148 FORESTRY IN GERMANY. 



(18) Whoever, when he has permission to take dry wood in the forest, together with dry 

 branches which may be broken off without damaging the trees, uses edged-tools to get the 

 wood on wagons to haul it away, without the permission of the forest officer, or in any other 

 way trespasses on the regulations above mentioned in time, kind, or amount, e. g., gathers 

 wood at night or on days not allowed, shall be punished by imprisonment of from one to four 

 days. 



(19) Whoever sells fallen wood, gathered by permission, shall be punished by imprison- 

 ment of from two to four days. 



(20) Whoever, without first obtaining permission from the forest officer, or by trespassing 

 on such permission in time, place, or amount, prepares building material or manufactures tim- 

 ber into articles in the forest, shall be fined from I to 20 marks. 



(21) Whoever, in carrying out his pennission to gather wood or make use of forests in any 

 other way outside of the regulation given under 18 to 20, trespasses in any other way contrary 

 to law, shall be fined from i to 5 marks. 



(22) Whoever knowingly buys the articles prohibited under 16, 17, and ig, according to 

 the value of the articles, shall be fined from I to 10 marks. 



If a forest theft is considered a violation of the police regulations, it shall only be taken into 

 account as an aggravating cause. If the theft is so small that the law on an aggravating cause 

 does not take effect, the punishment may be suitably increased, but it shall not exceed the 

 highest fine fixed in article 6. 



Art. 17. Other misdemeanors, not here mentioned, against general or local prohibitions, 

 which are for the protection and order on the forest or for furthering forest culture, especially 

 trespasses against the forest regulations of May 29, 1856, shall be punished, in so far as especial 

 fines do not come into effect according to the regulations under article 16, with a fine as high 

 as 150 marks, imprisonment, or, for those who earn a living by daily labor, with labor for the 

 same time as the imprisonment (section 5 of the law of December 22, 1870, containing transi- 

 tion regulations). If fines, labor, or imprisonment is threatened in the special penal regulations, 

 the accused shall be punished by a fine not exceeding 150 marks or imprisonment, or, under 

 the same conditions, labor (forest or public labor) of the same ditration as the imprisonment 

 (section 5 of the law of December 22, 1870). 



Art. 18. When the aggravating causes, mentioned in article 7, under i ^, 1 f, I/, or 2 a, 

 take effect in any of the trespasses enumerated in articles 16 and 17, or when the perpetrator 

 has been punished for a like offense within the previous year, the fine may be, according to 

 the circumstances, increased, but shall not exceed double the amount; further, instead of the 

 prescribed fine, imprisonment or labor, of the same duration as the imprisonment (section 5 of 

 the law of December 22, 1870, containing transition regulations), may be imposed. 



One day's imprisonment shall be considered equal to from I to 6 marks. If the fine is less 

 than a mark, it shall at least be considered equal to half a day. According to the same rule, 

 a fine not collectable shall be turned into imprisonment. 



Art. 19. The right of prosecution under police regulations becomes void in the same way 

 as for minor forest thefts (article 10). 



Art. 20. Every person guilty of a forest theft must, in addition to paying the fine regulated 

 by law, make good the damage done ; whoever induces any other person to trespass against 

 the police regulations, shall, in addition to the fine, be held good together with the perpetrator 

 for all damages. 



Art. 21. Taking away or damaging trees to hide from observation, thefts committed on 

 the same, or committing trespass against the police regulations, but which happened in an 

 accident {e. g., teamsters whose wagons have been upset or broken), shall, as far as the 

 provisions of section 54 of the imperial penal laws do not cover the case, only be exempt 

 from punishment when the perpetrator has shown willingness to make it good by paying the 

 cash amount of the damage to the owner or his agent, or to the nearest official, within three 

 days. 



