FORESTRY IN GERMANY. IO9 



Sec. 170. Children under 14 years old shall in no way be punished for stealing from the 

 woods ; but the parentf , if the children live at home, the father if living, if not the mother, and 

 when the children do not live with their parents the guardians, must not only pay the fines' 

 costs, damages, &c., but will be pimished for neglecting to watch the children, and the punish- 

 ment may be just as great as if the parents or guardians committed the trespass in person, only 

 no aggravating circumstances will be added or considered, nor will a trespass of a child for 

 which the parents must answer be affected by the law in the preceding two paragraphs. 



Sec. 171. The person who receives, buys, sells, &c., products stolen from the forests, when 

 he knows they are such, or has a very good reason for believing them to be such, or suffers such 

 to remain in his house, or helps to hide such, or who does not, without delay, report such things 

 to the inayor or forest officials, will be punished even to as great an extent as if he had stolen 

 or hidden the things himself, and he can be held responsible to pay all assessed damages and 

 injuries. In enacting a punishment against such a person, further damages than those just 

 mentioned shall not be assessed, nor shall exaggravating circumstances which would affect the 

 trespasser himself affect said person who conceals, &c. 



Sec. 172. The stealing of prepared, piled or wood prepared for transport, or stealing of 

 forest products already gathered, if they were not gathered or prepared by the trespasser him- 

 self and his accomplices, will be punished as theft by the civil courts. 



trespass by injuring or by going outside of the law, as laid down by the forest 



regulations. 



Sec. 1 73. For pasturing in the wood's without having a right to do so, the following (money) 

 fines will be assessed : 



a. For pasturing cows, horses, asses, hogs, except in mast (fattening) time, 30 kreutzers (22 

 cents). 



b. For pasturing goats, sheep, or swine during the mast time, 40 kreutzers (27^ cents). 



c. For pasturing geese, 6 kreutzers for each goose. In case of many geese the fine cannot 

 go over 3 gulden (IS2.25), and for a large number of cattle the fine must not go beyond 30 

 gulden ($7.50). 



If the trespass is committed in those parts of the forest or districts especially marked with 

 straw wisps, the fine for one or for several will be four times as much as when the trespass is 

 made in other parts. The regulation in section 1 24 comes into use here also. 



Sec. 174. The punishment will be visited upon the shepherd; in case the owner has not 

 given the cattle into a shepherd's care, then the owner must suffer. One half of the damages 

 declared in the preceding paragraphs shall be paid over to the person against whom the tres- 

 pass was committed. The owner of the cattle, who has appointed the trespassing shepherd, 

 is not only responsible in all cases to make restitution or give satisfaction, but is at the same 

 time liable to a full fine for all damages, &c., when he has been the party at fault. The owner 

 will be considered guilty of such a fault so soon as a shepherd in his employ falls back into a 

 trespass two or more times. 



Sec. 175. A fine of from 15 kreutzers to 15 gulden must be paid in the following cases: 



a. The wounding of standing trees by barking, cutting a ring round a tree through the 

 bark so as to have the tree die, cutting of the tap, breaking or cutting of boughs and branches, 

 cutting or sawing of same, the tearing away of or chopping off or digging up of roots, climb- 

 ing the trees with spurs on the feet, boring into the trunk, jarring the trees by pounding the 

 trunk with huge stones to shake down the nuts, &c., and all such acts which do not come 

 under section 159 as stealing. 



b. The injuring of or destruction of wood lying in the forest or of other forest products 

 and other kinds of forest injuring, the destroying of the signs, roads, beds, or houses and huts. 



In all these cases must the estimated values of damages be paid, and the severest penalties 

 come into operation when the harm, trespass, &c., has been out of spite, revenge or pure wan- 

 tonness, as the removing of stones set as marks, for forging rights, &c., or for setting fire to 

 the forest, the heaviest penalties of the civil courts will be brought into operation. 



