I40 FORESTRY IN GERMANY. 



CONCERNING PRIVATE WOODS. 



Art. 10. The owners of private wood lands shall keep them in a wooded condition under 



supervision of the state government, in compliance with the general regulation of section i, 



' article 4, and subject to all the provisions of section i and 2. By " a wooded condition" is 



understood that, when timber has been felled, the ground must not lie waste; but, as soon as 



possible, be replanted with another growth of woods. 



Art. 1 1 . The division of woods held in joint ownerships shall only take place with the 

 sanction of the ducal state ministry, department of the interior, and this permission shall not be 

 revoked, when the lands so divided shall be cultivated upon a regular plan and continue capa- 

 ble of such cultivation. Without such sanction of the state ministry, any division is declared 

 to be illegal and of no eftect. 



GENERAL REGULATIONS. 



Art. 12. The supervision by the state government, according to articles 4 and 10, of all 

 the forest lands shall be made by the nearest forest office ; and, in the more important cases, 

 by the state ministry, department of the interior, under advisement of the collective ministry 

 of the duchy. These officials shall talce cognizance of all complaints made by the wood-owners 

 against the subordinate officers of the forest department, who are cliarged with the manage- 

 ment and superintendence of the forest, and shall decide the points at issue. 



SECTION II. 

 FOREST RIGHTS AND CLAIMANTS' ACTION FOR DAMAGES. 



Art. 13. Persons claiming any forest rights or privileges are bound to observe strictly the 

 forest police regulations of the present law, the orders in support of tlie same, which may be 

 issued -by the ducal state ministry, department of the interior, or the ducal forest officers. 

 Forest rangers and managers are charged to see that the law and the regulations are not 

 violated. 



Art. 14. No claims on the score of forest rights shall hinder the wood-owner from carry- 

 ing out the plan of continual cultivation, so far as such claims may conflict with the manage- 

 ment of the woods in this regard, and in their relations to soil and climate. 



Art. 15. Claims for forest rights and privileges which shall interfere with the continued 

 cultivation of the woods in accordance with the plans approved by the respective forest offices, 

 shall, upon the proposition of the wood-owner, be considered by the overforester, who is 

 empowered to adjust and decide the same. Where several persons have claims of the same 

 kind upon the same piece of woods, the wodd-owner shall only make an appeal for the regu- 

 lation of such claims against the claimants collectively. Claims for damages on the part of 

 holders of rights and privileges against the owners of forest lands shall only be entertained 

 when the diminution of such rights and privileges is the direct result of the discontinuance of 

 the prescribed plan of cultivation, or of' mismanagement on the part of the present or former 

 owner of the woods, or when the enjoyment of such rights and privileges has been secured 

 by contract. 



Art. 16. If a claimant to forest rights shall protest against the changing of the species of 

 wood or the method of managing the forest, the ducal forest offices shall decide the point 

 whether; on the grounds of forest culture, the proposed change shall be necessary. If the 

 forest office shall determine that such change is required, then the claimant to forest rights must 

 consent, thereto, and shall receive for the rights of which he has tlius been deprived a proper 

 indemnification. This indemnity shall be, so far as the circumstances will allow, the exchange 

 of the former rights into others of similar value; and if this is not possible, a money compensa- 

 tion shall be made. 



Art. 17. Tlie wood-owner, as well as the forest-riglit claimant, is entitled to seek at the 

 hands of the forest office the adjustment of all vague and doubtful claims, excepting only uncer- 

 tain claims on the score of rights to building material. 



