I I 2 FORESTRY IN GERMANY. 



Sec. 190. If within ten days after seizure has been made the objects are not redeemed by 

 a cash or other security as required by law, they will be put up and sold at public auction and 

 sold by the district authorities, and after payment of costs the balance will be held until the case 

 is settled and all damages and assessments have been paid. In case of first or simple trespass 

 the district authorities may allow an extension of time before putting the trespassers' effects up 

 at auction. 



Sec. 191. If the owner of objects seized from trespassers proves that he had no part in help, 

 ing or knowledge of the trespasser on the part of those who used his wagons, tools, &c., to 

 carry out their trespass, he will be allowed to take such tools, &c., unless they be held in accord- 

 ance with some claim against him from section 154, and if the things or part of tliem have 

 already been sold at auction the owner will receive the proceeds. 



Sec. 192. When it appears certain or decidedly apparent that a trespass is about to be 

 committed and some object or objects are to be taken from the woods, the forest guard must 

 remove such objects to a forest iuclosure and mark it or them with his forest hammer, when 

 this is possible. He must then notify the mayor who, also, when informed of a contemplated 

 trespass, can order sequestration. 



Sec. 193. The mayor will cause the arrest of all accomplices accused, and if circumstances 

 demand it, he may order the arrest and detention of other parties as witnesses. The mayor 

 must make a short notice of the entire case, which must be certified to by himself, the wood 

 guard and parties accused ; this report shall also contain a description of the goods and the 

 place where they lay, and a statement, made by mayor and guard, of the value of the objects 

 suspected of being about to be stolen. This report, with the mayor's and wood guard's remarks 

 attached, will be sent by the mayor to the district authorities without delay. 



Sec. 194. In case the suspected person admits to the mayor that the article marked by the 

 wood guard as suspected was to be stolen, or in case the suspected person was a stranger, or is 

 unknown, the mayor must sell the article at auction without delay, unless it can be secured 

 at reasonable cost. 



In case the owner of the article to be taken can be informed of the sequestration, without 

 too much cost or delay, or can be informed before the auction takes place, such owner has a 

 right to be heard in the matter if he appears before it is " knocked down" at auction. 



Sec. 195. If the party arrested on suspicion declares to the mayor that there was no inten- 

 tion to remove the suspected object, the auction will not take place until the matter is fully 

 investigated, so far as the suspected party, in the exercise of the rights guaranteed by law, 

 declares that it be not sold. 



Sec. 196. In those cases where the auction of the objects cannot take place at once tlie 

 mayor must see that they are put in safe keeping. Only in cases where it cannot be otherwise 

 arranged must the suspected articles be allowed to remain in the possession of the suspected 

 party. 



Sec. 197. If an article suspected of being an object of trespass is left in the hands of a 

 suspected party in accordance with the provision of the preceding chapter, and such suspected 

 party should of himself, or by conniving with some other party, have the object removed, then 

 must said, suspected party pay, not only t^ie damages of the trespass, but the additional pen- 

 alties for the embezzlement also. 



If the object so entrusted or left in the care of a suspected party is stolen without his 

 knowledge, but through his carelessness, so must he pay the penalty of his carelessness by a 

 ^ne equal to the simple value of the stolen object; in no case, however, can this fine exceed 

 15 gulden (^6.25). (A gulden equals i mark and 71 pfennigs.) 



Sec. 198. For the purpose of carrying out the objects of section 192, in regard to seques- 

 tration, the wood guard search wood yards and places of like character in open places ; but the 

 wood guard inust not enter houses, buildings or closed yards unless accompanied by the mayor 

 or mayor's representative. The mayor or his representative must accompany the wood guard 

 when the latter gives good and sufficient reason for suspecting that stolen articles are secreted 

 in buildings or closed yards. 



