I06 FORESTRY IN GERMANY. 



much as all the incriminating circumstances affect said person or as they operated through him 

 in carrying out the act of trespass. 



Sec. 148. Those persons possessing "rights" are liable to precisely the same punishment 

 as other parties when they trespass the regulations of the forest laws. 



Sec. 149. The following are to be regarded as aggravating circumstances: 



a. The relapse one or more times in a year to trespass, or the practice of thievery in the 

 woods after having been punished before the courts for either. 



b. A trespass before sunrise or after sunset, or on trespass days (days when the forest 

 authorities have meeting, &c.,) or on Sundays and holidays. 



c. The perpetration of a trespass or thievery through a wood-chopper, a wood-piler, a char- 

 coal-burner, a pitch-burner, or such other person employed in the forest. 



d. The carrying of weapons when trespassing. 



d-. The disguising of the person when about to commit a trespass. 



f. A refusal of the trespasser to give his name or residence or the giving of false ones. 



g. The refusal to cease from following wounded animals or the refusal to leave such when 

 found with them, refusal to leave weapons, implements, &c. 



h. The refusal to follow the forest officer when declared by such to be under arrest. Libel- 

 ing, threatening, or actual hindering of an officer in the performance of his duties will not come 

 before the trespass court, but shall be punished in the general courts after the manner prescribed 

 for the punishment of such offenses when practiced against any public officer. 



Sec. 150. The existence or presence of any of the aggravating circumstances mentioned 

 under paragraphs a, b, c and i/gives the judge the right to double the ordinary punishment fixed 

 by law. Concerning those enumerated as aggravating circumstances under e,f,g and h the 

 increase of the ordinary punishment must not be more than one-quarter incr&ased, and in no 

 case more than 5 gulden ($3.7S)> or ^n equivalent labor or imprisonment punishment. 



Sec. 151. Children can only be imprisoned except in the cases where, according to para- 

 graph 1 70, the parents are made answerable, and children shall only receive one-half the 

 ordinary punishment prescribed by law for children under 14 years. No aggravating circum- 

 stances and paragraph 147 shall in no way affect a sentence on children under 14 years, nor 

 shall such child be punished in any case longer than eight days. The parents of a child put 

 in jail have the privilege of sending some one to stay near the child during the time of punish- 

 ment. 



There shall be absolutely no punishment of children under 7 j^ears. 



Sec. 152. The costs of trials must be borne by the treasury of the forest department. 



When in cases of appeal from a decision of the trespass court persons are adjudged guilty 

 such persons must then bear all the costs. 



Sec. 153. In a sentence in which the court declares punishment, must be included the 

 indemnity to the forest owner, said owner reserving still, however, the right to seek damages in 

 the common courts. 



In case the trespass court does not allow him large enough indemnity he can still appeal to 

 the common courts, and should these grant him more the punishment pronounced against the 

 trespasser by the trespass court remains as pronounced. 



Sec. 154. The following are liable to arrest for fines, injuries, and costs: 



u.. A husband for the trespass of his wife, if she is living with him. 



b. The father, and he being dead the mother, for the trespass of a son not of age, or of any 

 children not of age. 



t. The guardian, in regard to a trespass of the person over whom he is guardian, and in 

 general all persons who have the care of children can be held answerable for the children's 

 trespass. 



d. Persons employing servants can be made to answer for trespass of the servants, whom 

 they keep'in their employ and who reside with them. 



f. Teachers and trade masters can be held responsible for the trespass of the pupils or 

 apprentices who are placed under their charge. 



