FORESTRY IN GERMANY. I I I 



Sec. 1 84. The forest guard in town or village forests can be discharged at will by the dis- 

 trict authorities after securing the approval of the town council and forest authorities. The 

 other forest owners can dismiss their guards at any time without being compelled to assign a 

 reason. 



The forest bureau can demand the dissmisal of a forest guard in the interest of the public. 

 The owner in such a case can have recourse to appeal to the local government. 



DUTIES OF THE WOOD GUARD. 



Sec. 1 85. A wood guard must, in his own district, so soon as he has knowledge of it, report 

 each case of trespass; he must also report any trespass seen by him in another district, and 

 stop, if possible, the carrying out of the trespass. An exception to this rule is in the case where 

 a private forester finds the owner carrying out what by another would be trespass, unless it 

 comes under sections 88, 89, 92, 93 and 95. 



Sec. 186. The forest guard must carry a day-book in which he shall make entry of each and 

 every discovery of trespass and information relating to the same, arranged circumstantially and 

 closed in at the end of each day. He must make no changes in the book, but if anything is to 

 be added by way of explanation it must be entered in order; no scratching or blotting out will 

 be allowed. In case of arrest (section 188), seizure (section 189), or sequestration (section 

 193, especially house searching, section 198), where a special record is taken of every proceed- 

 ing, the forest guards present will make a slight entry in their day-books referring to the case. 

 All entries in the day-book must be written and signed by the wood guard himself. The guard 

 must show his day-book to the mayor of the town and once a month to the forester. 



Sec. 187. In cases where the towns appoint, in addition to the ordinary wood guards, special 

 overseers or wood masters, and have such men sworn into service, these men, as well as the 

 foresters and other forest officials and their sworn-helpers and the gendarmes (police), so soon 

 as they have knowledge of a trespass, have the same duties, the same right to belief, and the 

 same rights in general as the wood guards. In case they carry no day-book, they are in duty 

 bound to make an exact record of all circumstances in a case of trespass, house-searching, &c. 



ARREST, DISTRAINT, AND SEQUESTRATION. 



Sec. 188. The wood guard has the right and is in duty bound to arrest any person found 

 trespassing apd to bring such person before the mayor of the district — 



a. If the person is a stranger to him or a foreigner. 



b. A citizen who, after being warned, does not stop trespassing and leave the woods at once. 

 In the last case the major (Burgermeister) can let the prisoner go free, or to make sure of 



having for trial and to hinder his carrying out the purpose of his trespass, can lock him up for four 

 and twenty hours. In cases where the wood guard arrests a stranger and brings him before the 

 mayor, the mayor can let such prisoner free if he recognizes him as a citizen, or when the prisoner, 

 if a foreigner, deposits bail sufficient to cover fines, damages, &c., in case of non-appearance in 

 court, provided the prisoner is not a candidate for the workhouse under sections l58 and 169, 

 in which case the mayor will hand him over to the district authorities for examination and 

 punishment. In all cases must the mayor take notes of the testimony of the wood guard and 

 the explanations of the prisoner and submit them to the district authorities. 



Sec. 189. The wood guards are empowered, for the purpose of securing testimony and also 

 to secure payment of damages, &c., to seize the cattle, tools, w^ons, vehicles, &c., used in the 

 trespass. The guard must deliver the same, when seized, to the mayor. When the mayor has 

 made a record of the case, including the testimony of the wood guard and the trespasser, and 

 has taken a full description of all the objects seized, and the trespasser gives bail large enough 

 to cover damages, or in case of a foreigner gives enough to pay all expenses, then can the mayor 

 allow the seized articles to be restored; otherwise he must retain possession of everything seized, 

 and within 24 hours prefer charges gainst the trespasser or trespassers before the district author- 

 ities, submitting the evidence taken. If the mayor acknowledges a citizen as able and " good " 

 for damages, he may be released and receive back the objects seized without giving a bond. 



