FORESTRY IN GERMANY. I 1 3 



Sfx. 199. The mayor will be paid for his labors in a seizure, sequestration, house-searching 

 and auctioning off of goods, a sum fixed by law from the treasury of the forest department. 



conc?;rning the act of trespass. 



Sec. 200. Notice of the act of trespass must first be made at the nearest local office, and 

 then at the district office. 



Soldiers who, whether on leave of absence or in the barracks, commit a trespass will be 

 punished according to the military statutes relating to such acts. The determining of aggra- 

 vating circumstances referred to in sections 168 and 169, which must be punished by confine- 

 ment in the workhouse, must be done by the high court, and no one of the following paragraphs 

 will affect such cases. 



Sec. 201 . The personnel of, the trespass court will consist of a judge and his clerk. 



The forester is in duty bound to attend the court to look after the public interests and to 

 testify in questions requiring technical knowledge. A judge, mayor or the representative of 

 either can attend court in another district when a man from their district is summoned on sus- 

 picion of having committed a trespass to answer in another district. In such cases the expenses 

 of the mayor or judge so attending will be paid out of the forest treasury. 



EXAMINATION AND SENTENCE. 



Sec. 202. The trespass court will hold sessions in each district six times in the year, in the 

 months of March, May, July, September, November and January. On the first day of each 

 of these six months the wood guard will, in accordance with section 186, give up his day-book 

 to the forester, who will make a record of the two months' entries and, with his own record for 

 the same period (section 187), send it to the district office. The district office will then arrange 

 the days for hearing the cases. 



Sec. 203. In pressing cases where an arrest, a seizure or sequestration has been made the 

 different questions can be solved in the time between such arrest, seizure, &c., and the appointed 

 day for holding the district court. In simple sequestration or even in cases of seizure, with 

 the exception of seizure of cattle, the cases can all be deferred until the regularly appointed 

 days of trial. 



Sec. 204. To the district hearing must the wood guard and the other witnesses or inform- 

 ants mentioned in section 187, also the suspected parties, and with them any parties or persons 

 who may have to answer for said suspected (section 154) parties, be invited or summoned. At 

 the same time the forester and the owner or owners of the forests in which the trespass took 

 place will be invited to appear and to listen to such cases as concern them. 



Sec. 205. The summoning of suspected parties and those who may legally answer for 

 them will be done by means of a notice for each village. Said notice will contain a notice of 

 the time and place when the case will be heard, the names of all those who must be summoned, 

 a description of the object or objects suspected of being objects of trespass, also the name or 

 names of the informers will appear. Said notice or copies of said notice will be placed in the 

 hands of each party summoned, at least two days before the opening of court, by a court ser- 

 vant. As soon as the notice has been correctly served upon all parties in a village, and the 

 same has been signed by the court servant, the mayor will seal it up and return it to the dis- 

 trict office. The pay for his trouble in serving notices or summons will be drawn by tlic court 

 servant from the forest treasury. 



Sec. 206. An open summons, by means of a placard instead of a personal summons, may 

 take place in the case of both natives and foreigners : 



a. When the party to be summoned is living in another state and refuses there to accept a 

 summons ; or, 



b. When the place of residence of a party to be summoned is unknown. 



The placard must remain up eight days and a written statement that such has been done 

 will be placed among the papers relating to the case. 

 E. F. 9 



