PROSECUTIONS 2OI 



ART. 1 60. If, in case of reparation for an offence or misde- 

 meanour, the accused pleads a property right or other real 

 right, the tribunal before which the case is presented shall 

 deliver judgment in this matter, according to the following 

 rules: 



The aforesaid exception can only be admitted, if it be founded 

 on some manifest title deeds, or rights, either on the facts of 

 actual possession or their equivalent by the accused or his 

 predecessors, and precisely enumerated by him, and if in the 

 case where they shall be admitted by a competent authority, 

 the deed produced and the facts enumerated shall be of a nature 

 to remove from the case which serves as a basis to the prose- 

 cution, all character of misdemeanour or offence. 



If the case is sent to the civil courts, the sentence shall be 

 delayed for a brief period, during which the party who has 

 raised the aforesaid question, shall lay it before competent 

 judges of the case and justify his suit; if not, judgment shall 

 be pronounced. 



However, in case of conviction, there shall be a delay of 

 execution as regards imprisonment, if this sentence has been 

 pronounced, and the sum total of fines, restitutions, and 

 damages shall be paid into the government bank of deposits, 

 to be handed over to whomsoever the court shall order, who 

 shall pass judgment on the question of these rights. 



ART. 163. Actions in reparation of misdemeanours and 

 offences, connected with forest matters, are enjoined for six 

 months, to count from the day when the misdemeanours and 

 offences have been verified, without prejudice (with regard to 

 purchasers and contractors) to the provisions set forth in Arts. 

 48, 49, 51, 52, and 73 of the present law. 



ART. 164. Actions having to do with the denudation of wood 

 and brush, undertaken contrary to the provisions prescribed 

 in Art. 98, are enjoined for two years, to date from the period 

 when the clearing has been effected. 



ART. 165. The provisions of Art. 163 are not applicable to 

 offences, misdemeanours, and malpractices committed by Waters 

 and Forests officers or employees in the exercise of their office; 



