FORESTRY IN GERMANY. lOI 



RULES RELATING TO FOREST STANDING ALONG THE BANKS OF THE RIVERS. 



Sec. 94. All woods, trees, bushes, &c., growing between the edge of a river and the high 

 bank or dam, also all such wood or islands in the rivers, with the exception of large trees can 

 be cut down and used by the river officials, provided that no softwood trees over 5 year old 

 and no hardwood trees over 10 years old are taken, and in cases of need such woods and 

 bushes under 5 and 10 years respectively may be cut down and used by the river officials, no 

 matter who the real owner may chance to be. 



Sec. 95. In case the real owner of such bushwood or trees along the banks of a river 

 wishes to cut down such wood himself he must give notice of such desire to the river officials 

 and obtain from them the privilege to do so. Notice must be given four weeks in advance. 

 If the request is not answered before the expiration of the four weeks, then is the owner 

 allowed to proceed with his cutting. 



Sec. 96. Excepted from the foregoing is the cutting of willow for basket-making and gar- 

 den purposes, or bushes of young trees which the owner may need to cut down to use in build- 

 ing dams, etc. Such cutting need not be announced to the forest officials. 



Sec. 97. In the cases alluded to in sections 94 and 95 the dams, etc., will be made by the 

 employes of the river direction and under the supervision of the owner of the land and forest 

 and river directors. 



Sec. 98. Within three months after the cutting, or in the case noted in section 95, three 

 months after notice, payments of indemnity are made out of the river department in accordance 

 with the tariffs laid down in section 158 ; said tariffs to be regulated in the presence of the 

 owner of the forest and the river authorities. 



Sec. 99. The permission to change the culture or to make an entire clearing of bushwood, 

 referred to in section 94, must be obtained from the bureau of water and streets. 



CONCERNING FOREST RIGHTS — GENERAL STATUTES. 



Sec. 100. The laws of the forest department help others, who have rights in forests, to 

 enjoy the privileges of their rights. 



Skc. ioi. While in state, town and corporation forests, for the protection of the depart- 

 mental interests, the state forest officials must be called in ; in private rights, in case of difier- 

 ences arising, the' forest owner takes the place of a forest official until such time as the ques- 

 tion becomes one for the forest authorities to decide, then, as laid down in section 3, the forest 

 authorities, with the knowledge of the head officials, will render decision, 



Skc. 102. In cases where certain rights are bequeathed or granted and, then, by enactment 

 of laws are curtailed or abridged, the person possessing said rights can make a claim for 

 indemnity upon the forest owner, and when not granted can have the same allowed by apply- 

 ing to the court. 



Sec. 103. If the wood or forest belongs to a private owner and he is not willing to pay out 

 an indemnity, he is allowed the privilege of extending privileges on his estate to the party 

 possessing rights that will make an equivalejit for any losses sustained. 



Sec. 104. New forest rights cannot be granted after the proclamation of these laws. The 

 law will protect those which rest upon some special right or otherwise righteous practice, in so 

 far as they were not granted in any way contrary to the law, as laid down in sections 134 to 



136. 



Sec. 105. In so far as the right is in no way limited by the forest laws the right may be 

 enjoyed in its full scope, and in cases where no definite statement of the right is laid down it 

 must be regulated in accordance with sections 106 to 133, and in accordance with the laws 

 prescribed by the courts of the land. The rights of those parties wlf o possess the right to use 

 the woods and forests rest finally upon the decrees of the laws of the land ; yet one possessing 

 full rights is just as much bound by the rules prescribed in section loi as a person possessing 

 the simplest right or privilege. 



