FORESTRY IN GERMAJSfY. IO3 



which, although injured, still cling fast to their place on the tree, nor is the trunk of a fallen 

 tree to be treated as wind-fall wood. Under wind-fall trees are understood those which, in 

 falling, are torn out by the roots. 



Sec. h8. The right to wood found lying in a forest extends over dead trees which have 

 fallen themselves, with large or small trunks, and over such trees as, after having been removed 

 from an inclosure where young trees are planted, still lie in the forest. 



Sec 119. By "refuse wood" {Roff and Lesehoh) one is to understand small deadwood, 

 which Kes on the ground or may be reached on the tree from the ground by the hand, but must 

 not be removed with tools. " Refuse " wood does not cover deadwood over 5 inches thick, no^ 

 {Lager) thick-lying wood, nor yet that expressed under the term " wind-fall wood." A person 

 having the right to "refuse" wood must not take away more wood than is needed for his own 

 purposes. 



Sec. 120. The right to stumps and roots is limited to that part of the tree which remains 

 after the tree has been cut down and taken away. The person having the right to stumps and 

 roots is allowed to use such tools as are required to dig out the roots and stumps. 



CONCERNING FOREST RIGHTS. 



Sec. 121. The forester and in private forests the owner has the right to indicate what days 

 and what times or seasons of the year the persons having pasture rights, &c., in the forests may 

 exercise the same. The person possessing the right to pasture in the forest is allowed only to 

 pasture his own cattle, those belonging to his farm, and in no way those held or bought for 

 selling purposes. 



Sec. 122. The person possessing pasture rights has to care for the troughs, the springs, the 

 buildings for the cattle, &c. The owner is bound to bear part of the expenses when he uses 

 the pasturage also for his own cattle. 



Sec. 123. A person having a right to pasturage cannot transfer such right to another. The 

 right to pasturage does not comprehend a right to grass; that is, if a man does not put animals 

 out to pasture he has no right to cut grass or gather grass in any way, thinking thereby to get 

 an equivalent for his abstinence from use of the pasture. 



Sec, 124. In cases where a definite number of cattle are indicated in a "right," a young 

 suckling with its mother counts as one, so long as the young animal sucks. 



CONCERNING RIGHTS TO LEAVES AND STRAW. 



Sec. 125. -The right to leaves and straw carries with it the right to gather fallen leaves, 

 moss, and pine-needles. 



CONCERNING THE RIGHT TO ACORNS, NUTS, ETC., TO MAST OR PANNAGE. 



Sec. 126. A person having the right to drive swine into the forest to feed on nuts, acorns, 

 &c., can only send those necessary for his own haagehold uses and raised by himself, rior can 

 he transfer his right to another. A person havin^such right cannot demand money from the 

 owner in cases where he does not drive swine into the forest or in any other way use his right. 



Sec. 127. The owner of the forest himself is not excluded from driving his own swine into 

 the forest. 



In cases where both owner and parties having right to use the forest drive their cattle 

 together in the forest and in consequence the acorns and nuts do not prove sufficient for the 

 number of hogs, then the persons having rights to the use of the forest and the owner will have 

 a right to drive in only such a number as there are acorns and nuts for, and the owner and parties 

 having rights will drive in only so many each as may be their share, based upon the ratio of the 

 household wants of each person, taking the wants of the owner as the standard. The owner is 

 allowed to transfer or sell his right in case he does not drive in any swine of his own. 



