FORESTRY IN GERMANY. I I 5 



CONCERNING APPEAL. 



Sec. 214. Without regard to the eimount involved in a trespass which hes within the juris- 

 diction of the local trespass court, appeal may be made from the local courts to the district court 

 by the party sentenced, as well as the forester, when the sentence is not satisfactory; this right 

 does not, however, belong to the wood owners. Within eight days, however, after the appeal, 

 notice must be filed with the upper court. 



Carrying out of an appeal must be agreed upon by the forester and the opposed or accused 

 party. In case a more full and thorough investigation is necessary, or if, upon appeal being 

 made by the accused, an appeal is being considered, the local office will send up all the papers 

 or copies of the same, with a full statement of the causes of the appeal; such papers, &c., with 

 the reasons for their issue, will be laid before the district government. If the carrying out of 

 an appeal is neglected during and through the time extended, it will be proclaimed forfeited or 

 dropped by the local government. 



Sec. 215. A request for an extension of time in which an appeal may be made and which 

 can or may at any time be granted to a suspected party, has no effect on the full carrying out 

 of a sentence, provided the appeal is made in consequence of neglect on the part of thq accused 

 to use the time first allowed. 



On the part of a forester an appeal for extension of " appeal time " will not be granted 

 only when he can prove that the causes of not appealing during the time allowed by law 

 were not because of fault or neglect on his part nor even then will he be allowed an extension 

 of time unless it be shown that for at least ten days before he makes his request for an exten- 

 sion that the causes of his previous detention have ceased to exist. 



Sec. 216. After the case or cases have been tried a full report, so soon as the full carry- 

 ing out of the sentence will admit, must be submitted by the local officers to the forest author- 

 ties. 



concerning the carrying out of sentence. 



Sec. 217. As soon as sentence has been declared the forest courts will see that it is carried 

 out in each case. 



So soon as within the time allowed and defined in the sentence the costs of damages, 

 trial, &c., are not paid or made good, and when after seizure has resulted to no purpose in 

 covering said costs, &c., can the forest court, allowing no appeal, put in force the substitute 

 punishments prescribed in section 137. 



Sec. 218. The forest treasury must receive all the money paid for damages, fines, &c. 

 The treasurer will in each case pay the forest owner the assessed damages when recovered, and 

 will also give him a list of the damages assessed, but which could not be collected, 

 thereby leaving to the damaged party the privilege of having recourse to the civil courts to 

 recover. In case the treasury has not taken in money enough to cover damages, costs, &c., the 

 money received shall be appUed, (i) to paying the damages; (2) to paying fines and costs of 

 court. 



Sec. 219. The cattle seized will be sold at auction when not redeemed within the time 

 allowed by law for such redemption. 



In case a trespass is proven, but the party trespassing is not discovered, the cattle caught 

 and seized will be auctioned in the manner prescribed for other objects (section 190), but only 

 after three months. The amount of moniy realized after payment of dam^es and costs will 

 be deposited in the forest treasury to the order of the lawful owner if and when he chooses to 

 claim it. 



In other cases the amount realized, after paying damages, costs, &c., will go to the owner 

 of the cattle or articles seized and sold. 



TRANSITORY REGULATIONS. 



Sec. 220. Present laws shall go int9 effect May, 1834. All previous laws in relation to 

 woods and forests cease to operate from the date on which these laws go into effect. Any act 



