FORESTRY IN ITALY. ' 1 65 



Art. 30. All those claiming to have rights to pasture or other rights, in woods and lands 

 under forest bounds in accordance with the provisions of the presentjaw, must make, within two 

 years of its publication, a declaration furnished with titles and other indications of the evidence 

 in its support, at the office of the civil and correctional tribunal in whose jurisdiction is situ- 

 ated the land or woods in question. This declaration must be presented to the proper com- 

 munal office, which will forward it to that of the tribunal. 



On the expiration of the period above-mentioned the proprietors of the property have the 

 right to forbid, in the manner prescribed by law, the exercise of the right of use to those 

 who have not presented the above-mentioned declaration. The claimant to right of use has 

 the right within six months after the date of such prohibition, to make the aforesaid declara- 

 tion by paying a fine of from 5 to 20 lire, (^0.96^ to $3.86). 



■ On the expiration of the period last-above-mentioned those who have presented the proper 

 declaration will be able to exercise the rights of use, and all other persons will be understood 

 to have forfeited such right. 



Art. 31. Afier having cited all interested^ parties, with due diligence, the civil and cor- 

 rectional tribunal proceeding summarily, will give judgment (with the right of appeal) as to 

 the existence of the right claimed, and, if it exists, will define its nature and limits. 



Art. 32. When rights of use are exercised or claimed by the whole or part of the popu- 

 lation, then representation in the pleadings, agreements, and judgments, will be assumed by the 

 proper municipal administration. 



In such cases, the declaration prescribed by article 30 will be made by the municipal 

 administration. In every case there is reserved to each person claiming rights of use the per- 

 mission to prosecute them directly. 



In case of neglect to make a declaration, the administrators of the commune will be per- 

 sonally responsible for any injury sustained by their constituents. 



Art. 33. The state (except where the provisions of the law of November I, 1875, No. 

 2734 second series, forbids), the communes and corporations, and also private individuals, 

 can procure the release of their woods and lands from forest bounds, and whatever rights of 

 use mentioned in article 29, and following articles. 



Art. 34. Where the parties interested have not otherwise provided, the release will be 

 made by the cession to the uses of a part of the wood and land subject to the right of use, 

 having a value equal to that estimated to be the value of the right of use in such premises ; or 

 else by a compensation in money. 



In case the exercise of pasturage, or of other rights of use, should be recognized to be 

 wholly or in part necessary to the population, the ministry of agriculture, industry and com- 

 merce, after hearing the communal council, the forestal committee, and the state council, will 

 have the power to suspend, for such period of time as may be clearly necessary, the right of 

 release, regulating, nevertheless, the exercise of rights of use. 



Art. 35. Demands for release will be made to the prefect, who, after hearing the forestal 

 committee, will endeavor to conciliate the interested parties ; and, when he does not succeed 

 in so doing, will send them to the ordinary tribunal, before which proceedings will always be 

 taken summarily. 



temporary provisions. 



I 

 Art. 36. In those provinces where there are no forestal laws, the provisions of article 7, 



of the present law, will be applied as soon as the government shall have collected the opinions 



of the communal and provincial representatives. 



Art. 37. The prohibition of tilling is not applicable to lands included in the zone above 

 the chestnut zone, if they are already reduced to cultivation, with the exception of the provi- 

 sions of article 7. 



Art. 38. For the commission mentioned in article 2 of the law of July 4, 1874, No. 201 1, 

 (second series) is substituted the forestal committee, established by the present law. 



