OIEOTJLAE OF IST JUNE 1861. 167 



portion of the lands on which it will be of most utility to execute these 

 works. 



" Article 8 indicates the manner in which ought to be conducted the 

 examination prescribed by article 5 of the law of 28th July 1860. Measures 

 to this effect are to be taken by the prefect, when he is supplied by the 

 Administration of Forest with the papers enumerated in article 7. You 

 will address these papers to the Administration when the work for any 

 one complete undertaking shall be finished, whatever may be the importance 

 of the work, be it for a water-course from a river, from a secondary affluent, 

 or even from a torrent, or, what' is better still, be it for a mountain declivity. 



"Articles 9, 10, 11, and 12 require no explanation. I shall only call 

 your attention to the institution of the commission, of which article 10 de- 

 fines the powers. According to the terms of section 2 of article 5 of the 

 law of 28th July 1860, it is required that one member of that commission 

 shall be a forest agent. You will understand the necessity of not desig- 

 nating to the prefect for that important mission any but an agent capable 

 of worthily representing the Administration, if you do not judge it proper 

 to reserve it for yourself, because of the interest attaching to the projected 

 works. 



" Pabt III. — Of the Execution and of the Maintenance of the Works. 



"Chap. 1. — Lands belonging to private proprietors, comprised within the 

 boundaries specified by the decree declarative of public utility. 



" The Administration will forward to the prefects, with the documents 

 mentioned in section 2nd of article 12, formulas in accordance with the 

 models Nos. 9 and 10, hereto annexed, in order that they may be enabled 

 to furnish particulars, at the same time calling their attention, in accor- 

 dance with section 2nd of article 6 of the law of 28th July 1860, to the 

 extract of the Imperial decree, containing the indications relative to the 

 lands belonging to them. 



"Article 13 gives to private proprietors the option of undertaking the 

 immediate execution of the works under their own superintendence, and at 

 their own expense, with the subventions granted by the State, if there be 

 any, or of giving up to the State the execution of the said works. 



•' In the first case, advice must be given to the party interested of the 

 allocation of the subvention in the formulas 8 and 9 hereto annexed. 



"According to the terms of paragraph 4th of article 13, the private 

 proprietor who wishes himself to execute the works ought to give proof of 

 his possession of the means of doing so. The public interest being 

 sufficiently protected by the power given to the State by article 7 of the 

 law of 28th July 1860, to recover by expropriation of the property, in case 

 of non-fulfilment of the engagement made, there is no occasion to be 

 offensively exacting in requiring the production of such proof. A declara- 

 tion from the mayor of the commune, agreeably to the indications borne by 

 the form No. 7, it appears to me, may be considered in most cases a sufficient 

 guarantee. 



" When the private proprietor has declared his intention to give up the 

 execution of the works to the State, it is done by the Administration in the 

 same form as that for the communal lands and those of public establish- 

 ments, in which the State proceeds directly to the works; and the re-entry on 



