FORESTRY IN GERMANY. I07 



f. Employers may be made answerable for the trespass of persons in their employ when the 

 trespass is done during or by means of an occasion in which the workman has been commis- 

 sioned to do something for his employer. All the foregoing under the condition that they be 

 exempt upon submitting proof that they could not have hindered the trespass, excepting as pro- 

 vided in sections 1 70 and 1 74. 



Sec. 155- It belongs to the civil courts to pass upon the liability to arrest of the persons 

 enumerated in the preceding paragraph. 



Only if said persons are fined, according to section 171, for deception, cheating, &c., then 

 must the civil judge decide how far said persons are answerable for a fine, to repair injury and 

 pay the costs. 



Sec. 156- The arrest for trespass mitst take place within a year after the trespass has been 

 committed, reserving, however, to the person damped the right to sue for damages at any time 

 before the civil courts. 



A ca.se for trespass falls through if in three years the case cannot be settled fully, even 

 though the trespasser be arrested within a year after committing the tresspass, with exception, 

 however, that all questions for which the trespasser is answerable at the civil courts can be brought 

 before such courts even after the three years are up. 



Sec. 157. The punishments decreed against trespassers are of no effect after two years 

 from the day of sentence, even though the trespasser renders the payment of penalty impossi- 

 ble by flight. 



INDIVIDUAL TRESPASS AND DEGREES OF PUNISHMENT. 



Sec. 158. Any person who commits a trespass by stealing wood or other forest products, 

 must, (a) pay the worth of the stolen goods so far as they cannot be restored ; [li) and must 

 pay all damages, &c. To define the worth referred to, the forest officials, with the consent of 

 the higher officials, will declare the worth, basing it upon the local market price value of the 

 stuff stolen, exclusive of costs of pihng, preparing, transporting, and shall issue said tariffs 

 every five years, and shall announce the same in the public press of the district. The decrees 

 concerning further damages are to be found in sections 161-166. 



Sec. 159. The trespass shall be regarded as fully completed in the case of standing wood 

 just as soon as the trespasser has felled or rooted up a tree, even though he has not yet appropri- 

 ated the wood to his own use ; also, when by " wounding a tree " it dies ftiust the punishment 

 be in full just the same as if the wood had been removed. 



Sec. 1 60. For the purpose of determining how much wood has been taken, in case of a 

 trespass, the forester will use the tables approved and established for such purposes. 



As regards the removing of standing wood the measure will be taken as laid down in sec- 

 tion 19, although the trespasser should cut much higher up. If the tree has been rooted up 

 then the trespasser will have to pay for a tree as large as the forester and forest officials shall 

 determine that the one taken measured. The length of the tree will be determined by the 

 forest authorities where exact measure is not at hand. 



Sec. 161. In cases of stealing wood, besides the value of the wood, the following expenses 

 must be added : 



1. For taking standing-pole trees and other trees in forests of low trees : (a) For a tree 

 under 3 inches diameter, double the worth of the tree; {li) for a tree from 3 to 6 inches, three 

 times the value ; [c) for a tree more than 6 inches, four times the value. 



2. For taking seed trees in high-tree forests without regard to thickness : («) Where the 

 trees have been taken from beds under treatment or the nursery, the single value of the tree 

 must be paid ; (b) in other cases double the value must be paid. 



3. Without regard to the kind of trees, besides the value of the tree, the following : (a) For 

 cutting down a tree in a tree range or promenade (a//,??), three times the value; in a tree 

 nursery school (batim schnlc), three times the value; {b") in all nursery beds of young trees, 

 twice the value must be paid. 



