FORESTRY IN GERMANY. IO5 



day's labor on the public works ; less than 10 kreutzers will not count, and over 30 will be 

 classed at one day's labor on the public works. 



Sec. 139. Public work embraces all ordinary labor that can be performed under the eyes 

 of the public, namely, work in the forests, on the rivers, brooks, dams, mines, quarries, streets, 

 and open ways of all kinds, bridges, gutters and crosswalks. The treasury department belong- 

 ing to the forest department can direct the business of the fines directly or in union with others 

 and draw in the money paid. 



When the cashier of the forest court has not time to see that the punishment decreed by the 

 court is carried out, then can the judge determine where the work shall be performed, &c. 



The judge will always take care, when possible, to direct that the work be performed for 

 the village, corporation or other forest owner in whose forest or wood the trespass has been 

 committed. 



A certain amount of work can be assigned to a certain number of days, and when, by con- 

 tinued application td his task, a person condemned to labor performs the work in less days than 

 the number assigned, he may be, he must be set at liberty. 



Sec. 140. No one shall be made to perform work at a distance so far from his home that 

 more than three hours will be required to walk there, not even when work fails in his own 

 district and he is compelled to labor in a neighboring district. 



Sec. 141. The superintendence of the punishment will be carried out by the same one 

 appointed by the forest authorities and the expenses of the same will be borne by the forest 

 treasury. 



The prisoner, laboring at pviblic labor, receives for his food, at the expense of the state, 



I J pounds of bread per day. The public labor must be performed within the regular hours 



of general labor, an allowance of time being given for the prisoner to go to and from his 



home. 



Sec. 142. If the person condemned to labor fails to appear or works lazily his punishment 



can be changed immediately into imprisonment, and in cases where the prisoner shows stub- ■ 



bornness the court can add from one to eight days. 



Sec. 143. Foreigners, who trespass, will not be allowed to have public labor, nor a citizen 

 who is over 65 years old unless they prefer public labor to imprisonment. 



No man must be punished when the district physician declares him physically unfit to 

 bear it. The appointment of a substitute to bear the punishment is not allowed except in 

 cases where the fine cannot be paid and public work or imprisonment is substituted a husband 

 can take the place of his wife or a full-grown young man can take the place of his widowed 

 mother. 



Sec. 144. Trespass which, according to the preceding paragraph, cannot be changed into 

 public, work must be punished by imprisonment, as must all sentences where the money can- 

 not be paid and no occasion offers for public work. 



Sec. 145! The punishment in prison can be sharpened by hunger or solitary confinement 

 in darkness. Solitary confinement in the darkness shall never last more than 48 hours and 

 shall not be repeated until 48 hours have passed before each period of confinement. Punish- 

 ment on bread and water, or on bread and thin soup, shall be practised only every other 

 day. One day of solitary Confinement is equivalent to four days, and one day on bread and 

 water to two days' simple imprisonment. 



Sec. 146. No matter how high the fine for a single or a series of trespassed may be the 

 change to prison punishment, or to labor on the public works, can never exceed two months. 

 In case the amount of the fine would call for a longer punishment than two months, impris- 

 onment may be sharpened as prescribed in paragragh 145. Then again a sentence of less 

 than two months' imprisonment can be lessened by sharpened punishment, upon the request 

 of the prisoner. 



Sec. 147. In cases where one or more persons combine and carry out an act of trespass 

 each shall suffer in himself the same punishment as if he had committed the trespass alone. 

 Increased punishment because of more incriminating circumstances affect each person inas- 



