2 14 FORESTRY IN SWITZERLAND. 



(6), He can only exercise such right in old pits so long as they continue to supply the 

 requisite material, only opening new pits by instructions previously received from the forest 

 owner. 



(f) He is obliged to keep in order the road leading to the pit, and shall not, of his own 

 accord, open a new one. 



((^) He shall, as far as possible, level off the entrance to the pit. 



(e) Upon him depend the means of safety against accidents, as well in new as in abandoned 

 pits. 



88. The forest owner is directed to forbid, until further decision by the police authorities, 

 the use of any pit where there is reason to apprehend a caving in upon the workmen, a falling 

 in of the railing or path around it, or any similar occurrence. 



v.— Concerning forest offenses. 

 ,/. Jurisdiction and penalties. 



89. Thefts and other offenses coming under the provisions of the criminal law are condi- 

 tionally subject to the provision of article 91 of "Judicial Sentences." In regard to other tres- 

 passes (forest offenses) the following decrees are valid, viz.: 



90. Forest offenses on the part of persons in the forestry service, or of township and cor- 

 poration and other overseers, will be treated as disciplinary offenses, according to the provisions 

 of the " Law Concerning Order and Penalties," in so far as, under the following regulations, 

 no higher than the ordinary judicial penalty is imposed. Penalties upon persons employed in 

 the forestry service shall be imposed by the forestry authorities, those upon townships and cor- 

 porations by the direction of the interior. 



91. Other forest offenses and misdemeanors, among which latter are to be enumerated thefts 

 of wood, twigs, &c., in value not exceeding 2 francs, will be treated as pohce trespasses, accord- 

 ing to the provisions of the " Law Concerning Order and Police Penalties." 



92. Violations of the provisions contained in the present law, viewed in the way of indem- 

 nifications, entail the following penalties, viz.: 



(fl) For disregard of the provisions of article 48-55, concerning the period for .felling and 

 removing wood, and danger by fire, and damages by insects, from 3 to 35 francs. 



{J)) For unauthorized pasturing in old forests, i to 3 francs per head of cattle ; for trespass 

 against limitations specified in article 61, 2 to 6 francs per head; in any case the fine shall not 

 exceed the sum of 40 francs; the party who, either in person or through the agency of his (or 

 her) children, servants, or employes, causes such unauthorized pasturages is to be held therefor. 



(f) For violating the provisions of article 62 and articles 64-67, concerning kindred uses 

 [Neliennutaungen), 2 to 20 francs. 



((/) For driving outside of the forest roads, or damage of any kind to lx)undary marks, 2 

 to 10 francs. 



(f) For the unauthorized uses of axes, saws, or similar instruments in the forests, 2 to 5 

 francs. 



(/) For offenses for which no special penalty is provided, 2 to 50 francs. 



In cases of violations of the foregoing regulations by overseers or foresters the fine will be 

 doubled. 



93. In case boards of overseers are guilty of official disregard of the provisions of this law, 

 or neglect in enforcing its directions, each derehct member tliereof shall be liable to a fine of 

 from 2 to 50 francs, and shall be held for the damage resulting therefrom to the forest. 



94. As well in the case of judicially punishable offenses as in the case of other violations, 

 the following are to be regarded as aggravating features, viz.: 



{a) When the offense is committed before sunrise, after sunset, or on Sundays or holidays. 



{b) When committed by persons employed at the time in the forest as wood- choppers, char- 

 coal-burners, or generally in the exercise of any forest privilege. 



(c) When the offender is armed, disguised, refuses to give his name and residence, or does 

 so incorrectly. 



