2l6 FORESTRY" IN SWITZERLAND. 



104. The amount of damage shall be calculated as follows, viz.: 



1. For thefts of standing timber: 



(a) For green wood when the crown fork is not broken, one-half the value, 

 (^i) For green wood when the crown fork is broken ; further, for seed trees, upper-wood 

 branches in middle forests, and split poles in lower forests, the entire value. 



(c) For the cutting of twigs or osiers, in violation of article 33, double the value. In other 

 cases, the simple value. 



(a') For cases where other trees, after-growth, or stump-sproutings are damaged by the 

 felling and removal of stolen wood, the simple value. 



For damage to older trees, the amount specified in section 2, in addition to cost of mak- 

 ing the damage good ; and 



For damage to stump-sproutings under eight years old, four times the value. 



[e) For stumps liable to sprout, four times the value. 



Otherwise for thefts of stump-wood, the provisions of letter (a') above are applicable. 



2. For damage to standing timber : 



(a) When resulting in the death of the tree, the amount stated in section I, letters (a) and 

 (6) of this article. 



(i) AAHien not involving the death of the tree, from a half down to a tenth of the value of 

 the tree or pole damaged, according to the extent to which their usefulness has been impaired 

 or their growth disturbed. 



105. In cases of theft of plants, the amount of damages shall be as follows, viz.: 



(a) For plants taken from young growths under ten (lo) years old and where no subse- 

 quent repair is necessary, the simple value. 



Where such is necessary, three times the value. 



(d) For plants taken from seed schools and nurseries, in all cases, three times the value. 



106. The following damages are to be reckoned for the unauthorized use of forest privi- 

 leges, viz.: 



(«) For pasturage and the use of grass, the value of the damj^e inflicted, which, how- 

 ever, shall equal at least one-half of the penalty. The owner or proprietor of the cattle is to 

 be held responsible for the payment of value and damages. 



[6) For gathering litter in localities prohibited in article 62, letter ((5), or for use of unau- 

 thorized tools, the simple value of the litter outside of the locality under prohibition. 



(c) For taking resin, according to the value of the tree tapped, and from the full amount of 

 such value down to a tenth of the same, according as the tree has been impaired in usefulness 

 or disturbed in growth or brought entirely down, and, in the latter case, by being removed, has 

 been broken off at the crown fork. 



(d) For gathering nuts, wood-seed, wild fruit, wood-berries, &c.,five times the value of the 

 articles stolen. 



(e) If stone, sand, gravel, peat, &c., are stolen, the damages to the forest is to be estimated 

 according to article 104, fig. 2, letter («), and to this must be added the cost of restoring the 

 former conditions. 



107. Concerning detention for payment of values and damages, the provisions of article 

 1872-74 of the Law of Private Rights are applicable, with reserve as to the case designated in 

 article io6, letter («). 



108. The amount of value and damages shall, as a rule, be detennined by the authorities 

 mposing the penalties. Where such authorities are not judicial ones, each party has the right, 



within eight days, to protest against the decision, and in such case it remains for the claimant 

 to make good his claim by the usual legal procedure. 



109. This law takes effect January i, i860, in regard to the salaries fixed in articles 7 and 

 8; and January I, 1861, in regard to its remaining provisions. The forestry law of Septem- 

 ber 29, 1837, and the supplementary law of June 24, 1840, are hereby repealed. The gov- 

 ernment council is charged with the execution hereof. 



