I 1 4 FORESTRY IN GERMANY. 



Sec. 207. A person not appearing will be regarded as guilty if it is shown that he has been 

 duly summoned and he does not afterwards prove that it was either impossible for him to 

 appear, or that very urgent reasons hindred his attending. Any damages declared agamst a 

 party summoned for not appearing will, upon sufficient proof of the impossibility of his 

 appearing or of good reasons for his not appearing, being submitted and acknowledged as suffi- 

 cient. Such proof however, if not presented within eight days' after nodce has been served 

 will not affect the full punishment. And in all cases must the suspected or summoned parties 

 pay the costs of the hearing granted him to submit his proofs of inability to come, whedier 

 he be declared guilty or not guilty of the trespass with which he stood charged, and to answer 

 for which he had been summoned. 



Sec. 208. Testimony of wood guard of what he actually saw himself or of such persons 

 as are referred to in section, 187 in so far as it agrees with the duly kept day-book notices, &c., 

 in regard to a forest trespass, will be regarded as a full and sufficient proof, except in cases 

 where the testimony entered in the day-book can be proven, for certain reasons, unworthy of 

 belief. Other proof, however, in such cases shall not be excluded. 



Sec. 209. The cases shall be summarized and the trespass register will serve as a means to 

 fix the order of the trial. The facts elicited in the trial with the opinions of the court will be 

 taken down and entered in columns and afterwards published. The protocol will be signed 

 at the end by the judge or his substitute, by the forester and clerk of the court. It must con- 

 tain mention of the fact that the summons had been made. The party not appearing will 

 receive a special notice of the sentence, and a notice of his being notified of the sen- 

 tence will be preserved among the papers relating to the case. The wood or forest owner 

 also shall be notified in regard to damj^es declared in his favor. 



Sec. 210. In case the local courts think a full statement of all particulars necessary for the 

 purposes of justice then will a full and special record be made and entered in the universal 

 register. If, on the days appointed for holding court, a case is not fully prepared for trial a 

 day may be appointed at some time later, nor will it be necessary to wait for the next regular 

 court sitting. 



Several charges against one and the same person shall be dealt with and covered in one 

 sentence. Charges, which cannot be dealt with by the trespass court, will be separated and 

 dealt with at the civil or proper courts. 



Sec. 211. In case a person charged with trespass lays claim to a right from a title or as 

 owner or otherwise, and if such claim does not seem absurd or wrong, and if the same is not 

 denied to such person by law or statute, civil or otherwise, so will said person be declared free 

 of the punishment, in so far as the sentence may be affected by his right. 



Sec. 212. In such cases as those mentioned in the foregoing paragraph, the trespass court 

 will notify the forest owner or parties charging and acting against the suspected or accused 

 party of his claims, and said owner or opposing parties must meet said suspected or accused 

 party before the civil courts inside of six weeks, and this being done the forest court must be 

 notified, in default of which, with the exception of claims by the civil courts, the suspected or 

 accused party will be declared firee. This sentence follows also, if proof is not sent in, that 

 the said parties will meet within the six weeks before the civil courts, or that an effiDrt has been 

 made to do so. In case notice has been received that the case is to be brought before the civil 

 courts to settle the question of right, all action regarding the trespass will be suspended, so far 

 as it is affected by the civil questions, until decision has been rendered on the question of right. 



Sec. 213. If the accused or suspected claims any of the rights of exception mentioned in 

 section 211, especially that of his title as member of the town council, so must he, within a 

 limit of time prescribed by the trespass court, bring proof from the town council that he is the 

 possessor of the right claimed, and which is affected by section 212. 



If the accused is unable to produce the proof of a right from the town council, but can show 

 that certain citizens have gone to law to secure certain rights in accordance with section 125 

 of the town constitutions and are bearing the costs of the same, then will the decision of the 

 court in regard to the trespass remain in obeyance until the question before the civil courts is 

 settled. 



