I04 FORESTRY IN GERMANY. 



Sec. 128. A person having a right to the nuts and acorns for his swine cannot change that 

 into some other right, nor will he be allowed to gather up and take away the nuts and acorns. 



Sec. 129. A person having the right to gather acorns and beachnuts in strange forests can 

 gather the same after the fattening time is over or almost over, gathering only so much, 

 however, as he needs for his own uses. 



CONCERNING RIGHTS TO GATHER PITCH OR MAKE TAR. 



Sec. 130. The right to gather pitch or to make tar in strange forests arranges itself simply 

 in accordance with the right as laid down in the title to right. 



CONCERNING THE RIGHT TO GATHER MUSHROOMS. 



Sec. 131. A person having the right to gather mushrooms is allowed to gather them at any 

 and all times, and is allowed the privilege of one or more dogs to help in finding them (section 

 54). 



PERSONS HAVING RIGHT OF WAY, ETC. 



Sec. 132. Any one having the right to the use of acorns, beachnuts, grass, leaves, straw, to 

 the gathering of pitch, &c., has the right of way to the places where such are to be gathered. 



Persons having right to use of the woods, right to drive swine, or to drive cattle to water, 

 possess also the right of way. 



Sec 133. The footpaths shall be 3 feet wide, and the drive ways, exclusive of the gutters, 

 must be from 1 2 to 15 feet according to circumstances, and the branches must be cut away to 

 12 feet from the ground. The cattle ways shall be from 1 6 to 20 feet wide. 



■ CONCERNING A CHANGE OF, OR GIVING UP, OF A RIGHT TO USE TO, A FOREST, ETC. 



Sec. 134. An owner of a forest can remove the burden of " rights'' from his land by asking 

 a person having such right to give up the same and accept a part of the property in exchange, 

 provided the party accepts and the transfer is legally made. The part of the woods granted 

 to the person having a "right" must not, unless said person is willing to accept such, consist 

 of different pieces separated from each other ; and as far as possible the piece of forest awarded 

 to the person having a right must be sufficient to guarantee the person accepting it and giving 

 up his right to as much wood, &c., as he formerly enjoyed. The decision of such cases, where 

 an agreement cannot be arrived at, may be made by the courts. 



Sec. 135. A forest owner can also demand of persons having right to pasture, to leaves, tp 

 straw, to mast, to fatten cattle, to gather nuts, &c., to gather pitch, make tar, gather mush- 

 rooms, to give up such right, &c., except in such cases where the maintenance of hfe of a per- 

 son having a right would not be endangered or essentially injured. 



Sec. 136.- If the changes spoken of or referred to in the last preceding paragraph are allowed 

 at the 4epartment of state all further arrangements of the matter are to be made in the courts. 



CONCERNING FOREST TRESPASS AND PUNISHMENT IN GENERAL. 



Sec. 137. The punishments for forest trespass, the taking away unlawfully of forest products, 

 the harming, injuring of trees, &c., or any violations of the forest laws will be as follows : 



a. Money fines which cannot be paid nor obtained can be changed into labor or public works, 

 and in case no occasion offers for such can then be changed into imprisonment, b. Into pun- 

 ishment in the workhouse or house of correction. 



The punishment shall never be less than 15 kreutzers (11 cents) equivalent to a half day's 

 public labor, even when, in accordance with the ordinance, a smaller fine or punishment would 

 be necessary. 



A fine of 30 kreutzers (22 cents) can be changed into one day's labor on the public works 

 or imprisonment. A fine or a part of a fine from 10 to 30 kreutzers (8 to 22 cents) or a half 



