FORESTRY IN GERMANY. 1 43 



burning. In seasons of particularly dry or very stormy weather the making of fires is abso- 

 lutely prohibited. Whoever shall make a fire is bound to quench the same entirely before 

 leaving the vicinity. 



Art. 36. Before charcoal-burning in the woods is begun, in every case notice must first be 

 given to the forest ofEcials (and this applies to the owners of private woods also) whose special 

 regulations must be awaited, and carefully followed by the workmen. The regulations of 

 article 35 also apply to the business of charcoal-burning. Persons who may do damage to 

 the woods or to the chase, or whose presence in the forest otherwise causes injury, are to be 

 excluded by the forest oiUcials or wood-owners from the charcoal-pits. 



Art. 37. If buildings shall be erected within the woods, or within 300 paces of the same, 

 where business is carried on involving risk of fire, the sanction of the police must previously 

 be obtained, and this sanction must always be reported to the forest office. Without this police 

 sanction every building, or annex thereto, shall be removed at the requisition of the forest 

 office, and the expense of removal shall be borne by the builder, in addition to the other pun- 

 ishment which is incurred by his offense. 



Art. 38. In case a fire shall break out in the woods, the inhabitaats of the neighboring 

 villages or communities are bound to render aid immediately to extinguish the flames. 



Art. 39. Should signs or traces of injurious insects appear in the woods, the regulations for 

 extirpating such insects and protecting the growth which have been established by the forest 

 office, shall be followed without delay. Hardships or annoyances resulting from such regula- 

 tions will not be considered. If the regulations shall not be followed, the forest offiice shall 

 itself direct the work to be done at the expense of the delinquent, who shall also be liable in 

 addition to the penalty incurred by his failure. 



Art. 40. The carrying away of timber, &c., as well as felling and preparation of wood and 

 other work in the forest, with the exception of charcoal-burning, shall take place only between 

 sunrise and sunset. But the forest officials are, nevertheless, empowered to modify this regu- 

 lation so far as concerns the hauling away of timber in special cases. 



Art. 41. Whoever shall undertake to uproot a piece of woods (article 23) without the per- 

 mission of the police authorities of the forest, will be liable to a fine of not less than one-quar- 

 ter of the value of the wood so uprooted, and of not more than the full value of the same. In 

 such a case the ducal forest office is required to compel the replanting of the woods within a 

 specified time ; and in the event of failure on the part of the owner to comply, the replanting 

 shall be done by tlie forest officers and the expenses of the work shall be assessed upon the owner. 



Art. 42. Violations or neglect of the ordinances laid down in articles 21, 22, 24, 25, 26, 

 27, 28, 29, 30, 31, 32, 34, 35, 36, 37, 38, 39, and 40, and the regulations of the forest offices 

 and officials in support of the same, will be punished in accordance with the penalties affixed 

 by the forest laws to such offenses ; and, if such violations and neglect are not provided E^ainst 

 by said laws, a fine from i gulden to 50 guldens may be imposed, or arrest and imprisonment 

 at hard labor in default of payment. 



Art. 43. Unauthorized interference in the business of the technical management of the 

 officials who are in control of the woods belonging to communities, corporations, churches, and 

 institutions will be punished at the decision of the forest offices by a fine of from I gulden to 

 25 guldens, or in default of payment to imprisonment. 



Art. 44. The ducal state ministry, department of the interior, is charged with the execu- 

 tion of article 4, c&c, of this law. 



The present law shall go into operation on the day of the publication thereof. 



All laws conflicting with this law are hereby repealed. 



Witnessed under our own hands and signatures and given under the seal of the Duchy of 

 Saxe-Meiningen on the 29th day of May, 1856. 



BERNARD ERICH FREUND. 

 Hardon E. Hossfeld. 

 Dr. Oberlander. 

 F. V. Uttenhofen. 



