FORESTRY IN SWITZERLAND. 215 



(a?) When he does not obey the forester's order, or offers any other resistance, in so far as 

 his conduct does not fall under the provisions of the criminal law. 



(?) When saws are used instead of axes, or when means are used to smother the sound of 

 saw or axe. 



(/) When the offense is committed with the intention of selling either the natural or 

 wrought products of the forests. 



2. Method of procedure for forestry officials and foresters in cases of forest trespass. 



95. The overforestmaster and the four forestmasters are required to report to the direction 

 of the interior every violation of law committed by boards of overseers for townships and wood 

 corporations, and to specify in detail the damage caused thereby. 



96. It is likewise the forester's duty to report to his superiors every violation of the forestry 

 law committed within his district, and every such violation of which, in the discharge of his 

 duty, he may become cognizant, even if outside of his district, as well as every trespass com- 

 mitted, and to prevent as far as possible the continuance thereof. Foresters are also charged 

 with the maintenance of the game laws. 



97. The forester shall enter in his day-book detected offenses and trespasses in serial order, 

 and when he discovers the perpetrator, shall record his full name, with the day, hour, and 

 place of the act, and the value of the articles stolen. He shall also note in connection there- 

 with whether, in the commission of the trespass or pursuit of the trespasser, any of the aggra- 

 vating features specified in article 94 have transpired. At the end of every month the forester 

 shall hand in his day-book to his superior officer, who shall set down the amount of compensa- 

 tion for damages (according to articles 104-106), and take steps to secure conviction. In case 

 of more serious trespass, the forester will report to his superior immediately. If the forester 

 observes that his superiors do not take steps to secure conviction, it is his duty to make a report 

 of the fact to the overforestmaster. 



' 98. If the perpetrator be unknown, or if a known offender, after notice has been given 

 him, does not abstain from trespass and leave the forest, the forester is justified and duty bound 

 to detain him, and deliver him over to the town authorities. Local police authorities and 

 policemen are required in such cases to furnish assistance to the forester if he calls for it. 



99. The forester is authorized, partly as evidence of the offense and partly for the preven- 

 tion of flight and from motives of personal safety, to take away from any unknown trespasser 

 caught in the act, any tools or vehicles which he may have with him, or any cattle calculated 

 to do damf^e ; he must, however, at once turn them over to the town authorities, who shall 

 hold them in seizure until sufficient security is deposited to cover damages and fine. 



100. If a forester meets upon the road, especially a forest road, a person carrying forbidden 

 forest products, or coming out of the forest with wood at a time forbidden by law, he is justified 

 in detaining such person, asking his name and address, and the way and manner in which he 

 came into possession of the articles. If circumstances prove suspicious, or if he discovers that 

 the articles have been stolen, he shall proceed to the town authorities for an investigation of 

 the facts in the case. 



loi. Where trespasses are committed in 11 forest and the forester is not able to detect the 

 perpetrator, while suspicious circumstances indicate a clue to his identity or to the place 

 whither the stolen articles have been taken, the forester shall apply to the town official, or, in 

 his absence, to his representative, and in company with the latter execute the necessary search- 

 warrant. 



102. Foresters shall be provided with service badges and be armed so far as it is requisite 

 for the discharge of their duties. Detailed instructions concerning the use of weapons will be 

 furnished by the government council. 



_y. Concerning value and amount of damages. 



103. The value of stolen articles shall be determined on the basis of local prices at the 

 time the trespass is committed. In addition to this value, the trespasser shall make good the 

 amount of damage, according to the provisions of the following articles: 



