FORESTRY IN GERMANY. 1 45 



Art. 3. Forest thefts shall be considered as committed as soon as the thief has talcen the 

 object into liis possession, or, as to living wood, as soon as it has been damaged in the manner 

 described in article 2. Gum from the trees, moss, grass, leaves and other litter especially, shall 

 be considered to be stolen when they have been scratched off, cut off, torn off or raked together 

 by the accused. 



Art. 4. If the owner of the forest has sustained injury outside of the value of that which 

 has been stolen, especially by stripping off the leaves, breaking or cutting off the tops of trees, 

 particularly for the use of May-poles, Christmas-trees, for wagon-tongues and side-ladders, 

 whip-stocks, canes, rake-handles, hoops, bean-poles and the like, by cutting the resinous wood 

 out of standing trees, tearing off the bark to get sap from the trees by pealing off the outer or 

 inner bark, uprooting standing trees, cutting off switches or branches for brooms, prohibited 

 tapping of birches and maples, pulling up tree-seedlings by the roots, &c., the worth of the 

 stolen objects (with the exception of the cases provided for in article 7, under i d and 2 d, 

 which are punished by the penalties mentioned there and in article 1 1) is to be computed with 

 the amount of the damage, and the sum of both shall be considered as the total amount of the 

 theft, and the penalty shall be adjudged in accordance therewith. 



Art. 5. For smaller thefts, /. e., those in which the amount does not exceed 15 marks, the 

 special regulations are given in articles 6 to 10. 



Art. 6. Forest thefts shall be punished as follows : 



a. For fliefts not exceeding 40 pfennigs (about 10 cents), from half a day to a day's impirison- 

 ment. 



b. For thefls amounting to from 40 to 80 pfennigs, from one to two days' imprisonment. 



t. For thefts amounting to from 80 pfennigs to I mark and 50 pfennigs, from two to four 

 days' imprisonment. 



d. For thefts amounting to from i to 3 marks (23.8 cents, to 67.4 cents) from four to six 

 days' imprisonment. 



c. For thefts amounting to from 3 to 6 marks, from six to ten days' imprisonment. 



/ For thefts amounting to from 6 to 9 marks, from ten to fourteen days' imprisonment. 



g. For thefts amounting to from 9 to 15 marks, from fourteen days to four weeks' impris- 

 onment. 



As grounds of lessening the fine, not only the restitution, which may have been made, but 

 also the weather and all otlier circumstances may be taken into account. 



Art. 7. The duration of the imprisonments threatened in article 6 may, by decision of the 

 court, be increased — 



1 . To one and a half times the single fine : 



a. If the accused in the act of committing the theft used a saw or an iron rake in stealing 

 wood, forest litter, &c. 



b. If the theft was committed on Sunday, holiday or repentance day. 



c. If felled trees were stolen. 



d. If acorns or beech-nuts or other kinds of leaved wood, or pine-tree cones were stolen 

 out of an enclosed lot or nursery. 



c. If the thief, provided he was caught in the act by the owner or person charged with the 

 oversight of the forest, did not stop at his command or gave a false name, or otherwise tried 

 to make himself unknown. 



/ If three or several persons agreed to commit the same theft at the same time and place 

 and carried the same into effect. 



2. To twice the single fine : 



u. If the theft was committed before sunrise or after sunset or when the objects stolen have 

 been taken into custody. 



b. If the thief used a team to haul off what he had stolen. 



c. If the thief stole the said objects to sell them or to be worked into articles for sale. 



d. If the theft consisted of grafts, trees planted along forest roads or nursery trees. 



e. If the thief has been imprisoned for forest theft during the previous year. 

 E. F, II 



