation of which is recognized as being necessary : 



(1) For the maintenance of soil on mountains or slopes. 



(2) As a protection against soil erosion and silting up of creeks, rivers and torrents. 



(3) For the existence of springs and water courses. 



(4) For the protection of dunes and coasts against erosion by the sea and invasion of 



sand. 



(5) As a protection of territory in that part of the frontier zone which shall be deter- 



mined by regulation of public administration. 



(6) For public health. 



The previous Article 220 is now the new Article 221. 



Art. 221. (Law of June 18, 1859.) — In case of violation of Art. 219 the owner is 

 fined the sum of $96.50 minimum and $289.50 maximum per hectare (2J acres) of 

 cleared timber. Furthermore, he is compelled, if so ordered by the Minister of Finances, 

 to replant places cleared with timber trees within a period which cannot exceed three 

 years. "Code Forestier," 91, 159, 160, 165, 198, 199, 219, 223. 



Original Art. 221 . — In case of failure of the owner to do the planting or the sowing 

 within the time prescribed by the judgment, the work will be done at his expense by 

 the forestry administration upon authorization previously given by the pr^fet who will 

 settle the voucher covering this work and wiU have it executed against the owner. 



Ordonnance of August 1, 1827. Art. 198. (Decree of Nov. 22, 1859.) — When 

 mayors and adjoints shall have made out procfes-verbaux stating that clearing work 

 has been effectuated in violation of Title 15 of the Forestry Code, they will be obUged, 

 independently of the delivery they must make of them to our "procureurs," to send a 

 certified copy to the local forestry agent. 



Art. 199. (Decree of Nov. 22, 1859.) — The conservateur will report to the directeur 

 g^n^ral des forfits on the condemnations pronounced in the case provided for in Par. 1 

 of Article 221 of the Forestry Code, and will give his advice on the necessity of replant- 

 ing the places with timber trees. The ministerial decision which will order replanfr 

 int will be transmitted to the party concerned through administrative channels. 



Art. 222. (Law of June 18, 1859.) — In case of failure of the owner to do the planting 

 or sowing within the time prescribed by the ministerial decision, the work will be done 

 at his expense by the forestry administration upon authorization previously given by 

 the pr6f et who will settle the voucher covering this work and will have it executed against 

 the owner. "Code Forestier," 15, 41, 140, 221. 



New Article 222 (Forestry Code) is only a reproduction of Article 221 of the same 

 code, except for the substitution of the words "ministerial decision" for the word 

 "judgment," as a consequence of the change brought by the law of June 18, 1859, to 

 the wording of former Article 220. 



Art. 223. (Law of Jime 18, 1859.) — The disposition contained in the preceding four 

 articles may be applied to the sowing and planting made for replacement of cleared 

 timber pursuant to the ministerial decision. "Code Forestier," 219 s., 224. 



Article 223 (Forestry Code) modified by the Law of June 18, 1859, reads like the 

 old Article 222 of the same code, in which the word "judgment" has been replaced by 

 the expression "ministerial decision" in order that this disposition may agree with the 

 new wording of Article 221. 



