r-'- i^Wy SD 93 .P55 1904 fM:/4j..u^, DEPARTMENT OF THE INTERIOR. 1^?^?? ' ' '" BUREAU OF FORESTRY. A 528620 The Forest Manual CONTAINING THE FOREST ACT (NO^ n48), EXTRACTS FROM OTHER LAWS OF THE PHILIPPINE COMMISSION RELATING TO THE FOREST SERVICE, AND THE FOREST REGULATIONS PREPARED IN ACCORDANCE WITH THE PRO- VISIONS OF THE FOREST ACT. PUBLISHED BY AUTHORITY OF THE PHILimNE COMMISSION. MANILA: BURKAU OF PtJELlC PRINTING. 1904. ^f'^^\m:'MiM ^ti;^,.-:^^^:-,-: rm VI: \ r '' ; .1 I'i i V'j'l M* - \ - ^v ^'^ .:'F-'' .. ^.., • ■' ■ ^'. ■■' r;..' ', 't'- ly t,> '* '^ '-, ■/," ^'-^'^' ,f ■:;> K/..> !;■'; i'/ ■• ■ ■■'l'^' fij*; : . ■ ,i' V f'^' ii^:\ i >.-. t-r ";r^:' ■. P ^..M-' ■'. ■-y,,.; |r^^ i'*" ■ DEPARTMENT OF THE INTERIOR. BUREAU OF FORESTRY. 1 HE Forest Manual CONTAINING THE FOREST ACT (NO. n48), EXTRACTS FROM OTHER LAVS OF THE PHEJPPINE COMMISSION RELATING TO THE FOREST SERVICE, AND THE FOREST REGULATIONS PREPARED IN ACCORDANCE WITH THE PRa - VISIONS OF THE FOREST ACT. PUBLISHED BY AUTHORITY OF THE FHILffPINE COMMISSION. 19454 MANILA: BUREAU OP PUBLIC PRINTING. 1904. LETTER OF TRANSMITTAL Department of the Interior, Bureau of Forestry, Office of the Chief of Bureau, Manila, Jime SO^ 190 Jp. Sir: I have the honor to transmit herewith the manuscript of '^The Forest Manual/' containing The Forest Act, extracts from other laws relating to the forest service, the forest regulations, and notes, and recommend its publication. Very respectfully, George P. Ahern, Caiptain Ninth United States Infantry^ Chief of Bureaih of Forestry, The Secretary of the Interior^ Manila, P. /. 3 afP^41 CONTENTS. Page. The Forest Act 9-19 Extracts from other acts of the Commission 28-29 The Forest Regulations 33-46 Notes 49-53 Index 57 5 THE FOREST ACT. THE FOREST ACT. No. 1148— An Act to regulate the use of the public forests and forest Amending 49, reserves in the Philippine Islands and repealing General Orders, ''^''^j^o^ealine 274 Numbered Ninety-two, series of nineteen hundred, Act Numbered g. 0., 92. * Two hundred and seventy-four, and sections twenty of Act Num- bered Forty-nine, eleven of Act Numbered One hundred and nine- teen, and eleven of Act Numbered One hundred and twenty. By authority of the United States, he it enacted hy the Philippine Commission, that: ' Section 1. The short title of this Act shall be "The Forest The Forest Act. Act." Sec. 2. The public forests and forest reserves of the Philippine Public forests Islands shall be held and administered for the protection of the serves. *^^^^ ^^" public interests, the utility and safety of the forests, and the per- petuation thereof in productive condition by wise use; and it is the purpose of this Act to provide for the same. Sec. 3. The public forests shall include all unreserved public \^^l^^ forests lands covered with trees of whatever age. ^ "^ * Sec'. 4. Upon the recommendation of the Chief of the Bureau Proclamations of Forestry, with the approval of the Secretary of the Interior, ^^ ^^^^^^ reserves, the Civil Governor may set apart forest reserves from the public lands, and he shall by proclamation declare the establish- ment of such reserves and the boundaries thereof, and therea'fter such forest reserves shall not be entered, sold, or otherwise disposed of, but shall remain as such for forest uses, and shall be administered, except as provided in this section, in like manner as the public forests under this Act: Provided, That the Civil ^P^?^^®^' modi- Governor may in lilve manner by proclamation alter or modify cation!^ ^" ^^^*^' the boundaries of any forest reserve from time to time, or revoke any such proclamation, and upon such revocation such forest reserve shall be and become part of the public lands as though such proclamation had never been made. Sec. 5. The public forests and forest' reserves and the timber. Limitation upon firewood, gums, and other products thereof shall not be sold, ^^^^> lease, etc. entered, leased, or otherwise disposed of except as herein provided: Provided, That any mining claim, as defined in section one of Provisos: Act Numbered Six hundred and twenty-four, entitled "An Act prescribing regulations governing the location and manner of recording mining claims, and the amount of work necessary to —mining claims, hold possession of a mining claim, under the provisions of the Act of Congress approved July first, nineteen hundred and two, entitled 'An Act temporarily to provide for the administration of the affairs of civil government in the Philippine Islands, and for other purposes,'" in any of the public forests and forest ' reserves shall be entered only as provided in said Act Numbered Six hundred and twenty-four, and the provisions of this Act shall not be applicable to the entry and location of such claims, but they shall be governed by Act Numbered Six hundred and 9 10 —stone, earth, etc. twenty-four exclusively: And provided further, That the author- ity given by the Chief of the Bureau of Forestry, as hereinafter provided, to issue licenses for the taking of stone and earth from public forests and forest reserves shall be understood to apply only when such stone and earth is taken from lands not more valuable for mining purposes than for other purposes, and therefore not subject to entry as a mining claim. Prescription. Sji:c. 6. No prescriptive right to the use, possession, or enjoy- ment of any forest product, nor any permanent concession, con- tinuing right, privilege, or easement, of any kind whatsoever, upon or within or respecting the products of the public forests or forest reserves, shall occrue or be granted except as provided in this Act. But the public forests and forest reserves shall be and remain open of access for all lawful purposes to the people of the Philippine Islands except as provided in this Act. Lands more val- Sec. 7. Lands in public forests, upon the certification of the Uvre.^ ^^ agricu - qj^j^^ ^j ^^iq Bureau of Forestry that said lands are better adapted and more valuable for agricultural than for forest pur- poses and nat required by the public interests to be kept under forest, shall be declared by the Secretary of the Interior to be . agricultural lands. ciSerof BureaT^^ When in his opinion the public interests so require, the ' Chief of the Bureau of Forestry may make application to the Chiefs of the Bureaus of Agriculture and Public Lands for the detail of an official from each of the said Bureaus to form, .with an official from the Bureau of Forestry, a committee for the purpose of assisting said .Chief of the Bureau of Forestry, in making this certification, and upon the receipt of said application it shall be the duty of each of said Chiefs of the Bureaus of Agriculture and Public Lands to direct one of his subordinates to render the assistance applied for. Regulations to g^c. 8. The Chief of the Bureau of Forestry, with the approval beprescri e . ^^ ^^^^ Secretary of the Interior, shall prescribe such regulations not inconsistent with the provisions of this Act as may be ex- pedient or necessary for the protection, management, reproduc- tion, occupancy, and use of the public forests and forest reserves, and the said Chief, with the approval of the Secretary of the Interior, is hereby authorized to alter and revise such regulations. He shall in particular provide for the use of the public forests and forest reserves in such manner as to insure for the future a continued supply of valuable timber and other forest products. I^eases. s^j,^. 9. The Chief of the Bureau of Forestry, with the approval of the Secretary of the Interior, may, upon proper terms which he may deem reasonable, lease, as herein provided, tracts of land not exceeding four hectares in extent in the public forests and forest reserves, to any person or to any association of persons —for sawmill sites, holding timber licenses, for occupancy as sites for sawmills or ^ ^' timber depots, and the Secretary of the Interior may grant free rights of way through the public lands to enable such person, or association of persons, to get acpess to the lands to which such licenses apply. safe of°firew?od ^^^^' ^^' '^^^^ ^^^^^^ ^* ^^^ Bureau of Forestry, with the approval and other prod- of the Secretary of the Interior, may select for sale or disposal, ucts. and may sell or dispose of by license, from the public forests and forest reserves, at rates of charge to be established by him in accordance with the provisions of sections eleven and twelve of this Act, any timber, firewood for commercial use, gums, resins. 11 and other forest products^ whose removal will not be detrimental to the public- forests or forest reserves or to the interests which depend upon them. Sec. 11. For the purposes of this Act the various provinces in Provinces divid- the Philippine Islands are divided into two classes : ^ ^^^^ classes: Class A shall include the Provinces of Abra, Bataan, Batangas, —Class A. Benguet, Bulacan, Capiz, Cavite, Cebu, Ilocos Norte, Ilocos Sur, Iloilo, La Laguna, Nueva Ecija, Pampanga, Pangasinan, Romblon, Kizal, Sorsogon, Tarlac, Union, and Zambales. Class B shall' include the Provinces of Albay, Ambos Cama- —Class B. rines, Antique, Bohol, Cagayan, Isabela, Lepanto-Bontoc, Leyte, Masbate, Mindoro, Misamis, Moro, Negros Occidental, Negros Oriental, Nueva Vizcaya, Paragua, Samar, Surigao, and Tayabas. For the purposes of this Act tlie various native trees are Native trees di- divided into four groups: vided: The lirst group shall include acle, betis, baticulin, camagon, —first group, ebony, ipil, lanete, mancono, niolave, narra, tindalo, and yacal. The second group shall include alupag, aranga, banaba, bansa- —second group, laguin, banuyo, batitinan, bolongeta, calamansanay, calantas, dungon, guijo, macaasin, malac'adios, mangachapuy, palo Maria, supa, teak, and tucan-qalao. The third group shall include agoho, amuguis, anubing, apitong, —third group, batino, bitanhol, catmon, calumpit, cupang, dalinsi, dita, dungon- late, malacmalac, malapapaya, malasantol, mayapis. nato, palo- sapis,, panao, sacat, santol, tamayuan, and tanguile. The fourth group shall include anahao, anam, apuit, bacao, —fourth group, balacat, balinhasay, batete, bayoc, bonga, bulao, lauan, malaano- nang, malabalac, malabonga, mangasinoro, manicnic, pagatpat, and pagsainguin. Sec. 12. T]ie metric system of weights and measures, as adopted Metric system. by sections, thirty-five hundred and sixty-nine and thirty-five hundred and seventy of the Kevised Statutes of the United States, shall be used. On each cubic meter of timber which may be cut in any public Charges on cut forest or forest reserve in any of the provinces of the Philippine ti^^iber. Islands for domestic sale or consumption, or for export, there shall be paid, within thirty days from date of the receipt by the owner or his agent of the order of payment of the Government —payment, charge on the same, into the Insular Treasury, as provided by existing law, the following sums: On all timber included in the first group cut in any province in Class A, five pesos; when cut in any province included in Class B, two pesos and fifty centavos. On all timber included in the second group cut in any province — hy groups and included in Class A, three pesos; when cut in any province in- provinces, eluded in Class B, one peso and fifty centavos. On all timber included in the third group cut in any province included in Class A, one peso and fifty centavos ; when cut in any province included in Class B, one peso. On all timber included in the fourth group and on all non- enumerated timber cut in any province included in Class A, one peso ; when cut in any province included in Class B, fifty —proviso, timber centavos: Provided; That when timber cut in provinces included gums, resins, and other forest products from the public ciusfve. ^ ^^^ ' forests and forest reserves. Every license so issued shall specify in detail the rights to which it entitles the holder and shall pro- 13 vide, whenever practicable, for exclusive territory, in similar products to each licensee. All licenses for timber shall pro- vide for the selection of said timber before cutting : Provided, —Proviso, discre- That when absolutely necessary the selection of timber or the 30^" 908.^" ^ granting of exclusive territory may, in the discretion of the Chief of the Bureau of Forestry, be omitted in any license termi- nating not later than June thirtieth, nineteen hundred and eight, after which dajte the selection of timber and the granting of exclusive territory whenever j^racticable shall be required. Sec. 14. No license granted under the provisions of this Act —license period, shall continue in force for more than tAventy years. The Chief ™*^^^°^ of the Bureau of Forestry, with the approval of the Secretary of the Interior, may, in granting any exclusive license, pi'<^scribe _^^j.^g condi- such terms, conditions, and limitations not inconsistent with tions, and limita- the provisions of this Act, including a minimum amount of tions. timber to be cut within a specified period or periods of time, as may be deemed by the Chief of the Bureau of Forestry and Secretary of the Interior to be in the public interest, and may provide in such licenses for forfeiture thereof in case of viola- tion of such terms, conditions, or limitations. Sec. 15. The Chief of the Bureau of Forestry, with the approval "^nses^^t^^b^^an' of the Secretary of the Interior, shall publicly announce what nomiced? ^ ^^' classes of licenses shall be issued. Sec. 16. The Chief of the Bureau of Forestry may, for viola- -revocations or tions of The Forest Act or of the regulations to be determined and '^^^P^'^^^^"^- declared by him, with the appi-oval of the Secretary of the In- terior, revoke or temporarily suspend any license. Sec. 17. A gratuitous license to cut and use timber for mining Gratuitous 11- purposes shall be granted on application to the holder, locator, miJfhig purposes?^ owner, lessee, or operator of a mining claim. Said license shall be limited to the claim on which the timber is cut, and no timber shall be used under such license except in the development of the claim upon which it is cut. Said license shall specify the kinds and uses of the timber to which it entitles the holder, and the territorial limits within which it is valid. A miner's timber license to cut timber in the public forests or forest reserves other than that standing on the claim and desired for the development of said claim may be obtained on application by the holder, locator, owner, lessee, or operator of a mining claim. Said license shall specify the kinds and uses of the timber to which it entitles the holder and the territorial limits within which it is valid. _ , The Government charge on timber thus used under a miner's ~^ arges. timber license shall be one-half the rate prescribed for the prov- ince within which said timber is cut. . , Sec. 18. The Chief of the Bureau of Forestry, with the approval stoife^or earUi for of the Secretary of the Interior, may designate for sale or disposal, sale, etc. and may sell or dispose of by license from the public forests and forest reserves, . stone or earth the removal of which will not be detrimental to the public forests or forest reserves or to the interests which depend upon them. The rates of charge shall be determined by him in each case with like approval. The Chief of the Bureau of Forestry may, Avith the approval ~ovir^^ ^^' of the Secretary of the Interior, grant licenses for the removal of such stone or earth, and in such licenses may prescribe such terms, conditions, and limitations, including a minimum amount of stone or earth to be removed within a specified period or periods of time as may be deemed by the Chief of the Bureau of Forestry 14 and the Secretary of the Interior in the public interest,, and may provide in such licenses for forfeiture thereof in case of viola- tion of such terms. Gratuitous li- Sec. 19. The Chief of the Bureau of Forestry, under regulations censes. ^^ ^^ prescribed by him, with the approval of the Secretary of the Interior, may grant gratuitous licenses for the free use of —for firewood. timber, firewood, gums, resins, and other forest products, and of stone and earth, in reasonable quantities and within definite —for domestic and territorial limits, for domestic purposes, and not for sale, barter, public purposes. Qj. gj^y other use whatsoever. He may also, within definite territorial limits, similarly prescribe the free use of forest —proviso, a prohi- products and of stone and earth for public works: Provided, That a gratuitous license for woods of the first group shall not be issued Surveys. gj^C. 20. The Chief of the Bureau of Forestry, with the approval of the Secretary of the Interior, may, when the public interests so require, make requisition ujDon the Bureau charged with public surveys, to proceed to demarcate, establish on the ground, and erect monuments along the boundaries of any public forest or forest reserves; and it shall be the duty of the last-named —proviso, duplica- j^i^n-eau to comply with said requisition : Provided, That no of survey. ' duplication of work shall be caused by such demarcation: And provided further, That the cost of such demarcation shall be defrayed from the revenues of the public forests or forest reserves. Uniformity and Sec. 21. In order to promote uniformity and cooperation in the cooperation. forest work of the Philippine Islands and the United States, and to facilitate the comparison of results, the methods of the Philip- pine Bureau of Forestry in forest measurements, timber tests, silvicultural observations, and other forest work, shall, so far as practicable, and in the discretion of the Chief of the Bureau of Forestry, be based upon the corresponding methods of the Bureau Officers and em- *^^ Forestry of the United States Department of Agriculture, ployees, pecuniary Sec. 22. No officer or employee of the Bureau of Forestry shall interests prohibit- have any pecuniary interest in any forest or in any business in ^^- , lumber, firewood, gums, resins, or other forest products, or stone —proviso, excep- ^j, earth, in the Philippine Islands; Provided, That this prohibi- tion shall not apply to guards or assistant guards, or to persons temporarily acting as guards or assistant guards. Arrests without Qec. 23. Every official, employee, or agent of the Bureau of process. Forestry is empowered to make arrests without process in or upon the public forests or forest reserves, or territory adjac.ent thereto, of any person who is committing or attempting to commit any violation of this Act or the regulations established thereunder, and it shall be the duties of governors of provinces, the Philippines Constabulary, and of municipal presidents to assist in making the arrests prescribed in this section when —members of non- called upon to do so. Where the person or persons found violat- Christian tribes, j^g the provisions of this Act are members of a non-Christian tribe, they shall be dismissed with a warning in the case of a first offense, but upon conviction of a second offense shall be Warrants to be punished as in this Act provided for violations hereof. When obtained. r^^y arrest is made under the provisions of this section without warrant, the official, employee, or agent of the Bureau of Forestry shall obtain a warrant from competent authority at the earliest Prompt examin- practicable moment under the circumstances. Prisoners with ation ofprisoners. or without warrant shall in all cases within twenty-four hours, if reasonably practicable, be .brought before a judge or justice of 15 the peace having jurisdiction over the offense for examination and release under bail if the offense is bailable. Sec. 24. Every private owner of forest land shall register his Private owners title to the same with the Chief of the Bureau of Forestry. In 9f^<^restlaTid,reg- the absence of such registration, wood cut from alleged private ^^ ^^" lands and not from public forests or forest reserves shall be con- —presumption sidered as cut under license from public forests or forest reserves, J^^^P ^^* ^®^^®' and shall be subject to all provisions of this Act and of the regu- ^^^ ' lations established thereunder in such case applicable. When in his opinion the public interests so require, the Chief .Kxamination of of the Bureau of Forestry may make application to the examiner *^^^*^®- of the Court of Land Registration or the fiscal of the province in which the land lies, for such assistance as may be necessary in the examination of the titles thereof, with a view to their regis- tration in the Bureau of Forestry, and upon the receipt of such application it shall be the duty of the fiscal or examiner of —rovided by law, and at the same amounts in Philippine currency as are now fixed by law for such taxes,, fines, and penalties in Mexi- can currency: Provided, hotoever, That Spanish-Filipino coins may be I'eceived in payment of such taxes, fines, and penalties at the official ratio that shall from time to time prevail until such time as Spanish-Filipino coins shall by law cease to be receivable for public dues. Sec. 3. On and after January first, nineteen hundred and four, all compensation tliat is provided Ijy law for Insular or provin- cial officers and employees, wherever such compensation is fixed in M;exican currency, and all official fees and charges. Insular, provincial, or municipal, wherever such fees are fixed in Mexi- can currency, shall be payable in Philippine currency, on the basis of one Philippine peso for one M^exican dollar. 29 Act No. 1189.— The Internal Revenue Law. ■»■ ■jt # -» # Sec. 147. Of the taxes assessed and collected by virtue of the Proportionment provisions of this Act the following shall inure to the Insular ^^ ^^^*^y^^^\^f^*5^^ Treasury and be devoted wholly to the purjjoses of the Insular Government, except such portion thereof as is in this article set apart for the use and benefit of the provincial and municipal governments : . First. All stamp taxes. «• * ^^ -if- tt Tenth. All taxes on forestry products. Sec. 150.- Ten per centum of all revenues accruing to the Insular Treasury by virtue of the provisions of this Act shall be set apart by the Insular Treasurer for the benefit of the several provincial governments for general provincial purposes, and said sum of ten per centum shall be apportioned among the several provinces in proportion to their respective populations as shown by the census of nineteen hundred and three. Fifteen per centum of all the revenues accruing to the Insular Treasury by virtue of the provisions of this Act shall be set apart by the Insular Treasurer for the benefit of the several municipal gov- ernments for general municipal purposes in accordance with laWj and said sum of fifteen per centum shall be apportioned among the several municipalities in proportion to their respective populations as shown by the census of nineteen hundred and three: Provided, That of the fifteen per centum of the revenues set apart by this section for the benefit of the several munici- pal governments, one-third thereof shall be utilized solely for the purposes of the maintenance of free public primary schools in the respective municipalities, including the payment of teach- ers, the building of schoolhouses, and other expenditures apper- taining to the maintenance of the public schools. For the pur- poses of this Act the city of Manila shall be deemed as a municipality and as a province, so that in the apportionment to the several provinces and municipalities it shall receive on a basis of twenty-five per centum. The distribution of funds to the provinces and municipalities under this section shall be made once every three months, beginning with the first day of January, nineteen hundred and five. Sec. 151. Wherever in this Act it is prescribed that a duty shall be performed by the provincial treasurer and his deputies, the duty so imposed on the provincial treasurer and his deputies shall be performed in the city of Manila by the City Assessor and Collector and his deputies. THE FOREST REGULATIONS. 31 THE FOREST REGULATIONS. These regulations are established in accordance \yith the provi- sions of The Forest Act (No. 1148). I. (a) Forest reserves differ from public forests in that the Forest reserves, former are exempt from entry (except for mining claims) and (6) Licenses will he issued for the cutting, collection, and Licenses, removal of forest products from forest reserves. The operations of licensees on forest reserves will be subject to the constant and personal supervision of the ofTicers in charge. II. (a) Land will be considered more valuable for agricultural Agricultural than for forest purposes if worth more per acre cleared than are ^^^<^- land and trees together when not cleared. (h) Persons who desire to enter agricultural land in any public forest, in accordance with the provisions of section seven ' of The Forest Act, must, before making such entry, obtain from the 'Chief of the Bureau of Forestry a certificate setting forth that said land is more valuable for agricultural than for forestry purposes and is not required by public interests to be kept under forest. Blank forms of application for such certificate will be supplied by the Bureau of. Forestry on request. o III. Sites for sawmills or timber depots not exceeding four Sawmill sites, hectares in extent may be leased to holders of timber licenses for periods of hot more than twenty years, under such property terms, not inconsistent with the provisions of section nine of The Forest Act, as may be deemed reasonable by the Chief of the Bureau of Forestry, approved by the Secretary of the Interior, and included in each instance in the lease. Blank forms of application for such leases may be obtained from the Bureau of Forestry. IV. The volume of approximately octagonal logs (four sides , ^P^"J^^ ^^ *^^'' being hewn and the other four unhewn) will be ascertained by tained.*^^^ ascer- multiplying eight-tenths of the square of the average diameter connecting the two pairs of opposite unhewn sides of the smaller end and multiplying the result by the length. x.::: Example: Average diameter between opposite unhewn sides of smaller end, 51 centimeters; length, 14 meters. .51 X .51 X -8 X 14 = 2.923 cubic meters. V. In the measurement of a log having an eyehole or a rope hole in one end, the length taken will be the distance from such hole to the more distant end of the log: Provided, That if such hole be more than thirty centimeters from the nearer end of the log, thirty centimeters only will be deducted from 19454 3 33 34 the full length of the log in estimating the length for the purpose of determining its cubic contents. VI. The volume of pieces of timber which come to a point or nearly to a point at one end, will be determined by multiplying the square of the average diameter by eight-tenths and the result by the length; one-half of the diameter of the large end will be considered the average diameter. VII. Pieces of wood more than one and one-half meters in length and fifteen centimeters in diameter will be designated as timber. Government VIII. In determining the Government charges on minor forest producls^^^ °^^"^^ Pi'oducts other than firewood— i. e., charcoal (carbon vegetal), gums (gomas and gutapercha), resins (almaciga and breas), wood oils (balao), dyewood {sibucao, maderas tintoreas), dye- bark (nigue), and tanbark (cascalote) — ^the actual value at the market nearest the forest where the product is gathered will be taken as the "actual market value." The following weights and measures will be used in manifesting such minor forest products: The metric quintal for gums, resins, and dyewoods. Tlie liter for wood oils. Tlie cubic meter for charcoal. Tanbark and ayebark will be estimated by the thousand pieces, provided that where the pieces are not of uniform size or are so small as to make their counting burdensome, the metric quintal may be used. Licenses: GENEUAL PROVISIONS KEIATIVE TO LICENSES. — to cut, remove etc. IX. (a) Licenses issued under the provisions of The Forest —authority of.js^^ct will entitle the holders for certain fixed periods of time to holders. ^^^^^, ^^^^^^ definite tracts of public land and obtain therefrom, under conditions stated in the licenses, the material designated therein, but will not convey any further right or authority. (b) Licenses to cut, collect, and remove timber, firewood, gums, resins, or other forest products from public forests and forest reserves will, with the approval of the Secretary of the Interior, be granted by the Chief of the Bureau of Forestry: Provided, That special authority to grant licenses for small amounts of forest products may be given by the Chief of the Bureau of Forestry to foresters, assistant foresters, inspectors, and assistant inspectors. They will be of the following four general classes: (1) License agreements, which will provide for the exclusive privilege of cutting, collecting, and removing forest products for a period not to exceed twenty years over areas of public forest larger than those granted in- ordinary licenses. These agreements will provide certain conditions, limitations, and restrictions, including a minimum amount of timber to be cut during the first year, and methods of cutting and hauling the same to prevent undue injury to the forest, responsibility of agents and employees, and the charges to be collected on forest products. (2) Miners' licenses, which will provide for the cutting, collect- ing, and removing of timber from the public forests or forest reserves for use in developing the mines mentioned in the licenses. The timber so cut to be paid for at one-half the ordinary Govern- ment charges on such timber. —agreements. 35 (3) Gratuitous licenses, which will provide for the cutting, —gratuitous, collecting, and removing of forest products from public forests and forest reserves free of charge. Such licenses may be granted under certain conditions, restrictions, and limitations to needy residents, miners, or to officials for use in public works. (4) Ordinary license's, which will provide for the cutting, col ordinary. lecting, and removing from public forests and forest reserves of forest products on which the full charges prescribed in section 12 of The Forest Act are due. (c) Every license issued will be delivered to the licensee —delivery of. attached within the covers of a book containing a copy of The Forest Act, of these regulations, and of any special pules appli- cable to said license, together with lists of the forest reserves and of protected areas, and such other information as may be deemed, of value by the Chief of the Bureau of Forestry. (d) In granting licenses covering given forest tracts or other —preferences, tracts in their immediate vicinity, preference will be given to persons to whom licenses have previously been granted and who have obeyed the law and regulations and have aided in pro- tecting the forests; to residents of municipalities or settlements in which the timber or other forest products to be collected are situated; to applicants for small amounts of timber or other forest products for their own immediate use; and to persons or associations of persons contemplating the employment upon a considerable scale of modern machinery and logging methods. (e) Licenses will ordinarily be granted for a period of one —periods. year, except in cases where special cause is shown for granting them for a longer period. if) The number of licenses granted in each province will be —number limited, limited, and will depend upon the forest conditions in the prov- ince and the needs of the people. ig) No license will be granted except upon the express con- Responsibility dition that the licensee assumes responsibility for all the acts of licensee, of his agents. APPLICATIONS FOR LICENSES. Applications for licenses: X. (a) Applications for licenses must be made on official forms, which will be furnished on request by any executive officer of the Bureau of Forestry or by the Chief of the Bureau, and —contents, must contain the following information: (1) The class of license desired. (2) The kinds and amounts of timber or other forest products applied for. (3) The name, age, citizenship, residence, and occupation of the applicant. (4) A statement of former licenses granted to him or to any corporation, partnership, or association of persons with which he has been connected. (5) The amount of forest products gathered under last license granted applicant, if any. (6) Facilities for logging. (7) Amount of caj^ital applicant has available and purposes to employ in operations under the license if granted. (8) Applicants for gratuitous licenses must state in detail Gratuitous li- the use to be made of the forest products for the taking of tS^^' ^^^ ^^^' which a gratuitous license is requested, and any person making use of such forest products other than that stated in the license 36 —timber for pub- lic works. —Manila. —corporations. License ments. agree- Gratuitoua censes: will be proceeded against under the provisions of section twenty- nine of The Forest Act. (9) Applications for gratuitous licenses to cut timber for public works must be forwarded by the local forest officer to the oftice of the person, if any, discharging the duties of pro- vincial supervisor for the province in which the forest products for the taking of which license is requested are situated. (10) Eesidents of Manila who desire licenses to gather forest products in the provinces may file their applications in the Manila office. (11) When application is made for a license by an incorpo- rated company, a certified copy of the articles of incorporation must be submitted with such application. LICENSE AGREEilENTS. XI. (a) A license agreement will be granted only for territory where extensive cutting extending over a period of years can be allowed and where logging operations can be personally super- vised by forest officers. A minimum annual cutting will be required, the amount so required to be cut depending upon the forest conditions in the territory covered by the license and the extent of the territory. Should the amount of timber cut be less than that prescribed in the license agreement, the Chief of the Bureau of Forestry may reduce the area of timber land cOA^ered by the license. GEATUITOUS LICENSES. -private. Xil. {a) Gratuitous licenses will be granted as follows: (1) A private gratuitous license for a needy resident Avill be issued only upon the certification of his need by the president of the municipality or settlement in which the applicant resides, or upon that of the local forest officer, and upon the sworn agreement by such applicant that he will employ the timber or use the forest products for which he applies solely for his own use and benefit aiid will not sell the same or dispose of it in any other manner than that authorized in the license. A private gratuitous license may be granted for not more than tliirty cubic meters of timber of the second, third, or fourth groups. The amount of timber gi'anted by gratuitous license to a needy resident will depend to some extent upon the abun- dance of bamboo in the vicinity of the applicant's residence. (2) A public gratuitous license for timber' to be used in public works, entitling the holder free of charge to take such amount of timber as may be needed in the public works desired. (3) Miner's gratuitous license. (See Regulation XIII.) (6) If any person holding an ordinary license cuts or removes timber from public forests or forest reserves for a person holding a gratuitous timber license, such ordinary license may be for- Limitations up- feited. A gratuitous license will not be issued to a holder of ^^ensees^"^*^"^ '^' ^^ ordinary license of the same class. Holders of gratuitous ^ ' licenses are prohibited from giving away or selling any wood or other forest products cut thereunder. Wood or other forest products cut must be used for the purpose specified in the license and should there be any surplus the regular Government charges may be collected thereon. (c) Should any person holding a gratuitous license for cutting —public. —miner's. Trespass by or- dinary licensees. 37 or gathering forest products fc»r his personal and exchisive use, or for public works, gather ;i greater quantity than is allowed by the license, or take different classes from those specified, or apply them to difl'erent objects from those stated in the license, such products will be considered as taken without a license, and the offender will be compelled to pay thereon the charges pre- scribed in section twenty-five of The Forest Act. MINERS* LICENSES. Miners' licenses. XIII. A miner's timber license or a miner's gratuitous license will be granted in accordance with the provisions of section seventeen of The Forest Act upon application by the holder, locator, owner, lessee, or operator of a mining claim who submits satisfactory evidence of registration of" the claim on which he proposes to use the timber. Timber cut by miners in violation of The Forest Act, forest regulations, instructions or orders of forest officers may be considered as cut without license and charged for at double the full Government 'rate. FORFEITURE OF ORDINARY TIMBER LICENSES. ' Forfeiture of li- censes. XIV. Holders of ordinary timber licenses will be allowed four months' time within which to begin operations. At the expira- tion of that period, persons who have taken no advantage of their licenses may, unless good reason be showA, have them forfeited because of such failure to take advantage thereof. In the event of such forfeiture, applicants for timber licenses who are on the waiting list will be notified that they may. renew their applications. Forest officers will report monthly on the report of utiliza^lion of forest products, (Bureau of Forestry Form 17) the names of all holders of ordinary timber licenses who have not made use thereof, during the month for which the report is made. TRANSFER OF LICENSES. Transfers of li- censes. XV. (a) Licenses of all classes may be transferred by authority of the forest officer granting the same, or by that of the Chief of the Bureau, after the person to whom the license is to be transferred has furnished to the officer empowered to make the transfer the information which would be required were he making an original application for a license of the same class. No other mode of transfer will be authorized. (6) After June thirtieth, nineteen hundred and five, every holder of a license will be required to perform, himself, or through his duly authorized agents or employees, all operations in the forest under the license which he holds. Failure to comply with this regulation may subject the offender to forfeiture of his license. FIREWOOD FOR HOUSEHOLD USE. FirewOOd. XVI. Firewood may be taken from public forests and forest reserves without license by residents of the vicinity for their own household use. PRIVATE WOODLANPS. Private wood- lands: XVII. (a) The issuance by the. Bureau of Forestry of a license —license to cut, to cut or utilize timber or other forest products from public *^*^' 38 forests or forest reserves does not authorize the gathering of such products from private lands, or from lands claimed as private lands unless specifically authorized in the license, —registration of (6) Registration of titles in this Bureau as provided in section titles- twenty-four of The Forest Act is not necessary in order to protect private lands from licensees claiming the right to cut on public lands. Any such licensee who cuts timber on private lands belonging to another, even though such lands are not registered in this Bureau, may have his license forfeited, —applications for XVIIl. Applications for registration of titles to private wood- registration, lands must be made on forms which may be had on application at any station of the Bureau of Forestry, and each such applica- tion must be accompanied by a map showing approximately the extent and boundaries of the parcel or parcels of alleged private lands containing forest products which it is desired to remove. Each su*!h application and map will be filed in the Bureau of Forestry and evidence of title Avill be returned to the owner after inspection and report on the lands is made by the local forest officer, —removal of prod- XiX. (a) Before removing forest products from registered ^^^' private woodlands, the owner or administrator of the same must secure a manifest as provided in Regulation XXII, paragraph (/c). He will also present to the proper forest or municipal officer, at the time the statement of forest products is presented for inspection, a receipt or certified copy of a receipt from the Bureau of Forestry showing the proper registration of title to such private Avoodlands. Any person who fails to so present a proper receipt and manifest Avill be proceeded against under the provisions of sections eight and thirty of The Forest Act. —products Jor use ^^j Forest products from private woodlands which are not on premises. ^^ ^^ removed from the premises of the owner but are to be used thereon, may be cut and gathered without charge on such private woodlands without registering title thereto in the Bureau of Forestry. Forest products. the CUTTING, COLLECTING, AND REMOVAL OF FOREST PRODUCTS. —unlawful cut- XX. {a) If a holder of a license cuts or collects forest prod- ti"^^' nets in a forest area other than that specified in his license, the products so cut or collected will be considered as taken with- out license. —removal. (b) All timber select^i for felling under any license should be taken from the forest. When timber has been so selected, no nonselected timber may be cut in the forest area covered by such license. If nonselected timber is taken from an area in which timber has been selected, it will be. considered as taken ; without license and charged for accordingly. —care. (o) Holders of licenses must exercise particular care in cut- ting, working up, collecting, or transporting timber, firewood, or other forest products to avoid killing or injuring young trees less than forty centimeters in diameter or seedlings, especi- ally those of the first and second groups. Such young trees of the first and second groups must not be cut for use in logging. As the future supply of the forest depends upon preserving young trees of valuable species, failure on the part of the holder of a license to exercise reasonable care to avoid the destruction of such young trees or seedlings may be followed by the forfeit- ure of his license. 39 { d ) The holder of a timber license of any class may, when —tops of trees. the permission of the Chief of the Bureau of Forestry is specifi- cally given in his license, work up the tops of any trees cut for timber into firewood and market the same, free of all Govern- ment charges, under such special regulations as the Chief of the Bureau of Foresty in his license may prescribe and the Secretary of the Interior approve. {e) The Chief of the Bureau of Forestry, in granting any —condition, timber license, may require as a condition of granting such license, that the holder shall work up and remove the tops and large branches of trees felled by him. if) The height of the stump of any tree cut for timber or —height of stump, firewood must not exceed the diameter of the tree on the stump. ig) The diameter ■ limit of trees allowed to be cut in any —diameter. given forest area will vary in accordance with the species of the tree, the condition of the forest, and the requirements of each locality. In general, unless there is specific reason for fixing a specific size, no tree less than forty centinieters in diameter on the stump may be cut for timber, and trees cut for firewood should be at least twenty-five centimeters on the stump. {h) Whoever fells- undersized trees, or trees the felling of —u nd e rsized which is prohibited by these regulations or special orders, will *''®®^* be considered as cutting without a license and will be com- pelled to pay the regular charges thereon and the additional charge prescribed in section twenty- five of The Forest Act. [i) The felling in the public forest or forest reserves of trees —prohibited fell- from which valuable gums, resins, or oils are extracted will ^"^* not be allowed. {;■) The gathering of forest products not specially mentioned —special licenses. in these regulations will be authorized by license containing such special conditions as the Chief of the Bureau of Forestry may, after investigation, deem advisable, and the Secretary of the Interior approve. ( Jc ) Round timber forty centimeters or more in diameter at —round timber, the larger end, and squared timber twenty -two centimeters or more in width or twenty-two centimeters or more in thickness at the larger end will be considered of legal size. Timber of the first group of less than legal size must not be felled, unless such timber has been selected for felling by duly authorized forest officers, provided that these regulations shall not apply to ebony and lanete. (1) Timber used for levers, skids, parts of timber slides, or —levers, skids, etc. otherwise employed in logging, must be of the fourth group, unless proper timber of this sort is wholly wanting within a reasonable distance. Timber so used and left on the ground will be charged for, if of the third group, at the regular rate; if of the second or first gi'oups, at twice the regular rate. (m) The holder of a license for cutting timber or firewood —fj^ewood and must advise the local forest officer of the time when and the *^^^^^ ^^"^'^®^' place where cutting under such license will begin, and of the places where the wood cut will be piled. Felled timber must be piled in a clear place, in such a manner that measurement thereof may be readily made. The holder of a license must also --notice to forest notify the local forest officer of the names and residences of his ^ ^^^• representatives, if any. In the event of failure to so notify the proper officer, the products so cut, collected, or removed will be considered as taken without license. 40 —notice to forest (n) When the cutting or gathering of forest products under officer. j^jjy license has been finished, the holder of the license must in writing notify the nearest forest officer of' the place where such products are deposited, the classes and amounts of the same, and their destination. He must also state whether he has left any felled timber or any standing selected timber in the area covered by his license, and if so, he must state the amount and classes of such felled or selected timber left in the forest. Any person who fails or unreasonably delays to give such notice may be punished as provided in section twenty -nine of The Forest Act. —failure to re- (o) Timber cut under a license and not removed from the move. forest within the period covered by such license will be charged for at the regular rate. —firewood, excep- {p) Firewood, except when worked up from tree tops, as ^^^^' provided in section twelve of The Forest Act and in Regulation XX (d) and (e), must be of the third or fourth groups, and if woods of the first or second groups are taken as firewood, the same must be paid for as timber at double the Government rate for timber of these groups, —charcoal wood, {q) Wood cut for burning into charcoal must be of the third groups. Qj. fourth groups, and the unauthorized use of woods of other groups for this purpose will subject the holder of the license to payment for the same as timber at double the Government rate for timber of such groups, —payment for (r) All wood employed in the manufacture of charcoal must charc6al wood; li- ^^ paid for before it is burned. After felling trees and before commencing the process of burning for charcoal', the holder of a license must present to the local forest officer, or, in his absence, to the president of the municipality or settlement within which the wood is being piled, an itemized statement of the timber felled and must state where it is being piled. This statement will be verified and the wood valued by such officer or president; payment will be made and manifest will be issued as prescribed in Regulation XXII, paragraphs (&), (f), {h) , and (s). After making the payment ordered, the holder of a license may proceed with the burning, but he must exercise care to avoid -injury to standing timber, and if any damage results to such timber from liis burning operations, said damage will be estimated by the local forest officer and payment therefor will be enforced in accordance with the provisions of the last paragraph of sec- tion twenty-five of The Forest Act. , tiTGums, resins, GUMS, RESINS, AND WOOD OILS. and oils, p "^ ""vi „^^ — XXI. {a) In extracting gums, resins, wood oils, and similar Cuttings or in- forest products, the holder of a license must make the cuttings cisions: or incisions into the trunks of the trees at least twenty-five centimeters above the ground. These incisions should be made with a very sharp instrument and may penetrate the bark and the first layers of sapwood only; they must not exceed twenty- five centimeters in length and must not penetrate the heart —when flow is Ob- wood. When the flow of juice is obstructed at the outer edges structed. of the incisions, the holder of a license will be permitted to recut these edges and to lengthen the cut by twenty-five centi- meters, prolonging it upward, provided that the width of the —limitation upon, incision shall never exceed eight centimeters. The making of incisions, or the trimming of the edges of incisions already made, or any lengthening of the same Avill not be permitted during 41 the period from the flowering of the tree to the ripening of its seed. A metal or wooden plate may be placed at the lower —plates. part of the incision to facilitate the collection of juice. A vessel may be placed under the incision at the foot of the tree. Any Violations. holder of a license violating these provisions may have his license forfeited and must pay double the regular charge for timber on each tree so incised. (b) Gums, resins, wood oils, and similar forest products Storing. may be stored in municipalities, settlements, or ol^er places, at the convenience of the holder of the license, after previous notification to the local forest officer, or in the absence of such officer, to the nearest local municipal authority of the place or places where such products are to be stored. MANIFESTS. Manifests: XXII. (a) Native forest products of all kinds will be pre- sumed to belong to the Government until the contrary is proved. (&} Before using, transporting, or disposing of any ii^^ive ^?J^^®* ^® ^^' forest product, the owner or his agent must obtain a manifest, authenticated by the local forest officer, provided that where no forest officer can be reached without undue hardship a duly authorized municipal officer may authenticate the manifest. In ^^^^ transporta- such cases if the product is to be transported by sea, the holder of a license will present a statement of the product in dupli- cate to the proper municipal officer, who will verify such state- ment and affix his seal or stamp of office, if any, and his signature thereto, forwarding one copy to the nearest forest station and returning to the holder of the license the other copy, which will be his authority to transport the product. If the product is '^l^^ transporta- to be transported by land or is for local use, the holder of a license in such cases will present a statement of the product in duplicate to the proper municipal officer, who will forward it to the local forest officer, who if it be impracticable for him to inspect the product, will appraise the same at his station and forward an order of payment to the proper municipal officer for delivery to the holder of the license. After payment has —receipts, been made, the receipt will be forwarded to the local forest officer, who will issue a paid manifest to the party at interest, which will be his authority to dispose of the product. No charge will ~^|"6®- be made for making or authenticating a manifest. No manifest —signatures, will be valid on which does not appear the signature of the forest officer or municipal officer duly authorized to sign manifests, and the signature must be accompanied by the stamp or seal of such officer if he has one. (c) The holder of a license must not load, remove, sell, or Loading, remov- use any forest product which has not been paid for, unless he ^ * ^^ ^^ ^* has received express authority to do so from the Chief of the Bureau of Forestry and has given a satisfactory guarantee to that official, except as provided in paragraphs (6), (e), and {h) of this regulation. (d) When the holder of a license agi^eement or of an ordinary Statement, or miners' license has cut and piled his product, he must submit to the nearest forest station a statement of said product on Bureau of Forestry Form Thirteen and one- half, which will be furnished on application to any forest station. Upon receipt of this statement, the local forest officer will verify and appraise the product, taking the signature of the holder of the license 42 Payments, op- tion. Payment enter- ed on manifest, when. Sea transporta- tion, interisland. Reappraisement at destination. Statement b y gratuitous licen- Private wood- lands. on the manifest, which, when affixed, will be understood to indi- cate that the holder of the license approves the appraisement. {e) If the product is to be transported by sea to another point in the Philippines, the holder of a license will have the option of paying the Government charges at the point of origin or at the destination of the product. if) In case the product is to be transported by sea to another point in the Philippines, and the holder of a license wishes to pay the G9vernraent charges at the point of origin, or in case the product is not to be transported by sea, the forest officer will issue an order directing the payment of the Government charges into .the nearest provincial or municipal treasury or internal revenue office authorized to receive such payments. ((/) When the holder of a license presents his receipts of payment, the forest officer will take them up and mark jthe set of manifests paid, delivering to him the originals, which will be his authority to use, transport, or dispose of his product. (h) In case the product is to be transported by sea to another point in the Philippines and the holder of the license wishes to pay the Government charges at the point of destination, the local forest officer will issue to him an unpaid manifest with a notation thereon to the effect that the product will be paid for at the point of destination. This manifest must be presented to the forest officer at the point of destination within five days after the arrival of the product; that officer will take up the manifest and issue an order of payment on which payment must be made by the holder of the license in the manner pre- scribed in paragraph {f) of this regulation, and the receipt of payment will be delivered to the forest officer, who will issue to the holder of the license or his agent an order allowing him to discharge the product. The product will be reappraised at the time of discharge, and the party at interest will be required to pay any excess which may be found upon reappraisement. In case the party at interest is satisfied with the reappraisement, he will sign the reappraisement sheets, the originals of which Avill be delivered to him. (t) If, upon reappraisement at destination of the forest prod- ucts manifested by a municipal officer, an excess of fifteen per centum or more shall be found over the amount manifested, the owner of the license or his agents will be proceeded against as provided in section twenty-nine of The Forest Act. (;) When the holder of a gratuitous license has cut or gathered forest products, he will, before removing the same, submit a statement of the products to the nearest forest station on a form which will be furnished on application to such station. The local forest officer will take up this statement, verify it, and issue a manifest which will be the authority of the holder of the license to dispose of the products for the purpose specified in the license, provided that in case a forest officer can not be reached without undue hardship, the holder of a license may submit, in duplicate, a statement to the president of the municipality or settlement within which the products have been cut or gathered, which the president will verify, sign, and seal in duplicate, returning one copy to the party at interest and forwarding the other to the nearest forest station. [k) All owners of private woodlands registered in the Bureau of Forestry in accordance with the provisions of section twenty- 43 four of The Forest Act will, before removing forest products from such lands, proceed as prescribed in the previous paragraph for holders of gratuitous licenses. ' (l) Forest products for export will be paid for before ship- Export, ment, and the manifest must be presented to the collector of customs at the port of shipment. Any person violating this regulation will be proceeded against under the provisions of section thirty of The Forest Act. (m) If at any time the party at interest should desire to Detention of detain a portion of a cargo or load of forest products which has ^^^so. been manifested, or divert a portion , to some point other than that of original destination, the local forest oflficer will, upon application, make an entry of the facts at the foot of the original manifest, returning same to the party at interest, and issuing him in addition a new manifest to accompany the product detained or diverted. In the case of timber a line will be drawn ' through the entries on the original manifest of the pieces so detained or diverted. {n) For identification of pieces belonging to different mani- Identification, fests, to aid in the recovery of lost timber, and to aToid fraud, the holder of a license will immediately after felling mark every piece of timber with his special mark which must be previously registered at the forest station. This mark will be indicated in the proper column of the manifest. The pieces of timber embraced in a manifest must also be numbered consecutively, beginning with one, and the corresponding numbers must be entered in the manifest under the proper heading. Where two different lots of timber for the same licensee are shipped on the same vessel, the pieces of the second lot must be marked '' lA," " 2A," and so forth. (o) In all manifests of undersized timber, classified in the Undersized tim- official tariff as belonging to the first group, except ebony and ^^^' statements, lanete (and camagon when stripped of its bark and sapwood), there should appear a statement by a ranger or president of a municipality or settlement as to whether such undersized pieces have been cut from trees of a diameter of forty or more centi- meters as provided in Regulation XX, paragraph [k] . (p) Forest officers will, whenever practicable, mark with the Log marking, official marking hatchet both ends of every log of timber manifested. iq) Failure to present to the nearest forest officer manifests Failure to pre- of forest products within five days of arrival at destination will, sent manifests. for the purpose of these regulations, be considered unreasonable delay in the making of a report; and failure to deliver or mail receipts of payment to a forest station or to a forest officer within seven days from date of payment will be considered an unreasonable delay in the making of a report. (r) Any person found utilizing forest products in violation Violation of sec. of section twenty-five or of section thirty of The Forest Act will 25 or 30. be directed by the local forest officer to deposit the .same with —deposit of prod- the nearest president of a municipality or settlement and an ^^^" order of payment for the same, including the charges and ad- ditional charges provided in section twenty-five of The Forest Act, will be issued to him. Upon presentation of a receipt of payment —release of prod- to the local forest officer, the latter will issue a manifest to the ^^^• party at interest, which will serve as an order on the municipal president for the release of the products and as an authorization for the party at interest to dispose of them. 44 Orders of pay- {$) When a forest officer delivers an order of payment to a ^^^^' holder of a license or his agent, the latter will receipt therefor on the lower part of the original and duplicate. When imprac- ticable to deliver an order of payment to the holder of a license or his agent, the same will be delivered to the proper municipal officer, taking his receipt in the manner above prescribed. The municipal officer will deliver the original to the holder of the license or his agent, causing him tb receipt therefor with date of delivery, and advising the local forest officer of the date of delivery to the holder of the license or his agent, or when an Qrder of payment is sent to a municipal officer for delivery to payor he will cause the order to be receipted for, by the licensee or his agent, with date of delivery, and advise the forest station as above. , Manifests of se- {t) Each manifest of timber selected for felling by a forester lected timber. ^m contain a certification to that effect at the foot of the original, duplicate, and triplicate manifests. Certification will also be made by foresters on manifests of firewood exempted from payment of Government charges under the provisions of paragraph eleven of section twelve of The Forest Act. Discharge or {u) Whoever, in violation of the provisions of The Forest ' tion^f^the Act*^^^* ^^^ ^^ ^* these Regulations, discharges from any ship, boat, raft, car, cart, or any other means of transportation, forest products, or stone, or earth, or fails to pay the amounts due the Govern- ment on forest products, or stone, or earth, for a period of more than thirty days from the date of the receipt by him or his agent of the order directing the payment of the same, or transports or removes forest products, or stone, or earth without a manifest, unless he has received express authority to do so from the Chief of the Bureau of Forestry, will, in addition to the regular Government charges thereon, be subject to the pay- ment of the sum of fifty per centum thereof, to be collected on an order of payment, in accordance with section thirty of The Forest Act. Auction sales: AUCTION SALES. —duty of forest XXIII. {a) When ' forest products, stone, or earth are sold officers. r^^ public auction under the provisions of section thirty- two of The Forest Act, within two days after such sale the local forest officer shall forward the duplicate manifest therefor to the Bureau of Forestry at Manila. He will file the triplicate at the forest station and deliver the original to the purchaser. On the original, duplicate, and triplicate manifests the proceed- ings of the sale will be noted and signed by the local forest officer and attested by the secretary of the . municipality or settlement. The local forest officer will make out an order of payment equal to the amount of the bid, and upon presentation of the receipt of paj^ment the manifest of the products sold will be marked paid and turned over to the purchaser, who may then take charge of and remove the products sold. The cost of seizure will include the cost of transporting the products to a secure place, —balance to de- (5) if after sale there is a balance due the delinquent, the linquent. j^^^l forest officer will forward a certified copy of the manifest on Bureau of Forestry Form Thirteen and one-half to the collect- ing officer. Notation of said balance Avill also be made on the order of payment. If there is nothing due the delinquent, no manifest will be furnished the collecting officer. 45 {c) Before incurring any expense in transporting to a secure Conferences, place forest products, stone, or earth, to be sold at public auction, the forest officer making the seizure will, if practicable, confer with the provincial supervisor or other public officer charged with similar duties and learn if he considers the products of sufficient value to warrant incurring the cost of transportation. When such unsold products are turned over to the supervisor or other public officer charged with similar duties, he will sign a receipt therefor on the bottom of the original, duplicate, and triplicate manifests. ABANDONED FOREST PRODUCTS. Abandoned products. XXIV. {a) All abandoned drift or stranded timber, firewood, bamboo, or other forest products will be considered the property of the Government unless the owner, if there be one, establishes his right and title thereto. Such products will be disposed of by the local forest officer as provided in Regulation XXIII for the public sale of forest products' on which the Government charges have not been paid. {h) If such products are claimed by more than one person the local forest officer may deliver the same to the person whom he deems entitled thereto, or may refer the claimants to the civil courts and deposit the product for safe keeping with the nearest president of a municipality or settlement pending the decision of such courts as to its disposal. Copies of all notices published and of all evidence of title to abandoned forest products will be kept on file at the local forest station. One copy of each such notice must be forwarded to the Chief of the Bureau of Forestry by the local forest officer, together with a memo- randum of the action taken in the case by him. CAINGINS. Caiiigins: XXV. (a) The clearing by fire -of grass and brush land and of land in the public forest containing but little timber of -^^ hen permit- inferior species, for the purpose of making *'caiugins" will be permitted in the following manner only: 'Application will be made in Avriting to the local forest officer, or in his absence to the nearest president of a municipality or settlement, for permission to make a "caingin." The local forest officer, or if there is no local forest officer, a municipal officer designated by the president, will inspect the site of the proposed "caiSgin," and if satisfied that it can be cleared with fire without injury to adjoining public forests, will give written permission to make the clearing, stating the allowed limits thereof. He will instruct the person desiring to make such *'caiilgin" relative to the proper measures to be taken to prevent fire from damaging "adjoining property. If a "caingin" is authorized by a muni- cipal officer, he must file with the local forest officer a report in duplicate of his proceedings, giving location and extent of the "caiiigin." The local forest officer must forward a copy of this report to the Chief of the Bureau of Forestry. (6) In every .case of violation of the provisions of section 7-^i<^^^ti<>^s of twenty-five of The Forest Act, the local forest officer will, if practicable, furnish the prosecuting officer with a detailed state- ment of the facts relative to such violation. 46 —private wood- lands. Fires: —permitted. —prohibited. Violations. Collections o f money; —prohibition. (c) Owners of private woodlands adjoining public forests and forest reserves Avill be permitted to make "caingins" thereon in the following manner: Before clearing the land by fire the owner must serve written notice of his intention upon the president of the municipality or settlement in which the land is situated, and upon the local forest officer, if any. Such notice must state the location and extent of the proposed clearing and the place of residence of the owner, and must be accompanied by some evidence of title to the land which it is proposed to clear. Copies of receipt for taxes upon such land for the preceding year will be accepted as evidence of title. Upon receipt of such notice, the local forest officer, or a municipal officer designated by the municipal president for this purpose, will visit the site of the proposed clearing and inspect the land. If satisfied with the evidence of title submitted and that the making of the "caiugin'* will not ^danger adjoining public property, the forest officer or municipal officer will give written permission to make the proposed clearing. lie will fully insti'uct the owner as to the proper measures to prevent the fire from damaging adjoining property. Copies of reports of proceedings relative to the making of ^'caiiagins" on private woodlands will be made and filed as prescribed relative to reports concerning ''caiiagins" on public lands in paragraph {a) of this regulation. {d) All fires employed in making "cairigins" will, when prac- ticable, be lit in the presence of the local forest officer or duly authorized municipal officer. {e) The use of fire in felling timber or opening roads in public foi'ests or forest reserves will not be allowed. (f) Any person violating this regulation will be proceeded against under the provisions of section twenty-seven of The Forest Act. OFFICERS AND EMPLOYEES OF THE BUREAU OF FORESTRY NOT AUTHORIZED TO COLLECT MONEY. XXVI. No money will be collected by any agent or employee of the Bureau of Forestry under any pretext whatsoever, nor will any charge, other than Government charges prescribed by law, be made for licenses, permits, papers, or services of any kind. NOTKS. 47 NOTES. Section 11 of The Forest Act prescribes the division of the native trees into four groups, the various provinces in the Philippine Islands into two classes, and the Government charges, as follows: Native trees. First group. Second group. T^ird group. Fourth group. Acle. Alupag. Agoho. Anahao. Baticulin. Aranga. Amuguis. A nam. Betis. Banaba. Anubing. Apuit. Camagoii. Bansalaguin. Apitong. Bacao. Ebony. Banuyo. Batino. Balrtcat. Ipil. Batitinan. Bitanhol. Balinhasay. Lanete. Bolongeta. Catmon. Batete. Mancono. Calamansanay. Calumpit. Bayoc. Molave. Calantas. Cupan^. Bonga. Narra. Dungon. Bulao. Tindalo. Guijo. Dita. Lauan. Yaca]. Macaasin. Dungon-late. Malaanonang. Malacadios. Malacmalac. Malabalac. Mangachapuy. Malapapaya. Malabonga. Palo Maria. Malasantol. Man^asinoro. Supa. Mavapis. Manicnic. Teak. Nato. Pagatpat. Tucan-calao. Palosapis. Panao. Sacat. Pagsamguin. Santol. Tamayuan. Tanguile. All nonenumerated timber will be subject to the charges on fourth-group trees. Provinces. Class A. Class B. Abra. La Laguna. Albay. Moro. Bataan. Nueva Ecija. Ambos Camarines. Negros Occidental. Batangas. Pampanga. Antique. Bohol. Negros Oriental. Beiiguet. Pangasinan. Nueva Vizcaya. Bulacan. Romblon. Cagayan. Paragua. Capiz. Rizal. Isabela. Samar. Cavite. Sorsogon. Lepanto-Bontoc. Surigao. Cebu. Tarlac. Leyte. Tayabas. Ilocos Norte. Union. Masbate. Ilocos Sur. Zambales. Mindoro. Iloilo. Misamis. Charges per cubic meter of timber in in Class A: provinces Charges per cubic meter of timber in provinces in Class B: First-group trees _ P5. 00 First-group trees __ P2.50 Second-group trees _ 3.00 Second-group trees Third -group trees 1.50 Third-group trees 1.50 1.00 Fourth-group trees _ __ 1 on Fourth-group trees .50 19454- 49 50 Sections 3569 and 3570 of the Revised Statutes of the United States read as follows: "Sec. 3569. It shall be lawful throughout the United States of America to employ the weights and measures of the metric system; and no contract, or deal- ing, or pleading in any court, shall be deemed invalid or liable to objection because the weights or measures expressed or referred to therein are weights or measures of the metric system. "Sec. 3570. The tables in the schedule hereto annexed shall be recognized in the construction of contracts, and in all legal proceedings, as establishing in terms of the weights and measures now in use in the United States, the equiva- lents of the weights and measures expressed therein in terms of the metric system; and the tables may lawfully be used for computing, determining, and expressing in customary weights and measures the weights and measures of the metric system." -;t -^ -x- # -x- * -x- A meter is equal to 39.37 English inches, A cubic meter is. equal to 1.308 cubic English yards, or 35.316 cubic English feet. A liter is equal to 1.0567 liquid quarts. A kilogram is equal to 2.20402 pounds, avoirdupois. A quintal is equal to 220.46212 pounds, avoirdupois. The volume of all timber in accordance with the provisions of section twelve of The Forest Act will be determined as follows: Round timber. — ^IVIultiply the area of the smaller end by the length of the log. Jilt, jneier^ Example: Length, 10 meters: circumference of smaller end, 90 centimeters or .90 meters. .90 X .90 X .08 X 10 = .648 cubic meters. Square timber. — Multiply the average cross section by the length, to which twenty-five per centum shall be added for loss in squaring. / 2 tn^ttrJ Example: Width of average cross section, 50 centimeters; thickness of average cross section, 45 centimeters: length, 12 meters. .50 X .45 X 12= 2.7 cubic meters. 25 per cent of 2.7 = .675. 2.7 + .675=3.375 cubic meters. The volume of approximately octagonal logs (four sides being hewn and the other four imhewn) will be ascertained by multiplying eight- tenths of the square of the average diameter connecting the two pairs of opposite unhewn sides of the small end by the length. ..Example: Average diameter between opposite unhewn sides of smaller end, 51 centimeters; length, 14 meters. .51 X .51 X .8 X 14 = 2.913 cubic meters. 51 Logs having one hewn side, multiply eight-tenths of the square of the diameter by the length. Example: Diameter, 42 centimeters; length, 11.4 meters. 1.608 cubic meters. .42 X .42 X .8 X 11.4 = The volume of all sawn timber will be determined, as provided in paragraph eight of section twelve of The Forest Act, by multiplying the average cross section by the length, to which fifteen per centum shall be added for loss in sawing. In the measurement of a log having an eyehole or a ropehole in one end, the length shall be the distance from such hole to the more distant end of the log; provided, that if such hole be more than thirty centimeters from the nearer end of the log thirty centimeters only shall be deducted from the full length of the log in estimating the length for the purpose of determining its cubic contents. No charge will be imposed for making out applications for licenses, nor for the certification or signature of the president of a town or settlement, or other person who forwards applications for licenses. Native tree species. Scientific name. Common name. Group. Afzelia bijuga Afzelia rhomboidea Alstonia macrophylla Alstonia scholaris Anisoptera thurifera Anisoptera vidaliana Artocarpus cumingiana Bauhima sp Biichanania florida Calophyllum inophyllum Canarium sp Canarium sp Casuarina equisetifolia Cedrela toona Cynometra sp Dillenia philippinensis Diospyros discolor Diospyros pilosanthera Dipterocarpns grandiflorus Dipterocarpus polyspermus __. Dipterocarpus vernicifluus Dipterocarpus sp Euphoria cinerea Gymnosporia ambigua Heriti era littoral is Homalium luzoniense Hopea plagata Illipe betis Iteadaphne sp Jambosa sp Koordersiodendron pinnatum Lagerstroeraia batitinan Lagerstroemia speciosa Litsea perrottetii Livistonia merrillii Maba buxifolia Mimusops elengi Ipil Tindalo Batino Dita Lauan May apis Anubing Bonga A nam or Balinhasay Palo Maria Bulao Pagsainguin Agoho Calantas Batete Catmon Camagon Bolongeta Apitong Tanguile Panao Banuyo Alupag Tamayuau Dungon-late Aranga Yacal Betis Malabonga Macaasin Amuguis Batitinan Banaba Baticulin Anahao Ebony Bansalaguin First. First. Third. Third. Fourth. Third. Third. Fourth. Fourth. Second. Fourth. Fourth. Third. Second. Fourth. Third. First. Second. Third. Third. Third. Second. Second. Third. Third. Second. First. First. Fourth. Second. Third. Second. Second. First. Fourth. First. Second. 52 Native tree spedes — Continued. Scientific name. Common name. Group. Myristica sp. ? Palaquium tenuipetiolatum___ Palatjuium sp Parkia roxburghii Pithecolobium acle Polysciassp _ Pterocarpus indicus Pterosperranm diversi folium __ Rhizophora mucronata Sandoricum indicum Sandoricum vidalii Scolopia ? Shoreaguiso. Shorea malaanonan _ Shorea sp Shorea sp__-^ Sindora wallichiana Sonneratia pagatpat Sterculia sp Sterculia sp Tarrietia sylvatica Tectona grandis Terminalia calamansanai Tenninalia catappa Terminalia edulia Terminalia nitens Vatica mangachapoi Vitex littoralis Wrightia ovata Xanthostemon verdugonianus Zizyphus zonulatus ill::::::::::::::::::::::::::::: Malacadios Manicnic Malacmalac—. Cupang Acle Malapapaya __. Narra Bayoc Bacao Santol Malasantol Bitanhol Guijo Malaanonang . Mangasinoro _. Palosapis Supa Pagatpat Nato Tucan-calao—. Dungon Teak Calamansanay Dalinsi Calumpit Sacat Mangachapuy. Molave Lanete Mancono Balacat Apuit Malabalac Second. Fourth. Third. Third. I'^irst. Third. First. Fourth. Fourth. Third. Third. Third. Second. Fourth. Fourth. Third. Second. Fourth. Third. Second. Second. Second. Second. Third. Third. Third. Second. First. First. First. Fourth. Fourth. Fourth. List of important Philippine woods arranged in the order of quantity received in the market for the fiscal years 1900-1901, 1901-^, 190^-3. Tree species. Relative order, fiscal year— Total amount cut, three years. No. 1900-01. 1901-02. 1902-03. 1 Lauan 1 4 2 10 15 13 20 12 2G 5 3 7 8 6 11 22 21 35 17 1 2 4 3 7 5 6 11 12 9 14 8 13 25 15 19 23 16 32 1 2 3 4 5 6 7 9 8 11 12 15 14 10 16 13 21 18 17 Cubic feet. 1, 4G1, 788 7. Apitong _ ___ 9G3, 4G9 3 Guijo 609, 715 4 'Molave 555, 276 5 Yacal 307, 793 fi Narra 280, 773 7 8 Tanguile ___ _ Sacat _ __ 256,156 177, 837 9 Ipil _ _ 176, 530 10 Dungon • 175.223 11 Malasantol 168, 436 ^7. Supa 167, 736 IR Balacat 133, 597 14 Macaasin 133, 521 15 Calantas 117, 721 Ifi Tindalo _ lOG, 763 17 Balinhasay - 92, 861 18 Malaanonang 91, 632 19 Amuguis 88, 981 53 List of important Philippine woods, etc, — Continued. No. Tree species. Relative order, fiscal year— 1900-01. 1901-02. 1902-03. 19 18 26 24 20 24 34 24 20 30 10 37 23 34 19 33 21 22 25 17 28 14 35 25 ]8 27 29 27 22 31 16 26 35 9 36 32 36 29 23 28 30 30 37 33 27 32 28 34 31 31 36 29 37 33 Total. amount cut, three years. Malabonga Mangachapuy Acle Bacao Calumpit Betis Palosapis Bansalaguin _. Dalinsi Nato Malabulac Panao Palo Maria Cupang Banaba Batitinan Aranga Bannyo Cubic feet, 85, 635 84, 929 82, 082 80, 903 78, 821 76, 765 75, 169 74, 342 70, 478 67, 459 66, 307 64, 726 62, 862 56, 557 50,425 47,804 43, 193 39, 413 INDEX. 55 INI3KX, Page. Acts, extracts from other Acts of the Commission. {See Extracts.) Agricultural lands, declaration of 10 {See also Regulations.) Agriculture, Bureau of, agricultural lands, detail of official to assist in making certification of 10 Appeals by Forestry Bureau, notice to Auditor 18 Appeals from additional charges 1-8 Arrests without process 14 Auditor, Insular, judgments of court certified to 18 Caingins, restrictions 15 {See also Regulations.) Camagon, cutting of, charges 12 Charges : Additional, imposition of, appeals to Court of First Instance 18 Imposition of 11, 12 Paid, when 18 Prescribed by General Orders, No. 92, collection of 18 Collection and disposition of taxes. {See Extracts.) Collector of Internal Revenue, forest products, assessment of market value by 12 Constabulary, Philippines, arrests made by 14 Corporations, licenses, applications 36 Costs paid, when 18 Currency, Mexican, public dues, salaries, etc., made payable in Philippine currency. {See Extracts.) Currency, Philippine: Salaries, public dues, etc. {See Extracts.) Sums mentioned in 18 {See also Extracts.) Date Act takes effect 19 Dues, public, currency payable in. {See Extracts.) Earth: Removal of, license 10 Removal or sale of, license 13 {See also Forest products.) Ebony, cutting of, charges ' 12 Examination of titles. {See Titles.) Exports. {See Extracts.) Extracts from other Acts: Collection and disposition of taxes 24 Dues, taxes, etc., in Philippine currency 28 Homesteads 26 Internal Revenue law 29 Leases of public lands 27 Mexican currency changed to Philippine currency 28 Military reservations 25 . 57 58 Extracts from other Acta — Continued. Page. Proportionnient of money collected from taxation 29 Public Land Act 26 Public Lands, Bureau of, creation 24 Return of collections to provinces 23 Salaries, dues, etc., fixed in Philippine currency 28 Shipments to foreign ports 23 Fires for clearing private forests, permission 16 {See also Regulations.) Firewood : Cutting of, charges 12 Fallen tops exempted from tax, when 12 Sale or disposal of 10, 11 {See also Forest products; Regulations.) First Instance, Courts of, appeals to, from additional charges 18 Fiscals assist in examination of titles 15 Foreign ports, shipments to. {See Extracts; Regulations.) Forest officer, local, absence of, president to act 17 Forest products: Assessment of market value — How made 12 Publication of 12 Certain, for domestic purposes, licenses gratuitous 14 Charges — Failure to pay, penalty 16 Paid, when 18 Prescribed by General Orders, No. 92, collection of 18 Costs, etc., paid, when 18 Delinquent taxes, sale at public auction, procedure 17 Destruction of, without permit, penalty 15 Free use of, for public works 14 Gathered or removed, charges 12 Licenses for cutting, etc. — Gratuitous, when 14 Issuing of „.;. , 12 Specific and exclusive, exception 12, 13 Sale of, for taxes — Proceeds of sale 17 Public auction 17 Reversion to Government 17 ( See also Regulations ; Auction sales. ) Sale or disposal of..... 10, 11 Seized for taxes — Redemption, procedure 17 Sale of 16, 17 Taxes, etc., paid when 18 Tree tops, fallen, exempt from tax, when 12 Trees, by groups 11 Unlawful transportation, discharge of cargo, etc 16 Forest regulations. {See Regulations.) Forest reserves, set apart how 9 {See also Forests, public, and forest reserves; Regulations.) Forest, private: Fires for clearing, permission 16 Registration of title 15 Forests, public, defined 9 59 Forests, public, and forest reserves: ' Page. Access to, for all lawful purposes 10 Arrests without process 14 Caingins restrictions 15 Destruction of, without permit, penalty 15 Firing of, willfully or negligently, penalty..: 15 Licenses, exclusive, wrongful entry upon territory covered by 15 Monuments, erection of 14 Regulations prescribed by whom 10 Sawmill sites, etc. — Leases of 10 Rights of way, granting of 10 Surveys, cost borne how 14 {See also Regulations.) Forestry, Bureau of: Appeals by, notice to Auditor 18 Chief of— Agricultural lands — Committee to assist in making certification of .....". 10 Declaration of, upon certification of 10 {See also Regulations.) Forest products — Assessment of market value by 12 Certain, for domestic purposes, gratuitous licenses issued by.. 14 Certain, free use of, for public works 14 Cutting, collection, and removal of, license issued by 12 Sale or disposal of, by 10, 11 {See also Regulations.) Forest reserves set apart upon recommendation of 9 Forests, public, and forest reserves — Monuments, erection of 14 Surveys 14 Licenses — Public announcement of classes 13 Revocation of, by ' , 13 Suspension of, temporarily, by 13 Terms of, prescribed by 13 Presidents, local, instructions issued to, by 17 Regulations prescribed by 10 {See Regulations.) Sawmill sites, leases 10 Stone or earth, removal or sale of, licenses issued by 13 Titles, examination of, assistance secured how 15 Judgments of court certified to 18 Officers and employees — Arrests without process made by 14 Pecuniary interests prohibited, exception 14 Government tools and other property: Use of, fraudulently, penalty. 16 Wrongful possession, penalty 16 Governor, Civil, forest reserves, establishment by proclamation of 9 Governors, provincial, arrests made by 14 Gratuitous licenses. {See Licenses; Regulations.) Gums: Gathered or removed, charges 12 Sale or disposal of 10, 11 {See also Forest products; Regulations.) 60 Homesteads. {See Public Land Act; Extracts.) Page. Interior, Secretary of: Agricultural lands declared by 10 Approvals by '9, 10^ 12^ 13^ 14^ I7 Sawmill sites, etc., rights of way granted by 10 {See also Kegulations. ) Judgments, certified to Auditor and Bureau 18 Land Registration Court, examiner of, to assist in examination of titles.... 15 Lands, Public, Bureau of. {See Public Lands; Extracts.) Laws, extracts from.' {See Extracts.) Leases, sawmill sites, etc 10 {See also Regulations.) ' Licenses : Classes of, announcement of 13 Duration of 13 Earth, removal or sale of 13 Exclusive, wrongful entry upon territory covered by 15 Eorest products — Cutting, collection, and removal of 12, la Gratuitous, when for domestic purposes 14 Sale or disposal of, by 10, 11 Specific and exclusive, exception 12, 13 Forfeiture 13 Gratuitous 14 Manila, applications 36 Revocation of 13 Stone, earth, etc., removal of 10 Stone, removal or sale of 13 Suspension of, temporarily 13 Terms, etc 13 Timber for mining purposes — Charges 13 Contents 13 Gratuitous, when 13 {See also Regulations.) Local forest officer. (/S^e.''^/V ;t;t;V^'j,^._ ^.^. ,tV,'-' f •■>' ■ :'!^ %' ''^ ';■■'. ■S' ■fiy. '^^■^ s^' ?-.'^^5:t^:>rI'--' ■'^- ■„ '■ :. V "■' . ; ; / ^. ^•^■'5^cVi ,p:^^'•?:.^• t'ii'^ ::vi.,-^-t^>f..: ■ ;■'■ ■ ,^ ■■'■ ■■ V}^X .-^ ^"'^-' -: , • '' ./ ■' ^^^'^. ■■■• - ■^■•^■■^■- -•vVr^^''^V^/m& , ^:'.. ■■■■ '^:--::^^;v^^^:^>?M^^ -. iJ I ^■v- ■ ■■■' '/--"^fe^^ /•I : '■■ r,?^•';'.■^• ii'ViU \ A