Il6 FORESTRY IN GERMANY. 



of trespass committed before these laws go into effect, or a case of trespass still pending before 

 the courts, shall be decided in accordance with the old laws, except in such case where the 

 new law is more moderate, in which case the new law can be applied. Further, the time 

 allowed by sections 156 and 157 cannot extend beyond a year after the operation of these laws 

 begin. 



Given at Carlsruhe in the Grand Ducal Department of State on November 15, 1833, 



LEOPOLD. 



The foregoing laws have been subjected from time to time to changes of 

 various kinds ; sometimes parts of paragraphs have been removed, sometimes 

 whole paragraphs and sections have been omitted or suspended. Said changes 

 have taken place from time to time during the years extending from 1 833 to 

 the present day. However, no radical changes of the whole system have been 

 made, the most of the laws, and in the same form as they left the hand of the 

 original designer or compiler, constitute the forest laws of to-day. 



The following are the changes and amendments : 



Sec. 30. The first four sentences or divisions of the paragraph have been repealed. 



Sec 58. The concluding sentence of this paragraph was repealed in 1854. 



Sec 81, The former concluding sentence in which it is stated that 90 cubic feet of pole- 

 wood make a cord has been repealed by the law of December, 1871. 



Sec 87. Loses that part of it after the words " of their wood " [ihrer ■waldungen zu). 



Sections 88, 89 and 90 have been changed to read as follows : 



Sec 88. The private forest or wood owner is bound by sections 27 and 29 and by 30, so 

 far as it affects wood intended for sale ; by section 3 1 , as far as it affects the placing of boundary 

 stones, surveying and marking of boundaries ; finally by sections 34-57 to 70. 



The state forest officials can grant the single forest owners, in accordance with section 71, 

 dispensation from the ordinetnce until it is revoked. 



Sec 89. The clearing or rooting out of a forest without permission of the proper authori- 

 ties, as well as the destruction or endangering of a wood or forest by cultivating in a manner 

 forbidden, is prohibited. 



For clearing a wood or forest permission must be obtained from the forest state officials. The 

 places cleared must be used for agricultural purposes within the time specified in the grant of 

 permission to clear. 



Permission to cut a clearing must be obtained from the forest officials, nor will such per- 

 mission be refused if the artificial planting of the surface, in accordance with the circumstances 

 of the case, is assured, the wood owner giving security for the carrying out of the cultivation. 



Sec. 90. If a clearing of any kind is made without permission, or when a forest is so cul- 

 tivated that its destruction is to be feared, especially if this takes place in or near a meadow; 

 and if it appears that the immediate replacement of the trees cut down is not to be expected 

 from young seed trees or from an adjacent nursery, or when, in case of the continued use of 

 the forest products, the destruction of the forest becomes apparent, then must the forest 

 guard report, and all measures must be taken in the one case to restore, and in the otlier to 

 preserve : 



a. All arable land, once wood land, which is in a state to demand care upon the appearance 

 of these laws, and which has not been converted during the time allowed into land for agri- 

 cultural purposes, will at once be converted into wood land. 



The forest officials can compel the forest owner to give his first care and attention to such 

 neglected land. , 



In case said owner should refuse the forest ofiicials obedience, the latter will communicate 

 with the district courts, and thus cause an order to be issued to the wood owner to cultivate the 

 land designated. 



