FORESTRY IN GERMANY. I 1 7 



If then the wood owner does not obey, the work will be done under the forest officials, and 

 all expenses charged and collected, upon refusal to pay, under the civil courts. The expenses 

 will be paid by the forest treasury and put to the forest owners' debit at i}4. per cent, interest, 

 and will be paid only at the end of five years, at which time the wood owner will have to pay 

 all expenses incurred in the meantime. 



l>. In case =1 forest owner has had his forests put under the case of the state officials, 

 because of his violating the statutes by marking clearings not allowed, &c., the forests will 

 remain not less than ten years under government control. The same statutes that affect town 

 and corporation woods affect private forests equally, except where the very nature of a difference 

 in ownership requires a difference in the mode of applying the statutes. The private owner 

 has to pay precisely the same reserve tax as town and corporation forest owners. In case the 

 ownership should change hands during the ten years referred to above, upon application the 

 new owner may be allowed to enter into the possession of his property and the governmental 

 lien be removed. 



All paragraphs from 137 to 178, inclusive, are repealed. The place or purpose of 183 has 

 been supplied by another (48). 



Such are the laws as they are in operation in the Grand Duchy of Baden. Fifty years has 

 made little change in the original laws. 



PENALTIES, ETC., IN CONNECTION WITH TRE.SPASS — FOREST THEFT — RIGHT TO PUNISH, pTC. 



Section 1 . Forest theft, as here understood in the law, is the theft in or from a forest or 

 any other land devoted to wood cultivation of — 



(l) Wood which is not yet taken from the tree or ground; (2) of wood which by accident 

 has been broken off or hurled down, but which has not yet been looked after by the forest 

 workmen ; (3) of chips, splinters or bark, or other such forest products which have not yet been 

 gathered and piled up. 



punishment for simple forest THEFT. 



Sec ii. Forest theft will be punished by a fine in money of four times the worth of the 

 stolen articles, and must never be less than a mark (23 cents and 8 mills). 



punishment for aggravated forest THEFT. 



Sec. 3. Forest theft will be punished by a fine eight times the value of the stolen articles 

 and never less than 2 marks — 



(l) When the theft is or has been committed on a Sunday or hohday, or between sunrise 

 and sunset; (2) when the thief has used means to disguise himself; (3) when the thief gives a 

 false name or dwelling, or refuses to tell his name and residence of accomplices or helpers; 

 (4) when the thief carries any weapons except those which might be considered as necessary 

 to cut or prepare the wood; (5) when the thief is caught using a saw in his thieving; (6) when 

 the thieving consists of taking young trees, pole trees, seed trees, cutting down trees in j^ row, 

 or taking trees from a nursery, or for taking pitch, resinous wood, sap, roots, bark, or the prin- 

 cipal sustaining things of standing trees; (7) when the thief is or has relapsed the first or second 

 time. 



third and fourth rbxapse. 



Sec. 4. Forest theft in the third relapse will be punished by imprisonment for three months ; 

 the fourth relapse with imprisonment for six months, and further relapses will be punished with 

 imprisonment for two years. 



