146 FORESTRY IN GERMANY. 



f. If the thief carried arms or other dangerous instruments not necessary for committing 

 the theft. 



If several of these cases occur in the same theft only that one is to be taken into account 

 to which the highest penalty is attached. 



Art. 8. Instead of the imprisonments determined by the two foregoing articles, correspond- 

 ing fines may be imposed. One day's imprisonment is hereby declared to be equal to from I 

 to 9 marks. The same relations shall hold good for changing fines into imprisonment. 



Art. 9. When several small thefts occur together the punishment is to be determined upon 

 the total amount. 



Art. 10. Prosecutions for smaller forest thefts becomes void in six months; the executions 

 of the punishment for the same become void in a year. The time for the limit of the execu- 

 tion begins at the expiration of the ten days respite after the knowledge of it, and also if the 

 accused has not appeared at the trial. 



Art. II. Forest thefts the amount of which either for one or several thefts does not exceed 

 15 marks, shall be punished by fourteen days' to two years' imprisonment and, in addition, the 

 right of citizenship may be suspended. If the punishment does not exceed six weeks a 

 fine corresponding to the regulations of article 8 may be imposed. 



In determining the fine the aggravating circumstances mentioned in article 7 shall be taken 

 into account ; but as to the increase of fine on account of a previous punishment regulated 

 under 2 e, it shall he sufficient ground for increasing the fine when the thief has been punished 

 for forest theft within the last five years. The right of prosecution for one or several offenses, 

 when the ^gregate amount exceeds 15 marks, shall be void in three years. 



Art. 12. The punishment for aiding in a forest theft without regard to the case mentioned 

 in section 260 of the imperial penal code, may — if it was promised by the abettor before the 

 act was committed — not be over two-thirds and in other cases not over one-third of the lawfiil 

 fine for the crime itself The judge may impose instead of imprisonment a fine, and the said 

 fine is to be determined in accordance with the relationship of the two punishments, estab- 

 lished in article 8. 



Art. 13. In the place of the imprisonment, incurred for a forest theft, the judge may, in 

 accordance with the prescription of section 5 of the law of December 22, 1870, containing 

 the transition regulations on the introduction of the North-German penal code, punish persons, 

 who earn their living by daily labor, with labor of the same duration as the imprisonment. 

 In the same manner the judge may, in accordance with the same prescriptions, change the 

 imposed fine instead, of imprisonment, into daily labor. 



Art.. 14. Every one guilty of a forest theft must, aside of the punishment fixed by law, 

 restore to the owner what was taken or its worth and make good the damage done by the act. 

 When several persons join together, each one is held responsible for all {in solidum). 



The same rule stands also for the abettors or receivers of the stolen objects, but only so far 

 as concerns the part received by them, for which they, with the other participants, stand secur- 

 ity one for all and all for one. . 



Art. 15. If married women, children under parental care, foster-children or apprentices,, 

 without the knowledge and consent of their husbands, parents, guardians, masters, commit a 

 forest theft and the stolen objects are used for the latter, the last-named persons are bound to 

 make good the damage done. All persons who keep servants and also all house-owners, in 

 case forest thefts are committed by their servants and lodgers without the knowledge and com- 

 mand of the former, to the extent that the stolen objects were used for them, are only bound 

 to make good the damage, when it cannot be collected from the thieves themselves. 



SECTION II, 

 ON THE regulations OF THE FOREST POLICE. 



Art. 1 6. (i) Whoever is caught with tools to be used for felling, grubbing up or injuring 

 trees in a wood not belonging to him, outside of a regular road, without permission, shall be 

 fined 50 pfennigs. 



