lOO FORESTRY IN GERMANY. 



RULES RELATING TO WOODS OWNED BY LANDLORDS. 



Sec. 86. The forests and woods owned by landlords and private gentlemen must be treated 

 as other private forests. The care and watching over the same will be regulated according to 

 measures laid down in sections 87-93, and under control of the state forest police force. 



RULES RELATING TO PRIVATE FORESTS. 



Sec. 87. Private owners shall have freedom to conduct the cultivation of their forests, and 

 no movement shall be made against them by the forest authorities for violation of the forest laws 

 only in the following cases : 



Sec. 88. Private owners are bound to observe the law, as laid down in section 31, relatii^ 

 to removing stones, defining boundaries, and surveying the forests ; also as laid down in sec- 

 tions 27 and 34, regarding work in the forests at night ; sections 60 and 68, in regard to pro- 

 tection against fire ; section 69, regarding measures for destroying the insects ; section 70, so far 

 as this par^;raph treats of the catching of the titmouse, &c. The private owner is absolutely 

 bound by the preceding, and for the violation of any of the said laws he (the private owner) is 

 as liable to punishment as any other person who violates them. Paragraph 30 is to be applied 

 to private owners of forests in so far as the wood is intended for sale, &c., and in relation to 

 an agreed measure with the parties having a right to a division. 



Sec. 89. The destruction or out-rooting of a forest is not allowed, unless the private owner 

 has received permission from the state authorities to do so ; nor must such permission ever be 

 refused a private owner without giving him a full statement why the refiisal is made. No great 

 change in forest cultivation will be allowed without the consent of the state forest officials. If 

 the cultivation of forest land threatens injury to the forest or the destruction of the same, when 

 the owner has cultivated without first having received permission from the state to enter upon 

 cultivation, the forest officials can, in accordance with section 178, forbid the continuance of 

 the cultivation. In so far as the forest has already been injured or destroyed, must it be restored 

 again under and in accordance with the directions of the forest officials. If the private owner 

 does not comply with the demands of the forest officials of his district within the time allowed, 

 the state officials may grant an extension of time, with the provision that in case of failure on 

 the part of the private owner to comply with the demands the work will be undertaken and 

 carried out to full completion by the forest officials and the costs, &c., will be charged to the 

 said private owner. 



When the private forest owner allows this extension of time to pass without performing the 

 necessary work to restore the forest, he will be confronted by an estimate made by the forest 

 authorities, which estimate he will be compelled to cover, and the work will then be carried 

 out under the direction of the forest authorities. The preceding rule, however, is not applica- 

 ble to woods or forests of less than 25 acres, if such woods or forests are separated from others. 



Sec. 90. If a private owner clears out a wood of less than 50 acres and leaves it bare for 

 longer than one year, the district authorities, upon solicitation of the forest authorities, will 

 request said owner either to replant the said soil with trees or to cultivate it within six months. 

 Should the private owner fail to comply, then the law as laid down in the preceding paragraph 

 shall be put in operation against him. 



Sec, 91. In cases where the cultivating of a private forest endangers the rights or interests 

 . of some third party such third party will call in the service of a judge, and the forest author- 

 ities, in such cases, shall not interfere until requested to do so by the court. 



Sec. 92. Also possessors of inherited forests, forests rented or bequeathed, are allowed the 

 free use of their forests under the foregoing reservations and provisions, so far as they do not 

 conflict with other statutes. Woods or forests over which some doubt exists, because of the 

 recent death of the party last having right to the same, will be regarded and treated by the 

 forest authorities with regard to the real, actual ownership as state, town or private. 



Sec. 93. Woods or forests in which state, town, corporation and private rights are vested 

 will be cared for 1)y the state aftd regarded as state forests under the laws and regulations. 



