FORESTRY IN GERMANY. I I9 



CHANGE OF FINES TO OTHER FORMS OF PUNISHMENT. 



Sec. 15. a fine declared against a person who is unable to pay the same will be changed 

 first to imprisonment. The change will be based upon the following : for every fine under 50 

 marks one day's imprisonment will be substituted for every 2 marks ; when the fine is over 50 

 marks twenty-five days' imprisonment will be put against the 50 marks, and one day's impris- 

 onment against every J marks over 50. 



Imprisonment to take the place of a fine can never be less than one day and never more 

 than 180. 



When a fine is divided and a fractional number comes out more than a half it will be 

 counted a whole one, when less than one-half it will be thrown out. 



In case a part of the fine can be paid the imprisonment will be made equivalent only to 

 the amount of money left unpaid. If, in the estimate of the number of days, a fraction of a 

 day should appear in the result the whole day will be reckoned. 



CARRYING OUT OF THE IMPRISONlVfENT BY AN EQUIVALENT IN FOREST OR TOWN WORK. 



Sec. 16. Instead of the imprisonment referred to in section 15 the prisoner can have his 

 punishment changed into labor on the town work or forests. The prisoner can have a certain 

 amount of work assigned as an equivalent of his imprisonment and will be declared free so 

 soon as the work is accompUshed. 



WORK IN FAVOR OF THE DAMAGED PARTY. 



Sec. 17. In case those officials who have charge of watching and directing the town and 

 forest public work are informed by some party who has been damaged by the prisoners that 

 he has work for them to do, &c., the prisoners will be put at that work unless they have 

 already commenced on some other, and no money shall be demanded from the dame^ed party 

 receiving such labor except pay for superintending the labor ; but the work done will go 

 toward paying the damages. 



CARRYING OUT OF PUNISHMENTS. 



Sec. 18. The art and manner of carrying out the punishment will accord with the form 

 and manner prescribed by the statute. 



FORFEITURE OF TOOLS, ETC. 



Sec. 19. In addition to the punishment declared against a person for forest theft will be 

 the forfeiture of all tools, instruments, &c., used by the'prisoner whether they belong to him- 

 self or not. 



UNLAWFUL PASTURING. 



Sec. 20. The pasturing of cows, oxen, horses, asses, goats, sheep and swine without a 

 right to do so will be punished by a fine of i mark (24 cents) for each head, but the fine can 

 never be more than 50 marks. 



If the trespass takes place in places set apart for young trees then will the fine be three times 

 the above. Young cattle or animals so long as they are sucking young, will not be counted. 



RESPONSIBILITY OF THE OWNER FOR A HIRED SHEPHERD. 



Sec. 21. If a cattle owner is brought up for a shepherd or herder's trespass (sections 14 

 and 23) he must be allowed no excuse if the herder or shepherd has twice committed the 

 trespass during service with the owner inside of one year. 



INJURING. 



Sec. 22. If trees have been injured or other forest products destroyed, injured, &c., by par- 

 ties having no right to take or consume, and the amount of damage does not exceed 25 marks 

 worth, a damage of four times the worth will be declared against the offending party and the 

 fine can never be less than i mark. A motion for punishment will not be necessary in such cases. 



