The regulations, determining the mode of enjoyment, vary in different communities; the general principles are these. On the Alp , as we have seen, every one may send the cattle, which he has supported through the winter on his private property. Ifthe alp is limited in extent, every one's right is reduced proportionally. In the spring general assembly, before the herds go upto the mountain-pastures, every commoner declares on oath the number of cattle he has kept through the winter. All fraud isprecluded, because the experts know exactly how many every one can manage to support. The slightest attempt at fraud ispunished by a heavy fine or by suspension of the right of common. At Giswvyl and Sachseln the alps are assigned by lotamong the commoners. At Alpnach, a rotation has been established, so that the herds of all pass successively, year by year,over each alp. In many villages, in order to restore greater equality, they have, for some time past, imposed a tax on eachhead of large cattle, the amount of which is distributed among those who have no cattle.
When the forests were extensive and the population slight, every one took what wood he pleased: but now there are verystringent regulations determining the mode of use. Certain forests are placed under "ban," Bannwaelder , either because theypreserve the valley and villages from avalanches, like the one which rises to the east of Altorf; or else, because they must beleft for some time, to allow of their growing again. In the forests that are worked, Scheitwaelder , juries fix the annualcutting. Parcels are then formed, in proportion to the rights of each class of commoner. Lots are drawn for these parcels,and every one cuts and carries his own share, or else the communal administration delivers it at the dwelling. In somecommunities, as for example Uri, the firewood and timber are distributed according to the wants of the members. Elsewhereevery one receives an equal part of the firewood; but the timber is necessarily allotted according to the requirements of thedwelling-house and out-buildings of each family. The necessary quantity is, however, determined by juries: any extra supplyhas to be paid for at market value. The sale of the wood from the communal forest outside the community is strictlyforbidden; and this prohibition extends even to timber derived from demolitions.
The right of common in the Allmends of the plain is regulated according to different principles from those in force for theforest and alp. The pasturage in the neighbourhood of the village was set apart for the maintenance of the cattle in autumn,when they returned from the heights; or of the few milking cows kept near home to supply the milk for daily consumption.
Gradually the custom sprang up of allowing every family of commoners, whether they had private property or not, to turnone or two cows on to the Allmend , or even to let it to another for this purpose. At Kerns, in Unterwalden, the rule of 1672entitled every commoner to send two cows on to the Allmend ; but, by 1766, the population had so increased that they couldonly send one. If any one sent a second he paid a florin ; and members, who had no cow, were entitled to 100 toises ofcultivable land. In 1826, the tax was put on all cows. In 1851 it was fixed at 7 francs, and the produce was divided amongthose who had no cow. -- At Sachseln every member is still allowed to turn two cows on to the Allmend . All, who do notuse the alp, receive an indemnity , Allmendkrone , and a tax of 3 florins is imposed on every head of large cattle. (3) This is agreat benefit to the poorer class, who have no stock to send on to the alp. The right is by this means made more and more apersonal right: it is even transformed into a money rent for such as prefer it or cannot profit by the right of user in kind.
In order to give each family the means of obtaining, by its direct labour, a portion of its vegetable food, the custom haseverywhere grown up, of devoting the Allmend in the immediate neighbourhood of the village to cultivation. It is dividedinto a large number of small parcels, five or six of which are united to form a lot, or else it is divided at once into as manylots as there are commoners. The shares so formed are distributed by lot. The occupier holds them for ten, fifteen or twentyyears; -- or sometimes for life. At the expiration of each period, all returns to the common stock, and a new distribution bylot is carried out. On the death of a commoner, if his son or widow has the right of common, either of them may retain theparcel until the new allotment. As every new household that is formed is entitled to claim a share, and as the shares fallingvacant by the death of the holders may be insufficient, some reserve lots are kept for disposal, which are let in themeanwhile. Every member is entitled to an equal share, which he may cultivate as he likes, or even let to others, providedthey be commoners. He may plant fruit trees on it; and, in certain communes such as Wolfenschiessen, he is even compelledto do so under pain of fine.
