190 France. 



commimal property. But on the other hand "the right 

 of the third" (triage), originating in the 14th century as 

 an outgrowth of feudal relations, gave to the seigneur, 

 whenever he wished to exercise it, one-third of the prop- 

 erty free of all rights of user, and in this way the com- 

 munal area was diminished until in 1667 the widespread 

 abuse of this right led to an ordinance abolishing it. It 

 was, however, re-established by the ordinance of 1669 in 

 all cases where the forest had been gratuitously ceded by 

 the seigneurs, or when the remaining two-thirds was 

 deemed sufficient for the needs of the parish. Not until 

 1790-1792 was the exorbitant right finally abolished. 



As an out-growth of the revolutionary doctrine, the 

 most radical legislation in 1793 decreed presumptive 

 ownership by the municipal corporations to all 

 lands for which the claimant could not show a deed 

 of purchase, excluding any title acquired as a result of 

 feudal relations. The day of revenge of all old wrongs 

 had come and, appeal to justice being useless, the muni- 

 cipalities increased their holdings freely. Although 

 later legislation attempted to arrest this public theft 

 and to restitute some of the stolen property, the com- 

 munal forest area represents to-day a considerable con- 

 tingent, namely 5 million acres or 23 per cent, of the 

 total; private property with 14.8 million acres repre- 

 senting 65 per cent, of the total which is 22.7 million 

 acres (17.8 per cent, of the total land area). 



Bights of User had grown up in the same manner as 

 in Germany, but efforts to get rid of them and to pre- 

 vent their extension were instituted much earlier, Philip 

 of Valois expressly forbidding such extension in 1646. 

 Nevertheless they continued to grow so that by the mid- 



