LAWS OF FRANCE 
 
 1919 
 
 TOWN PLANNING 
 
 AND 
 
 REPARATION OF DAMAGES 
 CAUSED BY THE EVENTS OF THE WAR 
 
 TRANSLATION BY 
 
 ROSCOE POUND, Ph. D., LL.D. 
 
 DEAN, HARVARD LAW SCHOOL 
 
 October, 1919 
 
 
 • • 'i.? 
 
 Copyright, 1919 
 
 THE NATIONAL CIVIC FEDERATION 
 
 METROPOLITAN TOWER 
 
 NEW YORK CITY 
 

 B. H. TYRREL 
 
 206-8 FULTON STREET 
 
 NEW YORK CITY 
 
FOREWORD 
 
 In the belief that the French laws on town planning and 
 the reparation of recent war damage, both of which became 
 effective last spring, would be of direct interest and value to 
 considerable numbers of American citizens, we have concluded 
 to publish separately as addenda to the Report of our Foreign 
 Commission on Industrial Inquiry* translations of these two 
 laws by Dr. Roscoe Pound, Dean of the Harvard Law School. 
 These translations, expressed as far as possible in American 
 legal phraseology, should prove of direct value to any Americans 
 who are interested in the general subject of town planning or 
 who have a desire or intention to participate in any way in the 
 rehabilitation of French industries and homes. We take this 
 opportunity to extend our sincere thanks to Dean Pound for 
 his generous and expert assistance. 
 
 Charles Mayer, Chcdrman. 
 Andrew Parker Nevin. 
 James W. Sullivan. 
 Albert Farwell Bemis. 
 E.A. QuARLES, Secretary. 
 
 * This publication, in book form and consisting of approximately 
 400 pages, will be off the press of Messrs. E. P. Button & Company 
 about October 15. Orders should be addressed to The National Civic 
 Federation, 1 Madison Avenue, New York City. 
 
 437ii'7 
 
 8 
 
I. 
 
 TOWN PLANNING LAW 
 
 Enacted March 14, 1919. 
 
 Article 1. Without prejudice to the general plan of street 
 and building lines and levels imposed upon all communes by 
 Article 136, Par. 13 of the Statute of April 5, 1884, every city 
 of 10,000 inhabitants and upwards is required to have a projet 
 for relaying, improvement and extension [that is, of streets, 
 ways, squares, etc.] 
 
 This projet, which must be drawn up within not less than 
 three years from the promulgation of the present statute, is to 
 include : 
 
 1. A plan fixing the direction, the size and the character of 
 the ways to be laid out or modified, determining the site, the 
 extent and the arrangement of squares, public gardens, play- 
 grounds, parks and different open spaces, and indicating the 
 reserved woodlands to be left in their natural condition as well 
 as the sites intended for monuments and public buildings; 
 
 2. A programme fixing the restrictions hygienic, archaeologi- 
 cal and aesthetic, as well as the other conditions relating thereto, 
 and particularly the open spaces to be reserved, the height of 
 buildings, as well as the provisions with respect to distribution 
 of drinking water, the system of drains, the disposition of gar- 
 bage, and if required the drainage of the soil ; 
 
 3. An order of confirmation by the Mayor with the advice 
 of the Municipal Council governing the conditions of applica- 
 tion of the measures prescribed in the plan and the programme. 
 
 The same duties are imposed: 
 
 1. On all the communes of the Department of the Seine ; 
 
 2. On towns of less than 10,000 inhabitants and more than 
 5,000 inhabitants, the population of which has increased more 
 
than 10 per cent, in the interval between two consecutive quin- 
 quennial censuses; 
 
 3. Upon bathing resorts, seaside resorts, watering places, 
 health resorts and other pleasure resorts, the population of 
 which, which gives them their importance, increases 50 per cent, 
 or more at certain periods of the year ; 
 
 4. Upon settlements [literally groups of houses — that is, 
 small neighborhood places] the importance of which is in their 
 picturesque or artistic or historic character, which are oflBcially 
 entered on a list required to be drawn up by the departmental 
 commissions of natural sites and monuments provided for by 
 the statute of April 21, 1906 [this law provides for a commission 
 on historic, picturesque and artistic sites in each department of 
 France] ; 
 
 5. Upon groups of houses or lodging places built up or 
 developed by associations, companies or individuals [that is, 
 where any company or association or individual erects a group 
 of houses or lodgings for the workmen in some enterprise which 
 it or he is conducting]. 
 
 Article 2. When a settlement whatever the number of its 
 population has been wholly or partially destroyed by the events 
 of war, by fire, by earthquake or by any other catastrophe, the 
 municipality is bound to cause to be drawn up within three 
 months a general plan of street and building lines and levels 
 for the parts which are to be rebuilt as provided for by the 
 statute of April 5, 1884, together with a summary sketch of the 
 projet of relaying, improvement and extension provided for in 
 the first article of the present statute. 
 
 An order of the prefect made with the advice of the com- 
 mission constituted by article 4 of the present statute shall de- 
 cide whether the settlement shall be restored according to the 
 lines on which it was formerly laid out, and shall fix the period 
 of grade [that is before the new lines are to be adhered to]. 
 
 Until the plan of street and building lines and levels has 
 been approved no building except provisional shelters shall be 
 effectual to give the builder legal rights without the authority 
 of the prefect given upon the advice of the commission consti- 
 tuted under article 4 of this statute. 
 
 Article 3. The cost of the plans and projets provided for 
 by the preceding articles are to be a state charge with respect 
 
 6 
 
to the communes referred to within the purview of article 2 
 above, notwithstanding the principle laid down by article 136, 
 par. 13, of the statute with respect to municipalities of April 
 5, 1884. 
 
 The same rule shall apply to settlements within the purview 
 of paragraph numbered 4 of the enumeration contained in article 
 1 of the present statute. 
 
 In the case of other communes subventions may be granted 
 by the decision of the Minister of the Interior rendered upon 
 application of the prefect of the department and charged upon 
 the credits entered under this item in the budget of the Minister 
 of the Interior. They are to be made in a proportion to be 
 fixed by a decree made in the form prescribed for regulations 
 of public administration. [This refers to administrative decrees 
 prescribing rules and regulations such as we are becoming fa- 
 miliar with in this country and which have long been known in 
 France.] 
 
 Abticle 4. In the prefecture of each department a commis- 
 sion to be presided over by the prefect or his representative is 
 hereby constituted which shall be styled "The departmental 
 commission for relaying and extension of cities and villages." 
 The commission shall be composed of the departmental council 
 of hygiene, of the departmental commission of natural sites and 
 monuments, of the departmental commission of civil buildings 
 and of four mayors appointed by the general council. 
 
 This commission shall give hearings to the delegates of so- 
 cieties of architecture, of art, of archaeology, of history, of agri- 
 culture, of commerce, of industry and of sport, and to repre- 
 sentatives of transportation companies in the department as well 
 as the mayors of cities or communes interested and the repre- 
 sentatives of different public services of the state which it thinks 
 ought to be brought together for the purpose or who request 
 an opportunity to present their views. It may add to its num- 
 ber secretaries who shall have a deliberative voice in the affairs 
 which they report. [I have used the word "secretary" here for 
 '^rapporteurs" because of the analogy of the secretary of com- 
 missions and boards in this country. No English word will give 
 exactly the idea. Persons with special information in particular 
 lines who can make reports to the commission with respect to 
 
those lines are to be added in the discretion of the commission 
 and are to have a voice in the deliberations of the commission 
 when the subjects in question are before it. Perhaps "expert" 
 might be better but there is no requirement that these rappor- 
 teurs be experts. I should suspect that it would be best to use 
 the word ^'rapporteur" and then put in an explanation of what 
 is meant by way of commentary.] 
 
 Each commission shall bring together all the necessary docu- 
 ments required to facilitate the commune in the preparation of 
 their projets and to guide them. 
 
 It shall give its advice : 
 
 1. With respect to the projets drawn up by the munici- 
 palities ; 
 
 2. With respect to the departures from the principles laid 
 down by the superior commission instituted under article 5 of 
 this law which may be required because of special difficulties 
 or local needs. 
 
 3. With respect to the aesthetic or hygienic servitudes re- 
 sulting from the projets which are submitted to it. [That is, 
 as we should say, the easements to which property in the munici- 
 pality ought to be subjected on aesthetic or hygienic grounds 
 in carrying out the projets.] 
 
 4. With respect to all matters which the prefect considers it 
 useful to submit thereto. 
 
 Article 5. A superior commission on relaying, improvement 
 and extension of cities under the presidency of the Minister, or 
 of his delegate, and the vice-presidency of the Minister in charge 
 of liberated regions, or his delegate, is hereby constituted in the 
 Ministry of the Interior and is to be made up as follows : 
 
 Two senators elected by the Senate; 
 
 Four deputies elected by the Chamber of Deputies; 
 
 Two Councillors of State in the ordinary service designated 
 by their colleagues; 
 
 Four Mayors of whom three are to be designated by the Min- 
 ister of the Interior and one by the Minister in charge of liber- 
 ated regions, of whom two shall represent communes of from 
 20,000 to 50,000 inhabitants and two communes of more than 
 50,000 inhabitants; 
 
 8 
 
The director of the departmental and communal adminis- 
 tration in the Ministry of the Interior; 
 
 The director of public aid and hygiene in the Ministry of 
 the Interior; 
 
 Four members of the superior council of public hygiene 
 designated by their colleagues; 
 
 Four members of the superior council of the fine arts desig- 
 nated by their colleagues; 
 
 Four members of the superior council of civil buildings desig- 
 nated by their colleagues; 
 
 Four members chosen from city planners, architects and 
 other persons particularly qualified, to be designated two by 
 the Minister in charge of liberated regions and two by the Min- 
 ister of the Interior. 
 
 The commission may add to its number secretaries who shall 
 have a deliberative voice in the affairs which they report. 
 
 This commission is charged with drawing up general rules 
 to guide municipalities in the application of the present statute, 
 and shall give its advice upon all questions and all projets which 
 are referred to it by the Minister of the Interior or the Minister 
 in charge of liberated regions, either of their own motion or at 
 the request of the commission itself upon a statement setting 
 forth the reasons for the request. 
 
 Article 6, If the pro jet affects only a single commune, and 
 except in the case provided for in the 5th paragraph of the 
 first article (which is governed by article 8 hereinafter with 
 respect to groups of buildings) the municipal council at the 
 instance of the mayor shall designate an artist or a society to 
 which it shall give in charge preparation of the sketch herein- 
 before provided for and the preparation of plans and projets. 
 
 If within two months from the promulgation of the present 
 statute such designation has not been made the prefect shall 
 notify the municipal council to proceed within one month to 
 make the designation, and at the expiration of that period shall 
 make the necessary designation himself on his own motion. 
 
 If the plan has not been drawn up within the time provided 
 for by articles 1 and 2 above the prefect shall proceed of his 
 own motion to carry out this requirement at the expense of the 
 commune, and the commune shall forfeit its right to the sub- 
 vention provided for in article 3, par. 3, of the present law. 
 
 9 
 
Article 7. When the plan, programme and confirmation 
 thereof provided for in Article 1 have been drawn up they shall 
 be submitted, after taking the opinion of the Bureau of Hygiene, 
 and in default thereof, the opinion of the Sanitary Commission 
 of the district: 
 
 1. To examination by the municipal council ; • 
 
 2. To an inquiry under the conditions of the ordinance of 
 August 23, 1835; 
 
 3. To examination by the commission provided for in Arti- 
 cle 4. 
 
 The municipal council is required to give its definite opinion. 
 
 If the municipal council refuses or neglects to examine the 
 plan the prefect shall notify it that it is in default and prescribe 
 a period of not more than one month within which it is to act, at 
 the expiration whereof he shall examine the plan himself. 
 
 The same rule shall apply in case the municipal council re- 
 fuses or neglects to give its definite opinion. 
 
 The prefect shall transmit the documents, together with his 
 opinion stating the grounds thereof, to the Minister of the In- 
 terior who shall consult the superior commission if he thinks it 
 necessary, and the work which is required to be done in the appli- 
 cation of the plan shall be decreed to be of public utility by de- 
 cree of the council of state. In every case of a settlement within 
 the purview of article 2 of this statute the declaration of public 
 utility shall be made by a decision of the prefect upon the advice 
 of the commission constituted by article 4, except so far as con- 
 cerns settlements enumerated in article 1, for which a decree of 
 the council of state shall always be necessary. 
 
 Article 8. Associations, companies and individuals who un- 
 dertake the erection or development of groups of buildings are 
 required to deposit in the office of the Mayor a plan of laying 
 them out which shall include a plan for adjusting them to the 
 public ways and if necessary to the conduits of drinking water 
 and the sewers of the commune. 
 
 Within twenty days after depositing this plan it shall be sub- 
 mitted to examination by the Bureau of Hygiene, or in default 
 thereof, the Sanitary Commission of the district, then to the mu- 
 nicipal council and afterwards to an inquiry in accordance with 
 
 10 
 
the forms prescribed by the circular of the Minister of the In- 
 terior of August 20, 1825. 
 
 If the proprietor has served a duly attested notice upon the 
 Mayor and no action has been taken within one month there- 
 after the prefect may order the inquiry. 
 
 The plan shall then be submitted to the commission provided 
 by Article 4 above and shall be approved if there is occasion by 
 a decision of the prefect. 
 
 The decision of the prefect is to be made within one month 
 after the inquiry. In default of a decision within that time the 
 plan shall be taken to be approved. 
 
 If the plan is approved no building shall be built without a 
 permit from the Mayor according to the conditions provided for 
 by Article 11 of the Statute of February 15, 1902. 
 
 Article 9. In case the projet for reconstruction, laying out, 
 improvement and extension is such as to affect several communes 
 of a department the prefect may require a sketch of the projet 
 as a whole from the municipalities affected and may direct even 
 on his own motion intercommunal conferences according to the 
 organization of the communes and in conformity with the require- 
 ments of Articles 116 and 169 of the Statute of April 5, 1884. 
 
 The projet shall be examined and declared a public utility 
 according to the forms provided by Articles 6 and 7 of this 
 statute. 
 
 Abticle 10. If it is expedient that the plan go beyond the 
 limits of the department it shall be reviewed by the inter-depart- 
 mental conference according to the provisions of Articles 89, 90 
 and 91 of the Statute of August 10, 1871, and thereafter shall be 
 submitted in each commune to the formalities provided for by 
 Articles 6 and 7 of this statute. 
 
 It shall be declared a public utility by a statute which shall 
 determine the measures necessary for its application. 
 
 Article 11. From the publication of the official action de- 
 claring a plan of reconstruction, relaying, improvement and ex- 
 tension to be a public utility, or from the decision of the prefect 
 approving plans with respect to groups of buildings within the 
 purview of Article 8, the proprietor of land adjacent to the ways 
 
 11 
 
and squares projected must conform to the rules prescribed by 
 the law relating to building lines and shall not do any new build- 
 ing without first obtaining a building permit from the Mayor. 
 No new building shall be done adjacent to the ways and squares 
 laid out upon the projet except in conformity to the building 
 lines fixed thereon. 
 
 To insure this no building shall be built without a building 
 permit from the Mayor. 
 
 12 
 
n. 
 
 STATUTE WITH RESPECT TO THE REPARA- 
 TION OF DAMAGES CAUSED BY THE 
 EVENTS OF THE WAR 
 
 Enacted April 18, 1919. 
 TITLE I. General Provisions. 
 
 Article 1. The Republic proclaims as a principle that all 
 Frenchmen are to bear equally the expenses of the war. [The 
 word '^solidarite" used in this connection may be best explained 
 by referring to the contrast between the ohligatio in solidum of 
 the Roman law, and the joint and several obligation in our law. 
 In our law where there is a plurality of creditors they are always 
 joint creditors, whereas a plurality of debtors may be either joint 
 or several. In the civil law the obligation may be solidary both 
 with respect to the creditors and with respect to the debtors — 
 that is, there may be joint and several debtors as well as joint 
 and several creditors. All Frenchmen in their capacity of suf 
 ferers are joint and several creditors, and all Frenchman in theij 
 capacity of taxpayers are joint and several debtors to repair the 
 damage. It is almost impossible to put such a conception into 
 English because we have no occasion for a word to express such 
 an idea.] 
 
 Article 2. Certain, material and direct damage in France 
 or in Algiers to immovable or movable property caused by the 
 events of the war shall give rise to the right for the specific 
 reparation provided by Article 12 of the Statute of December 
 26, 1914, without prejudice to the right of the French govern- 
 ment to make claim for payment therefor from the enemy. 
 
 In particular the following shall be regarded as damages re- 
 sulting from the events of the war : 
 
 13 
 
1. All requisitions levied by enemy authorities or troops, 
 levies in kind in whatever form made, even if under the form of 
 occupation, billeting or cantonment, as well as imposts, contribu- 
 tions of war, and penalties whether exacted from individuals or 
 from collectivities. [French juristic theory thinks of a corpora- 
 tion as a case of collective ownership, that is to say, what we 
 should call the property of the corporation is thought of as prop- 
 erty devoted to collective purposes. So corporations, municipal 
 corporations, associations, and all manner of groups which have 
 property devoted to a common or group purpose would be re- 
 ferred to as a collectivity. We have no such idea and in conse- 
 quence no such word.] 
 
 2. The removal of objects such as crops, animals, trees and 
 wood, raw material, merchandise, furniture, household goods, 
 securities and commercial paper; deterioration or destruction, 
 total or partial, of crops, merchandise, and all manner of mov- 
 ables, no matter who may have caused these removals, deterio- 
 rations or destructions ; the loss of movable property whether in 
 France or abroad in the course of evacuations or repatriations. 
 [Perhaps I need not say that in the civil law property is divided 
 into movable and immovable, a distinction not exactly corre- 
 sponding to our distinction of realty and personalty. Movables 
 could be very nearly translated by chattels, but it seems prefer- 
 able to use a term which will not involve any of the historical 
 anomalies connoted by the word chattel.] 
 
 3. Deteriorations of land, whether built upon or not built 
 upon, including woods and forests; partial or total destruction 
 of buildings ; deterioration or destruction total or partial of im- 
 plements, accessories and animals appurtenant to the commer- 
 cial, industrial, or agricultural use of the land, which for the pur- 
 poses of the present statute shall be considered as immovable by 
 destination, whether they belong to the operator or to the pro- 
 prietor of the land, without inquiry as to who were the authors 
 of the damage referred to in this paragraph. [This paragraph 
 refers to a peculiar French doctrine of what are called "mov- 
 ables immovable by destination. ' ' The Roman law of pertinentia 
 was substantially the same as our law of fixtures. In the French 
 feudal law certain things brought upon large feudal estates for 
 the use of the estate were regarded as becoming appurtenant to 
 
 U 
 
the estate through the purpose of the owner to use them upon 
 the land for the purpose of operating it as an agricultural enter- 
 prise. The French civil code, articles 517, 524 and 525 took over 
 this doctrine and it can also be found in the Louisiana Code, 
 article 468. According to the French code argricultural imple- 
 ments, seed furnished to a tenant by the landlord, pigeons in a 
 pigeon house, rabbits in rabbit warrens, beehives, fish in fish 
 ponds, presses, boilers, stills, vats and barrels, the tools, imple- 
 ments and machines necessary for iron works, paper works and 
 other like industrial enterprises, straw and manure, and all mov- 
 able property which the owner had shown he intended to use 
 permanently in connection with the land are immovable by des- 
 tination. The provision in the present law extends this princi- 
 ple to everything which was upon the land for the purpose of 
 operating it in a commercial, industrial or agricultural enter- 
 prise.] 
 
 4. All damages within the purview of the preceding para- 
 graphs caused within the zone of frontier defence as well as in 
 the neighborhood of fortifications and intrenched places, and 
 those who have rights under this provision shall not be subject 
 to any defence based upon the statutes and decrees with refer- 
 ence to military servitudes. In every case in fixing the amount 
 of indemnity the commissions of valuation shall take account of 
 the permissive character of constructions built in military zones 
 in contravention of the statutes and administrative regulations 
 or by virtue of authorizations subject to a promise to take out 
 upon request. [Military servitudes above could be translated, if 
 we had such a thing in our law, military easements — that is re- 
 strictions upon the rights of owners by way, as it were, of the 
 easements of the state to do certain things thereon for military 
 purposes. I suppose we have no such conception. Either we 
 should take by eminent domain or we should say that there is a 
 license, as it were, by operation of law. Precaire means sub- 
 stantially what we mean by permissive when we speak of a per- 
 missive user of land. Literally a precarium is a holding at will. 
 I translate engagement, promise. It is a somewhat stronger term. 
 It means a legally binding promise.] 
 
 5. All damage done to boats equipped for fishing. An ad- 
 
 15 
 
ministrative regulation shall determine the procedure to be fol- 
 lowed in proof and appraisement of the damage. 
 
 Damages within the purview of the preceding paragraphs 
 shall include those caused by the French or allied armies, whether 
 by reason of measures in preparation for attack, preventive meas- 
 ures for defence, the necessities of battle and of evacuation of 
 threatened points, or by reason of the requirements of occupa- 
 tion in those parts of the territory comprised in the zone of the 
 armies and in particular requisitions, billets and cantonments; 
 and power is reserved to the claimant at his election to avail him- 
 self of the provisions of the statutes of July 10, 1791, and July 
 3, 1877 and of the decrees of August 2, 1877, November 23, 1886, 
 and December 27, 1914. 
 
 The damages shall be approved and appraised and the indem- 
 nity fixed with respect to each person injured according to cate- 
 gories following the classification hereafter provided and in con- 
 formity with the provisions of the present statute. The injured 
 person shall have the power to assert at the same time claims for 
 the different categories of damage to which he has been sub- 
 jected. 
 
 Article 3. Individuals and their heirs, associations, public 
 establishments or establishments of public utility, communes and 
 departments, shall be admitted to exercise the right hereinafter 
 defined. [With us the property of charitable institutions, schools, 
 hospitals, museums and the like is owned by trustees, or else such 
 institutions are incorporated. In the civil law it is customary 
 to devote certain property to ends of public utility of the sort 
 and to treat and think of the property much as we should think 
 of a corporation. In other words, the property devoted to such 
 a purpose is administered through agents, whereas we should 
 say there is a corporation owning the property and acting 
 through agents.] 
 
 Corporations and partnerships a part of whose capital was 
 withheld by citizens of enemy powers after the 1st of August, 
 1914 shall be reimbursed by the state by stoppage of the divi- 
 dends declared to holders of securities under the jurisdiction of 
 enemy powers or by other stoppages imposed upon such holders 
 in order to cast upon them the share of the indemnity which the 
 capital detained by such enemies would have produced. [8o- 
 
 16 
 
ciete in French law includes both partnerships and what the 
 English would call companies and we should call corporations.] 
 
 An administrative regulation shall determine the conditions 
 under which the preceding paragraph is to be applied. 
 
 The right of reparation shall belong to foreigners in France 
 and to naturalized persons who have recovered the condition of 
 Frenchmen, under the conditions determined by treaties to be 
 concluded between France and the nation under whose jurisdic- 
 tion these foreigners or these naturalized persons are or have 
 been. Simply for the purpose of preserving their rights foreign- 
 ers shall be admitted to make proof and have appraisement of 
 the damages which they may have suffered. 
 
 A special statute shall determine the conditions under which 
 concessionaries of means of communication of general interest 
 may be admitted to the benefit of the present statute. [Conces- 
 sion in the civil law means much the same as franchise with us. 
 The French divide "matters of general interest" into travaux 
 publics (carried on by departments and communes and public 
 establishments — that is, public charitable foundations) and en- 
 terprises carried on by concessionaries subject to administrative 
 control.] 
 
 TITLE II. On Indemnity. 
 
 Article 4. With respect to immovables the indemnity shall 
 include the amount of loss undergone appraised as of the day 
 before the mobilization and the amount of additional expense 
 necessary for restoring immovables damaged or destroyed. The 
 grant of these two elements of indemnity is subject to the condi- 
 tion that the claimant effectively resumes the use of the property 
 according to the provisions of the articles following. 
 
 In case use of the property is not resumed the injured person 
 shall receive only the amount of the loss undergone. [As I un- 
 derstand this the two elements are, first, the diminution in the 
 value of the land as such found by comparing the value of the 
 land today with the value which it had the day before mobiliza- 
 tion, and, second, the additional amount necessary to rebuild and 
 repair actual waste due to the rise in wages and materials during 
 and since the war. The second item is conditioned upon resump- 
 tion of use of the land.] 
 
 17 
 
Article 5. The amount of the loss undergone and the 
 amount of additional expense required to restore immovables 
 shall be valued separately by the commissions constituted by arti- 
 cles 20 and following of the present statute. 
 
 In case of buildings and immovables by destination the 
 amount of loss undergone shall be appraised by taking for the 
 basis the cost of construction installation or reparation on the 
 day before mobilization, deducting for depreciation, for age and 
 decay, and in case of immovables rebuilt or repaired after mobi- 
 lization the cost on the day when they were repaired or rebuilt. 
 
 In case use is not resumed, if the immovable was transferred 
 more than ten years before the outbreak of hostilities and the 
 transfer was attested officially as of a date certain, the price set 
 forth in the instrument of transfer shall be taken account of in 
 appraising the loss undergone if that price is less than the ap- 
 praisement provided for in the preceding paragraph. The 
 amount of loss undergone shall not be permitted to exceed the 
 sale value of the immovable on the day before mobilization. 
 
 With respect to immovables referred to in the second para- 
 graph of the present article the additional cost shall be taken to 
 be the difference between the cost of construction, installation or 
 reparation on the day before mobilization and that of reconstruc- 
 tion of the same sort of immovables on the day of the appraise- 
 ment. 
 
 Subject to the condition of resumption of use a sum corre- 
 sponding to the depreciation resulting from age and decay will 
 be allowed to the claimant with respect to each piece of property 
 up to the amount of frs. 10,000, and for the remainder the 
 amount of the depreciation may be advanced by the state at the 
 request of the claimant to be repaid by him to the state in 25 
 years from the date of the last payment with 3 per cent, interest. 
 
 Subject to the same condition the depreciation for age and 
 decay shall not exceed 20 per cent, of the cost of construction on 
 the day before mobilization in case of lands admitting only of 
 use in agriculture. For the repayment of these advances the 
 state shall have a lien which shall stand in the first class of the 
 liens governed by article 2103 of the civil code. [Article 2103 
 of the French Civil Code provides who shall have liens upon land 
 by operation of law as distinguished from liens created by legal 
 transactions. Such persons are, first, vendors (compare the ven- 
 
 18 
 
dor's lien in our law), second, persons who have advanced the 
 money for the purchase of lands (compare the resulting trust 
 in our law), third, co-heirs with respect to the money due them 
 to equalize the lands awarded upon partition (compare the equi- 
 table charge in like case in our law), fourth, architects, contrac- 
 tors, masons and workmen employed in building, etc. (compare 
 the mechanic's lien in our law), fifth, persons who have lent 
 money to pay workmen in such cases.] 
 
 In case the immovables destroyed were used for industrial, 
 commercial or agricultural purposes the resumption of use may 
 take the form of the like use of immovables in the commune 
 where the damage was done or within a radius of 50 kilometers 
 provided it is within the devastated zone. In every case of ex- 
 propriation or repurchase of lands by the state the resumption of 
 use may be made by a use of land for agriculture within the 
 devastated regions. 
 
 Buildings shall be rebuilt in conformity with the provisions 
 prescribed by the statutes and administrative regulations as to 
 public hygiene. 
 
 Within 15 days following the promulgation of the present 
 statute a regulation of public administration may with the ad- 
 vice of the Superior Council on Hygiene determine the rules to 
 be applied to the reconstruction of buildings and groups of 
 buildings. 
 
 The resumption of use wiU be considered as complete if the 
 claimant has rebuilt the buildings destroyed, or has spent in re- 
 building a sum equal to the amount of indemnity due to him 
 with respect to each property. 
 
 If the resumption of use is only partial the claimant shall 
 only receive the proportion of the additional expense which cor- 
 responds to the amount expended. 
 
 In the case of land not built upon the amount of loss under- 
 gone will be appraised by taking account of the depreciation of 
 the soil, the depreciation or destruction of fences, of trees of all 
 sorts, of vines, plantations, shrubs and underbrush and forest 
 trees. In case of resumption of use the claimant in addition to 
 the amount of additional expense necessitated for putting the 
 land into its former condition of use and productivity shall be 
 entitled to the amount required for rebuilding fences, the re- 
 moval of stumps, for new plantations and for reforestation. 
 
 19 
 
Claimants shall be entitled to pool their rights to indemnity 
 or to put them into partnerships or corporations for the purpose 
 of rebuilding immovables or resuming agricultural, commercial 
 or industrial enterprises according to the conditions and within 
 the limits provided for in the preceding paragraphs. 
 
 In case of such pooling or partnership or corporation they 
 shall not be entitled to have their rights registered for more than 
 the value which they had before the war. 
 
 [That is if several persons who claim damage enter into a cor- 
 poration or limited company for the purpose of resumption of 
 use in reckoning the capital of the company their rights shall 
 not be put in for more than the value which they had prior to the 
 war.] 
 
 In case of public service companies, departments, communes 
 and public enterprises or enterprises of public utility, the in- 
 demnity shall not exceed the amount of the cost of reconstruc- 
 tion of the immovable subject to prior encumbrances. 
 
 With respect to concessionaries of mines the grant of indem- 
 nity provided for by the present article is subject to the condi- 
 tion of resumption of use unless the impossibility of resuming 
 is duly established in which case the indemnity shall be only the 
 amount of loss undergone. 
 
 Article 6. The reconstruction of a building or resumption 
 of use in any case may be forbidden on its own motion by the 
 tribunal for ascertaining damages resulting from the war if it is 
 found to be impossible or contrary to economic necessity or con- 
 trary to the public health. 
 
 Article 7. In case resumption of use does not take place 
 the indemnity shall still be reckoned by taking account of the 
 amount of loss undergone and the additional expense. The per- 
 son injured shall receive the amount of loss undergone. 
 
 The additional expense of reconstruction shall be turned into 
 a general fund under conditions determined by the statutes with 
 respect to finances in order to be employed for the advantage of 
 injured regions. 
 
 Article 8. If resumption of use does not take place the pay- 
 ment of loss undergone shall be made by turning over to the 
 person injured a bond representing the amount due him and 
 bearing interest at 5 per cent. 
 
 20 
 
These bonds shall be non-transferable for 5 years from date 
 of their delivery to the claimant ; during this period they may be 
 assigned by the authority of the tribunal stating the grounds 
 thereof, such authority to be given by the court in banc after 
 hearing a representative of the public. There may be an appeal 
 from the decision of the tribunal of first instance to a court which 
 shall decide the matter in banc in accordance with the procedure 
 appropriate to its summary jurisdiction. 
 
 Every transfer in violation of the preceding provisions shall 
 be void ; a judgment of nullity may be pronounced at the request 
 of the minister of finance. 
 
 After 5 years the payment of the bond shall be made in cash 
 in ten equal annual instalments, the first of which may be de- 
 manded at the expiration of 6 months and the following in suc- 
 cessive periods of 12 months. 
 
 Claimants who shall enter into an undertaking under the con- 
 ditions provided for by articles 9, 44 and 45 of the present statute 
 to resume use or to reinvest their indemnity shall be paid in cash 
 according to the provisions of said articles. 
 
 Article 9. The claimant shall have a period of 2 years from 
 the decision which definitely fixes the amount of indemnity to 
 which he is entitled within which to consent to the conditions of 
 resumption of use. As the basis of his undertaking and to facili- 
 tate calculations of the amount of additional expense he shall 
 furnish a plan of the work to be done and an estimate of the 
 materials required to carry it out. 
 
 Article 10. In case of co-owners of property if the majority 
 in number and value declare their intention of resuming use 
 their will shall prevail; the condition of undivided ownership 
 shall then be prolonged for a maximum period of 5 years from 
 the reconstruction of the thing destroyed at the request of the 
 co-owners who have declared their intention to resume use. In 
 case of partition resumption of use shall be a matter of right. 
 [In French law in many cases property owned in common is re- 
 quired for a certain period or under certain circumstances to 
 remain in a condition of " indivision. " The foregoing paragraph 
 provides an additional case in which partition is not to be allowed. 
 The last clause forbids restrictions on resumption of use in case 
 of partition.] 
 
 21 
 
In case of a partnership or a company the resumption of use 
 shall be a matter of right if it is decided upon under the condi- 
 tions with respect to pooling provided for by law. 
 
 In no case shall the duration of the partnership or company 
 be modified except in conformity with the rules provided for by 
 law. [In other words, the state of indivision may go on and yet 
 the condition of partnership may come to an end unless the part- 
 ners themselves provide otherwise in the manner provided by 
 law.] 
 
 Resumption of use shall be a matter of right whether the in- 
 tention to resume is declared by the holder of the bare legal title 
 or by a usufructuary or an emphyteuticary or by the purchaser 
 in a contract for sale. [Nu proprietaire, bare legal owner, refers 
 to one who has simply a reversionary right after the usufruct or 
 emphyteusis. Usufruct is more or less equivalent to our estate 
 for life or estate for years. Emphyteusis is a perpetual lease — 
 in France, however, limited now to 99 years and is very like the 
 ground rent of the law of Pennsylvania and Maryland.] 
 
 During the duration of the usufruct or emphyteuticary lease, 
 the repayment of the annual instalments due to the state under 
 the conditions provided for by paragraph 5 of article 5 is to be 
 charged, one half to the holder of the bare legal title, and one 
 half to the usufructuary or emphyteuticary. 
 
 Creditors who have liens upon the land by way of mortgage 
 or otherwise cannot object to the resumption of use nor exact the 
 payment of their debts in money except at the expiration of the 
 time fixed by the original contract with deduction without ex- 
 pense of a period corresponding to the interruption of enjoyment 
 of the land. 
 
 Creditors having liens upon the property by way of mort- 
 gage or otherwise, usufructuaries, emphyteuticaries, owners of 
 real rights of use or habitation and purchasers in a contract of 
 sale shall have their rights in the reconstructed property fixed 
 subject to the lien given to the state by paagraph 7 of article 5. 
 [The real right of use and habitation is a limited usufruct, it is 
 a right of pure personal use of land or purely personal use of a 
 building. In the case of a usufruct the usufructuary may assign 
 his right to enjoy the property as a lessee may assign his lease 
 in our law. In the case of use and habitation no such assign- 
 
 22 
 
ment can be made. For an American to understand this provi- 
 sion perhaps it would be enough to say, creditors who have liens, 
 lessees and purchasers in land contracts.] 
 
 In case of non-resumption of use creditors secured by liens, 
 by way of mortgage, or otherwise, as well as creditors secured 
 by bonds and purchasers under contracts of sale, may be subro- 
 gated to the position of the debtor with respect to the rights 
 given to the latter under the present law, for the purpose of se- 
 buring their rights, upon obtaining authorization from the civil 
 tribunal given by the court in banc after hearing a representative 
 of the public and hearing the debtor and upon subscribing to 
 the conditions of resumption of use. 
 
 Creditors cannot exercise the right given them above except 
 within two months from default by the debtor. In case a claim 
 is made under this provision the persons in interest shall be noti- 
 fied by the clerk of the cantonal commission. 
 
 In case of non-resumption of use the indemnity shall belong 
 to lien holders by mortgage or otherwise in their order and to pur- 
 chasers in contracts of sale without need of an express power of 
 attorney, and under the conditions provided for in article 43. 
 
 Objections to payment shall be drawn up and assignments 
 and powers of attorney with respect to indemnities shall be ac- 
 knowledged before the treasurers and receivers of public monies 
 of the departments within a month following the final ascertain- 
 ment of the indemnity. Within eight days under penalty of be- 
 ing void otherwise they shall be entered upon a registry kept by 
 the clerk of the tribunal for ascertaining the damage caused by 
 the war. After this period has elapsed payments shall be valid. 
 [In each department of France there is an official administrative 
 officer called the tresorier-payeur general. He has not only 
 the duties of treasurer but to some extent those of auditor and 
 certain magisterial administrative functions also.] 
 
 In case of a usufruct it will be noted in registering the bond 
 delivered to the claimant. [In other words, if the claimant has a 
 usufruct for life and so would be entitled to the use of the prop- 
 erty for life the bond delivered to him will have a note upon it 
 and there will be a note also in the registry that he is the usu- 
 fructuary so at his death the owner may claim the principal and 
 the income remaining unpaid.] 
 
 If the land is subject to rights of use or habitation or to ease- 
 
ments the indemnity is to be divided between the owner and the 
 holders of these rights according to the value of their respective 
 rights in proportion and upon conditions established by the ad- 
 ministrative officers in charge of registration of rights upon suc- 
 cesson to property. [That is, the administrative rules estab- 
 lished in case of succession to estates shall govern in this respect 
 also. Succession in the French law involves both succession by 
 will and succession upon intestacy.] 
 
 Article 11. In case the person immediately entitled under 
 this statute does not resume the use of the property, interested 
 owners may form associations under the forms and conditions 
 fixed by the statutes of June 21, 1865, and December 22, 1888, to 
 carry on works of collective utility. In case the commune is not 
 one of the owners presumed to be interested the Mayor may 
 nevertheless take part in the meeting of the association but sim- 
 ply in an advisory capacity. 
 
 [The French law authorizes all manner of ^'associations syn- 
 dicales'' — that is associations of persons who act through agents. 
 These associations may be entered into for all kinds of purposes 
 varying from churches to trade unions and bar associations.] 
 
 Article 12. In case of civil buildings or church buildings 
 the indemnity shall consist of the amount necessary to rebuild 
 an edifice of the same sort with the same importance for the same 
 purpose and with the same permanence as the building destroyed. 
 
 [Civil buildings means buildings existing for general public 
 purposes like academies of science, natural history societies and 
 the sort.] 
 
 On the request of persons interested or on its own motion the 
 special commission hereinafter constituted shall determine the 
 importance of the building and the guaranties of its permanence. 
 
 In case of dispute this shall be determined by the tribunal 
 for ascertaining the damages caused by the war. 
 
 The minister of public instruction and of the fine arts shall 
 order, after obtaining a favorable opinion from the Commission, 
 with respect to the preservation and consolidation of ruins and 
 •with respect to rebuilding and putting in their former condition 
 monuments of historical or artistic value. Subventions for this 
 purpose shall be provided for in the budget of the minister of 
 public instruction and of fine arts. 
 
 24 
 
If reconstruction is not authorized the indemnity shall include 
 the amount necessary for the acquisition of new land. 
 
 The Commission above referred to shall be composed of two 
 senators elected by the Senate, of three deputies elected by the 
 Chamber, of two members of the French Academy, of two mem- 
 bers of the council of instruction and belles lettres and two mem- 
 bers of the Academy of Fine Arts appointed by their associates, 
 of a member of the Superior Council of Fine Arts, of a member 
 of the General Council of Civil Buildings, of two members of the 
 Commission on Historical Monuments elected by their colleagues, 
 of a representative of the Minister of Public Instruction and 
 Fine Arts, of a representative of the Minister of Finance, of a 
 representative of the Minister of the Interior, of a representative 
 of the Minister of Labor, of a representative of the minister 
 charged with the reconstruction of liberated regions of a repre- 
 sentative of each religious denomination interested in the rebuild- 
 ing of buildings, who shall be appointed by the Minister of the 
 Interior, and of six artists appointed by the Ministry of Public 
 Instruction and Fine Arts. 
 
 After a month from the promulgation of the present statute 
 a regulation of public administration shall determine the mode 
 of procedure and the duties of this Commission and it shall be 
 the duty of the Commission to consult the municipal councils 
 and communities which are interested. 
 
 Article 13. Damage done to movables shall be repaired to 
 the extent of the loss undergone appraised as of date of June 
 30, 1914, with respect to movables other than agricultural prod- 
 ucts and with respect to the latter as of the date of harvest. In 
 each case with respect to movables purchased or produced after 
 June 30, 1914, the appraisement of loss undergone shall be made 
 according to the purchase price or the cost of production if they 
 can be established. 
 
 Movable goods of no industrial, commercial, agricultural, pro- 
 fessional, or domestic utility, cannot in any case be given a higher 
 value than the value attributed to them in the contracts of sale 
 or inventories, declarations of succession or other instruments in 
 which they have been appraised provided that these instruments 
 are not more than 10 years old. In default of such instrument 
 the appraisement shall be made in conformity with the first 
 paragraph. [The French law requires an heir, a donee, or a 
 
 25 
 
legatee to sign a declaration setting forth all the property which 
 has come to him by way of succession. Even if the succession 
 does not include a single article nevertheless he is required to 
 subscribe to what is called a negative declaration. In other 
 words, instead of the inventory of the estate by an executor or 
 administrator as in our law the successor testamentary or on 
 intestacy makes out such an inventory himself.] 
 
 The indemnity provided for reparation of damages done to 
 raw materials or to industrial stocks shall be paid in the manner 
 provided by article 8 whenever the claimant, if he has under- 
 gone damage to land, has not consented to conditions of resuming 
 use and whenever resumption of use has not been prohibited. 
 
 An allowance for additional expense to the extent of the dif- 
 ference between the loss undergone and the value of replacing 
 (to be reckoned by taking account either of the cost of replacing 
 if the article has been replaced, or the value of an article neces- 
 sary to replace it at the date of appraisement if replacement has 
 not yet taken place) shall also be awarded in case of movables 
 comprised in the following categories : 
 
 1. Raw materials and stocks indispensable for an industrial 
 enterprise to the extent of the amount necessary to resume the 
 ordinary course of manufacture for a period of three months 
 as well as manufactured products in course of manufacture and 
 property suitable for the exercise of a profession; 
 
 2. In case of land used for agriculture, animals, so far as 
 they are not considered immovable by destination, as well as 
 manure, seed, harvested crops and different products necessary 
 for resuming cultivation, for fertilizing land and for feeding 
 stock until the next harvest. [As to immovables by destination 
 see the explanation in connection with the provisions of article 
 2, par. 3.] 
 
 3. Implements or apparatus serving for use of land, in com- 
 merce, or the exercise of a profession, as well as the goods and 
 merchandise necessary to ensure the carrying on of commerce 
 or industry for a period of three months ; 
 
 4. Furniture, household goods, bedding, linen, personal ef- 
 fects ; ornaments the value whereof in each case shall not exceed 
 3,000 frs. at the date of the declaration of war. 
 
 Article 14. Damage due to the destruction of bonds or cou- 
 
 26 
 
pons of the French government shall be repaired by awarding 
 bonds or coupons of the same nature in their place. In case of 
 French bonds or coupons other than those issued by the state, 
 or of foreign bonds or coupons the restoration whereof cannot be 
 Obtained in France by legal means, the damage shall be repaired 
 to the extent of the loss undergone appraised as of the last 
 quoted market price before the date of fixing the indemnity 
 or in default of market quotation by a government appraise- 
 ment, the French government being subrogated to the rights of 
 the claimant in order to seek restitution of the bonds and coupons 
 and preserving in every case the power of releasing itself by 
 delivering bonds or coupons of the same nature. 
 
 Article 15, Immediate, direct and certain damages as a re- 
 sult of the war suffered by public officers and administrative em- 
 ployees shall be repaired to the extent of the loss undergone 
 measured by the difference between the value of the office at the 
 date of mobilization and its value at the date of appraisement. 
 
 The claims shall be presented within two years after the date 
 of cessation of hostilities fixed by proclamation. 
 
 The appraisement shall be made by the tribunal for ascertain- 
 ing the damages caused by war upon advice of the chamber of ad- 
 ministrative or professional discipline, and of a court of appeal 
 or civil tribunal. 
 
 The state shall recover the sums paid out in reparation of 
 damage caused to offices by a deduction of half of the excess 
 value established by an appraisement made ten years later over 
 the value fixed by the appraisement for the purpose of ascertain- 
 ing the damage. 
 
 The recovery provided for in the preceding paragraph shall 
 take effect at the time of the transfer following the decennial ap- 
 praisement; but it shall bear interest at the legal rate which 
 shall obtain at the time of the latter appraisement and shall be 
 payable annually. 
 
 If in any case no transfer of the office takes place at the latest 
 within five years following the decennial appraisement the re- 
 payments of excess value shall take place in annual instalments 
 of one-fiLfth, of which the first shall be due six months after the 
 expiration of the five years without prejudice to an immediate 
 
 27 
 
exaction of the whole in case of a transfer before the whole has 
 been paid. 
 
 During the same period of two years an administrative officer 
 who has been seriously injured may request the abolition of his 
 office ; also the administrative chancellery may abolish any minis- 
 terial office which has been the subject of a claim of indemnity at 
 the request of a public ministry after taking the opinion in each 
 case of the chamber of administrative or professional discipline 
 and of the court of appeal or of the tribunal having to do with 
 such cases, the court in each case sitting in banc. 
 
 The person entitled to the office suppressed or those succeed- 
 ing to his rights shall receive the value of the office at the date of 
 mobilization ascertained by the chancellery by reckoning the 
 present worth at the rate of interest current at the time of decla- 
 ration of war on the mean revenue of the office during the five 
 years preceding mobilization. 
 
 In case of suppression of an office the indemnity paid by the 
 state shall in whole or in part be charged by a decision of the 
 custodian of the seals to the ministerial officers benefited thereby 
 in the proportion indicated by the court or the tribunal with the 
 advice of the chamber of administrative and professional disci- 
 pline and after the comparative value before and after the war 
 of the offices charged with this repayment shall have been estab- 
 lished. 
 
 The recovery of sums charged to ministerial officers benefited 
 by suppression of an office shall not exceed half of the excess 
 value of their office. 
 
 This recovery shall be had according to the methods pre- 
 scribed by the 4th, 5th and 6th paragraphs of the present article. 
 
 The decennial appraisements shall be made by a commission 
 composed of a judge of the court of appeal, or a presiding mem- 
 ber of the civil tribunal designated by the first president of the 
 court of appeal and by an administrative officer of the depart- 
 ment of direct taxation, an administrative officer of the enrolling 
 department appointed by the Minister of Finance, two members 
 of the chamber of administrative and professional discipline, if 
 there is one, to be designated by the court or the tribunal. There 
 shall be added to this commission as secretary a clerk chosen from 
 among those exercising the office who have held such office for 
 iJen years. 
 
 28 
 
All claims of the state for recovery of excess values of offices 
 shall be secured by a special lien. This lien shall be registered 
 upon a special registry kept by the Bureau of Ministerial Offices 
 in the Ministry of Justice. 
 
 In case of suppression of the office of a notary no account shall 
 be taken of the provision of article 32 of the law of 25 Ventose, 
 year XI. A decree shall indicate the notaries who shall have the 
 right to officiate in all the cantons in which the notarial office has 
 been suppressed. 
 
 [In explanation of this article it should be noted that in 
 France clerks, notaries and other administrative officers in the 
 judicial and executive departments have to undergo a special 
 training somewhat analogous to the education required by us for 
 admission to the bar. Having prepared specially for these posi- 
 tions and been appointed to the positions for which they have pre- 
 pared themselves, the incumbents are thought of as having a prop- 
 erty in their offices. Thus a notary with respect to his office is 
 thought of very much as we should think of a member of the bar 
 who has an established local practice, or a physician who has an 
 established local practice. The "chambers of administrative and 
 professional discipline" referred to might perhaps be put better 
 * * committees of administrative or professional discipline. ' ' These 
 chambers are very like the grievance committees of an American 
 Bar Association, only they have an official status whereas with us 
 such committees have no legal powers.] 
 
 Article 16. The provisions of article 10 with respect to 
 preservation of real rights shaU apply also to movables whether 
 objects of replacement or the indemnity awarded in their place. 
 
 Abticle 17. When measures have been taken to avoid or pre- 
 vent damage whether in case of land or movables or to prevent 
 aggravation of damage, an indemnity shall be awarded to reim- 
 burse justifiable expense in so doing. 
 
 Article 18. Indemnities awarded under the provisions of this 
 title shall not be added to any other indemnity received by rea- 
 son of the same facts except in case of sums which the French 
 state may have recovered from the enemy by virtue of conven- 
 tions or treaties with respect to damages of every sort which are 
 not provided for or are only partially provided for by the pres- 
 ent statute. 
 
 29 
 
The sums awarded for the construction of temporary shelters 
 for persons, animals, or property shall not be deducted in reckon- 
 ing indemnity. 
 
 In case the claimant has taken out insurance against the risks 
 of war the indemnity shall be reckoned by deducting sums due 
 from the insurer but account shall be taken of premiums paid. 
 An insurance company shall not in any case have recourse against 
 the state. 
 
 Article 19. For the purpose of a provisional building and 
 under the conditions in the present statute the claimant may ob- 
 tain an allowance not exceeding one-third of the indemnity. In 
 that case the treasurer shall capitalize the remainder of the in- 
 demnity at 5 per cent, from the initial credit at the request of 
 the person interested and the sum so obtained shall be turned 
 over to the claimant according to the provisions of the present 
 statute as to payment upon condition of erection of the buildings. 
 
 TITLE III. Jurisdiction. 
 
 Article 20. Damages within the purview of the present stat- 
 ute shall be approved and appraised by cantonal commissions for 
 this purpose formed in accordance with the following provisions : 
 
 In each department interested, decisions of the prefect shall 
 fix : the period within which cantonal commissions shall be estab- 
 lished, the number of these commissions for each canton, the seat 
 of office and jurisdiction of each one of them, and the date from 
 which each shall begin its functions. 
 
 If the situation or condition of certain communes so demands 
 the seat of office of a commission may be fixed in a commune of 
 a neighboring department by a decision of the ministry of lib- 
 erated regions. 
 
 When the place where the damage has taken place is not 
 known, and when for other reasons it is not possible to proceed 
 to prove the damage within the jurisdiction of a cantonal com- 
 mission already constituted, the proof and appraisement of the 
 damage shall be made by a special commission the composition 
 whereof shall be the same as that of the cantonal commissions 
 which have their seat of office at Paris. 
 
 The tribunal for establishing damages caused by war in the 
 
 30 
 
Department of the Seine shall have jurisdiction to pass upon ap- 
 peals taken from decisions of these commissions. 
 
 If the subject of the damage extends over several cantons 
 jurisdiction shall belong to the commission of the canton in which 
 the principal portion of the damage took place. 
 
 A special commission having its seat in Paris in the ministry 
 of public works is established for the ascertainment and appraise- 
 ment of damage caused by war to ferries and towing and water 
 transportation enterprises. If the place of damage is known and 
 the damage can be proved the cantonal commission in the place 
 where the damage took place shall proceed to take the proof in 
 the presence of the person interested if he shall so request. A 
 transcript of the proof shall be drawn up and this transcript shall 
 be transmitted within 8 days to the president of the special com- 
 mission charged with appraising the damage. Appeals from de- 
 cisions of this special commission shall be brought before the 
 tribunal for ascertaining damage caused by the war in the De- 
 partment of the Seine. 
 
 Article 21. The cantonal commission shall be composed of 
 five members : 
 
 One, a president chosen in the jurisdiction of the court of 
 appeal by the presiding judge thereof, or in default of such ap- 
 pointment outside of the jurisdiction by the minister of justice 
 from among the judges of civil tribunals or justices of the peace 
 or former magistrates of civil tribunals or tribunals of commerce 
 who have served ten years or more, advocates who have been in 
 practice at least ten years, retired solicitors and retired notaries 
 who have served as such for the same period of time, or have 
 exercised continuously for ten years the profession of advocate, 
 or administrative officer or magisterial functions; second, a rep- 
 resentative designated by the ministers of finance and of liber- 
 ated regions ; third, an architect, contractor or engineer ; fourth, 
 an official appraiser, clerk or retired clerk, dealer in furniture, 
 or other person having special competence for valuing furniture 
 and movable property ; fifth, a farmer, person engaged in indus- 
 try or merchant or craftsman, according to the case and the na- 
 ture of the damages to be appraised. 
 
 The members of the commission other than the president and 
 the representative of the minister of finance shall be designated 
 
 31 
 
by the civil tribunal sitting in banc which shall designate at the 
 same time one or more alternates in each category. 
 
 The tribunal shall name as clerk for each commission a sec- 
 retary chosen from among the clerks of court or retired clerks 
 of court, city clerks or retired city clerks, or in default thereof, 
 other persons who may appear qualified. 
 
 The commission can make no valid decision unless the presi- 
 dent and three regular members or alternates are present at the 
 sitting. 
 
 Article 22. In case of damages to mining enterprises or 
 quarries, to woods and forests, or to fish ponds, the commission 
 shall be composed as follows : A president chosen in accordance 
 with the preceding article, a representative of the minister of 
 finance, two members chosen by lot from persons engaged in 
 mining, in forestry, or in the management of fish ponds, and an 
 agent of the department of public works, or the department of 
 waters and ferries designated by the ministers interested, and an 
 additional member according to the nature of the damages to be 
 appraised. 
 
 In case of damage to ferries, water transportation and towing 
 enterprises, the commission shall be composed as follows: A 
 president designated by the presiding judge of the court at Paris 
 according to the preceding article, a representative of the minis- 
 ter of finance, a representative of the minister of public works, a 
 shipbuilder or a boatman. The two last members shall be desig- 
 nated by the advisory committee of internal navigation which 
 shall at the same time appoint one or more alternates in each 
 category. 
 
 Article 23. A technical committee is hereby constituted in 
 each department to draw up or cause to be drawn up by compe- 
 tent persons or associations tables of prices with respect to mov- 
 ables in order to facilitate calculations of loss undergone and 
 calculations of additional expense of reconstruction and replace- 
 ment values. 
 
 This committee shall be organized under the direction of the 
 prefect at least a month before the organization of each cantonal 
 commission. It shall include besides the prefect or his represen- 
 tative a representative of the minister of public works, a repre- 
 sentative of the minister of liberated regions, the presidents and 
 
 32 
 
vice-presidents of commercial tribunals and chambers of com- 
 merce, of agricultural societies and committees, and of the coun- 
 cils of experts within the department ; a member of the depart- 
 mental council of civil buildings designated by this council, and 
 a member of each one of the societies of architects and of engi- 
 neers existing in the department 
 
 The tables of prices shall be put at the disposition of the com- 
 missions of appraisement and of tribunals having jurisdiction 
 with respect thereto to be used by them in appraising damages 
 and fixing indemnities. 
 
 Article 24. After the publication of the decision of the pre- 
 fect proclaiming that commissions have entered upon their func- 
 tions persons interested may file their claims and documents in 
 support thereof with the clerk of the cantonal commission hav- 
 ing jurisdiction and he shall deliver receipts therefor. 
 
 Claimants may also file their claims in the office of the Mayor, 
 in the office of the prefect or deputy prefect of the arrondisse- 
 ment where the damage took place. In such case the documents 
 shall be examined in the office of the prefect and transmitted 
 with an opinion on the case to the clerk of the cantonal commis- 
 sion within 15 days. 
 
 The claimants shall indicate, if there are such, the names and 
 residences of creditors, mortgagees, lien holders, persons having 
 rights of use and habitation, and persons entitled to easements in 
 the property damaged as well as purchasers in contracts for the 
 sale thereof. 
 
 These creditors shall be informed of the claim by the clerk 
 and shall be permitted to present their case before the cantonal 
 commission and the tribunal for ascertaining damage caused by 
 the war within 15 days from notice. 
 
 In case of property belonging to communes, if the Mayor 
 does not act within three months any listed taxpayer in the com- 
 mune may make a claim for reparation of the damage done to 
 the property of the commune. 
 
 Article 25. In cases in which married women, persons under 
 disability, or non-residents are interested, and generally in every 
 case where the law provides for administration of property by a 
 guardian, receiver or sequestrator, as well as in all cases of suc- 
 cession, the exercise of the rights and prosecution of the actions 
 
 33 
 
provided for by the present law shall be governed by the genera' 
 rules of law subject to the exceptions hereinafter set forth : 
 
 1. Guardians of minors and interdicted lunatics and prodi- 
 gals, and guardians of the property of emancipated minors shall 
 only be required to produce before the competent tribunal a 
 statement of the family council of the person under disability 
 stating the reasons thereof. [That is, such a statement from the 
 family council of the incapacitated persons shall be sufficient to 
 show the power of the representative to act in the premises. The 
 family council is an institution entirely unknown to our law. If 
 is a sort of domestic tribunal made up of a justice of the peace 
 and six near relatives of the incapacitated person, which must be 
 consulted in all matters of guardianship and the like.] 
 
 2. Proof before the competent tribunal that it is impossible 
 for the husband to assist his wife, or that he refuses to do so, 
 shall make the tribunal competent even with respect to dowry or 
 community property for all proceedings herein provided for, as 
 well as for the carrying out of its decisions. [In French law the 
 disabilities of married women are still considerable. Also under 
 the French matrimonial property regime community property is 
 thought of as property of the husband and wife, as a sort of col- 
 lectivity, administered, however, by the husband. It is almost 
 as if husband and wife were a corporation owning the community 
 property and the husband was in the position of the directors of 
 the corporation.] 
 
 In each case the proceedings had must respect the marital 
 usufruct of the husband resulting from the matrimonial regime. 
 [This is a very free translation to bring out the idea. In French 
 law the husband has a right of use and enjoyment of the property 
 under the matrimonial regime and this right is protected by the 
 present clause.] 
 
 3. Persons charged by law or judicial appointment with the 
 administration of the property of others, such as fathers with 
 respect to the property of children, receivers or curators of the 
 property of absent persons, as well as persons entitled to the 
 property of inheritances shall be relieved from the requirement 
 of making formal proofs of their authority to act. [Heriter bene- 
 ficiaire is not easy to translate. In the French law the estate of 
 a deceased person devolves upon an heir or heirs who may be 
 charged with the payment of legacies or with holding the whole 
 
 34 
 
estate for, or turning it over to, a beneficiary of the inheritance. 
 In such case the situation is very like that of the residuary lega- 
 tee who takes an estate charged with payment of legacies in our 
 law.] 
 
 In cases within the purview of the third paragraph preceding 
 as well as in case of damage done to inalienable settled property, 
 even if the wife is authorized to act by her husband, the decision 
 of the commissions having jurisdiction shall always be submitted 
 to the tribunal for ascertaining damage caused by war which 
 shall make a decsion. [In French law a wife cannot act without 
 a formal instrument of authority from the husband. The phrase 
 translated inalienable settled property is bien dotal inalienable. 
 Its nearest equivalent in our law is property settled upon the wife 
 by a marriage settlement with provisions against alienation.] 
 
 Article 26. If the person injured shows that he is not in a 
 position to proceed to an appraisement except as to part of the 
 damage to his property the commission having jurisdiction may 
 at his request adjourn the proceeding or it may proceed to a par- 
 tial proof and appraisement. 
 
 Article 27. The clerk shall summon the parties. He shall 
 give notice of this summons to creditors, mortgagees, lien hold- 
 ers, holders of rights of use and habitation and of easements as 
 well as to purchasers in contracts of sale, in each case by regis- 
 tered letter with requirement of receipt. The state is to be sum- 
 moned through the prefect or his representative. 
 
 The president of the commission shall have power to put the 
 papers in proper form. 
 
 The commission shall hear the parties and all others interest- 
 ed. It may also hear persons especially competent to appraise 
 particular forms of damage, and may order such expert examina- 
 tions and means of informing itself as may seem expedient. It 
 may take a view of the place and for this purpose may depute 
 two or more of its members. 
 
 The parties may be assisted or represented by a member of 
 their household, a parent or a relative, or by a member of the 
 bar, or administrative officer. 
 
 The dispositions of article 269 of the statute of July 12, 1905, 
 and article 96 of the statute of July 13, 1911, are applicable to 
 the present statute. 
 
 35 
 
[These provisions provide for hearing and representation be- 
 fore administrative commissions.] 
 
 Article 28. The commission shall endeavor to bring the par- 
 ties to an agreement, shall attest the settlement they may make 
 if any, and shall decide whether such settlement ought to be 
 judicially confirmed and recorded. In that case the settlement 
 shaU be final ; a record setting forth the grounds thereof is to be 
 drawn up and the appraisement shall be conclusive. 
 
 If a settlement is not arrived at the commission shall draw 
 up a statement of the claims and contentions of the parties and 
 the points on which they are at disagreement. It shall take 
 proof of the existence and importance of the items of damage by 
 categories in accordance with article 2 of the present statute and 
 make a distinct appraisement of each of the elements going to 
 make up the damage. 
 
 The clerk shall send to the parties by registered letter with 
 requirement of receipt a summary statement of the decisions of 
 the commission, and at the same time shall warn them that they 
 have a period of one month from the receipt of the notice to file 
 their documents with the clerk of the appellate tribunal and 
 carry their contentions if they desire to the tribunal for ascer- 
 taining damages caused by war. 
 
 The latter tribunal shall acquire jurisdiction by a statement 
 signed by the parties, or their agent with special power of attor- 
 ney, entered upon a register kept by the clerk of the tribunal who 
 shall deliver a receipt for the statement. 
 
 The record of the cantonal commission, the written proofs 
 and aU the documents shall then be transmitted by the clerk of 
 the commission to the clerk of the tribunal for ascertaining dam- 
 age caused by war. 
 
 Article 29. At the seat of government of each of the arron- 
 dissements in which cantonal commissions have been established 
 a tribunal for ascertaining damage caused by war is temporarily 
 established. 
 
 If such a tribunal cannot be established at the seat of govern- 
 ment of an arrondissement under the circumstances it shall be 
 provisionally set up in a neighboring arrondissement. 
 
 The tribunal shall be divided into as many divisions as its 
 needs may require. Its business shall be distributed between the 
 
divisions by the president of the first division ; so far as possible 
 eases from the same canton are to be referred to the same divi- 
 sion. 
 
 Each division of the tribunal shall be made up of: first, a 
 president designated by oflScial decree at the instance of the 
 minister of justice from among the judges of the courts of ap- 
 peal and tribunals of first instance ; 
 
 2. Of two members and two alternates designated in the 
 same manner as the president and chosen from among the judges 
 of the courts of appeal and judges of the tribunals of first in- 
 stance and prefectural councils, former presidents of the order 
 of advocates, professors of the faculties of law, former presidents 
 of the order of advocates before the council of state and the court 
 of cassation, former presidents of the society of solicitors and 
 notaries; 
 
 3. Of two members and two alternates chosen by lot at the 
 beginning of each session of two months from a list of 20 mem- 
 bers designated by the general council. 
 
 The tribunal can make no valid decision unless three members 
 are present including the president. 
 
 The tribunal shall be assisted by a clerk named by an order 
 of the minister of justice. 
 
 Article 30. The tribunal shall decide as to the reality and 
 importance of the damage claimed, by separate decision with 
 respect to each category according to article 2 of the present 
 statute, and with a distinct appraisement with respect to each of 
 the elements of damage. 
 
 It shall pass upon all questions connected therewith and fix 
 definitely the amount of indemnities. 
 
 If the rules prescribed by the present statute and by the de- 
 crees and administrative decisions rendered for the purpose of 
 carrying it into execution have not been observed it may set 
 aside irregular proceedings either on its own motion or at the 
 request of interested parties. If a judgment setting aside a pro- 
 ceeding is pronounced the tribunal may according to the circum- 
 stances and the state of the record remit the case to the cantonal 
 commission or proceed itself to appraisal of damages and ascer- 
 tainment of the indemnity. The tribunal shall decide upon writ- 
 ten arguments and summarily upon report by one of the judges. 
 
 37 
 
The parties may at their request make brief oral arguments or 
 have such arguments made for them by a member of their house- 
 hold, a parent or relative, by a practising advocate, by an ad- 
 ministrative officer within his jurisdiction or by the representa- 
 tive of a regularly organized association of claimants. 
 
 The report shall be read and the judgment pronounced at a 
 public sitting. 
 
 Article 31. Allowances to members of the cantonal com- 
 missions and the tribunals for ascertaining damage caused by 
 war, as well as their clerks shall be fixed by a decision agreed to 
 by the minister of justice, the minister of finance, and the minis- 
 ter of liberated regions. 
 
 Article 32. Every mode of proof even by simple presump- 
 tions shall be admissible to establish the reality and importance 
 of damages of whatever nature within the purview of the present 
 law. 
 
 Parents and domestic servants may be heard as witnesses. 
 
 The cantonal commission and the tribunal for ascertaining 
 damage caused by war may order the production of transcripts 
 of records, attested copies of deeds, copies of private or public 
 documents, of books of account, and in general of all documents 
 and instruments relevant to proof and appraisal of the damage. 
 
 They shall fix the period within which inquiries, expert ex- 
 aminations and other modes of obtaining information shall be 
 completed. 
 
 Where experts do not act within the time fixed their power 
 shall be revoked. 
 
 Article 33. If there is a dispute as to the legal title or legal 
 standing of the claimant, and whenever difficulties arise not im- 
 mediately connected with ascertainment of the amount of in- 
 demnity, the indemnity shall be determined independent of these 
 controversies and difficulties, with respect to which the parties 
 shall be relegated to their legal remedies. 
 
 Article 34. In reckoning periods of time the provisions of 
 article 1033 of the code of civil procedure shall obtain. 
 
 Article 35. The decisions of the tribunals as well as tran- 
 scripts or copies or extracts therefrom, which may be delivered 
 to the parties, and especially of procedural instruments within 
 
 38 
 
the purview of the present statute, had before cantonal eommia- 
 sions and before the tribunal for ascertaining damage caused by 
 war, shall be exempted from the requirements of internal rev- 
 enue and registration. They shall state upon their face that they 
 are made pursuant to the present statute. [In France as well as 
 in England the state derives a considerable revenue from taxa- 
 tion of instruments used in the course of litigation. Proceedings 
 under the present statute are exempted therefrom.] 
 
 Wherever in support of their contentions the parties produce 
 unregistered instruments which the laws require to be registered 
 within a fixed period or instruments not drawn up upon stamped 
 paper contrary to the provisions of the revenue laws, the can- 
 tonal commission or the tribunal for ascertaining damage caused 
 by war, of its own motion, shall order the filing of these instru- 
 ments before the clerk in conformity with article 16 of the statute 
 of August 23, 1871 in order that they may be immediately regis- 
 tered or stamped. 
 
 Article 36. Appeal may be taken from the decisions of the 
 tribunal for ascertaining damage caused by war to the council 
 of state on the ground of lack of jurisdiction, excess of power or 
 decision contrary to law. The appeal must be taken within two 
 months from the date on which the more diligent party is notified 
 of the decision by an officer of the court. The petition for appeal 
 shall be filed with the clerk of the tribunal for ascertaining dam- 
 age caused by war. 
 
 In case the proceedings are set aside the court shall designate 
 a tribunal to pass de novo upon the claim of indemnity. 
 
 Article 37. A proceeding for reparation of damages within 
 the purview of article 2 shall be barred by limitation two years 
 after signature of the treaty of peace except in case of vis major. 
 
 In case the commissions and the tribunal provided for by the 
 present statute are dissolved at the time when the action is 
 brought it shall be brought before the prefectural councU subject 
 to appeal to the council of state. 
 
 Article 38. The office of member of a tribunal for ascertain- 
 ing the damage caused by war shall be incompatible with that of 
 member of a cantonal commission, with the character of a claim- 
 ant within the jurisdiction of the tribunal and with the exercise 
 of an elective office. 
 
 39 
 
Article 39. Every person who by reason of his oflSce or pro- 
 fession is called upon to take part in the procedure provided for 
 by the present statute is bound to professional secrecy under the 
 provisions of article 378 of the penal code and punishable by the 
 penalties provided for by that article. [§378 of the French penal 
 code imposes a penalty of six months' imprisonment or a fine of 
 from 100 to 500 frs. in case members of professions or adminis- 
 trative officers reveal secrets confided to them in the course of 
 their office or profession.] 
 
 Article 40. Within a month from the promulgation of the 
 present statute the details of organization and the duties of 
 clerks before the cantonal commissions and the tribunals for as- 
 certaining damage caused by war shall be determined by a decree 
 rendered at the instance of the minister of justice and the minis- 
 ter of liberated regions. 
 
 Article 41. At the request of the claimant, within 15 days 
 the clerk of the cantonal commission or of the tribunal for ascer- 
 taining damage caused by war shall deliver to the claimant a 
 transcript of every decision in which he is concerned. This 
 transcript shall set forth the name of the claimant, the category 
 and nature of the damages, the amount of injury undergone, and 
 if there is occasion therefor, the amount corresponding to de- 
 preciation resulting from age and decay and of additional cost 
 of reconstruction or replacement. 
 
 Certificates that no appeal has been taken shall be delivered 
 under the same conditions by the clerks of the cantonal commis- 
 sions and the tribunals for ascertaining damage caused by war. 
 
 Article 42. During the progress of a proceeding for fixing 
 the indemnity for damages undergone by persons holding con- 
 cessions for public service from the state, from departments and 
 from communes, at the initiative of the authority granting the 
 concession, or of the concessionaries, modifications of the contract 
 of concession or the tariffs of charges may be made, particularly 
 in order to improve the conditions of the undertaking, saving the 
 rights and interests of concessionaries in case these modfications 
 impose burdens in excess of the original concession. In default 
 of an agreement within three months following the decision the 
 authority granting the concession shall have as of right a power 
 
 40 
 
of repurchase. The repurchase shall be exercised under the con- 
 ditions fixed by the tariff of charges if a tariff is provided, and 
 if not upon the testimony of experts based in every case upon the 
 results of the enterprise in the five years preceding 1914. In 
 case of repurchase the authority granting the concession shall be 
 subrogated as of right to all the rights of the concessionary under 
 the present law. 
 
 TITLE IV. Payment. 
 
 Article 43. When a final decision has been made upon the 
 subject of one or more of the categories of damages provided for 
 in article 2 or damages within the purview of article 15, each of 
 the transcripts delivered to the claimant under article 41 may 
 at his request be exchanged within two months, and under the 
 supervision of the minister of finance, for a bond in the amount 
 awarded for reparation of loss undergone. This bond is not ne- 
 gotiable ; advances may be made upon it under conditions to be 
 fixed by decisions of the minister of finance and the minister of 
 liberated regions; upon authorization setting forth the reasons, 
 given by the civil tribunal in banc with the advice of the state 's 
 attorney, it may be transferred in accordance with the provisions 
 of articles 1689 and following of the civil code, or pledged in ac- 
 cordance with the provisions of articles 2071 and following of the 
 civil code. [§1689 and following of the French civil code pro- 
 vide for assignment of choses in action by handing over the in- 
 strument by which the chose is evidenced and giving notice to 
 the debtor thereunder, or in the alternative by an assignment 
 drawn up before a notary. Articles 2971 ff. contain elaborate 
 provisions as to pledges.] 
 
 A claimant who resumes use under the conditions provided 
 for by articles 4 and 5 of the present statute, or who exercises 
 the power reserved to him by article 9 shall receive under the 
 same conditions a further bond indicating the amount of addi- 
 tional expense awarded to him. 
 
 A like additional bond shall be delivered for the excess of the 
 value of replacement over the amount of loss undergone in the 
 case of movables within the purview of sub-paragraphs 1 to 4 of 
 paragraph 4 of article 13. In case of movables within the pur- 
 view of the three first sub-paragraphs of said paragraph, delivery 
 
 41 
 
of the additional bond is subject to the condition of beginning 
 the undertaking. 
 
 The amounts corresponding to the depreciation resulting from 
 age and decay shown by a transcript of a final decision shall en- 
 title the claimant to a special instrument evidencing his right 
 to the advance provided for by paragraph 5 of article 5 of the 
 present statute. 
 
 In case of levies in kind, fines and contributions of war im- 
 posed by enemy authorities or enemy troops, a special bond shall 
 within two months be exchanged for a transcript of a final de- 
 cision and shall bear interest at 5 per cent, from the date of the 
 damage. Amounts due under this head shall be paid to the claim- 
 ant in specie on presentation of the bond. 
 
 Article 44. If the claimant resumes use of lands under the 
 conditions provided for by articles 4 and 5, or of movables, or if 
 he makes an undertaking before the cantonal commission or the 
 tribunal for ascertaining damage caused by war to proceed to 
 resume use or to rebuild, without making further proof, and 
 within two months from the date of delivery of the bond, he shall 
 have the right to a first instalment of 25 per cent, of the sum 
 allowed for damage undergone, which instalment shall not be 
 less than 3,000 frs. if the loss undergone is equal to or in excess 
 of this amount, nor more than 100,000 frs. unless he proves be- 
 fore the tribunal for ascertaining damage caused by war, by the 
 production of receipts, accounts, invoices, bills of lading, or ac- 
 cepted orders, a greater outlay or greater immediate need. 
 
 The payment of the amount of loss undergone shall be made 
 to him by successive instalments as fast as he proves work done 
 or purchases made under the conditions of the preceding para- 
 graph. Each payment shall be made within two months after 
 proof. When the payment of loss undergone has been fully 
 made the amount of additional cost shall be paid under the same 
 conditions upon presentation of the additional bond. 
 
 The same rule shall apply in case of the excess of cost of re- 
 placement over the amount of loss undergone with respect to 
 movables within the purview of sub-paragraphs 1 to 4 of para- 
 graph 4 of article 13. 
 
 The amounts allowed to the claimants for reparation of dam- 
 ages caused to movables within the purview of paragraph 2 of 
 
 42 
 
article 13 of the present statute shall be paid after payment of 
 all other sums due to the said claimant upon whatever account. 
 
 If after appropriation of the amount of additional expense 
 to the reconstruction of buildings or the resumption of an enter- 
 prise, the claimant exercises the power reserved to him by para- 
 graph 5 of article 5 the amount corresponding to depreciation 
 resulting from age and decay shall be paid to him on the pre- 
 sentation of his special bond from time to time as he produces 
 proofs of the work. 
 
 Without regard to the foregoing provisions and before any 
 appraisement of damage caused by war, injured persons may be 
 allowed advances to meet their urgent necessities, the conditions 
 whereof shall be fixed by agreement between the minister of lib- 
 erated regions and the minister of finance. 
 
 Article' 45. In case the claimant is entitled only to the 
 amount of loss undergone, if within two years he makes a declara- 
 tion before the cantonal commission or the tribunal for ascer- 
 taining damage caused by war of his intention to devote the in- 
 demnity to the improvement of land, to an agricultural, indus- 
 trial or commercial use, or to the exercise of a profession within 
 any part of the territory, the indemnity representing the loss 
 undergone shall be equalized and paid to him in successive in- 
 stalments upon proof of work done or purchases made. 
 
 Excepting the cases provided for by article 8, if the claimant 
 does not devote the indemnity to improvement of land or an agri- 
 cultural, industrial or commercial use, or the exercise of a pro- 
 fession, the payment shall be made in 10 equal annual payments, 
 the first instalment being payable 3 months after delivery of the 
 bond, and the following payments in successive periods of 12 
 months. 
 
 Abticle 46. With the consent of the claimant the state may 
 make redemption as follows: With respect to land, buildings 
 and fixtures, by giving another immovable of the same nature 
 and of the same value situated in the canton in which the damage 
 was done, or in a neighboring canton. 
 
 With respect to immovables by destination and movables used 
 for industrial, commercial, agricultural, professional or domestic 
 purposes by a similar chattel of the same value. 
 
 43 
 
With respect to other movables by the delivery of movables 
 of the same kind and the same value. 
 
 The state may also redeem in whole or in part by restoring 
 immovables or damaged movables at its own cost or by furnish- 
 ing the materials for such restoration. 
 
 It shall also have the power to acquire in whole or in part 
 damaged or destroyed immovables. In default of an agreement 
 the price shall be determined under the rules prescribed by the 
 preceding title for the appraisement of indemnity, taking ac- 
 count of the value of the land and all the elements provided for 
 in case of resumption of use if the vendor shall undertake to 
 comply with the precise conditions of article 5 of the present law. 
 The payment shall be made according to the facts of the case 
 in accordance with articles 44 and 45. 
 
 The state may acquire land after an attempt at agreement 
 with the owner of the land has been depreciated through the use 
 made of it and the cost of putting it into condition for use would 
 exceed its value taking account, if there is occasion, of the de- 
 preciation which would result to the remainder of the land in 
 case of a partial acquisition by the state. 
 
 In all cases and at any time the state shall have the power 
 to exercise its right of redemption by anticipation. 
 
 If the claimant is indebted to the state on any account what- 
 ever even for payment of contributions, the amount so due shall 
 at his request be applied upon the amount of his indemnity, and 
 this amount shall not be exacted from him before the amount 
 of indemnity has been determined. 
 
 Article 47. Sums due from the state for reparation of dam- 
 age undergone with the exception of sums due for damages done 
 to country houses and movables within the purview of paragraph 
 
 2 of article 13 shall bear interest at 5 per cent, per annum from 
 November 11, 1918, which shall be payable to the claimant quar- 
 terly in cash. 
 
 In all cases of damage done to stocks of merchandise, har- 
 vested crops, stocks of provisions and raw materials which are 
 not within the purview of paragraph 4, sub-paragraphs 1, 2 and 
 
 3 of article 13, interest shall begin to run six months after the 
 date of damage. 
 
 In case of damage done to stocks of merchandise, harvested 
 
 44 
 
crops, stocks of provisions and raw materials during the enemy 
 occupation, interest shall run from the date of the invasion. 
 
 Article 48. Payment of indemnities, interest and advances 
 shall be made directly by the state or under its guaranty. lu 
 case the state shall seek the co-operation of financial establish- 
 ments the agreements made shall be submitted to ratification by 
 Parliament. 
 
 TITLE V. Miscellaneous Provisions. 
 
 Article 49. In case of resumption of use and of reinvest- 
 ment, the right to indemnity may be assigned under the condi- 
 tions provided for by articles 1689 and following of the civil 
 code upon obtaining authority stating the grounds thereof from 
 the civil tribunal in banc after obtaining the opinion of the state '^ 
 attorney; the instruments evidencing the assignment shall be 
 exempt from all requirements of internal revenue and registra- 
 tion. 
 
 The same provision shall apply where the assignment is made 
 to an association for loans upon land or a co-operative associa- 
 tion or a building and loan association, where such association 
 assumes the expense of reconstruction or if the assignment is 
 made to a charitable society specially approved for this purpose 
 by the minister in charge of reconstruction of liberated regions. 
 
 If the persons entitled to indemnity have assigned their right 
 to an association for loans upon land or a co-operative association 
 or a building and loan association, the latter may agree with them 
 as to the advances necessary for reconstruction without being 
 obliged to prove a rental value of one-fifth of the amount loaned 
 or without being obliged to call for security by way of mortgage 
 and without requiring that the borrower insure his life. [The 
 French laws relating to loans by such associations require that 
 the loans shall not exceed one-fifth of the rental value and that 
 the loan be secured either by mortgage or by insurance upon the 
 borrower's life. See the statutes of April 12, 1906 and April 10, 
 1908. These may also be found in the French administrative 
 code.] 
 
 Article 50. If prior to the promulgation of the present 
 statute the claimant has sold land upon which a building was 
 
 45 
 
built, in case he undertakes to resume use he may sue before the 
 civil tribunal sitting in bank for rescission of the sale subject to 
 a charge for reimbursement to the purchaser of the purchase 
 price and the legal costs of the contract. 
 
 Article 51. The tribunal for ascertaining damage caused by 
 war shall have jurisdiction as a matter of state sovereignty and 
 without appeal even on its own motion and notwithstanding any 
 agreement to the contrary, to reduce the amounts charged to the 
 claimant by agents, professional men and experts whom he has 
 employed for the defence of his interests. 
 
 This reduction cannot be requested or adjudged by the trib- 
 unal on its own motion except within two years from the fixing 
 of the amount of indemnity. 
 
 Amounts paid under such circumstances may be recovered by 
 the claimant. 
 
 Article 52. The right to indemnity may be forfeited in 
 whole or in part at any time in the following cases : 
 
 1. Any person condemned after hearing or upon default 
 for crimes or offenses provided for by articles 204, 205, 206, 208, 
 238 and 239 of the code of military justice for the army, or arti- 
 cles 262, 263, 264, 265, 316 and 317 of the code of military jus- 
 tice for the navy. [These sections have to do with treason, espi- 
 onage and interfering with recruiting, enlistment and similar 
 offenses] ; 
 
 2. Any Frenchman or French subject who defaulted when 
 conscripted or deserted during the war. In this last case as well 
 as in the case of condemnation by default provided for in the 
 foregoing paragraph, the forfetiture of the right to indemnity 
 shall be set aside as a matter of right, if the defaulting conscript, 
 the deserter or the defaulter ultimately obtain a judgment of 
 acquittal for the crime or offense which entailed the forfeiture. 
 Neither running of the statute of limitations with respect to the 
 penalty nor running of the statute of limitations with respect to 
 the crime shall relieve claimants from this forfeiture. [In French 
 criminal procedure a Frenchman may be tried before a criminal 
 tribunal in his absence and if he absconds or remains in foreign 
 parts and defies French criminal justice a condemnation may be 
 pronounced "for contumacy." I have translated this "by de- 
 fault" which is as near to our mode of procedure as we can put 
 
 46 
 
it. We used to have something of the same sort in the outlawry 
 of the old law. Setting aside a judgment of outlawry would be 
 somewhat similar to the setting aside of the condemnation en- 
 tered upon default referred to in this section,] 
 
 Article 53. The right to indemnity may be forfeited at any 
 time in whole or in part in case : 
 
 1. The claimant shall use the money received as indemnity 
 contrary to the conditions of resumption of use under which it 
 was awarded ; 
 
 2. The claimant shall make an assignment thereof or con- 
 tract with respect thereto contrary to the provisions of article 
 1321 of the civil code. [Article 1321 of the civil code has to do 
 with what we call secret trusts and agreements in fraud of credi- 
 tors and third persons, where they modify or affect the terms of 
 recorded instruments.] 
 
 3. Any claimant who shall neglect to declare of his own 
 motion any indemnity which he may have received by reason of 
 insurance or shall intentionally make a false declaration. 
 
 In these three cases the sums of money paid over or received 
 may be recovered. 
 
 Article 54. The forfeiture provided for in articles 52 and 
 53 shall be adjudged by the ordinary courts at the instance of 
 the states attorney with the exception of the forfeiture provided 
 for by paragraph numbered 1 of article 53 which shall be ad- 
 judged by the tribunal for ascertaining damage caused by war 
 at the instance of a representative of the state. 
 
 Article 55. Where a person engaged in industry or com- 
 merce has reconstructed his establishment in whole or in part 
 according to the conditions provided for in Title II of the 
 present statute he shall be bound 15 days before beginning 
 re-operation to give notice thereof to the minister of labor 
 who shall deliver a receipt to him and take all expedient meas- 
 ures to bring this notice to the attention of laborers or employ- 
 ees whom the person engaged in industry or commerce formerly 
 employed. Within a month following the declaration the work- 
 men or employees may resume work in the order of their enroll- 
 ment and to the extent of the needs of the enterprise. 
 
 47 
 
Article 56. A right of priority in preference to all others 
 shall be given to injured persons for the purchase and transpor- 
 tation of materials and raw material as well as for the hiring of 
 labor which may be necessary to effectuate resumption of use. 
 This right of priority shall be regulated by a decree to be made 
 within a month after the promulgation of the present statute. 
 
 Article 57. Provisionally decisions already had by cantonal 
 commissions under the terms of articles 3 to 8 of the decree of 
 July 30, 1915 and by departmental commissions under the pro- 
 visions of Titles II and III of the same decree may be revised 
 and supplemented, if there is occasion, at the request of the pre- 
 fect or of claimants or of persons having rights thereunder in 
 order to bring them into accord with the provisions of the present 
 statute. In any case objections may be made to them before the 
 tribunal for ascertaining damage caused by war within 6 months 
 from the promulgation of the present statute. 
 
 Article 58. If associations have been organized for the pur- 
 pose of reconstructing establishments or destroyed buildings, in 
 case of non-resumption of use by any member to whom allowance 
 has been made, the amount of additional expense of reconstruc- 
 tion shall be paid to the association even without assignment from 
 the member, instead of to the common fund provided for in para- 
 graph 2 of article 7 of the present statute. 
 
 Article 59. The expense of re-survey, of determination of 
 boundaries, and if there is occasion, of re-recording made neces- 
 sary by the events of war shall be charged to the state. 
 
 Article 60. The expense of removing rubbish from land, of 
 searching for and removing unexploded projectiles, shall also be 
 at the expense of the state which can proceed to do these things 
 of its own motion under an agreement with the municipality 
 without the authority of owners. The state shall become owner 
 of the material removed. 
 
 The state shall be responsible for accidents due to the explo- 
 sion of unexploded projectiles. 
 
 Article 61. The cost of drawing up plans for street and 
 building lines and levels with respect to public ways of all sorts 
 which may require to be straightened in view of the reconstruc- 
 
 48 
 
tion of buildings destroyed in communes or parts of communes 
 injured by the events of war shall be a charge upon the state. 
 
 Subventions entered upon the budget of the minister charged 
 with reconstruction of liberated regions may be granted to con- 
 munes by the minister in order to cover the expense of immediate 
 application of plans of street and building lines and levels so far 
 as has to do with public ways with respect to which the ownership 
 of the soil belongs to the commune, and to the department with 
 respect to departmental highways. 
 
 These subventions shall be particularly applicable for ac- 
 quisition of unimproved land or of buildings in an actual condi- 
 tion of ruin or decay, or seriously damaged, which are within the 
 street and building lines. The price of acquisition of these lands 
 and buildings in default of agreement shall be fixed by a jury 
 composed of four jurors under the conditions fixed by article 16 
 of the statute of May 21, 1836, no matter what the character of 
 the public way in which these lands and buildings are to be in- 
 corporated may happen to be. 
 
 Interest upon the foregoing subventions shall be determined 
 in accordance with a table to be fixed by a decree countersigned 
 by the minister of finance and the minister of liberated regions. 
 
 Article 62. Expense resulting from improvements in 
 groups of buildings required by public hygiene under the regu- 
 lations of public administration provided for by article 5 shall 
 be a charge upon the state. 
 
 Article 63, Sums remaining due from communes in France 
 upon loans contracted by them to meet the events of previous 
 wars shall be taken over by the state from the date of the promul- 
 gation of the present law. 
 
 Article 64. A special statute shall regulate rights and obli- 
 gations resulting from losses of buildings destroyed by the events 
 of war as well as fortified places or localities the inhabitants of 
 which evacuated them under military order. 
 
 Article 65. A special statute shall regulate the conditions 
 under which there shall be a right to reparation of damages oc- 
 casioned to commercial capital. 
 
 Article 66. A special statute shall determine the conditions 
 
 49 
 
in which the right to reparation shall be exercised in the follow- 
 ing cases : 
 
 1. Damages to the person resulting from the events of war ; 
 damages to person or property because of accidents taking place : 
 
 (a) in state arsenals, munition factories and stores of munitions; 
 
 (b) in private factories while doing work for the national defence 
 when reparation cannot be obtained by recourse to the general 
 law. The state shall be subrogated to the rights, actions and 
 liens of the victim of the damage in order to recover advances 
 which it may have made to him in order to meet his very urgent 
 needs. 
 
 Article 67. For three years following the cessation of hos- 
 tilities the inhabitants of regions affected by the events of war 
 who prepare in their homes places capable of being let or sublet 
 furnished to transient visitors shall be entitled in each commune 
 to form a legal association under the provisions of the law of 
 March 21, 1884. [The law of March 21, 1884 allows associations 
 of employers, workmen or professional men to be made for the 
 purpose of protecting interests of their trade, business or profes- 
 sion. As it were, it exempts them from the operation of what 
 we should call anti-trust laws and laws against restraint of trade.] 
 
 The lodgings offered for letting or subletting shall conform 
 to conditions prescribed by the departmental commission of hy- 
 giene and shall be subject to its control. 
 
 The list of these lodgings with the terms approved by the na- 
 tional bureau of tourists shall be put at the disposition of all 
 inquirers in the office of the Mayor. 
 
 Article 68. The present statute shall apply to colonies and 
 protectorates. A regulation of public administration shall de- 
 termine the conditions of this applicaton. 
 
 Indemnities awarded for reparation of damage caused by the 
 events of war in the colonies shall be charged upon credits to be 
 opened in the general budget of the state. 
 
 Article 69. The first paragraph of article 4 of the statute 
 of July 5, 1917 with respect to proof of the condition of places 
 with respect to which claim for reparation of damages caused 
 by war may be asserted is amended by adding thereto the fol- 
 lowing : 
 
"Whenever a state expert has been appointed by the prefect 
 under the conditions set forth in the first article, the report of 
 inspection and the official description of the locus shall be filed 
 in the office of the prefect. He shall deliver a receipt therefor. ' ' 
 
 Article 70. The decrees of 4 February, 1915 modified by the 
 decrees of the 8th and 27th April, 1915, of 24th March 1915 
 modified by the decree of 22 April, 1915, and of 20th July, 1915 
 as well as all other provisions contrary to the present statute are 
 and shall remain repealed. 
 
 51 
 
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