FORESTRY IN GERMANY. I4I 



Art. 18. With regard to the right to timber for building matepal, the claimant must first 

 prove the need of such timber, and afterward its real employment for the purpose for which 

 it was obtained. In case that a claimant to timber rights shall obtain the building material 

 which he has demanded, the same must be applied within two years of the date of its delivery 

 to the purpose for which it was delivered, and in no case may be otherwise used. Violators of 

 this regulation will not only incur the punishment attaching thereto, but will be compelled to 

 return to the owner of the timber the full value of the same. This value is to be determined 

 by the forest office and to be computed fi-om the time of the delivery of said timber. 



Art. ig. Any wood or wood productions which may be given to officials of the govern- 

 ment for their own use, by virtue of their office, shall in no case be disposed of or diverted from 

 the original purpose, under the penalty made and provided for offenses of this nature. 



, Art. 20. New claims to forest rights cannot be established after the day of publication of 

 this law. 



SECTION III. 

 FOREST POLICE REGULATIONS. 



Art. 21. The boundaries of every wood must, under the acknowledgment of the respective 

 owners, be designated with properly marked boundary signs, which must be kept in good con- 

 dition. For this purpose one of the owners, in behalf of the others, shall, from time to time, 

 go over the ground, examine the boundary-marks, and at once cause to be repainted all those 

 upon which the sign has become illegible, and cause to be replaced those that have been removed. 

 These boundary-marks or signs are to be kept free from growing plants, and shall, as far as 

 possible, be set so close together that one shall be visible from the other. Trees which may 

 spring up on the boundary line are, at the direction of the forest office, to be removed by the 

 owners of the adjoining lands at their conunon cost, and the wood shall be equally divided 

 between them. Keeping the bouiidary-marks in good condition cannot be neglected by any 

 owner, and the cost must be borne in common. 



Art. 22. If it be necessary to carry away any wood product over a neighbor's land, or to 

 store wood thereon, the forest office must seek to make an agreement between the respective 

 owners ; but failing in this shall itself make terms with which the parties must comply. The 

 wood-owner, in case he is not bound to yield the use of his land gratuitously, has the right to 

 proper compensation for any damage to his ground and trees. 



Art. 23. Entire or partial deforestation, for the purpose of devoting the ground to any other 

 purposes than those of wood-growing, is prohibited. Exceptions in this regard may only take 

 place under the sanction of the ducal minister of the interior. 



Art. 24. Whoever, under the authority of the ducal minister of the interior, shall uproot a 

 piece of woods, shall be required to use the ground for the purpose alone for which the removal 

 of the trees was permitted. In order that the prescribed plan of cultivation may not be inter- 

 rupted, the approval of the felling must be confined to a special time, within which period the 

 removal of the trees must take place. 



Art. 25. Naked grounds which are capable of growing woods must be planted ; and, 

 after the trees have been felled in any place, should a spontaneous regrowth not occur, the 

 ground must be sown and cultivated. In carrying out this prescribed culture the forest office 

 shall fix a certain time in which the same shall be prosecuted ; and if at the expiration of this 

 period, nothing has been achieved, the forest office itself shall undertake the work, at the cost 

 of the delinquent, who shall also be liable to the prescribed punishment for his neglect. 



ArT; 26. Those lands, which in future shall be diverted from other purposes to forest 

 growth, shall likewise be subject to the same regulations which the law apphes to the 

 woods now in existence. However, the owner of such lands shall be bound first to cancel all 

 claims upon them for rights to pasturs^e (in accordance with the provisions of the law of May 

 5, 1850, article 61, relating to the liquidation of encumbrances on the soil), before such diver- 

 sion to the growth of forest shall take place. Should a private wood-owner, in the same way. 



