164 THE USE BOOK. 



Supervisors will report all cases of trespass to the Forester, 

 on Form 856, setting forth the damage done or threatened, in- 

 cluding the actual expense incurred in investigating the tres- 

 pass. If the trespass is committed under color of a claim, re- 

 port should at the same time be made upon the claim, using 

 the proper form. If an offer of settlement is not made or is 

 not accepted, and the damage seems sufficient to warrant a 

 recommendation by the supervisor that civil action be brought, 

 the Department of Justice will be requested by the Forester to 

 institute suit against the trespasser. Thereafter the supervisor 

 will do all in his power to collect evidence for and assist the 

 district attorney in the prosecution of the suit, and promptly 

 inform the Forester of each step in the case. Forest officers 

 may administer oaths in securing testimony. 



Injunction. When facts reported by a Forest officer 

 make it advisable, the Forester will seek an injunction 

 to restrain trespass on National Forests. 



Damages. Civil action may be brought to recover 

 damages caused by any trespass or breach of contract, 

 in addition to criminal action. 



Compromise. -The Secretary of Agriculture has no 

 power to compromise criminal cases, and a proposition 

 of settlement, submitted with the understanding that if 

 accepted criminal proceedings for the trespass will be 

 waived, will be rejected. 



Settlement. The Secretary of Agriculture has power 

 to settle with any trespasser for the actual civil dam- 

 ages. 



Forest officers will notify trespassers that they may make,' 

 upon Form 653, offers of settlement to accompany the tres- 

 pass reports, but no such offer will be considered unless the 

 amount offered in settlement is remitted by postal or express 

 money order or national-bank draft on New York to the Fiscal 

 Agent, Forest Service, Washington, D. C. (Reg. 75.) 



