THE USE BOOK. 163 



Form 856, and when danger of removal or destruction is immi- 

 nent, will seize all timber and other Government property wrong- 

 fully taken, and, if necessary, arrest the offender. 



The right of seizure, or, more correctly speaking, of recap- 

 tion, is the right of a person to retake his property in a peace- 

 able manner wherever he finds it. Since the United States has 

 the same common-law rights and remedies as a private indi- 

 vidual, it follows that the Government and its agents have 

 the same right of recaption as an individual. Forest officers 

 may, without special instructions, seize timber and other Na- 

 tional Forest property wherever found, even though found upon 

 patented land, whenever it can be done peaceably and is neces- 

 sary to prevent its being sold or destroyed. When a civil suit 

 has been instituted and a case is in the hands of the Department 

 of. Justice, Forest officers should make seizures only under in 

 structions of the Forester, except in cases in which an immediate 

 seizure is necessary to protect the Government from loss. In 

 general, no seizure should be made while civil suit is pending, 

 fSee the I'nited States, having the choice of recaption or suit 

 in the courts of law, has chosen the latter. 



Timber may be seized, although manufactured into lumber 

 and in the hands of an innocent purchaser. 



I.uildings and other improvements upon Government or pat- 

 ented land, erected from timber cut in trespass from Govern- 

 ment hind, should not be seized, unless by instruction of the 

 Forester, since, in a permanent improvement of this nature, 

 there is no need of immediate action until the full facts have 

 been investigated. 



Timber and other property which does not belong to the Gov- 

 ernment should not be seized, whether upon patented or upon 

 Government land. The only exception to this rule is where a 

 trespasser wrongfully mingles timber and other property of the 

 GoTerhment with that of his own, in which case either the whole 

 property may be seized, and held until the amount taken from 

 Government land is ascertained, or if the amount taken from 

 Government land is known, the Forest Officer may seize an 

 equal amount of the combined property. 



