TRESPASS. 13 



to prevent the Government property from being sold, destroyed, or 

 removed beyond recovery. 



If the case has proceeded to suit and is in the hands of the Depart- 

 ment of Justice, seizure will be made only under instructions from 

 the United States attorney handling the case. Any developments 

 in such a case which render immediate seizure necessary to prevent 

 loss to the Government should be reported by wire to the district 

 office. 



Timber cut in trespass may be seized, although manufactured into 

 lumber and in the hands of an innocent purchaser 



When seizures an( j U p On patented land. It is within the right of 

 the United States to seize buildings or other im- 

 provements, either on Government or patented land, when such 

 improvements are constructed wholly or in part from timber cut 

 in trespass ; but this drastic action will be taken only as a last resort 

 to save the United States from loss and then only on definite 

 instruction from the district forester. 



Where a trespasser wrongfully mingles Government timber or 



M'x d timb - l um b er with his own, either the whole mass may be 



' seized and held until the amount lawfully owned by 



the claimant is proved by him, or, if the amount taken from the 



Government land is known, an equal amount of the commingled 



mass may be seized. 



The Forest officer making a seizure will post notices of seizure on 

 the material seized in sufficient numbers to identify 



^m"? ' i reS " unrrns t a kably all material covered by the seizure. 

 The trespasser and any witnesses to the act should 

 be notified of its significance and warned against the removal of the 

 property under seizure. 



Material seized will not be stamped "U. S." until the case is settled 



Release from and the material released, when the seizure notices 

 seizure. will be removed and the material stamped. 



When timber trespass has been committed, the Forest officer dis- 



Re rt covering it will submit to the supervisor a complete 



report, including the time when the timber was cut, 

 in accordance with the outline on Form 856. Each case should be 

 prepared with as much care as if it were to result in a suit. Hearsay 

 is not evidence and all available witnesses should be interviewed 

 and their sworn statements obtained. If the trespass is committed 

 under color of a claim, report should be made at the same time upon 

 the claim, using the outline on Form 654 or 655. 



After receipt of report by the supervisor, the procedure will be in 



Procedure accordance with the instructions under ' ' Settlement of 



trespass cases." In the district forester's or Forester's 

 office timber trespass cases will be handled by the office or branch of 

 silviculture. 



After settlement the case will be closed upon the assurance by the 



supervisor that the area cut over is in a satisfactory 



befoV S e c S losure laSh condition. Forest officers should watch this carefully 



and should insist on a proper disposal of slash 



from the cutting area. The trespasser should understand clearly 



what will be required of him in this respect and upon completing the 



work, the Forest officer should inspect the area, make sure that all 



