Io8 FORESTRY IN GERMANY. 



4. For digging out stem- wood trees or in fresh sown reserves, double value must be paid, 

 and in low-treed forest for digging out young stem-wood trees, four times the value must be paid. 



Sec. 162. In cases where leaves, needles, moss, heath or forest wood, broom, reeds or other 

 kinds of straw, or acorns, or beachnuts and other wood seed are taken out of those districts 

 where to gather such is forbidden by the forest 'officials, a double value must be paid; and also 

 when iron rakes have been used, reserving the rules in section 176, allowing a special punish- 

 ment when persons commit a trespass against section 45, by taking the nuts, &c., from the trees, 

 or when they do not again scatter leaves which have been raked together. 



Sec. 163. When a person takes away pitch, after making the " taps " himself, or when he 

 gathers it in the time or during the time when to gather is forbidden byjsection 50, then he must 

 pay the full worth of the pitch as extra damage. 



Sec. 164. 4i'or tearing off leaves for fodder or gathering grasses in forest where to do such, 

 during a certain time, is forbidden (and indicated as is usual by tieing wisps of straw to the 

 trees), the trespasser will be compelled to pay a tax of 45 kreutzers C33 cents) for every crate 

 full carried away, and in taking said leaves and grasses from other parts of the forest shall pay 

 1 5 kreutzers (11 cents) a crate. If the trespasser uses sharp tools in gathering such things he 

 must pay double ; for gathering buds or mistletoe he must pay 8 kreutzers (6 cents) per crate, 

 and in all cases except where, for using spurs for climbing, he falls under section 175. 



Sec. 165, In cases where (earth) Io»n, iron, ore, clay, gyps, sand, gravel, stone, mushrooms, 

 turf or sods are taken from the woods the trespasser must pay, beside the actual worth of the 

 thing or things taken, the damages done to the woods by his trespass in fiiU. 



Sec. 166. For stripping the bark from standing trees and for the harm done the tree (see 

 section 175) a special punishment is declared, unless the taking of the whole tree was 

 intended, for which case see section 159. 



Sec. 167. Aggravating circumstapces which affect the stealing of wood are: 



a. The partial or complete outward changing of the article stolen or the preparing of the 

 same for sale. 



b. The using of a saw instead of an axe in felling a tree, or for using means to deaden the 

 noise of the axe stroke or the grating of the saw. The existence of the foregoing aggravating 

 circumstances or the union of these with any of those mentioned in section 149 gives the judge 

 power to double the punishment. 



Sec. i68. Punislunent in the workhouse for from three months to a year will be pronounced 

 in the following cases : 



u. When a. single trespass, or when in the case of one and the same person within a full 

 active period of two months (see section 202) ; a series of trespasses along with the damages to 

 be paid for stolen products (section 158, a) with the further payment of half (section 158, b) the 

 damages (compare with sections 161-166, a) amounts to 80 gulden (jS6o) or more. 



b. When those persons who have relapsed at least three times and have in one of these tres- 

 passes entirely or partly changed the stolen wood or prepared it for sale (section 167, a). 



i . Continued relapsing into trespassing. 



Sec. 169. a. Those persons will be regarded as confirmed trespassers who have huiee 

 relapsed, under the condition that in each case of trespass the party has entirely or partially 

 changed the outside appearance of the wood with a view to deceiving or has prepared it for sale. 



b. Those persons will be regarded as confirmed trespassers who have relapsed three times, 

 and in one of the cases of trespass changed the outward appearance of the wood or prepared it 

 for sale. 



L. Those persons shall be regarded as confirmed trespassers who have, within a period of 

 two years, relapsed at least six times. All {a-c) with and under the condition that the trespass, 

 especially those in one and the same active period (see section 202) taken together, the first as 

 well as the last relapse, were punished by fine, &c., of 3 gulden (JS2.25), at least. This fine of 

 3 guldens to be composed of payments either on stolen wood, exclusive of rubbish wood, stolen 

 pitch or bark, and also damages assessed according to section 173, c, for pasturing by night, 

 and the half assessed for damages by section 1 74. 



