Date of issue June 21. I'.Uo UNITED STATES DEPARTMENT OF AGRICULTURE FOREST SERVICE Henry S. Graves, Forester iT^ ((^1^- FORESTRY LAWS OF WISCONSIN (Through Regular Session, 1913) Compiled in the OiBce of State Cooperation by Jeannio S. Peyton PURPOSE OF COMPILATION There is an immediate and growing demand for information covering the forestry laws of the various States, particuhirly as to their handUng of certain specific subjects. Requests for such information come from a wide variety of sources, including State administrative ofh- cers, forestry associations, and other bodies and individuals interested in the advancement of forestry. With the idea of furthering the development of this legislative phase of forestry tlie compilation has been informally undertaken of such of the laws of the States as bear more or less directly on the practice of forestry. By arranging and classifying the laws and parts of laws under the headings: " Admmistra- tion," "Fires," "Taxation," and "Public Forests," it is bcheved that comparison among the States is materially simplified, while the progress of each State, or lack of it, in these different departments is likewise shown. The better to accomplish this educative aim, the great mass of timber and tree laws has been purposely omitted, as have the finer pomts of reference, etc., which a manual intended for legal or general administrative use would very properly include. PART I.— ADMINISTRATION. Sec. 1494-41, Wis. Stat., 1913. Stale hoard of forestry, personnel; no compensation, expenses. — There shall be a State board of forestry, consistii^ of I ho president of the State university, the director of the State ^'eological sur- vey, the dean of the State agricultural department, the attorney-general, and one other member to be appointed by the governor. Said board shall select its own presi- dent and shall perform the duties hereinafter provided;' and shall meet on the second Monday in January, April, July and October of each year, and at such other times as may be necessary. They shall receive no compensation except th'eir actual expenses to be audited by the secretary of state and paid out of the State treasury. Sec. 1494^2. 1. State forester; qualificalion.i; appoint- ment. — There shall be a State forester, who shall be a tech- nically trained forester, appointed l)y the State board of forestry-, and whether any candidate for this position is a technically trained forester shall be deternrined by cer- tificate from the Secretary of the United States Depart- ment of Agriculture. I The State Iward of forestry is also charged with certain duties con* cerBing dams and reservoirs. (Laws 1907, chap. 335, sec. 6.) 92316—15 1 2. Salary, etc.; clerk, salary of; secretary to board of for- estry. — He shall receive a salary of three thousand six hundred dollars per year,' and the actual and necessary travelii^ and field expenses, incurred in the conduct of his official business, be empowered to appoint a clerk whose salary shall not exceed fifteen hundred dollars per annum; be supplied with suitable offices, be entitled from the superintendent of public property to such stationery, postage, and other office supplies and equipment as may be necessary, be authorized to purchase all necessary field supplies, equipment, and instruments, be furnished by the State all necessary printed form.s and notices and the publications hereinafter jirovided, and shall act as secretary of the State board of forestry. 3. Administrative and investigative duties; inanaycment of State forests, fires, trespass, lectures, etc.; cooperative work; reports. — lie shall, under the supervision of the State board of forestry, execute all matters pertaining to forestry ' within the jurisdiction of the State, direct the manage- ment of the State forest reserve, depute one of his assistants ' See, on p. 2, sec. 170m. » The State forester may also be required to assist the railroad commis- sion of Wisconsin in determining the value of lands in connection with certain dams and reservoirs. (I-aws 1911, chap. MO, sec. 6.) 5^ FORESTRY LAWS OF WISCONSIN. to act during his absence or disability, collect data relative to forest destruction and conditions,' take such action as is authorized by law to prevent and extinguish forest fires ^ and to prevent forest trespass; co-operate in forestry as provided under section 1494-45 of the statutes; and ad- vance as he may deem wise by the issuing of publications and by lectures, the cause of forestry within the State; and may co-operate with the University of Wisconsin in the instruction and training of forest rangers. He shall pre- pare biennially a report to the State board of forestry on the progress and condition of State forest work, and recom- mend therein plans for impro\iug the Slate system of forest protection, management, replacement, and taxa- tion. The State board of forestry shall report biennially a summary of such facts to the governor. 4. State public parks. — The care and protection of all lands that have been, or may hereafter be acquired by the State for public park purpases, shall be under the direction of the State board, of forestry, and all moneys appropriated for the purposes of the protection and improvement, of such parks shall be expended under the supervision of such board of forestry. Sec. 1494-^3a. Surrey of imter powers. — The State for- estry commission shall make a survey and examination of all streams in and upon the forest reserve and other State lands under its jurisdiction, with a view to ascertain the available water powers of such streams, and shall include the result of such examination in its report, or may, in its discretion, issue a separate bulletin in relation thereto. Sec. 1494-45. Co-operation in forestry. — The State for- ester shall, acting under the supervision of the State board of forestry, whenever he deems it necessary to the best in- terests of the people and the State, co-operate in forest sur- veys, forest studies and forest protection, and in the pre- paration of plans for the protection, management, replace- ment of trees, wood lots and timber tracts with any of the several departments of the Federal or State governments or the governments of other States and with counties, towns, corporations and individuals. Sec. 1494^6. Assistant State forester; ciualifications; ap- pointment; salary, etc.; duties.— There shall be an assistant State forester, who shall be a technically trained forester, appointed by the State forester with the approval of the State board of forestry, lie shall receive a salary of two thousand dollars per year, and the actual and necessary traveling and field expenses, incurred in Ihe conduct of his official business. He shall perform suih cbiiies as may be assigned to him by the State forester, and shall represent the latter in case of disability or absence. Secs. 1494-52 to 1494-54. Trespass agents.^ « * « ' The geological and natural history siuvey of the State is, indepen- dently, charged with makmg a study of the forests of the State, with reference to their cultivation and preservation. (Sec. 392J-1 Wis Slat 1913.) ■ ' ■' 2 See also the fire duties of the State forester which are shown in Part 11.— Fires, p. 3. ' See these sections on pp. 8, 9, for additional duties of the State forester and assistant State forester as, ex ofTicio, State trespass agent and assist- ant State trespass agent. Sec. 1494-55. District attorneys to prosecute. — Whenever an arrest shall have been made for any violation of any pro- vision of sections 1494-41 to 1494-64 [62], inclusive, or whenever any information of such violation shall have been« lodged with him, itshall be the duty of the district attorney of the county in which the criminal act was committed to prosecute the offender or offenders. If any district attor- ney shall fail to comply with the provisions of this section, he shall be guilty of a misdemeanor and lipon conviction shall be fined not less than one hundred dollars nor more than one thousand dollars, or be imprisoned not less than thirty days nor more than one year, or both in the discre- tion of the court. The penalties of this section shall apply to any magistrate, with proper authority, who refuses or neglects without cause to issue a warrant for the arrest and prosecution of any person or persons when complaint, under oath, of violation of any terms of sections 1494-41 to 1494-64 [62], inclusive, has been lodged with him. Sec 1494-62. Appropriation. — There is hereby appro- priated out of any funds in the State treasury not other- wise appropriated an annual appropriation of thirty-five thousand dollars to pay the annual salaries provided by the terms of sections 1494-41 to 1494-64 [62], inclusive, of the statutes, and for carrying out the provision of such sections of the statutes. If all of said sum be not expended in any one year the balance not so expended may be used for the purpose aforesaid in any subsequent year. Sec 170m. Salary of State forester. — [The salaries and compensations of the following-named officers of the State are fixed at the annual sum for each respectively as herein provided, to wit:] The State forester, three thousand six hundred dollars; 4. Subordinate employes; appointment, duties, salaries. — The officers enumerated in this .section shall be reimbursed for actual and necessary traveling expenses- incurred by by them in the discharge of their official duties. The * * * State forester * * * sliall each have author- ity — subject to the provisions of sections 990-1 to 990-32,* inclusive, of the statutes, in cases where the provisions of said sections are intended to apply, and subject to the approval of such other officer or body as may be required by law — to appoint such deputies, assistants, clerks, stenog- raphers, and employes, as shall be necessary to properly perform and discharge the duties, functions, and obliga- tions imposed by law upon the respective office, commis- sion, board or body, to prescribe their duties and designate their respective titles, and the persons so appointed shall be paid out of the State treasury such salary or compensa- tion as sliall be fixed by the officer or offi(;ers making the appointment and shall be reimbursed for actual and neces- sary traveling expenses incurred in the discharge of their duties; provided, that the deputies, assistants or other sub- ordinates of the officers enumerated above shall possess the power and authority now conferred, or that may hereafter be conferred, upon them by law and shall perform such duties as may be required by law or by the officer or officers by whom appointed and shall be paid the salary or ' These sections concern the State civil service. LIBf^ARY OF CONGf^ESS FORESTKY I.AWS OF WISCONSIN. compensation fixed by the appointing officer or officers unless a specific salary or compensation is provided by law. * * * 6. The salary or compensation and expenses paid to any ofticer, deputy, assistant, clerk, stenographer, or employe, shall be charged against the proper appropriation for the r.'spective office, commission, board or body, with which the person receiving the same is connected. PART 11.— FIRES. (1) PROTECTIVE SYSTEM. Sec. 1494-47. Stale and lonm fire, wardens. — The State forester shall also be State fire warden, and the assistant State forester shall be assistant State fire warden. The chairman of the town boards of the different towns in the State sliall be the town fire wardens for their respective towns, and the superintendents of highways for the differ- ent road districts within the different towns .fhall be assist- ant town fire wardens for theii' respective towns. The State fire warden shall give the necessary instructions to all fire wardens and supervise the execution of their work. Sbc. 1494-47a. Control o/ State force; emergency appoint- ments. — The State fire warden shall have general charge of the fire warden force of the State and sliall have authority to mass such fire warden force as may be available at any special point to supiire.ss fires. In cases of emergency, or when a town shall have no highway superintendents, or the town shall be unusually large, the State fire warden may, on recommendation of the town chairman, appoint, temporarily, needed fire wardens, whose duties and au- thority shall be the same as herein provided for town and assistant town fire wartlens. Sec. 1494^8. 1. Fire uardens to check and prevent fires; arrests without warrants; authority to impress citizens. — Each fire warden,' before entering upon his duties, shall take an oath of office and file the same mth the State fire warden. All fire wardens shall take prompt and effective measures against the spread and illegal .setting of forest, inarsli or swamp fires within their towns and districts and shall have the power of .slieriffs to arrest without warrant lor viola- lions of the provisions of sections 1494-47 to 1494-51, inclu- sive, and 44()5a,'^ and of any sections of the statutes relating to setting, failure to extinguish or care of fires. They shall have authority to (tall upon any able-bodied citizen, in ter- ritory in which they act, fci assist in extinguishing forest, marwli, swamp, and dllu-r running fires in su Assistants appointed bj' tlie State park board have all tlie powers of State and town tirewardens as provided in sections 149*-4S to 1494-51, inclusive, and sucti powers apply to State parks. (See Wis. Stat., 1913, sec. 1494t-3m., subsec. 18.) 'Seep. 6. forester is authorized to approve for payment not to exceed fifty per cent of the clear proceeds of any fine col- lected in an action brought for a violation of any of the provisions of sections 4405a or 4406 ' of the statutes, relating to setting, failure to put out or care of fires, where the evidence to secure a conviction is furnished by a town fire warden, an assistant town fire warden, or any other person. 3. Payments. — No payment shall be made tci any claim- ant under this .section tintil he shall have presented an itemized account and maile oath or affirmation that said account is just and correct, which account shall be audited and approved by the town board. The town board shall thereupon direct the town clerk to issue a warrant upon the town treasurer for the sum to which such claimant is entitled, and the town treasurer shall pay the same. 4. Expense of fire-fighting; tax levy. — The expense of preventing or extinguishing forest, marsh, swamp or other running fires by the town or assistant town fire wardens, and by those called upon by either of said fire wardens to assist them, shall be borne by the road district or districts within which the expense was incurred, and the superin- tendent of highways of each road district, or if there is no such superintendent then the town board, may levy and a.ssess a tax for defraying such expense. Such tax shall be collected in the same manner as other taxes, and such tax when so collected shall be paid into the town treasury from which such expense is paid. Sec. 1494-48a. 1. Emergency wardens and employes; compensation: how paid. — Each fire warden, appointed by the State fire warden to act in case of emergency, shall receive for his actual services rendered, two dollars per day, one-half of which shall be paid by the county where such service is performed, and one-half by the State; and any employe engaged by the State fire warden, or by any fire warden appointed by the State fire warden to assist in preventing or suppressing forest, swamp, marsh or other running fires shall receive for such services not more than twenty cents per hour, and said expense shall also be paid, one-half by the county where such service is performed, and one-half by the State. 2. No payment shall he made to any claimant under this section until he shall have presented an itemized account, and made oath or affirmation that .«aid account is just and correct, which ar( ount shall be approved by the county Ijoard, and audited by the county clerk. The county clerk ."hall thercuiron issue to such claimant his warrant upon the county treasurer for the sum to which such claimant is entitled, and the county treasurer shall pay the same. 3. f 0,00(1 limit. —The county clerk shall transmit the original oath and copy of the warrant to the secretary of state, who shall audit such claim, and one-half thereof shall be paid out of the general fund of the state treasury by warrant issued by the secretary of state upon the State >See p. 6. FORESTRY LAWS OF WISCONSIN. treasurer in favor of the county which paid such claimant, and such amount shall be forwarded to the county treasurer of such county. However, no county shall expend more than five thousand dollars under this section in any one year. Sec. 1494-49. Refusal of wardens to ■perform duties, or of citizens to assist; penalty. — Any fire warden who shall refuse to carry out the provisions of section 1494-48, or any able- bodied citizen who shall refuse to render assistance as provided by said section, shall be punished by a fine of not less than ten or more than fifty dollars, or by imprison- ment in the county jail for not less than ten days or more than thirty days, or by both such fine and imprisonment. Sec. 1494-50. Fire danger notices. — Each town fire warden and assistant town fire warden shall post or cause to be posted conspicuously, in those parts of his town or district where fires are likely to occur, all notices furnished him tor that purpose by the State fire warden. Sec. 1494-51. Reports of u-ardens. — Every assistant town fire warden, immediately after each fire within his district shall forward to the State fire warden and to the town fire warden a detailed report of said fire. The town fire warden shall report to the State fire warden, annually, on or before the first day of December, a summary of all forest fires within their towns or districts during the year and such other matters as the State fire warden may direct. Secs. 1494-54; 1494-55. Arrests.^—* * * Sec. 1494-56. Destruction of warning notices. — Any person who shall maliciously or wilfully destroy, deface, remove or disfigure any sign, poster, or warning notice posted under the provisions of sections 1494-41 to 1494-64 [62], inclusive, shall be guilty of a misdemeanor and punishable, upon conviction, by a fine of not less than fifteen dollars nor more than one hundred dollars, or by imprisonment in the county jail for a period of not less than ten days nor more than three months, or by both Buch fine and imprisonment. Sec. 1494-58. Civil liability.-— * * * Sec. 1498. 1. Fish and game warden, fire duties; trespass reports. — * * * jjg [tj^g state fish and game warden] shall also perform the same duties as are in section 1030c ^ prescribed for fire wardens, and shall further report to the land commissioners any information relating to the State lands as shall from time to time be required and concern, ing any trespasses thereon which may come to liis knowl- edge. * * * Sec. 1498b. 2. County wardens, fire reports. — All deputy or special [county] wardens shall make to the State lisli and game warden full and complete reports of their trans- actions as such, * * *. They shall also promptly make reports concerning forest fires and any trespasses upon the public lands that may come to their knowledge. * * * Sec. 1498b-2. Fish and game warden and special deputy and county wardens made fire luardens. — The State fish and ' See these sections, on pp. 9, 2, for provisions concerning arrests and prosecutions. 2 See tliis section, on p. 5, for civil liability for fires. > Sec. 1636c repealed and replaced by secs. 1494-J7, 1-194-48, and 1494-49- (See above, pp. 3 and 4.) game warden appointed under the provisions of section 1498, all special deputy wardens appointed under the provisions of section 1498a'' and all county wardens ap- pointed under section 1498b, are hereby appointed and created fire wardens within the meaning and under the provisions of sections 1498 to 1498b-2, inclusive. No compensation shall be paid fish and game wardens acting as fire wardens under the provisions of this act other than that received as game wardens. Sec 832. Duties of town clerk. — It shall be the duty of the [town] clerk: (13) To read to the people assembled at the annual town meeting, at the time fixed for the transaction of town business, the provisions of these statutes relating to the protection of life and property against forest fires. (2) RAILR0.4D FIRES. Sec. 1494-57. 1. Screens or wire netting on smokestacks; ash pans and fire boxes; logging locomotive defined. — Be- tween March first and December first it shall be unlawful for any logging locomotive, donkey, traction, or portable engine, and all other engines, boilers, and locomotives, except railway locomotives, operated in, through, or near forest, brush, or grass land, which do not burn oil as fuel, to be operated without a screen or wire netting on top of the smokestack and so constructed as to give the moat practicable protection against the escape of sparks and cinders from the smokestacks thereof, and each such engine shall be prov-ided with the most practicable de- vices to prevent the escape of fire from ash pans and fire boxes. The term logging locomotives as used in this sec- tion shall be construed to mean any locomotive operated on a railroad branch, line, or division, the chief or main business of which is the transportation of logs, lumber, or other forest products. 2. Spark arresters; employes to examine locomotives. — All locomotives operated on any railroad other than a logging railroad shall be equipped with the most prac- ticable spark arresters so constructed as to give the great- est possible protection against the escape of sparks and cinders from the smokestacks thereof, and each such en- gine shall be provided with the most practicable device to prevent the escape of live coals from ash pans and fire boxes, and said devices, between March first and Decem- ber first shall at all times be maintained in good repair. It shall be the duty of the superintendent of motive power or equivalent officer of each such railroad to designate an employe of such railroad at each division point and round- house who shall examine each locomotive each time it leaves the division point or roundhouse between March first and December first, and such employe shall be held responsible for the proper carrying out of the jirovisions of this subsection, but without relieving the company from its responsibility hereunder. 3. Locomotive inspector, poivers; appeal. — Any locomo- tive inspector designated by the State board of forestry shall have the power to reject from service immediately ' For sec. 1498a, and also sec. 1498b-l, see Wis. Stat., 1913. FOKESTEY LAWS OF WISCONSIN. any loromotive, donkey, traction, or portable engine which, in the opinion of tlie said insjioctor, is deficient in adequate design, construction, or maintenance of the fire protective devices designated in subsections 1 and 2 of this section, and any such locomotive, donkey, traction, or portable engine so rejected frorp service shall not be re- turned to service until such defects have been remedied to the satisfaction of the State board of forestry. In case of disagreement between said inspector and the owner of the locomoti\'e, donkey, traction, or portable engine so rejected from service as to the efhciency or proper main- tenance of said protective de\'ices, then the owner of said locomotive, donkey, traction, or portable engine may ap- peal to the railroad commission of '^'iscousin for a decision of said matter, but pending such decision the said loco- motive, donkey, traction, or portable engine shall not be returned to service. 4. Clearing right of way. — Every corporation maintain- ing and operating a railway shall, at least once in each year, cut and burn or remove from its right of way all grass and weeds and burn or remove therefrom all brush, logs, refuse material, and debris within a reasonable time, and whenever fires are set for such purpose, shall take proper care to prevent the escape thereof from the right of way. 5. Combustible deposits on track. — -No such corporation shall permit its employes to deposit fire, live coals, or ashes upon their tracks outside of the yard limits, except they be immediately extinguished. 6. Employes to report fires; instructions to section em- ployes; fire notices; railroads to concentrate help, etc. — Engineers, conductors, or trainmen who discover that fences or other material along the right of way or on lands adjacent to the railroad are burning or in danger from fire, shall report the same to the agent or person in charge at their next stopping place at which there shall be a tele- graph station. Corporations maintaining and operating railways shall give particular instructions to their section employes for the prevention and prompt extinguishment of fires, cause notices, which shall be furnished by the State forester, to be posted at their stations, and when a fire occurs along the line of their road, or on lands adjacent thereto, for which fire they are responsible, they shall con- centrate such help and adopt such measures as shall most effectually arrest its progress. 7. Eailroad fire patrol, duties of company and of State board of forestry, cost, civil and criminal action; neglect to extinguish fires, a misdemeanor. — All such corporations, during a dangerously dry season, and when so directed by the State board of forestry, shall provide fire patrols for duty along their tracks. Whenever the State board of forestry shall deem it necessary they may order such corporations to provide for patrolmen to follow each train throughout such districts as may be necessary to prevent fires. When the State board of forestry has given a cor- pora^n such notice that in its opinion the conditions require such patrol after trains, the corporation shall im- mediately comply with such instructions throughout the districts designated; or in their failure to do so, the State 92316—15 2 board of forestry may employ patrolmen, and furnish them with the necessary equipment to patrol the rights of way of such corporations, and the expense of the same shall be charged to the corporation and the same may be recoverable in a civil action in the name of the State of Wisconsin, and in addition thereto, the said corporation shall be deemed guilty of a misdemeanor. It is also made the duty of such corporation, acting independently of such State board of forestry, to patrol their rights of way after the passage of each train when necessary to prevent the spread of fires and to use the highest degrees of dili- gence to prevent the setting and spread of fires, and it is also made the duty of its officers and employes operating trains in this State, to use diligence in the extinguish- ment of fires set by locomotives or found existing upon their respective rights of way, and any negligence in this regard shall render such corporation or any officer or em- ploye thereof guilty of a misdemeanor. 8. State board of forestry to inspect engines. — The State board of forestry is authorized to inspect any locomotive, donkey, or threshing engine, railway locomotive, and all other engines, boilers, and locomotives operated in, through or near forest, brush, or grass land and to enter upon any property for such piupose, or where they may deem it necessary in order to see that all the provisions of this section are duly complied with. 9. Peijallies for violations of requirements. — Any person wilfully failing to comply ^vith the requirements of this section shall be deemed guilty of a misdemeanor and shall be punished, upon conviction, by a fine of not less than fifty nor more than five hundred dollars, or by im- prisonment in the county jail not exceeding one year, or by both such fine and imprisonment. Any corporation, by its officers, agents, or employes, wilfully violating the provisions of this section, shall be liable to a fine of not less than fifty dollars nor more than five hundred dollars for each and every such violation, to be collected in a civil action in the name of the State. 10. Appeal to railroad commission concerning fire pro- tection devices. — In case the State board of forestry and any corporation or individual operating any locomotive, donkey, or threshing engine, or any engine, boiler, or loco- motive can not agree as to the most practicable device or devices for preventing the escape of sparks, cinders, or fire from smokestacks, ash pans or fire boxes, then the same shall be determined by the railroad commission of Wisconsin. 11. Exemption. — The State board of forestry shall have the power to exempt from the provisions of subsections 1, 2, 3, and 4 of this section any railroad, when, in the judgment of said State board of forestry, conditions along the right of way are such that the reduced fire hazard renders such protective devices unnecessary. Sec. 1494-58. Civil liability for forest fires.— In addition to the penalties provided in section 1494-57, the United States, the State, the county or private owners, whose property is injured or destroyed by such fires, may re- cover, in a civil action, double the amount of damages 6 FOKESTEY LAWS OF WISCONSIN. suffered, if the fires occurred through wilfulness, malice or negligence. Persons or corporations causing fires in violation of sections 1494-41 to 1494-64 [62], inclusive, shall be liable to the State in an action for debt, to the full amount of all damages done to the State lands and for all expenses incurred by the towns fighting such fires. Sec. 1816a. 1. Damages for fires caused by locomotives or spreading from roadbed; insurable interest. — Each railroad corporation owning or operating a railroad in this State shall be responsible in damages to every person and cor- poration whose property may be injured or destroyed by fire communicated directly or indirectly by locomotive engines, in use upon the railroad owned or operated by such railroad corporation, or by the burning of grass. weeds or rubbish on right of way by employes of such corporation, and each such railroad corporation shall have an insurable interest in the property upon the route of the railroad owned or operated by it, and may procure in- surance thereon in its own behalf for its protection against such damages. 2. Action to recover damages; evidence; measure of dam- ages. — Whenever the property owned by any person or corporation shall be injured or destroyed by fire com- municated by locomotives in use upon any railroad owned or operated by a railroad corporation, or by the burning of grass, weeds and rubbish on the right of way by em- ployes of such corporation, so as to render the railroad cor- poration liable, im'der subsection 1 of this section, or other- wise, the owner of such property injured or destroyed may recover damages for such loss, and to recover the same it shal 1 only be necessary for him to prove the loss of or injury to his property, and that the fire originated in the manner hereinbefore stated. If such corporation fails or neglects to pay such damage within sixty days after notice in writing that a loss or injury has occurred, accompanied by an affidavit thereof, served upon any officer or station or ticket agent employed by such corporation in the countjr where such loss or injury occurred, such owner shall be entitled to recover from the corporation double the amount of damages actually sustained by him in any court of competent jurisdiction. If such company shall, within sixty days, offer in writing to pay a fixed sum, being the full amount of the damages sustained, and the owner shall refuse to accept the same, then in any action there- after brought for such damages, when such owner recovers a less sum as damages than the amount so offered, then such owner shall recover only his damages, and the rail- way company shall recover its costs. Sec. 1816b. lAmitalion of actions for fires.' * * * (3) FALLOW AND OTHER FIRES. Sec. 1636a. Order for close season, iiotice: penalty for vio- lation. — Whenever the supervisors of any town shall be satisfied that the burning of grass, stubble, logs or brush on any lands therein will be a source of public danger they 1 See this section, in Wis. Stat., 1913, for provisions concerning limita- tion o( actions against railroad companies for injuries caused by fires from locomotives. shall make an order in writing, which shall be signed by them, proliibiting the burning thereof on any such lands during such period as they shall deem best for the public interest, which order shall be revoked by them as soon as the cause for making it shall cease to exist. Such order shall be published at least once in a newspaper published in such town, if one be pulilished therein, and if not it shall be posted in three of the most public places therein at least three days before it shall be in force. Like notice shall be given of the revocation of the order, and such revo- cation shall be effectual from the time notice of it is given". Any jjerson who shall violate any such order .shall be pun- ished by a fine of not more than fifty dollars or by imprison- ment in the county jail not more than thirty days, or by lioth line and imprisonment. Sec. 4405a. 1. Notice of clo^e .'eosoii. — Whenever the town board of any town deems it imprudent to set fires upon any land within the town or district they shall post or cause to be posted notices in five public places in each township in such town or district forbidding the setting of fires therein, and after the posting of such notices no person shall set any fire upou any land in said town or district, except for warming the person or coolung food, until written permission has been received from one of the fire wardens of said town. 2. Camp fire; penalty. — All persons who start camp fires upon any land in this State shall exercise all necessary precautions to prevent damage therefrom, and shall entirely extinguish the same before 'leaving them. Every person \'iolating any provision of this section shall be punished by a fine of not less than ten nor more than fifty dollars, or liy imprisonment in the county jail not more than six months,for each offense. Sec. 4106. Failure to extingu.i h fire:, penalty; toilful or negligent setting of fires, penalty. — Any person who shall build a fire on any lands in this State not his own or under his control, except as hereinafter provided, shall, before leaving the same, totally extinguish it, and upon failure to do so shall be punished by a fine not exceeding one hun- dred dollars or by imprisonment in the county jail not exceeding one month, or by both such fine and imprison- ment. Any person who shall wilfully or negligently set fire to or assist another to set fire on any land, whereby such land is injured or endangered, or shall wilfully ornegli- gontly suffer any fire upon his own land to escape lieyond tiie Limits thereof, to the injury of the land of another, shall be punished as hereinbefore provided and l)e liable to the person injured for all damage that may be caused by the fire. PART III.— TAXATION. Sec 1494-101. Forest tree plantations exempted from taxa- tion; thinning out after 10 years. — In consideration of the public benefit to be derived from the planting and culti- vation of timber or forest trees, the owner of any tract of land in this State who shall set apart any specific portion thereof, not exceeding forty acres, for forest culture and plant the same with timber or forest trees, not less than rOEESTEY LAWS OF WISCONSIN. one thousand two hundred to the acre, shall lie exempted from taxation for the period of thirty years from the time of such planting to timber or forest trees. Such exemption shall only be allowed on condition that paid planted trees are kept alive and in a healtliy condition. A statement or return of such jjlantings shall be made to the aispessors when making the annual assessment, which returns shall be verified by tlie assessors and made the basis of such tax exemption. After said trees have been planted ten years, the owner may, without waiving the tax exemption, thin out the same so that not less than six hundred trees shall l)e left upon each acre. Sec. 1494-102. Applicant for exemplion to make and file plat . — A description and plat of all lands so planted shall 1)0 made in duplicate by tb.e person applying for an exemp- tion under the provisions of sections 1494-101 to 1494-111, inclusive. One copy of said description and plat sliall be tiled with the town clerk of the town in which said land is locatetl and the other copy of said description and plat shall be filed in the office of the State forester at Madison, on or before the first day of May of the year in wliich such exemption shall iirst be claimed. Sec. 1494-1015. [f plantation^ do not conform, fore'ter to cancel exemption. — The State forester is hereby authorized upon a written complaint being filed in his office that an exemption has lieen allowed on any plantation which has not been established or maintained in conformity with the provisions of section 149'1-101, to determine whether the facts as set forth in the complaint are just and true, and if he shall find such complaint to be true he shall cancel such exemptions by filing a statement to that effect with the town clerk of the town in which such plantation is located, and thereupon such plantation or so much thereof as is not so estaldislied and maintained, shall cease to be exempt from taxation until the same shall be replanted, and other- wise Ijrought within the conditions of sections 1494-101 to 1494-111, inclusive. Sec. 1494-104. Exemption u-ithin tieo miles of city or vil- lage. — Said exemption, as provided in section 1494-101, shall not api)ly to any lands witliin two miles of the limits of any incorporated city or village except upon written ai)])roval of the State forester, filed with tlie town clerk of the town in wliich such land is located. Sec. 1494-105. Exemplion privilege inriolable. — The planting of a tract in forest trees in compliance with the provi.sions of section 1494-101 to 1494-111, inclusive, and till' tiling (if the description and plat of the tract so planted as ijpivided in sectidu 1494-102, shall be taken and deemed to be an acceptance by the person planting the same of the exemption privilege granted in sections 1494-101 to 1494- 111, inclusive, and of the conditions imposed by siiid sec- tions upon such privilege; and, in consideration of the public benefit to be derived from the planting, cultivation and growth of such trees, the exemption of such land from taxation as herein provided shall be continued and is liereby assured, and the right to such exemption shall be inviolable and irrevocable as a contract obligation of the State, so long as the owner of the land so planted shall fully comply with and perform the conditions aforesaid, not exceeding said period of thirty years. Sec. 1494-106. Valuation of land prior to planting. — Any person intending to plant a tract of land in forest trees so as to secure the exemption jirivilego ])rovided in sections 1494-101 to 1494-111, inclusive, may have the value thereof determined in advance of such planting by the board of review of the town in which such tract is located. To procure such determination such person shall file in the office of the clerk of such town an application in writing containing a declaration of such intention, a correct description of the lands included in such tract and a request that the valuation thereof be determined by such board under the provisions of sections 1494-101 to 1494-111, inclusive. Said board at their first meeting after the filing of such application shall ])roceed to determine such value. For that ])urpo3e they shall have authority to summon witnesses and take testimony under oath. They may require such lands to be viewed by one or more members of such board, and may adjourn the matter for such time as may be necessary in order to secure needful testimony or information respecting the value of such tract. If such board shall determine the average value of such tract to be not over ten dollars per acre, such determination shall be final for all purposes of sections 1494-101 to 1494-111, inclusive, as to so much of such tract as shall be planted with forest trees in accordance -ndth the requirements of sections 1494-101 to 1494-111, inclusive, within two years after such determination. Hut if the board shall deter- mine such value to be more than ten dollars per acre, the owner of such tract shall not be precluded from making a new application in any subseciuent year. Sec 1494-107. Toiim board of review's meeting for raliia- tion. — The person filing such application shall be entitled to luive the value of such tract determined without delay and before the said board shall be convened for other pur- poses by including in his application a request that su(di determination be so made and by depositing with the town clerk a sum sufficient to defray the compensation of the members of said board for one day's attendance. The clerk shall thereupon fix a time at the earliest practicable date for a special meeting of such board to act upon sucli application, and shall give notice thereof to each member of said board, to be served by or at the expense of the applicant, in time to enable each member to be present. Such meeting shall be at the place fixed by law for the regular meetings of said board. The members of the board shall attend at the time and place designated in such notice and the board shall thereupon proceed to determine the value of such tract in the manner hereinbefore i)rovided. Sec. 1494-108. Town clerk to record valuations. — The town clerk sliall make a record of the proceedings and determination of the board of review upon each application under the foregoing jjrovisions and shall enter the same in the book containing the record of otlier proceedings of said board. The record of each determination shall include a description of the lands to wluch such determination relates. Such record shall be prima facie evidence of the FORESTRY LAWS OF WISCONSIN. facts therein stated, but failure to make the same sliall uot affect the validity of the action of the board. Sec. 1494-109. Valuation after planting; if exemption denied, forester to hear appeals. — When a tract of land shall have been planted in trees under the provisions of sections 1494-101 to 1494-111, inclusive, without previous deter- mination of the value thereof as hereinbefore provided, the allowance by the assessor and board of review, or by the board of review, of the exemption thereof under the pro- visions of sections 1494-101 to 1494-111, inclusive, shall be deemed to include a determination by such board that the value of such land at the time of planting did not exceed ten dollars per acre; and such determination shall have the same effect as if made before such planting. If such exemp- tion shall be disallowed, the action of the board of review disallowing the same may be reviewed by the State forester. To secure such review the claimant of such exemption shall file with the State forester an application in writing containing a description of the lands, a state- ment of the facts on which such exemption is claimed and of the disallowance thereof by such board, and a request for the review of such action by the State forester. Such application shall be accompanied by an undertaking on the part of the applicant with one or more sureties, ajjproved by the chairman or clerk of the town, for the payment of the expense of said forester upon such review in case the exemption claimed shall be disallowed by him. The State forester shall thereupon give notice of a time and place witliin the town at which he will hear the matter and any testimony that may be offered in relation thereto. A copy of such notice shall be mailed to the chairman and clerk of the town and to such applicant at least ten days before tlie time fixed in such notice. Said forester may adjourn such hearing from time to time if necessary, by filing notice thereof with the town clerk. lie may review and inspect the premises and may summon and examine witnesses under oath. His determination shall be made in writing and filed vfith the town clerk as soon as prac- ticable. Such determination upon written approval of the State tax commission shall be final, but if adverse to the claimant, it shall not preclude him from applying for like exemption in any subsequent year upon compliance with the requirements of sections 1494-101 to 1494-111, inclusive. Sec. 1494-110. Thirty years' exemption. — After the ex- emption provided in sections 1494-101 to 1494-111, inclu- sive, has once been allowed it shall continue for the period specified in sections 1494-101 to 1494-111, inclusive, unless canceled by the State forester as provided in section 149-4-103. Sec. 1494-111. Corporations, etc., entitled to privilege. — Any corporation, copartnership or other association of persons, as well as individuals, shall be entitled to the exemption rights and privileges herein provided, upon compliance with the conditions and requirements of sec- tions 1494-101 to 1494-111, inclusive. Sec. 1092m. Forest reserve lands.^ — * » * See this section, on p. 9, for provisions concerning taxation of lorest reserve lands. PART IV.— STATE FOREST LANDS. (1) STATE FORESTS. Sec 1494-43. 1. Creation of State forest reserve; sale and exchange of reserve lands. — The sale of all lands belonging to the State north of town thirty-three shall cease upon the passage of this act, and such lands and all lands re- verting to the State north of town thirty-three and all State lands within the Menominee, Stockbridge, and Munsee Indian reservations shall constitute the State for- est reserve; provided that those State lands within said forest reserve which after examination by the State for- ester are found by him to be more suitable for other pur- poses than for the purposes of the State forest reserve, because of their character, condition, extent, or situation, shall be sold by the commissioners of the public lands, upon the recommendation of the State forester and with the approval of the State board of forestry. The State board of forestry is also authorized to exchange lands upon the basis of equal value as determined by them. 2. Management of reserve, assistance, conservative lumber- ing, nurseries, fire lines, etc., sale of wood, timber, etc.' — The State forester shall, under the supervision of the State board of forestry, direct the management of the State for- est reserve, to which end he may employ the necessary assistance, and may upon said reserve institute conserva- tive lumbering, make and maintain forest niuseries, plan- tations, and fire lines, and execute other silvicultural and protective measures necessary to the highest permanent usefulness of said reserve to the State. In such conserva- tive lumbering the State forester is authorized, under the supervision of the State board of forestry, to remove or cause to be removed and sell, when and in such manner as he may deem advisable, wood, timber, or other prod- ucts from said reserve. 3. Advances to State forester to pay temporary laborers. — The State treasurer is hereby authorized to appoint the State forester as a special fiscal agent of the treasury department. When the State forester shall have deposited satisfactory security with the State treasurer, there shall be advanced to the State forester from the forest-reserve fund not to exceed five hundred dollars, and at no one time shall such advances amount to more than five hun- dred dollars. The State forester shall use such advances only in paying temporary laborers upon the forest reserve, and upon the presentation of receipts properly executed, the State treasurer shall relieve the State forester from all liability for the amounts covered by such receipts. Sec. 1494-44. Grants of land for State forest reserve. — The State board of forestry is hereby authorized, when in its judgment it is advisable, to accept on behalf of the State any grant of land within the State, which shall become a part of the State forest reserve; provided, that no such grant shall be accepted until its title has been examined by the attorney-general and a report made to said board of the results of such examination. Sec. 1494-52. Trespass agents; fees. — The State forester shall also be State trespass agent and the assistant State FORESTRY LAWS OF WISCONSIN. forester, assistant State trespass agent. As State trespass agent, the State forester shall appoint, and may remove from office, such trespass agents as he may deem expedient. He shall give the necessary instructions to said trespass agents and shall supervise the execution of their work. The State forester is authorized to approve for payment to any trespass agent or other person, upon whose evidence successful action is brought for trespass upon any portion of the State forest reserve, not to exceed twenty-five per centum of the amount collected for such trespass, which payment shall be made by the State treasurer; provided, that in no case shall such payment exceed five hundred dollars. Sec. 1494-53. Oath and liabilily of trespass agents. — Every person appointed as trespass agent under authority of sec- tion 1494-52, shall, before entering upon his duties, take and subscribe the following oath of office: "I do solemnly swear that I will support the Constitution of the United State and of the State of ^^'isconsin; that I will not engage, either directly or indirectly, in the purchase for my own benefit or for the benefit of any other person, of any State lands or products fi'om said lands, so long as I remain a trespass agent; and that 1 will faithfully and to the best of my ability discharge the duties of such position, so help me God." Such oath of office shall be filed with the State forester. Any trespass agent who violates the terms of his oath regarding the purchase of State lands or products therefrom, shall be punished by a fine of not less than three times the price paid for said land, or three times the market value of said products, or by imprisonment in the county jail for not less than thirty days or more than ninety days or by both such fine and imprisonment. Sec. 1494-54. Powers of trespass agents to arrest without ■warrant; reports. — All trespass agents shall have the power of sheriffs to arrest without warrant for any violation of the provisions of sections 1494-41 to 1494-()4 [62], inclu- sive. It shall be the duty of every trespass agent to im- mediately report to the State forester and the district attorney of the county in which such trespass is com- mitted, all cases of trespass upon State lands, which come to his knowledge, and to furnish these officers with infor- mation required by them concerning said trespass. Sec. 1494-59. Criminal action; forest trespass. — Every person who, unlawfully cuts, or injures any kind of wood or timber standing, lying or growing upon the lands of another, or of the State, or of the United States, or upon any public highway, or unlawfully and wilfully injures or destroys or- carries away any of the products of such wood or timberlandsisgiiiltyof a misdemeanor, and upon conviction, shall be fined not less than twenty-five dol- lars nor more tlian one thousand dollars, or be imprisoned not less than fifteen days nor more than throe years, or by both such fine and imprisonment. Sec. 1494-60. Ciml liability for forest trespass. — In addi- tion to the penalties provided in section 1494-59 for wilful trespass on forest lands, the State, the county or the pri- vate owners upon whose lands the wilful trespass was com- mitted, may recover in a civil action double the amount of damages suffered. This section .shall not apply to the cutting of wood or timber from uncultivated woodland for the repair of a public highway or bridge upon or adja- cent to the land. Sec. 1494-61. Forest rcserrt fund. — All moneys received from the sale of wood, timbor, minerals, or other products, and from the sale of State forest reserve lands, and penal- ties for trespass thereon, as hereinbefore provided, except when otherwise disposed of by constitutional provision, shall be paid into the State treasury and shall consti- tute a forest reserve fund which shall be disbursed only for the purchase of lands to be added to the Slate forest reserve and for defraying the necessary expense incident to the examination of title to such lands and for the im- provement and protection of said reserve and for the em- ployment of the necessary assistance therefor, as herein- before provided, by or upon the order of the State for- ester, with the approval of the State board of forestry. Sec. 160f. Interest from, forest reserve and forest-reserve income funds. — * * * fhe total interest by all depos- itories shall be apportioned by the State treasurer among, added to and become a part of the several funds as fol- lows: * * * that received from the forest reserve fund and the forest reserve income fund, to the forest reserve income fund; according to the average amount of each such fund on hand the first day of each month. Sec. 1092m. 1. Taxation of forest-reserve lands. — As soon as practicable after the passage of this act and on or before the first day of May in each year hereafter, the State for- ester shall file with the tax commission a list of the forest reserve lands owned by the State of Wisconsin within the following counties or portions of counties: In Forest county all that portion situated north of the north line of township thirty-seven (37) north; in Oneida county all that portion north of the north line of township thirty- seven (37) north except the east halt of township thirty- eight (38) north, range nine (9) east, the south two-thirds of township thirty-eight (38) north, range ten (10) east, township thirty-eight (38) north, range eleven (11) east, and township thirty-nine (39) north, range six (6) east; in Vilas county all except the south half of township forty (40) north, range six (6) east, township forty (40) north, range ten (10) east, township forty-one (41) north, range ten (10) east and the north two-thirds of township forty-one (41) north, range eleven (11) east; in Iron county township forty-one (41) north, ranges two (2), three (3) and four (4) east and townships forty-two (42) and forty- three (43) north, range four (4) east; in Price county townships thirty-eight (38), thirty-nine (39), and forty (40) north, range three (3) east; and the State forester shall designate the town and county in whi<'h such lands are situate. 2. On or before the first day of November of each year the tax commission shall assess and determine the value of the lands referred to in subsection 1 of this section, and said commission shall cause to be filed with the several town and county clerks of each town and of each county within which any of siu:h lands are situated a certified 10 I'OKESTEY LAWS OF WISCONSIN. list of Bucli lands aud of the ^'alue so placed upon the same by said tax commission. 3. The said lands shall be included in the tax roll of each of said towns and shall be subject to taxation for all except State jjurposes at a rate not to exceed one and one- quarter per centum of the assessed value in said several towns and the State of Wisconsin hereby expressly con- sents to such taxation of such lands, for the reason that these lands are within the boundaries of the proposed permanent forest reserve. 4. The several town treasurers, upon leceipt of the tax roll of each year, shall immediately certify to the secretary of state the amount of the tax due from the State upon said lands, and thereupon there shall be paid to such town treasurers by the State treasurer the amounts so due. 5. The assessor of incomes of each county in which any such lands are situated may apply for reassessment under the provisions of section 1087^r) > of the statutes or may appeal from the equalization of the county board in accord- ance with the provisions of .sections 1077a to W77l ' of the statutes. 6. There is appropriated out of any money in the State treasury not otherwise appropriated, a sum sufficient to carry out the provisions of this section. Sec. 1494-121. State lands und timber in Indian reserva- tions; appraisal. — The State board of forestry of Wiscon- sin are hereby authorized in their discretion to cause an appraisal to be made of all State lands and the timber thereon which are included within any of the several Indian reservations in Wisconsin and to pay for said appraisal from the forest reserve fund. Sec. 1494-122. Report. — The results of said appraisal shall be reported by the State forester to the State board of forestry and to the commissioners of public lands of this State. Sec. 1494-123. Sale to United States. — When said ap- praisal is completed the said commissioners of public lands are hereby authorized to convey all the right, title and interest of the State therein to the United States if the United States within a reasonable time shall authorize the payment to the State of Wisconsin of the full amount found by said appraisal to be the value of said lands and the timber thereon. Sec. 1494-124. Proceeds to forest reserve fund. — All moneys received for said lands and timber thereon from the United States shall be paid into the State treasury and, except when otherwise disposed of by constitutional provision, shall constitute.a part of the forest reserve fund, which part shall be disbursed only for the purchase of lands by the State to be added to the State forest reserve. Sec. 1494-131. Forest reserve, purchase at tax sales, and other lands; cost charged to appropriation for commissioners of public lands. — The commissioners of public lands are hereby authorized to acquire lands nortli of Town 33 for the forest reserve by purchase at tax sales, and other lands which may hereafter be acquired by any county under tax deeds and also lands which have been heretofore acquired ' For these sections, see Wis. Stat., 1913. by said counties and which remain unsold. The com- missioners of public lauds may also, upon the request of the State Board of Forestry, purchase other lands as additions to the State forest reserve.- The cost of siich purchases shall be charged to the proper appropriation for the com- missioners of the public lands. Sec. 1494-132. County tax deeds; purchase by State. — Whenever any county in this State north or partly north of town 33 is entitled to a tax deed upon a certificate of sale upon any real property in this State, the county clerk of such county shall at the time of deeding such land to the county, file in the office of the commissioners of public lands a list of said lands and the date of the tax deed and the record thereof, together with a statement of the total amount due the county for taxes, interest, fees and ex- penses in acquiring such tax title. The lands so acquired by any such county shall not be sold by the county except to the State until one year after the taking of such deed unless the commissioners of pubUc lands shall give notice to said county that the State does not desire to acquire title thereto. Sec. 1494-133. County must sell to State; price; interest. — The commissioners of public lands may select any or all of such tax title lands within one year from the date of the recording of a tax deed thereon conveying the same to the county and shall pay therefor to the county not to exceed the total amount due said county for taxes, interest, and charges together with interest not to exceed six per cent from the date of such deed, and the county clerk of any county owning any such lands is hereby authorized and directed to execute a deed of such lands to the State of Wisconsin upon payment of the purchase price thereof as agreed upon by the State and county and the purchase price thereof shall be paid to the county treasurer of such county from the general fund of the State within the amount ai»propriated for this purpose on the order of the commissioners of public lands after being audited by the secretary of state. Sec. 1494-134. Redemption from State. — All statutes of limitations now or hereafter in force applicable to persons holding lands under tax deeds shall apply to the State and to the original owners of such lands acquired and actions may be brought against the State within the period pro- vided by such statutes of limitation to recover such lands from the State, but in all such actions no costs shall be recovered against the State, and the original owner in case of recovery shall comply with the provisions of section 3087,3 of the statutes. Sec 172-37. 3. Appropriation. — There is annually ap- propriated, beginning July 1, 1913, ten thousand dollars, payable from any moneys in the general fund not otherwise appropriated, for the commissioners of the public lands to 2 .\11 further purchases of lands for the State forest reserve are inhibited until the special legislative committee appointed at the 191.3 legislative session shall have reported to the following regular session, and imtil the first day of July, 191."j, upon the question of the advisability of certain lands being included within the State forest reserve. (See volume of session laws of 1913, chap. (170, sec. 2.) 3 For this section, see Wis. Stat., 1913. FORESTRY LAWS OF WISCONSIN. 11 carry into effect the pro\'isions of sections 1494-1;>1 to 1494-134, inclusive. •Sec. 1072-1. 1. Approprialion for purchase of forest re- serve lands; forestry investment fund; continuous. — There is herewith appropriated annually for a period of five years the sum of fifty thousand dollars, which amount shall constitute the "forestry investment fund," and all interest received from the said investment fund shall be added to and become a part of said fund. All moneys in such fund are appropriated and shall only be used to pur- chase forest reserve lands and for the Irax'eling expenses of the legislati\'e forest reser\'e committee hereinafter pro- vided for; but any part of tlie appropriation not used in any year shall be available and may be used for such purpose in any subsequent year. 2. Stale forester cmpovcred to purchase. — The State for- ester under the supervision of the State board of forestry is authorized to enter into contracts to purchase lands as additions to the forest reserve and to make payments on such lands from the forestry investment fund as moneys become available. 3. Condemnation proceedings. — \\'henever the State board of forestry shall require any lands for State forest reserves and shall be unable to agree with the owners thereof upon the amount of compensation to be paid there- for, or when for any reason no such agreement can be made without, in the opinion of said board, um'easonable delay, the said board is authorized to determine the value of said lands and the damages resulting to the owner from the taking thereof in the manner and with the effect provided as to commissioners appointed by the judge of the circuit court under the provisions of sections 605, 606, 607 of the statutes. 4. Forest Reserve Committee; report to legislature. — On or before March 1, at each regular session of the legisla- ture a legislative committee of five members shall be appointed in tlie following manner and for tlie following purposes, viz: The president of the senate shall appoint two members of the senate and the speaker of the assembly shall appoint three members of the assembly, and such committee shall be known as the "Forest Reserve Com- mittee." The committee during the regular session for which they are appointed shall visit the forest reserve and report to the legislature during the same session as to the purchases of land made since the last regular session, and also prospective purchases, and so far as possible such legislative examination shall be so conducted that each legislative committee will supplement and complete the work of former legLslativo committees in examining both past and prospective p>u-chases of forest reserve lands. Sec I4i)7k. Brule river forest reserve. — II. is hereby declared to be the purpose and policy of the State to for- ever prohibit the building or miuntaining of any dam or dams upon the Brule river or any of its tributaries in Douglas county, Wisconsin, * * * It is further declared that it shall be the policy of the State to form a forest reserve of lands about and along the said Brule river and its tributaries. * * * Sec. 257. 2. Leasing forest reserve lands; disposition of moneys from cutting hay or picking cranberries. — In all- counties or portion of counties north of to^vTl thirty-three, the State board of forestry may lease any State lands for the purpose of cutting hay or picking cranbemcs there- from, under s\ich rules and regulations and for such cash price as they may determine; but it shall not be lawful to cut any timber or do any waste tJiereon . In all counties or portions of counties north of town thirty-three, which are witliin the permanent forest reserve area, to wit: Florence, Forest, Oneida, Vilas, Iron, Price and also within the Brule forest roser\e on the Brule river in Douglas county, the moneys recei\nd from the sale of hay or cranberries shall be paid into the forest reserve fund, but the moneys received from the sale of hay or cranberries in any other county or portion of a county north of town thirty-three, shall be paid by the State board of forestry to die towTi clerk of the town witJiin which such hay or cranberries were sold. All moneys so received from the State board of forestry by any town clerk shall be added to the drain- age fund of the town. Sec 1421-30. 1. Tuberculosis camp in forest reserves. — The State board of control of Wisconsin is hereby au- thorized to establish and operate a camp and farm in the forest reserves in which persons who are tlireatened with or who are recovering from tuberculosis may be received ar^d cared for, and the State board of forestrj' ia authorized to co-operate with and aid said State board of control of Wisconsin in tlie erection of a camp or camps on any State forest reserve lands appropriate therefor which may be designated by said board. 3. Employment of patients in forest reserve. — The State board of forestry shall co-operate viidi the State board of control of Wisconsin in the employment of persons received into said camp and shall, so far as practicable, engage any such persons to do necessary work witliin the State forest reserve, * * * Sec 4442. Trespass.' * * * (2) OUTSroE OF STATE FORESTS.: Sec. 1494-54 Secs. 1494-59; lion. •» * * * 1 See this section, on p. 12, for general law prescribing penalty tor trespass on State lands. 2 The authority confen*ed upon the Commissioners of the Public Lands (consisting of the secretary of st^te, treasurer and attorney general), to have ''the general care and supervision of all lands belonging to the Stat e, or in which it has an interest, or which are or may be held in trust for it, unless the superintendence thereof is vested in some other ofTicer, body or board,*' includes the following duties and powers of a forest adminis- trative nature: 0) Sale and lease, and protection of such lands; (2) seizure of lumber, timber, bark, etc., unlawfully cut upon such lands; (3) with- holding of patent for lands which have been trespassed upon, except upon compliance with the conditions in sec. 241, concerning payments for the land, and of the amount required as penalty for the trespass, and of all expenses connected with the seizure and care of the timber, etc., wrongfully taken, secs. 1S5-242: (4) sale of timber on public lands "which has been damaged by fire or winds, on such terms and in such manner as they shall deem best for the interests of the State." (Sec. 210b.) 5 See this section, on p. 9, for provisions concerning trespass on State lands. * See these sections, on p. 9, for provisions concerning criminal and civil action for trespass on State and other lands. 1494-60. Criminal and civil ac- 12 FORESTRY LAWS OF WISCONSIN, Secs. 1498; 1498b; 1498b-2. Fish and game wardens; trespass reports.^ * * * Sec. 243. Trespass; duties of sheriffs, town officers, and district attorneys; fees. — All sheriffs and town officora are especially charged to immediately communicate to the district attorney any and all information received by them respecting the commission of any trespass or waste upon the public lands and to enter complaint against the offender before some justice of the peace. Every district attorney, immediately upon receiving informa- tion of any such trespass upon lands in his county, shall prosecute the proper criminal action against such offender and advise said commissioners thereof, and shall, when required, prosecute a civil action for damages for any such trespass or to recover the possession of any materials taken from any such land. The commissioners may order to be paid to said district attorney out of fines collected from any person guilty of such offense a sum not exceed- ing ten per centum, and to the witnesses or other persons furnishing information of such offense a sum not exceed- ing twenty-five per centum of such fines collected. Sec 4442. Trespass: penalty. — Any person who shall cut down, injure or destroy any tree or timber growing or standing upon land belonging or mortgaged to or held 1 See these sections, on p. 4, for duties of the fish and game wardens concerning fires and trespass on State lands. in trust by the State, or who shall take and carry away any timber or wood so cut or severed, or previously cut or severed and remaining upon such land, * * * or who shall wilfully, maliciously or wantonly cut down, injure or destroy any tree or timber growing or standing upon land belonging or mortgaged to or held in trust by any county in the State, or take and carry away any timber or wood so cut or severed, or previously cut or servered and remaining upon such land, * * * shall be punished by imprisonment in the county jail not more than six months or by fine not exceeding one hundred dollars. PART v.— MUNICIPAL FORESTS. Sec. 776. Powers of town meeting. — The qualified elec- tors of each town shall have power at any annual town meeting: * * * (12ni) Acquiring wood lot. — To authorize the town board to acquire by purchase or otherwise a sufficient tract of land to use and maintain as a wood lot and to preserve and reforest the same under regulations approved by the State board of forestry. The sale of such wood lot may be authorized or directed in like manner.'' ! The employment of city foresters by boards of parlf commissioners iQ cities of the first class is authorized by chapter 408, Laws 1911. (See volume of Session Laws.) INDEX. Page. I Agricultural deparlmeut, State, deau of, a member of State board of forestry (sec. 1494-41) 1 Appeals: To railroad commission (sec. 1494-57) 4,5 To State forester (sec. 1494-109) S Appropriations: For salaries and other expenses of forejit administration (sec. 1494-62) 2 For State parks (sec. 1494-42) 1 Salaries, etc., of employees to be charged against proper appro- priation (sec. 170m) 2 For expense involved in taxation of forest reserve lands (sec. 1092m) 9,10 Cost of certain purchases tor additions to State forest reserve to be charged to appropriation for commissioners of public lands (sec. 1494-131) 10 For forestry investment fund (sec. 1072-1) 11 (See also Funds.) Arrests without warrant (sees. 1494-48. 1494-54) :S, 9 Ash pans (sec. 1494-57) 4 Assistant State firewarden. (.See Fires.) .\ssistant State forester: Appointment; qualifications; salary and expensej^; duties (sec. 1494-46) 2 Made assistant State firewarden (sec. 1494-47) 3 (For duties connected with fires, see Fires.) (For other duties connected with State lands, see State forest lands.) Assistant town firewardens. (Sec Fires — (1) Protective system.) .\ssistants, employment of; salaries, etc. (sec. 170m) 2 Attorney general member of State board of forestry (sec. 1494-41).. 1 Boards of park commissioners, employment of city foresters by, in cities of the first class (chap. 408, Laws 1911) 12 Boilers, screens, etc., on, and inspection of (sec. 1494-57) 4,5 Bridges, timber for repair of (sec. 1494-60) 9 Brule River Forest Reserve: Dams prohibited along river (sec. 1497k) 11 Leasing lands in, for cutting hay and picking cranberries (sec. 257) II Brush lands, screens, etc., on, and inspection of engines operated near or through (sec. 1494-57) 4,5 Bulletins by State forestry commission (sec. 1494-43a) 2 Camp fires (sec. 4405a) Camp, tuberculosis (sec. 1421-30) 11 Cities and towns: Cooperative forestry work (sec. 1494-45) 2 (For fire duties of town officers, see Fires— (1) Protective sys- tem; (3) Fallow and other fires.) Town clerk to read fire laws to people (sec. 832) 4 Expenses Incurred by towns (sec, 1494-58) 5,0 Exemption from taxation of forest-tree plantations within (sec. 1494-104) 7 Duties of town boards of review in connection with forest-tree plantations exempted from taxation (sees. 1494-106, 1494-107, 1494-108) 7 City foresters (chap. 408, Laws 1911) 12 Clerks, employment of; salaries, etc. (sees. 1494-42, 170m) 1,2 Closed seasons (sees. 1636a, 4405a) 6 Commission, State forestry (sec. 1494^3a) 2 Commissioners of the public lands: Sale of forest reserve lands by (sees. 1494-13, 1494-61) 8,9 Sale of State lands and timber within Indian reservations by (sees. 1494-121 through 1494-124) 10 Commissioners of the public lands— Continued. Page. Purchase of lands by, for State forest reserve (sees. 1494-131 through 1 494-134) 10 Personnel; jxiwers and duties concerning State forests (fool- note 2 re sees. 185-242, 210b) ;l State fish and game warden to report to commissioners tres- passes on State lands (sec. 1498) 4,12 To be advised by district attorneys of prosecutions for trespass on State lands (sec. 243) 12 Payment by, of fees in cases of prosecutions for trespasses on State lands (sec. 243) 12 Committee, Forest reserve (sec. 1072-1) II Corapen.sation. (See Salaries and expenses.) Condemnation proceedings (sec. 1072-1) II Conservative lumbering on State forest reserve (sec. 1494-43) 8 Cooperative forest work (sees. 1494-42, 1494-45) 1.2 Comities: Cooperative forestry work (sec. 1494-45) 2 Prosecutions by, for timber trespass on lands of (sees. 1494-59, 1494-60) 9 Recovery of damages by, for railroad fires (sec. 1494-58) 5,0 Payment of emergency wardens; limit of amount (sec. 1494- 48a) 3 Cranberries, proceeds from (sec. 257) . . .■. 1 1 Dams: Certain duties of State board of forestry and State forester (footnotes to sees. 1494-41,1494-42) 1 Prohibited on Brule River and tributaries in Douglas County (sec. 1497k) 11 Data, forest (sec. 1194-42) 1 Dean of State agricultural department member of State board of forestry (sec. 1494-41) 1 Deputies, employment of; salaries, etc. (sec. 170m) 2 Director of State geological survey member of State board of forestry (sec. 1494-41) 1 District attorneys: To prosecute violators of " forest act "; penalty for failure to do so (sec. 1494-55) 2 To prosecute in cases of trespass upon public lands; fees to (sec. 243) 12 Donkey engiues, screens, etc., on, and inspection of (sec. 1494-57). 4,5 Drauiage funds of towns (sec. 257) 11 Emergency firewardens. (See Fires— (1) Protective system.) Engines (sec. 1494-57) 4,5 Exchange of forest-reserve lands (sec. 1494-13) 8 Expenses. (See Salaries and expenses.) Farm, tuberculosis (sec. 1421-30) U Federal cooperation in forestry work (sec. 1494-45) 2 Fees, to mformants, district attorneys, and witnesses (sees. 1494- 48, 1494-52, 243) 3,8,12 Fire boxes (sec. 1494-57) 4,5 Fire lines, on State forest reserve (sec. 1494-43) 8 Fire notices: Postmg (sees. 1494-50,1494-57, 1636a, 4405a) 4,5,6 Destruction of; penalty (sec. 1494-56) 4 (See also Orders.) Fire-killed timber (footnote re sees. 185-242, 210b) II Firewardens. (See Fires— (1) Protective system.) Fires: (I) Protective system- State forester to prevent and e.xtmguish (sec. U94-42) 1,2 State fu-ewarden and assistant State firewarden created; instruction and supervision of firewardens (sec. 1494-47) 3 Town firewarden and assistant town firewarden created (sec. 1494-47) 3 13 14 Fires— Continued. Pagp. (1) Protective system— Continued. Control of State fire force (sec. 1494-47a) 3 Emergency firewardens, appointment and duties of (sec. 1494~47a): compensation: how paid (sec. 1494-48) 3 Employees engaged by State firewardens, compensation of; how paid (sec. 1494-48) 3 Firewardens to check and prevent fires; power to arrest without warrant (sec. 1494-48) 3 Firewarden powers of assistants appointed by State park board (footnote to see. 1494-48) 3 Citizens may be impressed; compensation; penalty for refusal (sees. 1494-48, 1494-49) 3,4 Fees to informants paid by towns upon appro\'til of State forester (sec. 1494-48) 3 E.xpense of fire-fighting by town wardens, how paid; tax levy (sees. 1494-48. 1494-58) 3,5,6 Refusal of wardens to perform duties; penalty (see. 1494-49) ^ Notices (sees. 1494-50, 1494-56, 1494-57, 1636a. 4405a) 4.5.6 Reports by wardens (sec. 1494-51 ) 4 Arrests and prosecutions for violations of fire laws (sees. 1494-55, 1494-48, 1494-54, 1494-57, 1494-58) 2.3,4-0 Fire duties of State fish and game warden, and deputy and special (county) wardens; created firewardens; no compensation (sees. 1498, 1498b, 1498b-2) 4,12 Fire lines on State forest reserve (sec. 1494-43) s (2) Railroad fires- Screens or wire netting on smokestacks of engines; ash pans and fire boxes; spark arresters; appeals from decisions (sec. 1494-67) 4,5 Employees to examine locomotives (sec. 1494-57) 4.5 Powers of locomotive inspectors (sec. 1494-57) 4.5 Powers of State board of forestry concerning defective '^ engines; appeals from decisions of (sec. 1494-67) 4,5 Clearing rights of way (sec. 1494-57) 4,5 Combustible deposits on tracks (sec. 1494-57) 4,5 Employes to report fires; instructions to section employees (sec. 1494-57) 4,6 Concentration of help (sec. 1494-57) 4,5 Patrol, duties of corporation and of State board of for- estry; expenses; civil and criminal liability (sec. 1494-57) 4, 6 Inspection of engines by State board of forestry (sec. 1494- 57) 4,5 Penalties for violation of regidations; civil liability (.sees. 1494-57, 1494-58) 4-C Exemption from fire precaution requirements (sec. 1494- 57) 4,5 Railroads responsible in damages; evidence; delayed pay- ment (sec. 1816a) 6 Insurable interest (sec. 1816a) G Limitation of actions (sec. 1816b) (3) Fallow and other fires- Closed seasons for burnings, notice of, by town supervis- ors (sec. 1636a); by town boards (sec. 4406a) ' 6 Camp fires; setting out fires; failure to extinguish; penalty (sees. 440.5a; 4406) C Fiscal agent, special, State forester appointed (sec. 1494-43) 8 Fish and game wardens, fire and trespass duties of (sees. 149S, 1498b, 1498b-2) 4, 12 Forest lands: Screens, etc., on and inspection of engines operated near or through (sec. 1494-57) 4.5 (See alio State forest lands.) Forest protection and management, report upon State system of; plans tor improving; cooperative work in (sees. 1494-42, 1494-45) . 1,2 Forest rangers, traming of (sec. 1494-42) 1,2 Forest-reserve committee (sec. 1072-1) 11 Forest-reserve fund (sees. 1494-61, 160f, 1494-121 through 1494-124, 257) 9, 10, 11 Forest-reserve income fund (sec. 160f) 9 Forest reserves. State. (See State forest lands— (1) State forests.) Forester. (See State forester.) Foresters, city (chap. 408, Laws 1911) 12 Forestry commission. State (sec. 1494-43a) 2 Forestry investment fund (sec. 1072-1) 11 Forestry work, duties of State board of forestry and State forester concerning (sees. 1494-42, 1494-46) 1,2 Funds: Forest reserve fund (sees. 1494-61, 160t, 1494-121 tluough 1494-124, 257) 9, 10, 11 Forest reserve income fund (sec. 160f ) 9 Forestry investment fimd (sec. 1072-1 ) 11 Drainage fund of towns (sec. 257) 11 (See also Salaries and expenses; Appropriations.) Geological survey. State. (See Surveys.) Grants of land for State forest reserve (sec. 1494-44) 8 Grass lands, screens, etc., on and inspection of engines operated near or through (sec. 1494-57) 4,5 Hay, proceeds from (sec. 257) 11 Highways; District superintendents of, made town firewardens (sec. 1494- 47) 3 Liabilities for timber trespass on (sees. 1494-59, 1494-60) 9 Timber tor repair of (sec. 1494-60) 9 Indian reservations: State lands within, included within State forest reserve (sec. 1494-43) 8 Sale of State lands and timber within (sees. 1494-121 through 1494-124) 10 Individuals, cooperative forestry work (sec. 1494-45) 2 Inspection of engines (sec. 1494-57) 4,5 Inspectors, locomotive (sec. 1494-67) 4.5 Insinable interest (sec. 1816a) 6 Lands in private ownership: Screens, etc., on, and inspection of engines operated in or near forest, brush, or grass lands (sec. 1494-57) 4,5 Fires on. (See Fires— (2) Railroad fires; (3) Fallow and other fires.) Liability for timber trespass on (sees. 1494-,W, 1494-60) 9 Lectures (sec. 1494-42) 1,2 Legislative forest-reserve committee (sec. 1072-1) 11 Liability: Criminal — Of district attorneys and magistrates for failure to prose- cute and issue warrants (sec. 1494-55) 2 Cf firewardens for refusal to perform duties (sec. 1494-49). 4 ( ' f citizens for refusal to fight fires (sec. 1 494-49) 4 ft railroads for failure to provide fire patrol or e.xtinguish fires (sec. 1494-57) 4,5 Penalties for failure to comply with requirements con- cemmg railroad fires (see. 1494-57) 4, 5 For violations of closed-season orders, and for failure to extinguish camp or other fires (sees. 1636a, 4406a, 4406). 6 Of trespass agents (see. 1494-53) 9 CivU— Of railroads for cost of Are patrol (sec. 1494-67) -^. 6 Civil action against railroads for violation of fire regula- 5,6 lions (sec. 1494-57) Measure of damages for railroad fires; liability to State for fire damage to State lands and for cost of extinguishing (sec. 1494-.58) 5, 6 Raihoads responsible for fires (sec. 1816a) , Limitation of actions (sec. 1816b) Locomotives, (See Fires — (2) Railroad fires.) Logging locomotives: Screens, etc., on and inspection of (sec. 1494-57) 4, 5 Defined (sec. 1494-57) 4,5 Lumbering, conservative, on State forest reserve It shall be [its] ' duty to examine all timbered lands belong- ing to the State, and report to the Conservation Commission upon their timber condition and actual value, and also whether some of those lands may not be held as State forest reserves. [It] shall be responsible for the protection and management of lands donated to or purchased by the State, and of all other lands reserved by the State as State forests. [It] shall make statistics of forest conditions, of forest resources of the State, the extent of forest injuries, conduct experiments in tree planting and note the effect of forest grazing and turpentining and along other lines of forest work. [It] ' shall prepare an annual report of the progress and conditions of the State work in forestry to the Conservation Commission and therein recommend plans for impro\'ing the State system of forest protection, manage- ment and replacement. Whenever it shall be reported to [it] that any person or persons engaged in a timber busi- ness subject to license tax are operating without license, [it] shall cause the same to be collected according to law. Sec. 12, Act 2G1, L. 1910. Monies from penalties to go to conservation fund. — Be it further enacted, etc., That all moiuos minus the cost of prosecution, received as penalties provided for the violations of this Act, shall be paid into the State Treasury and placed to the credit of the Conservation Fund. Sec. 1, Act 172, L. 1910. Preamble. — Be it enacted by the General Assembly of the State of Louisiana, That Act No. 144 of the Session of 1908, approved July 2nd, 1908, be amende^ and re- enacted so as to read as follows: Whereas, the recent conference of Governors, in the White House declared their firm conviction that the con- servation of natural resources is a subject of transcendent importance; that these resources include the waters, the forests, and minerals; that the nation, the State and the people should co-operate in conservation; and. Whereas, the conference declared that tliis co-operation should find expression in suitable action by the Congress within the limits of, and co-extensive with, the national jurisdiction of the subject, and complementary thereto by the legislatures of the several States within the limits of and co-extensive with, their jurisdiction, and. Whereas, the conference recommended the appoint- ment by each State [of] a Commission on the Conservation of Natural Resources, to co-operate with each other and with any similar Commission of the Federal government, therefore.^ 1 Formerly referred to the State forester, whose duties are now dis- charged by the Conservation Commission. Hence, the anomaly of requiring the commission to report to itself. 2 The present Conservation Commission (see act No. 127, L. 1912, below) supersedes the Conservation Commission of eight members which was created by sec. 2 of this act, and which included, as ex officio mem. bers, the superintendent of experimental stations of Louisiana, the State forester, and the chief engineer of the State board of engineers. The portions of this 1910 act which are, in consequence, no longer in effect, are omitted in this compilation, and a necessary reference to the 1912 act is inserted. Sec, 3, Act 172, L. 1910, revised in accohdance with Act 127, L. 1912. Conservation Commission, duties in general. — Be it further enacted, etc.. That it shall be the duty of the Commission provided for in * * * [Act No. 127, Laws 1912] to inquire into and report on the forest conditions of the State of Lo- isiana, with reference to the preserva- tion, the reforesting of deiu'ded lands, the effect of the destrr.ction of forests on climatic conditions and water- ways, and their control, * » * and generally on all matters pertinent to these subjects; it shall have super- vision of the Department of Minerals and Forestry, and of s ch other department dealing with natural resources as may hereafter be created. Upon emergency it shall have authority to expend monies from the Conservation Fi.nd, upon approval of the Governor and the Attorney General, to promote protect and conserve the natural resoi rces of the State provided such expenditure shall not take from the amount in such fund required to meet fixed expenses; * * * Sec. 4, Act 172, L. 1910, revised in accordance with Act 127, L. 1912. Conferences. — Be it further enacted, etc.. That * * * it shall confer with similar Commissions appointed by other States and with the Federal Commission at the General Assembly of such Commissions; * * * Sec. 5, Act 172, L. 1910. Information from other departments. — Be it further enacted, etc.. That the Commission shall be author- ized to call upon any department of the State of Louisiana, for information, and if the fi.rnisliing of said information shall incur incidental expense in said department not now provided for in the way of research or printing, the said departments are authorized to incur said expense not to exceed fifty dollars ($50.00) for any sich depart- ment. LIBf^RY OF Sec. 1, Act 127, L. 1912. Conservation Commission: Appointment — Pow- ers — Compensation — Expenses for clerical force — Attorney general to represent commission. — Be it cnachxi by the General Assembly of the Slate of Lou- isiana, That the Conservation Commission is hereby created, composed as follows: Three commissioners, one of whom shall be president of said Commission, shall be appointed by the Governor, by and with the advice and consent of the Senate, for a term of four years and shall be men who are informed in whole, or in part, on the following subjects: * * * and the forestry * * * resources of the State. After being confirmed by the Senate, the said Commissioners shall not be subject to removal by the Governor; they shall be sub- ject to removal for malfeasance, nonfeasance, or incompe- tency upon charges made before a court of competent jurisdiction. The said commissioners shall have the supervision and cont rol ov.ey all employees in every branch of the service, CONGRESS MAY 251922 STATE FORESTRY LAWS LOXJISIAKA. 3 and shall give their entire time to the service and shall re- ceive a salary not to exceed Twenty-four Hundred dollars per annum payable monthly, except the jjresident, who shall receive not to exceed Three Thousand Dollars per annum, payable monthly, and shall receive actual travel- ing and hotel expenses when engaged in the discharge of their official duties. The Commission shall have authority to pay the ex- penses of any of its employees, officers or assistants either within or without the State, while. in the .service of the Commission. The Commission is authorized to employ such clerical and other assistance as may be necessary to efficiently transact its business and promote the good of the service, and fix the salaries, provided that the total expenses for this purpose shall not exceed 20,000 dollars per annum for clerical and all office and traveling expenses, and provided there shall not be any attorney other than the Attorney General to represent said Commission. .Sec. 2, Act 127. L. 1912. Commission: Vested with corporate powers — Domiciled at New Orleans — To collect data — Juris- diction of — Reports to goveriior — Enforcement of forest laws. — Be it fieri her ermcled. elc. That the Con- servation Commission of Louisiana is hereby constituted a department of the .State government for the purpose of the protection, management, and conservation of * . * * and the natural * * * and forestry resources of the State and to see that all laws relative thereto are enforced,' and, as such, it is hereby created a body politic or political corporation invested with all powers inherent in such cor- poration. It shall have authority to sue and lie sued under the style "Conservation Commission of Louisiana'' and all process against said corporation shall be served on the president, or in his absence on any member of the said Conservation ('ommission, at the general office and all suits in its behalf shall be brought by its president in the name of the Commission. In case there are any suits pending in which the * * * or the Con.servation Com- mission heretofore created are parties to .said suit either as plaintiff or defendant the present Conservation Commis- sion created by this Act shall be substituted and become parties to said litigation in lieu of the former commission, which shall be superceded [superseded] by the present one. The domicile of said corporation is hereby fixed in the City of New Orleans, where the office shall be estab- lished, and where its archives shall be kept, and services of processes shall be made upon the president or other member of the Commission in person. It shall be the duty of said Commis.sion to collect, clas- sify and preserve such statistics, data and information, as will tend to promote the objects of this act and to take charge of and keep all records, books and papers and docu- ments which shall in the discharge of their duties here- under come in their possession or under their control; to make and execute all contracts, and generally to do and ' For provisions concerning prosecutions, see the following section. perform all things necessary to carry out the objects of this act subject to all limitations and duties herein provided. Said Commission shall adopt by-laws for its own govern- ment and the government of its employees, it shall adopt rules and regulations for comprehensive control of * * * and natural resources of the State which said by-laws or rules and regulations shall not be inconsistent with or con- trary to the provisions of this act. Any person in interest who feels aggrieved l>y any such n:le or regulation shall have the right to test the legality of the same in the courts of tlie .State, either in the Coi.rt of the jurisdiction wherein the contest arises, or at the domicile of the Commission. It shall be the duty of the Commissioners, at each regi.lar meeting to examine all accounts and operations of the Commission and determine what work shall be undertaken; and monthly reports thereof shall be made in writing to the Governor, and condensed quarterly copies of said monthly reports shall be printed in one morning paper in the City of New Orleans, * * * It shall, like- wise enforce all laws relating to the luiti ral * * * and forestry resources of tliis State ' * * * .\nd said Com- mission shall in every way possible as.sist in developing the natural resources of the State under its jurisdiction to their fullest proportions. Sec. .■?, Act 127, L. 1912. Prosecutions: Civil, by Consex-vation Commis- sion — Criminal, by district attorney. — Be it further enacted, etc., That this Commission shall have power and authority, in its name, to initiate and prosecute all civil actions or proceedings arising from the violation of any law, the administration of which is imposed upon it. And it shall also be the duty of said Commission to report all violations of the criminal laws with the enforcement of which it is charged to the District Attorney within whose jurisdiction such infractions ocoir, and see that such cases so reported are promptly prosecuted and it shall be the duty of the District Attorney to pro.seciite all such actions and make report of si ch prosecutions to the Com- mission. Tlus obligation shall be mandatory on the District Attorney. Sec. 4, Act 127, L. 1912. Conservation Commission: Annual report — Ap- propriations for work of — Conservation fund: Be- ceipts and disbuxsements. — Be it further enacted, etc., That it shall be the duty of said Commission, on or before the first Monday in April of each year, to prepare and present to the Governor of the State, a printed annual report showing the operations of the ('ommission since the date of its last anni al report, showing the amount of money received by it and from what so..rces, the amount of money expended by it and for what purpose, and in each annual report immediately preceding the regular session of the General Assembly, the Commission shall include an estimate of proposed expenditures and expenses for the 1 For provisions concerning prosecutions, see the following section. STATE FOEESTRY LAWS LOUISIANA. ensuing two years; and its prospective revenues and such recommendations for legislative action if any the Com- mission may deem wise for the better accomplishment of the purposes of tliis act. The Governor shall lay copies of said report before the General Assembly convening after their receipt, and at each regular session the General Assembly shall appropriate such funds as it may deem wise, for the contimiation of the work of said Commission. A fund to be known as the "Conservation FYind" is hereby established and all fiinds collected by the Conservation Commission as herein provided for shall be paid in the State Treasury to the credit of said fund, a record of said payments being made by the State Auditor, and acknowl- edgement thereof sent to the Conservation Commission, that all expenditures shall be made out of the said fund by the warrant of the said Conservation Commission drawn on the State Auditor, wliich warrant shall be signed by the President of the Conservation Commission, and coun- tersigned by its Secretary and said State Auditor shall, in turn, issue his warrant in payment thereof on the State Treasurer, said Conservation [Commission] shall keep a set of books showing from whom every dollar is received and for what purpose; to whom every dollar is paid and for what pi.rpose; and shall keep in its file vouchers or receipts for all monej's paid out. * * * Sec. 5, Act 127, L. 1912. Bonds of commissioners and employees. — Be i further enacted, etc., That each one of said Commissioner^ shall give for the faithful performance of the duties of his office a bond in favor of the Governor of the State for the benefit of the people of the State in the sum of Five Thousand Dollars (?5,000.00) and each employee of the said Conservation Commission other than the Commis- sioners, shall give a similar bond for the faithful per- formance of their duties in the sum of One Thousand Dollars (.?1,000.00). In case of forfeiture of any of said bonds and recovery on same, the amount recovered shall go to the general fund of the Commission. Sec. 7, Act 127, L. 1012. Natural resources, not to be exploited by officers and employees of commission. — Be it further enacted, etc., That the Conservation Commission shall permit no salaried officer or employee to be actively interested in the exploiting for personal gain of any of the natural resources of the State, or to be employed by any person, firm or corporation engaged in the exploiting of any of the natural resources of the State, under the penalty of dismissal from the service hereof and forfeiture of any rights sought to be acquired by said officer or employees. Sec. 11, Act 127, L. 1912. Special conservation agents, powers and duties — No compensation. — Be it further enacted, etc., That the Conservation Commission shall have power to appoint competent men throughout the State to be known as "Special Conservation Agents," who shall possess all rights and powers given by the law to the regular Conser- vation Agent except the right to search without warrants, and they shall be subject to all reqiiirements and regula- tions both of the law and the rules of the Conservation Commission, provided that such special Conservation Agent .shall be in no way entitled to recompense from either the parish, or State or Commission for services rendered or expenses incurred in the performance of their duty. All sheriffs, constables and Peace Officers shall have the power as Conservation Agent under this Section except the right to search without warrant, and shall receive one-half of all fines collected for violation of the Game and Conservation Laws of this State that may be reported by them. Sec. 12, Act 127, L. 1912. Conservation Commission: Expenses, how paid — Fines under conservation laws to go to school funds. — Be it further enacted, etc., That all salaries and other expenses of said Conservation Commission are to be paid by warrant of the Conservation Commission of Louisiana drawn on the State Auditor, which warrant shall be signed by the President of the Conservation Com- mission and countersigned by its Secretary, and the State Auditor, shall, as hereinbefore provided, issue his warrant on the State Treasiuer in payment thereof, said payment to be made from the funds collected by the sale of hunting licenses, or forfeiture of bonds and from all money which may be appropriated by the General Assembly for the use of the Conservation Commission and from all revenues derived from oysters and shrimp licenses and tax, or licenses for the trapping of fur bearing animals and licenses on fish seines, boats, diamond back terrapin, and from other sources. All fines derived from convictions of the violations of the Conservation laws of this State, except as may be herein otherwise provided less the sheriff's per cent for collection provided by law, shall be paid to the treasurer of the school funds for the use of the public schools in the parish in which the violation occurred. Sec 26, Act 127, L. 1912. Consolidation of duties. — Be it further enacted, etc.. That the Conservation Commission hereby created shall be charged with the duties of carrying out the provisions of Act 172 1 * * * of 1910, and any other laws on the subject of the Conservation of the Natural, * * * and forestry resources of this State in so far as they are not in conffict with the provisions of this Act, and the Conser- vation Commission hereby created shall to that extent discharge the functions heretofore exorcised by the Con- servation Commission created by Act 172 of 1910. Sec. 27, Act 127, L. 1912. Services of former officials dispensed with — Con- servation Commission given full charge. — Be it further enacted, etc.. That the Conservation ('nmmission hereby created shall be charged with the duty of carry- ing out the provisions of Act number 261 ^ of 1910, amending and re-enacting Act number 113 of 1904, and the service 1 Seep. 2. s pp. 1, 2, 5, 6, 7. STATE FORESTRY LAWS LOUISIANA. of the other officials mentioned in aaid act are hereby dis- pensed with, the same being placed under the exclusive control and administration of the Conservation Commission hereby created. Sec. 28, Act 127, L. 1912. Penalty for violation of act. — Be it further enacted, etc., That any person violating any of the provisions of this Act, where a punishment has not been otherwise pro- vided, shall be guilty of a misdemeanor, and upon convic- tion thereof by any court of competent jurisdiction, shall be liable to a fine of not less than twonty-five dollars ($25.00) nor more than one hundred dollars ($100.00) or be subject to imprisonment for not less than thirty (30) days, or be Uable to both fine and imprisonment in the discretion of the court.' PART II. FIRES. (Tliis division comprises the general provisions of law, if any, concerning protection from forest tires. For local- ized provisions, if any, concerning protection of State- owned lands, see Part III.) (1) PROTECTIVE SYSTEM. (This sub-division comprises the provisions of law, if any, defining the personnel, and the administrative duties, of the State organization cluirfjed with the iirpven- tion, detection, control and pxtiii;,'uishiiii'iit n( inrcsl fires. For specific provisions, if any, nnhcriiiiii,' .■iimilur duties in connection with railroad lin-s, .sla.sh disiiusal, and fallow and other fires, see sub-divisions (2), (3), ami (4), respectively.) Sec. 3, Act 261, L. 1910, Revised in Accoiu).\nce with Act 127, L. 1912. Conservation Commission, duties re fires. — Be It further enacted, etc.. That it shall be the duty of the * * * [Conservation Commission] to * * * take such action as is authorized by law to prevent and ex- tinguish forest fires, and enforce all laws pertaining to for- est woodlands, and prosecute for any vit)lation of such laws.- * * * Sec. 10, Act 261, L. 1910, revlsed in accordance with Act 127, L. 1912. Fire notices, distribution of — Destruction of — Penalty. — Be it further enacted, etc.. That the * * * [Conservation Commission]^ shall prepare notices, printed in large letters upon cloth or strong paper, calling attention to the destruction caused by fires and to the forest fire laws and the penalties for their violation. Such notices shall be distributed to all forest wardens, parish officials, railroad and lumber companies, private citizens, officers, railroad stations, in public squares, along public highways and in 1 For provisions concerning prosecutions, see sec. 3, Act 127, L. 1912, on p. 3. 2 For full text of this section, see pp. 1,2. " See footnote to sec. 1, .\ct 261, L. 1910, on p. 1. other places. Any person who shall maliciously or wilfully destroy, deface, remove or disfigure any sign, poster or warning notice posted under the provision of this Act, shall be guilty of a misdemeanor and punishable upon conviction by a fine of not less than fifteen dollars nor more than one hundred dollars, or by imprisonment for a period of not less than ten days nor more than three months, or by both said fine and imprisonment.' (2) RAILIiOAl) KIKES. (This sub-division comprises the provisions of law, if any, defining the responsibility of railroad and logging com- panies, the precautions to be taken by them, and their liability for damages occasioned in the operation and main- tenance of their trains and rights of way; also provisions concerning the use of spark arresters and other safeguards on traction, thrashing, other portable and sawmill engines, and boilers.) Sec. 7, Act 261, L. 1910, revised in accordance with Act 127. L. 1912. Precautions by railroads: Clearing rights of ■way — Deposits of fire — Trainme:i to report fires — Instructions to section foremen War.oi ig plac- ards — Penalties — Ties, etc., along rights of way. — Be it further enacted, etc.. That it shall be the duty of all rail- road companies operating any railroad through forest lands within this State to keep their right of way cleared of all combustible materials and safely dispose of the same within said limits of said right of way between the fifteenth day of November and the fifteenth day of April. No rail- road company shall permit its employees to leave a de- posit of fire or live coals on its right of way other than be- tween the rails, in the immediate vicinity of woodland or lands liable to [be] overrun by fires, and when engineers, conductors or trainmen discover that fences or other ma- terials along the right of way, or woodland adjacent to the railroad, are burning or in dangsr from fire they shall report the same promptly at the next telegraph station that they pass. In seasons of drought the railroad companies shall give particular instructions to their section foremen for the prevention and prompt extinguishment of fires originating on its [their] right [rights] of way, and they shall cause warning placards furnished by the * * * [Conserva- tion Commission] ^ to be posted at their stations in the vicinity of the forest lands. Any railroad company wil- fully violating the requirement of this Act shall be deemed guilty of a misdemeanor and be punished by a fine not exceeding one hundred dollars for each offense, and rail- road employees wilfully violating the requirements of this section shall be guilty of a misdemeanor and shall be pun- ished by a fine of not less than five dollars nor more than fifty dollars.' But this section shall not be construed to prohibit or prevent any railroad company from piling or I I"or provisions concerning prosecutions, see sec. 3, .\ct 127, L. 1912, on p. 3. "■ See footnote to sec. 1, .\ct 2(U, I,. 1910, on p. 1. STATE FORESTRY LAWS LOUISIANA. keeping upon the right of way cross ties or other material necessary in the operation or maintenance of such railroads. Note. — (1) Penalty for setting fires during closed season. — Special penalties are provided in the case of any corporation or common carrier setting fire to any wild woodland, marsh land, or prairie land during the closed season defined in Sec. 18, Act 204, - L. 1912, :« amended by Sec. 10, Act 47, L. 1914 (see sec. 20, Act 259, L. 1910, below). (2) Railroad companies liable to action for damages, including cost of injury to young growth, and of fighting fires. — liailroad com- ])aiues are also liable, as corjjorations, for damages, including costs of injury to young growth, resulting from fires caused by the companies, and for costs of extinguishing such fu'es (see sees. 6, 8, Act 261, L. 1910, below). (3) SLASH DISPOSAL. (This subdivision comprises the provisions of law, if any, for slash disposal after lumbering and other cutting operations.) (4) FALLOW AND OTHER FIRES. (This subdivision comprises the provisions of law, if any, concerning the burning of fallow, brush, etc., by farmers, and the general setting of fires to woods by hunt- ers, fishermen and others.) Sec. 5, Act 261, L. 1910. Setting fire to woods, penalties — Cam.p fires and other causes of &res.^Be it enacted further, fie. That any person that wilfully and negligently sets on fire or causes to be set on fire any wood, brush or grass land not his own; or sets on fire or causes to be set on fire any land belonging to himself and allows such fire to escape to any wood, brush or grass land not his own; and any person that wilfully suffers any fire set by himself to damage any prop- erty of another, is guilty of a misdemeanor, and upon con- viction, shall be punished by a fine of not less than $20.00 nor more than $300.00, or by imprisonment of not less than ten days nor more than six months, or both such fine and imprisonment.' Every person that wilfully or maliciously sets on fire any such wood, brush or grass lands, or causes to be set on fire any such wood, brush or grass lands, whereby the property of another is injured or destroyed, shall upon conviction, be punished l)y a fine of not less than $25.00 nor more than .$1,000.00, or by imprisonment for a term of not less than three months nor more than five years, or by both such fine and imprisonment.' Any per- son who shall cause a fire in any wood, brush or grass lands by carelessly, negligently, or deliberately dropping a burning match or emptjdng fire from a pipe, or dropping a lighted cigar or cigarette, or discharging a combustible wad from firearms, or failing to extinguish a camp fire upon leaving it, shall be deemed guilty of setting the forest on fire.' Sec. 6, Act 261, L. 1910. Right of action for damages preserved — Injury to young growth. — Be it further enacted, etc., That nothing in this Act shall be construed as affecting the right of action for damages. The liability of persons or corpora- tions for all damages shall include the injury to young growth resulting from fires. The damage to young growth shall lie calculated as the expense of artificially planting and cultivating such small growth to the point of develop- ment at the time when the fire occurred.' Sec. 8, Act 261, L. 1910. Costs of fighting fires, assessed as part of pen- alty. — Be it further enacted, etc.. That in a prosecution for the wilful and negligent setting fire to forests, when the evidence has been conclusive on the guilt or innocence of the party or parties charged with the crime, it shall be within the discretion of the court to take evidence as to the cost of fighting the fire which the accused is charged with setting, and it shall be within the discretion of the court to assess such costs as a part of the penalty of the person or persons charged, if he shall be found guilty.' Sec. 18, Act 204, L. 1912, as amended by Sec. 10, Act 47, L. 1914. Closed season for fires. — Be it further enacted, etc., That it shall he unlawful for any person dming the game breeding season, to-wit: from the fifteenth day of Febru- ary to the first day of November of each year to set fire to any wild woodland, marsh land or prairie land. Note. — The above Section 18 is a restatement and amendment of Section 14, Act 259, L. 1910, which act provided certain penalties for violations thereof, which are shown in the following section: Sec. 20, Act 259, L. 1910. Penalties for not observing closed season, etc. — Forfeiture of hunting license and privileges. — Be it further enacted, etc.. That any person, firm, corpora- tion, or common carrier, their agents, and officers violating any of the provisions of this Act, shall be deemed guilty of a misdemeanor, and shall on conviction thereof, pay the costs of the prosecution and be fined not less than five dol- lars (.?5.00) nor more than one hundred dollars (.$100.00) or be imprisoned in the parish jail for not less than one (1) day, nor more than sixty (60) days, or both fine and im- prisonment at the discretion of the court for each offense. In addition thereto the holder of a hunting license found guilty of violating any of the provisions of this Act before a competent coiu't, shall forfeit said license and all further hunting privileges during the current season. 1 For provisions concerning prosecutions, see sec. 3, Act 127, L. 1912, ' For provisions concerning prosecutions, see sec. 3, Act 127, L. 1912, on p. 3. STATE FORESTRY LAWS LOUISIANA. PART in.— PUBLIC FORESTS. iThis division comprises the provisions of law. if any, for the establishment and care of State and municipal forests and nurseries, and for the practice of forestry on these and on other lands owned by the State.) (1) STATE FORESTS. (For other provisions, if any, concerning Slate forests and nurseries, see Part I.) Sec. 4. .\ct2IU. L. 1910. State Forests: Gifts of land "for— Clear titles- Donors may name forests. — Be it further enacted, etc., That the Governor of the State is hereby authorized to accept gifts of land to the State to be held, protected and administered by the Conservation Commission ' as State forests and to be used to demonstrate their practical utility for reculture and as breeding places for game. Such gifts must be absolute except for the reservation of all mineral rights, and in no case shall exceed (10) ten per cent of the area of any parish wherein such lands may be situated. The Attorney General is directed to see that all deeds to the State are properly executed and that the titles thereto are free and clear of all encumbrances before the gift is accepted. '\^'hen any donation exceeding six hundred acres is made, the same of the donor, or any name he may suggest, on the approval of the Conservation Commission, shall be given such donation, as the designation of such reserve. Sec. 15, Act 261, L. 1910. Purchase of lands for forest culture and reserves. — Be it further enacted, etc., That the State Conservation Commission ' shall have the power to purchase lands in the name of the State suitable for forest culture and re- serves, at a price which shall not exceed $1.00 per acre, using for such purpose any surplus money not otherwise appropriated, which may be standing to the credit of the conservation fund; [and] to make rules and regulations governing State reserves. (2) OTHER STATE LANDS. (Laws which jirovide merely for the protection of State lands other than State forests from fire and from timber and other forms of trespass, and for the sale of timber and other forest products therefrom, are not included because their intent is not one of forestry.) (3) MUNICIPAL FORESTS. PART IV.— TAXATION. (This division comprises the provisions of law, if any, covering the classitication and taxation of forested lands and lands to be forested, the purjiose of which is to encour- 'See Act 127, L. 1912, on p. 2 et seq., for the present Conservatii Commission. age the practice of forestry by private owners; also such bounty and exemj>tion laws as nave a like purpose. For similar taxation provisions, it any, concerning State or municipal forests, or other State lands, see Part III.) Sec. 13, AcT2fil, L. 1010, Revised in Accord.\nce with Act 127, L. 1912. Timber-culture contract — Fixed taxable valua- tion per acre — Restoration to assessment roll. - B( il ftnihcr cnaclcJ. etc.. Tlnit in order to encourage the practice of forest culture in this State, when the owner or owners of any land which has been denuded of trees or any other land the assessed value of which shall not at the time of apy)lication exceed the sum of five dollars per acre, shall contract in writing with the * * * [Conservation Commission] ' to super\'ise i)lanting and growing upon the said lands suitable and useful timber trees in such manner as they shall prescribe, to protect the said land from fire*!, as far as practical, and to maintain the trees so planted or grown upon it in a live and thrifty condition for a period of not less than thirty years and not more than forty years, and to cut or remove from said land witliin that time no tree or trees except as permitted in the said contract; it shall be lawful for the State Board of Ecjualizers and the assessors of the several parishes, and they are hereby authorized upon the recommendation of the * * * [Conservation Commission] to fix a valuation of $1.00 per acre upon said lands and timber, and this valuation to remain fixed and unchangeable for the period of the con- tract entered into by the land owner aforesaid with the * * * [Conservation Commission]. Any land owner who has made such a contract with the State shall be entitled to demand an annual inspection by the * * * [Conservation Commission] and a certificate as to whether the contract has been carried out. At the end of the contract entered into by the land owner with the * * * [Conser\"ation Commission], or at any time within that period that the owner or owners of said land shall fail to maintain it in all re.spects according to the written agree- ment entered into by the owner and upon which the said land was given a fixed assessment for a fixed number of years, the said land shall be restored to the assessment roll and shall be taxed the same as other similar lands, and in addition thereto the said lands shall be supplemented on the assessment rolls for an amount that would equal the assessment of the land had it not been assessed under the provisions of this Act. Nothing in tliis Act shall be con- strued as giving the * * * [Conservation Commission] jurisdiction over lands of any resident farmer without written contract. 'See .Vet 127, L. 1912, on p. 2 et seq., forthe present Conservation Commission. WASHINGTO.V : GOVKIt.NMB.N'T PKINTI.NO OFFICE : 1915 Date of issue, August 18, 1915. UNITED STATES DEPARTMENT OF AGRICULTURE FOREST SERVICE HENRY S. GRAVES, FORESTER STATE FORESTRY LAWS A parallel classification showing the comparative progress of each State in forestry legislation NORTH CAROLINA (Serial 1— Through Reg. Sess., 1915) Compiled in the Office of State ( '(xjperation by Jeaniiie S. Peyton PURPOSE OF COMPILATION Infonnation about the forestry laws of tlie various States, especially about those laws dealing with certain specific problems, is being demanded more and more ; and rccjuests for such information, coming from legislators, State administrative officers, forestry associations, forest schools, and other bodies and individuals, have led to the compilation, informally, of such State laws as bear more or less directly on the practice of forestry. The purpose of the compilation, of which this serial is a part, is to make easy a compara- tive study of the laws of the different States and to further the development of practical forestry legislation. By the classification of the laws and parts of laws, under the headings: "Adminis- tration," "Fires," ''Public Forests," and "Taxation" the comparison is simplified, and the progress of each State, or lack of it, in these particulars, is clearly shown. The better to accomplish this educational aim, the great mass of timber and tree laws and those finer points of reference proper only to a legal or administrative manual have been omitted. PART I.— ADMINISTRATION. (This (iivision comprL-^es the piovision.-< of law, if any, defining the general administrative duties of the regularly constituted State forestry officials; also certain niiscol- laneotis forestry pro\'isions. For specific provisions, if any, concerning administrative duties of these or other State officers in connection with forest fires, State and municipal forests and nurseries or other State lands, or forest taxation, see Parts II, III. and IV, respectively.) Note. — State Forester and forest investiga- tive -work. — Under the broad, general authority con- ferred upon the Geological Board of the State, in the following sections (4429-4434, Pell's Revisal, 1908) tiie board is able to employ a forester and conduct forest investigative work. i I Sec. 4429, Pell's Revisal, 190S. j State geologist: Appointment — To conduct State j geological and economic survey. — The governor shall appoint a fuilable person as state geologist t» condtict imder tlie snper\-isiou of a board of managers to be known as the geological board a geological and economic siKvey of the state. [L. 1905, Ch. 542.] 1891—15 Sec. 4430. Geological board: Appointment- Meetings of. — The geological board sliall consist of the governor (as cliairman), foiu- citizens of the state, two for a period of two years and two for a period of fotu- years from March first, nineteen htmdrod and five, the same to bo apjwiuted by the governor by and with tJie advice and consent of the senate, and their successors to be in like manner appointed each for a period of four years. In case of the death or resignation of either of said citizens hie successor shall be appointed by the governor. The geological board shall meet twice each year, once in January and once in June, in the city of Raleigh, on the call of the governor, except that the board may change the time and place of meeting as circumstances may require. [1>. 1905, Ch. .542, Sec. 2.] Sec. 44S1 . Experts and assistants, appointment of. — The state geologist shall appoint, subject to the approval of the geo- logical board, such experts and assistants as may be found necessary to enable him to carry out siiccea«if ully and speed- ily the work of the survey. [L. 1905, Ch. 542, Sec. 3.] STATE FORESTRY LAWS NORTH CAROLINA. 5^|S Seo. 4432. Objects of survey. — The survey shall have for its objects: 1. An examination of the * * * forests, * * * and other material resources of the slate. 4. An examination and classification of the soils, the forests and other physical features of the state with special reference to their bearing upon the occupation of the people. 5. An examination of the sti-eams and waterpowers of the state with special reference to the development for manufacturing enterprises and the preservation of the sources of these streams thi'otigh the protection of the forests. ft. The consideration of such other scientific and eco- nomic problems as in the judgment of the geological board shall be deemed of value to the people of the state. 7. The preparation of such reports, illustrations and maps as may be deemed necessary in placing the results of these investigations before the public. 8. And the state geologist, with the approval of the geological board, is hereby authorized to anange for and accept such aid and co-operation from the several United States government bureaus and other sources as may assist in completing the topographic surveys of the state and in carrying out other provisions of this chapter. 9. An examination of the water supplies of the state wjth special reference to the sinking of deep or artesian wells. [L. 1905, Ch. 542, Sec. 4.] Sec 4433, AS Amended by L. 1911, Ch. 211, Sec. 4. Reports upon survey. — The geological board shall cause to be prepared and submitted to each legislature a report showing the progress and expendittu'es of the survey; it shall al,oo cause to be prepared for publication such other reports with necessiiry illustrations and maps as will ade- quately set forth the * * * material resources of the Btatc, all such reports, illustrations and maps to be printed and distributed as the geological board may direct in edi- tions of three thousand copies each at the expense of the state as other public documents: Provided, however, that not more than five thoiisand dollars shall be used for this purpose in any biennial period. [L. 1905, t'h. 542, Sec. 5.] Sec. 4434. Appropriation for survey. — The sum of ten thousand dollars annually, or so much thereof as may be necessary, is hereby appropriated, out of any moneys in the treasury not otherwise appropriated for the purpoae of carrj'ing out the pro^^sions of this chapter, [ij. 1905, (^h. 542, See. 6.] PART II. FIRES. (This division comprises the general provisions of law, if any, concerning protection from forest fires. For localized provisions, if any, concerning protection of State-owned lands, see Part IIL) (1) PROTECTIVE SYSTEM. (This subdivision comprises the provisions of law, if any, delining the personnel and the administrative duties of the State organization charged with the prevention, detec- tion, control, and extinguishment of forest fires. For spe- cific provisions, if any, concerning similar duties in con- nection with railroad fires, slash disposal, and fallow and other fires, see subdivisions (2), (3), and (4), respec- tively.) Sec. 1, Ch. 243, L. 1915. State Geological board: Prevention and control of forest fires — Protection of forested watersheds. — That the State Geological board may take such action as it may deem necessary to provide for the prevention and control of forest fires Lu any and all parts of this State, and it is hereby authorized to enter into an agreement with the Secretary of Agricultiu'e of the United States for the pro- tection of the forested watersheds of streams in this State. Sec. 2. State Forester: Ex-officio State forest warden — Appointment of township and district forest war- dens. — That the forester of the State Geological and Economic Survey who shall be called State Forester, and shall be ex-ofiicio State Forest Warden, may appoint, with the approval of the Geological Board, one township forest warden and one or more district forest wardens in each township of the State in which the amount of forest land iind the risks from forest fires shall, in his judgment, make it advisaltle and necessary. Sec. 3. State Forest Warden: Supervisory duties — Pros- ecutions by. — The State Forester, as State Forest Warden, sluill have supervision of township and district forest wardens, shall instruct them in their duties, issue such regulations and instructions to the township and district forest wardens as he may deem necessary for the purposes of this act, iind cause violations of the laws regarding forest fires to be prosecuted. Sec. 4. Forest wardens: Controlling fires — Arrests — Post- ing fire laws and warnings — Patrolling, etc. — Re- ports of fires by township and district forest war- dens. — Forest wardens shall have charge of measures for controlling forest fires; shall make arrests for violation of forest laws; shall post along highways and in other con- spicuous places, copies of the forest fire laws and warnings against fires, which shall be supplied by the State Forester; shall patjol during dry and dangerous seasons under the direction of the State Forester, and shall perform such other acts and duties as shall be considered necessary by the State Forester for the protection of the forests from fire. The township forest warden of the township in which a fire occiu"s shall within' ten days make such a report thereof to the State Forester as may be prescribed by him. Each district forest warden shall promptly report to township wardens any fire in his district. LIBRARY OF CONGRESS MAY 251922 STATE FOBESTEY LAWS NOBTH CAKOLINA. Sec. 5. Interference with sign, poster, or warning, a misdemeanor — Penalty. — Any peraon who shall inali- C'iously or -svilfully destroy, deface, remove, or disfigure any sign, poster, or warning notice, posted by order of the State I'"orester, under the provisions of this act or any other act which may be passed for the pm-pose of protecting the forests in this, State from fire, shall be guilty of a misde- meanor and upon conviction shall be punishable by a fine of not less than ten dollars nor more than fifty dollars, or imprisonment not exceeding thirty days. Sec. t). Forest wardens and State Forester: Prevention and extinguishment of fires — Enforcement of laws — Control and direction of persons and apparatus — Arrests without warrant — Patrols in dry sea- sons — Power to impress citizens and property; penalty for refusal to assist — Power of entry. — Forest wardens shall prevent and extinguish forest fires in their respective townships and enforce all statutes of this State now in force or that hereafter may be enacted for the protection of forests and woodlands ' from fire, and they shall have control and direction of all persons and apparatus while engaged in extinguishing forest fires. Any forest warden may arrest, without a warrant, any person or persons taken by him in the act of violating any of tlie said laws for the protection of forests and wood- lands, and bring such person or persons forthwith before a justice of the peace or (jther officer having jurisdiction, who shall proceed without delay, to hear, try and deter- mine the matter. Diu^ing a season of drouth the State Forester may establish a fire patrol in any township, aiul in case of fire in or threatening any forest or woodland the township or district forest warden shall attend forthwith and use all necessary means to confine and extinguish such fire. The said forest warden may summon any male resident of the township between the ages of eighteen and forty-five years to assist in extinguishing fires, and may require the use of horses and other property needed for such purpose; any person so summoned, and who is physically able, who refuses or neglects to assist or to allow tlio use of horses, wagons, or other material required, shall be liable to a penalty of not less than five dollars nor more than fifty dollars. No action for trespass shall lie against any forest warden or person summoned by him for crossing or working upon lands of another in con- nection with his duties as forest warden. Sec. 7. Forest wardens: Compensation and expenses — Bills for services, how rendered and paid. — Forest wardens shall rei/eive compeasation from the geological board at a rat« of not to exceed twenty cents per hour for the time actually engaged in the performance of their duties; and reasonable expenses for equipment, transpor- tation or food supplies incurred in fighting or extinguish- ing any fire, according to an itemized statement to be rendered the State Forester every month, and approved by him. Forest wardens shall render to the State Forester I a statement of the ser\'ices rendered by the men employed 1 by them or their district wardens, as provided in this act, within one month of the date of service, which said bill { shall show in detail the amount and character of the service performed, the exact duration thereof, the name of each person employed, and any other information required by the State Forester. All accounts of the forest wardens must be duly sworn to before a justice of the peace, notary public or other officer qualified to witness such papers within the county in which the expenses were incurred. If said bill be duly approved by the State Forester, it shall be paid by direction of the geological board out of the funds hereinafter provided for. (2) RAILROAD FIRES. ' See sec. 11 ol tula act, on p. 4. (This subdi\'ision comprises the provisioas of law, if any, defining the responsibility of railroad and logging compa- nies, the precautions to be taken l)y them, and their lia- bility for damages occasioned in the oi>eration and main- tenance of their trains and rights of way; also provisions concerning the use of spark arresters and other safeguards on traction, thrashing, other portable and sawmill engines, and boilers.) Sec. 10, Ch. 243, L. 191.5. * » * Note. — Corporations or others setting fire to brush, grass, etc.: Watchman to be provided — Penalty — Prima facie evidence of neglect. — All corporations burning any brush, grass, or other ma- terial which may endanger any property, are required by this section to maintain a careful and competent watchman in charge of the burning, under penalty of fine or imprisonment, and the escape of such fire is made yjn'nu! /an« evidence of neglect. (For full text see p. 4.) (.1) SLA.SII DISPOSAL. (This subdivision comprises the provisions of law, if any, for slash disposal after lumbering and other cutting oper- ations.) Sec. I, Ch. b(i. I.. 19l;i. Brush and slash disposal near municipal water- sheds. — That any person, firm or coq)oralion owning lands or the standing timber on lands within four hundred feet of any watershed held or owned by any city or town, for the purpose of furmshing a city or town water supply, upon cutting or removing the timber, or permitting same ctit or removed, from lands .so witliin said four hundred feet of said watershed, or any part thei'eof, .sliall, witliin three month.i after cutting, or earlier upon written notice by said city or town, remove or cattse to be btirned under proper supervision, all treetops, bough-i, laps and other portions of timber not desired to be taken for commercial or other purposes, within four hundred feet of the bomidary line of such part of said watershed as is held or owned by STATE rOEESTRY LAWS NORTH CAROLINA. siicli town or city, so as to leave such space of foiu- hundred feet immediately adjoiniag the boundary lines of such water shed so held or owned, free and clear of all such treetops, laps, boughs and other inflammable material caused by or left from cutting such standing timber, so as to prevent the spread of fire from such cut-over area and the consequent damage to such watershed. Sec. 2. Violation of act, a misdemeanor. — That any such person, firm or corporation violating the provisions of this act shall be guilty of a misdemeanor. (4.) FALLOW AND OTHER FIRES. (This subdivision comprises the provisions of law, if any, concerning the burning of fallow, brush, etc., by farmers^ and the general setting of fires to woods by hunters, fisher- men, and others.) Sec 8, Ch. 243, L., 1915. Burning grass, brush, or woodland: Notice to neighbors— Watching fire —Extinguishing— Misde- meanor, penalty— Action for damages. — If any person shall intentionally set fire to any grass land, brush land, or woodland, except it be his own property, or in that case without first giving notice to all persons owning or in charge of lands adjoining the land intended to be fired, and also taking care to watch .such fire while burning and taking effectual care to extinguish such fire before it shall reach any lands near to or adjoining the lands so fired, he shall for every such offense be guilty of a misdemeanor and shall be fined not less than ten dollars, nor more than fifty, or imprisoned not exceeding thirty days. This shall not pre- vent action for damages sustained by the owner of any property from such fires. Sec. 9. Camp fires, and setting fire to grass, brush, or woodland: Misdemeanor, penalty for. — Any wagoner, hunter, camper, or (jtlier person who shall kindle a camp fire or shall authorize another to kindle such fire, unless all combustible material for the space of ten feet surrounding the place where said fire is kindled has been removed, or shall leave a camp fire without fully extinguishing it, or who shall accidentally or negligently by the use of any torch, gim, match, or other instrumentality, or in any man- ner whatever start any fire upon any grass land, brush land or woodland without fully extinguishing the same, shall be guilty of a misdemeanor and upon conviction shall be pun- ished by a fine of not less than ten dollars, nor more than fifty dollars, or imprisoned not exceeding thirty days. Sec. 10. Burning tar or charcoal, or setting fire to brush grass, etc.: Watchman to be provided — Penalty — Prima facie evidence of neglect.— All persons, firms, or corporations, who shall burn any tar, kiln or pit of char- coal, or set fire to or burn any brush, grass, or other mate- rial, whereby any property may be endangered or de- stroyed shall keep and maintain a careful and competent watchman in charge of said kiln, pit, brush, or other material while burning. Any person, firm, or corporation violating the provisions of this section shall be punishable by a fine of not less than ten dollars nor more than fifty dollars, or imprisoned not exceeding thirty days. Pire escaping from such kiln, pit, brush, or other material while burning shall be prima fucie evidence" of neglect of these provisions. Sec. 11. ^ Woodland defined. — For the purposes of this act, woodland is taken to include all forest areas, both timber and cut-over land, and all second growth stands on areas that have at one time been cultivated. PART III.— PUBLIC FORESTS. (This division comprises the provisions of law, if any, for the establishment and care of State and municipal forests and nurseries, and for the practice of forestry on these and on other lands owned by the State.) 1) STATE FORESTS. (For other provisions, if any, concerning State forests and tiurseries, see Part I.) Sec 1, Ch. 253, L. 1915. State forests: Gifts and purchase of lands for — Utilization of — Deeds for — Subject to county taxes. — That the Governor of the State is authorized upon recommendation of the geological board to accept gifts of landto the State, the same to be held, protected and administered by said board as State forests, and to be used so as to demonstrate the practical utility of timber culture and water conservation, and as refuges for game. Such gifts must be absolute except in such cases as where the mineral interest on the land has previously been sold. The State Geological Board shall have the power to pur- chase lands in the name of the State, suitable chiefly for the production of timber, as State forests, for experimental, demonstration, educational, park and protection pur- poses, using for such purposes any special appropriations or funds available. The Attorney-General of the State is directed to see that all deeds to the State of land men- tioned in this section are properly executed before the gift is accepted or payment of the purchase money is made. Said State forests shall be subject to county taxes assessed on the same basis as are private lands, to be paid out of moneys in the State Treasury not otherwise appropriated. Sec 2. State forests: Monejrs from, credited to Geolog- ical board — How expended. — That all moneys received from the sale of wood, timber, minerals or other products from the State forests shall be paid into the State Treasury STATE FOBESTBY LAWS NORTH CAROLINA. and tx) the credit of the geological board; and such moneys shall be expended carrjing out the purposes of this act and of forestry in general, under the direction of the geological board. Sec. 2J. State forests: Payments to be made from ap- propriations only. — That nothing in this act shall oper- ate or be construed as authority for the payment of any money out of the State Ti-easury for the purchase of lands or for other pui-poses unless by appropriation for said pur- pose by the General Assembly. XoTE. — The so-called ■' State Forests'' which are pro\ided for in the following sections do not belong to the State, but consist of specially designated lands held in private ownership. Sec. 4434a, Supp. to Pell's Revis.\l. 1908. So-called "State forests," governor to declare. — The Governor of the state, upon the written application of any owner or owners of wooded lands situated in North Carolina above contour line two thousand feet, may at his discretion declare the lands of such owner or owners, or such parts thereof as he may deem advisable, a "state forest of North Carolina." [L. 1909. Ch. 89. Sec. 1.] Sec. 4434b. So-called "State forests," publication of dec- laration. — The declaration of the Ciovemor shall be publi.-ihed, at the expense of the applicant, in three consec- utive issues of any newspaper published in the county or counties wherein the lands declared a state forest reserve are situated, if there be one; if no paper is published in the ! county or counties, then in a paper published in an adjoin- ing county: and after such publication the said lands shall be and are a state forest of North Carolina for the term of thirty years, [L, 1909, Ch. 89. Sec. 2.] Sec. 4434c. So-called "State forests": How treated- -Owner to pay tax to school fund — Penalty. — The owner or owners, when making such written application, shall agree in writing to treat in a conservative manner the proposed state forest described in the application, such manner to | be in accordance with a working plan approved by the North Carolina geological and economic survey; and the said owner or owners of such proposed state forest, when making such application, shall agree to pay annually into the school fund of the county wherein such proposed state forest or a part thereof is situated one-half cent for every acre of such proposed state forest situated within the county; and if the owner or owners thereafter shall fail to make such annual payment, then and in that case the declaration of the Goxernor establishing the said state forest shall he null and void to all intents and purposes. [L. 1909, Ch. 89, Sec, 3.) Sec 4434d. So-called "State forests": State forest wardens, appointraent and compensation of. — The Governor shall appoint at his discretion, with the approval of the commissioners of the county wherein a state forest is sit- uated, as state forest wardens such a man or men over twenty-one years of age as may be designated for appoint- ment by the owner or owners of such stale forest. Such state forest wardens are to receive no compensation other than that which the owner or owners ol the state forest may pay to them. [L. 1909, Ch. 89, Sec, 4.] Sec. 4434E. So-called "State forests": Powers and duties of State forest wardens. — The state forest wardens thus appointed may make arrest on sight, witliout warrant, fur any criminal offense set out in section three thousiiud three hundred and forty-six,' three thousand three hundred and forty-seven,' * * * nf the Revisal of one thcjusand nuie hundred and five, * * * and they shall safe- guard against * * * and notably against fire, the state forest for which they have been appointed; and, as far as the enforcement of the provisions of this section is con- cerned, the ,state forest warden shall have all the powers, privileges and protection otherwise had by sheriffs under any act nr law now in force. [L, 1909, Ch, 89, .Sec, 5,] Sec. -143 Ik. So-called "State forests": Minimum fine for of- fenses committed on. — The minimum fine for any offense mentioned in the preceding section committed within any state forest shall be fifty dollars if within the jurisdiction of the superior court, and twenty-five dollars if within the jurisdiction of a justice of the peace. [L, 1909, Ch, 89. Sec, 6.] (2) OTHER STATE LANDS. (Laws which provide merely for the protection of State lands other than State forests from fire and from timber and other forms of trespass, and for the .<;ile of timber and other forest products therefrom, are not included because their intent is not one of forestry.) (3) MUNICIPAL FORESTS. Secs. 1. -2. Ch. 56, L. 1913. * * » Brush and slash disposal near municipal water- sheds. — (For text of the provisions, see these sections on pp. 3, 4.) PART IV.— TAXATION. (This division comprises the provisions of law. if any, covering the classification and taxation of forested lands and lands to be forested, the piupose of which is to en- courage the practice of forestry by private owners; also such bounty and exemption laws as have a like purpose. For similar taxation provisions, if any. concerning State or municipal forests, or other State lands, see Part 111,) ' Superseded by secs. 8, 9, ch. 243, L. 1913, see p. 4. WASHINGTON : QOVBKNMBNT PRINTING OPFICB : I91I Misc. S. —05. nate of i.ssua .\ugust 18, 1915. UNITED STATES DEPARTMENT OF AGRICULTURE -; ' FOREST SERVICE Henry S. Graves, Forester STATE FORESTRY LAWS A parallel classification showing the comparative progress of each State in forestry legislation MARYLAND (Serial l^Through Reg. Sess., 1914) Compiled iii the Office of State f'ooperation by Jeannie S. Peyton PURPOSE OF COMPILATION Information about the forestry laws of the various States, especially about those laws dealing with certain specific problems, is being demanded more and more; and requests for such information, coming from legislators, State administrative officers, forestry associations, forest schools, and other bodies and mdividuals, have led to the compilation, informally, of suoh State laws as bear more or less directly on the practice of forestry. The pm-pose of the compilation, of which this serial is a part, is to make easy a comparative study of the laws of the different States and to further the development of practical forestry legislation. By the classification of the laws and parts of laws tmder the headings : ' 'Administra- tion," "Fires," "Public Forests," and "Taxation," the comparison is simphficd, and the progress of each State, or lack of it, in these particulars, is clearly shown. The better to accomplish this educational aim, the great mass of timber and tree laws and those finer points of reference proper only to a legal or administrative manual have been omitted. PART I.— ADMINISTRATION. (This division comprises the provisions of law, if any, defining the general administrative duties of the regularly Sec. 2, Art. 39A, .\nnotated Code (Pub. Gen. Laws, 1914). State Forester — Qualifications — Expenses — Du- oonstituted State forestry officials; also certain miscellane- i ties, in general.— There shall be appoinled by the State ous forestry provisions. For specific provisions, if any, Boord of Forestry a State Forester, who shall be a tech- concerning administrative duties of these or otiier State officers in connection with forest fires, State and municipal forests and nurseries or other State lauds, or forest taxa- tion, see Parts II, III, and IV, respectively.) Sec. 1, Art. 39A, Annotated Code (Pub. Crv. Laws, 1911.) State board of forestry — Personnel - -Expenses.- nically trained f(ir&«ter of ncit less than two years' experi- ence in professional forestry work; his compensation shall be fixed by the Board and he shall be allowed reasonable traveling and field expenses incurred in the performance of his official duties. He shall under the general super- vision of the State Board of Forestry have direction of all forest interests and all matters pertaining to forestry and There shall be a State board of forestry, consisting of seven | the forest reserves within the jurisdiction of the State, members, the governor, comptroller, president of Johns i He shall appoint, subject to the approval and confirmation Hopkins University, president of the Maryland State Agri- of the State Board of Forestry, such assistants and em- cultural College, State Geologist, and one citizen of the ployes as may be necessary in executing the duties State known to be interested in the ad\'ancement of for- | of his office and the purposes of the Board of Forestry; the estry, and one practical lumberman engaged in the manu- < compensation of such assistants and employes to be fixed facture of lumber within this State, who shall be appointed , by the State Board of Forestry. He shall have charge of by the governor, to serve for a term of two ye».i-s, which i all Forest Wardens in the State and aid and direct them board shall act without compensation, save for actual | in their work; take such action as is authorized by law necessary expenses incurred in the performance of their i to prevent and extinguish forest fires, enforce all laws oflBcial duties. [L. 1906, Oh. 294.] 1 pertaining to forest and woodland, and prosecute for any ise2— If ^n. pt> STATE FORESTRY LAWS MARYLAND. violation of such laws; collect data relative to forest destruction and conditions; direct the protection and improvement of State parks and forest reserves and co-op- erate with land owners as described in Section 4 of this article. He shall annually deliver a course of lectures at the Maryland State Agricultural College bearing upon forestry and silviculture, subject to the approval of the Trustees of the College and of the State Board of Forestry, and as far as his duties as State Forester will permit, carry on an educational course of lectures on Forestry at the Farmers' Institutes and similar meetings within the State. He shall act as Secretary of the State Board of Forestry and shall prepare for the Board annually a report on the progress and condition of State Forest work and recom- mend therein plans for improving the State system of forest protection, management and replacement. [L. 1906, Ch. 294, L. 1914, Ch. 823.] Sec. 4, Art. 39A, Annotated Code (Pub. Civ. Laws, 1911), Co-operative workiiig plans. — The state forester shall upon request, under the sanction of the state board of forestry, and whenever he deems it essential to the best interests of the people of the State, co-operate with counties, towns, corporations and individuals in preparing plans for the protection, management and replacement of trees, wood-lots and timber tracts, under an agreement that the parties obtaining such assistance pay at least the field expenses of the men employed in preparing said plans. [L. 1906, Ch. 294.] Sec. 8, Art. 39A, Annotated Code (Pub. Gen. Laws, 1914). County Commissioners to levy and appropriate for tree planting, forest protection, etc. — The Board of County Commissioners of I he several counties of this State are hereby authorized to levy and ajipropriate money for purposes of tree planting and care of trees, and for forest protection, improvement, management and purchase. [L. 1906, Ch. 294. L. 1910, Ch. 161. L. 1914, Ch. 823.] Sbc. 15, Art. 39A, Annotated (^ode (Pub. Civ. Laws, 1911). Forest reserve fund. — All money received as pen- alties for violations of the provisions of this article, less the cost of collection and not otherwise provided for, together with any amount obtained from the State forest reserves, shall be paid inti) the state treasiuy to the credit of the forest reserve fund, which fund is hereby created; and the monies in said fund are hereby appropriated for purposes of forest protection, management, replacement and extension, under the direction of the state board of forestry. [L. 1906, Ch. 294.] Sec. 18, Art, 39A, Annotated Code (Pub. Gen. Laws, 1914.] Appropriation for forest work and fire protec- tion.— For the maintenance, use and extension of the work under the State Board of Forestry, and for forest fire protection, there is hereby appropriated the sum of ten thousand dollars (.$10,000) annually out of any moneys in the State Treasury not otherwise appropriated, to be placed to the credit of the State Forest Reserve fund, [L, 1912, Ch. 348, Sec, 3,] Sec, 19, Appropriation for publication of reports and maps. — There is hereby appropriated out of any moneys in the State Treasury not otherwise appropriated, the sum of six thousand dollars ($6,000) for the publication of forest reports and maps of the forest areas of the several counties of the State, to be placed to the credit of the Forest Reserve Fund. [L, 1912, Ch, 348, Sec. 4.] PART IL— FIRES. (This division comprises the general provisions of law, if any. concerning protection from forest tires. For local- ized provisions, if any, concerning protection of State- owned lands, see Part III,) (1) PROTECTIVE SYSTEM. (This subdivision comprises the provisions of law , if any, defining tie personnel, and the administrative duties, of the State organization charged with the prevention, de- tection, control and extinguishment of forest fires. For specific pro^'isionB, if any, concerning similar duties in connection with railroad fires, slash disposal, and fallow and other fires, see subdivisions (2), (3), and (4), respec- tively.) Sec 5, Art, 39A, Annotated Code (Pub, Gen. Laws, 1914), Forest wardens — Appointment — Compensation — Powers. — ^\'henever the State Forester considers it nec- essary he may apply to the Governor to commission such persons as he may designate to act as Forest Wardens of this State, to enforce the forest laws and to carry out all the purposes of this article, and any work that may be assigned to them by the State Forester, If the Governor approves such persons he may appoint them Forest Wardens for a term of two years, but they shall be subject to removal at any time at the pleasure of the Governor, Such Wardens shall receive such compensation for their ser\-ices as shall be fixed by the State Board of Forestry. Forest Wardens thus appointed shall before entering upon the duties of their office take the proper official oath before the Clerk of the Court of the County in which they reside, after which they shall while holding said office, possess and exercise all the authority and power held and exercised by con- stables at common law under the statutes of this Stat«, so far as arresting and prosecuting persons for all violations of any of the forest laws or of the laws, rules and regulations enacted or to be enacted for the protection of the State forestry reservations, or for the protection of the fish and game contained therein are concerned. [Ij. 1900, Ch. 294. L. 1910, Ch. 161. L. 1914, Ch. 823.] LIBRARY OF CONGRESS RECEIVED MAY25l92f STATE FORESTRY LAWS MARYLAND. SF.f. ti. Art. 39A. Aknotated Code (Pub. Civ. Laws, Duties of wardens — Assistance — Expenses — Im- pressing citizens, horses, etc. — Penalty for refusal — No action for trespass to lie against wardens. — If .shall be tlie duty of the forest waideue to enforce all forest laws of this State, to protect the State forest reserves and see that all rules, regulations and laws are enforced: to report any violation of law to the state forester at the time of its occurrence, to assist in apprehending and con\-icting offenders, and to make an annual report to him as to forest conditions in their immediate neighborhood. When any forest warden shall see or have reported to him a forest fire, it shall be his duty to immediately repair to the seat of the tire and employ such persons and means as in his judgment seem expedient and necessary to extinguish said tire. He shall keep an itemized account of all expenses thus incurred and send such account immediately to the state forester. He shall have control and direction of all persons and apparatus engaged in extinguishing forest tires. He may summon male inhabitants of the county between the ages of IS and 50 years to assist in extinguishing fires, and may also require the use of horses and other property needed for such purpose. Any person so summoned who is physically able, who refuses or neglects to assist, or to allow the use of horses, wagons or other material required, shall be liable to a penalty of ten dollars.' No action for trespass shall lie against a forest warden or anyone working under his direction, for entering lands of individuals or cor- porations for the purpose of extinguishing a fire, plowing furrows, or tearing down fences, or starting a back fire to check a lire that may be approaching. [L. 190(5, Ch. 294. L. 1910, Ch. 161.] Sec. 7. Aht. :59A, Anxotateo Code (Piis. Gex. Laws, 1914). Expenses of extinguishing fires — Proviso. — The expenses incurred in fighting or extinguishing any (ire un- der the direction of the State Forester, or a forest warden, shall be borne half by the county in which the fire occurred and half by the State, and shall first be payable in full by the County Commissioners of such county upon receipt of an itemized account, with vouchers approved by the State Forester; the half to be paid by the State shall be re- fimded by the order of the State Hoard of Forestry out of any moneys standing to the credit of the State Forestry Fund, upon presentation of the accounts, together with evidence that the County Commissioners have paid the sum in full. Nothing in this article shall be so construed as to relieve the owner or lessee of lands upon which fires may Ijurn, or be started, from the duty of extinguishing such fires so far as may lie within his power. Xo such owner or lessee, nor person in the employ of such owner or lessee, shall receive any compensation from the State, or from the county, for fighting fires upon the lands of such owner or lessee. [L. 1906, Ch. 294. L. 1910, Ch. liil. L. 1912, Ch, 34S, Sec, 7,] 1 For provisions concerning prosecutions, see sec, 14, on p. 4, Sec, 9, Art, 39A, ,\nnot-\ted Code CPub Civ. Laws, 19] 1). Notices, fire and trespass Penalty for destruc- tion — Citizens to extinguish or report fires — Pen- alty for failure. — The state forester shall furni.sh notices, printed in large letters upon cloth, calling attention to the dangers of forest fires, and to forest fire and trespass laws and their penalties; such notices shall be distriljuted by the state forester to forest wardens and posted by them in conspicuous places upon the State forest reserves and along the highways in forest-covered country. It shall be un- lawful for any person to tear down or deface any forest fire warning notice. Any violation of the law shall be punish- able by a fine of ten dollars for each and every offense,' It shall be the duty of any person who discovers a forest or brush fire not under the control or supervision of some per- son, to extinguish it or to report it iniraediatelyto the local forest warden, and failure to do so shall be punishable by a fine not to exceed ten dollars, to be recovered upon com- plaint of the forest warden.' [L. 1906, Ch. 294. L. 1910, Ch. 161.] (2) RAILROAD FIRES. (ThLs siib(li\'ision comprises the provisions of law, if any, deliniug the responsibility of railroad and logging coinpauies, the precautions to l)e taken by them, and tueir liability for damages (Hcasimied in the operation and main- tenance of their trains and rights of way: also provisions concerning the use of sjiark arresters and other safeguards on traction, thrashing, other portable and sawmill en- gines, and boilers. ) Sec. 12. .\i(T. :}9A. Annotated Code iPih. Civ. L\ws 19111. Spark arresters, ash-pans, and fire boxes — Pen- alty. — Logging and railroad locomotives, donkey or threshing engines, and other engines ami boilers, operated in. through, or near forest or brush, which do not burn oil a-i fuel, shall be ]u-ovided with appliances to ])reveiit the escajjG of lir(j and sparks from the smoke-stacks thereof, and with device.-; to ])revent the escape of fire from ash- ])ans and lire boxes. Failure to com])ly with these re- ([uirements shall be a misdemeanor, punishable, upmi conviction, by a fine of not less than $10 nor mure than $100 for such (each'.'] and every offense thus committed.' [L. 1906, Ch. 294.] Xote. — In addition to the criminal provisions in Section 12, railroads are liable, as corporations, in both criminal and civil actions for causing fires in violation of Soctioiie 10. 11, 12. For full text of pro- visions, see Sections 10. 11, Hi, on ]>. 4. Sec 'MM. .\rt. 2:1. .Vnnotated Code (Pi d. ('iv Laws, 1911). liability of railroad companies.- Railroad compa- nies shall be re,spou:iible fur injuries * * * by lire occasioned by their engines or carriages, U]m)Ii any of their roads and the branches thereof, unless the said companies can prove to the satisfaction of the justice or other tribunal ' For provisions concerning prosecutions, see sec. 14, on p. 4. STATE FORESTRY LAWS MARYLAND. before which the suit may he tiied that the injury com- ])laineil of was committed without auy negligence on the part of the com])any or its agents. Sec. 308. Prosecutions. — The damages caused by such injuries may be sued for and recovered by * * * the person injured by lire, before a justice of the peace, when the damages claimed shall not be over one hundred dollars, and in the circuit court for the county or the courts having civil jurisdiction over the amount claimed in the city of Baltimore, when the amount claimed exceeds one hundred dollars. Sec. 309. Prosecutions — Service of summons. — The damages claimed under section 307 of this article, shall be sued for in the county or city where the injuries shall have been done; and a gummons served upon the president or any of the directors or conductors of any of said companies shall be considered proper service upon the corporation; ])ro- vided, said service shall be made at least twenty days before the return day of the writ. Sec. 310. Judgment by default — Property liable to execu- tion. — If the company summoned shall not appear to answer at the time named in the summons, on the return of two summons served as aforesaid, the court or justice shall proceed to enter up judgment against said corpora- tion as if the said corporation had regularly appeared; but such judgment shall not be rendered until a£fida\'it shall be filed showing the name of the president, director or conductor on whom said service was made and the day of said service; and any property belonging to the corpo- ration shall be liable to execution for the amount of such j udgment. (3) SLASH DISPOSAL. (This subdivision comprises the provisiitns of law. if any, for slash disposal after lumbering and other cutting operations.) (4) FALLOW AND OTHER FIRES. (Tiiis subdivision comprises the provisions of law, if any, concerning the burning of fallow, brush, etc.. by farmers, and the general setting of fires to woods by hunters, fisher- men, and others.) Sec. 10, Art. 39A, Annotated Code (Pub. Civ. Laws, 1911). Setting -woods, etc., on fire — Penalty. — Every individual or corporation that carelessly, negligently, or wilfidly, maliciously, or with intent, sets on fire, or causes or procures to be set on fire, any woods, brush, grass, grain or stubble on lands not their own, shall be guilty of a mis- demeanor, and upon conviction be punishable by a fine of not less than $25 or more than .1il,000, or imprisonment for not less than tliirty tlays or more than one year, or both such tine and imprisonment.' |L, 1906, Ch. 294.] ' For provisions concerning prosecutions, see sec. 14, below. Sec. 11. Precautions to be taken in firing woods, etc.— Evidence — Damages. — It shall be unlawful for any person or corporation, as land owner, to set, or procure an- other to set fire to any woods, brush, logs, leaves, grass or clearing upon their own land, unless they shall have pre- viously taken all possible care and precaution against the spread of such fire to other lands not their own, by pre\-i- ously having cut and piled the same, or cai-efully cleared around the land wliich is to be burned, so as to prevent the spread of such fire. The setting of fire contrary to the provisions of this section, or allowing it to escape to the injury of adjoining lands, shall be ■prima facie proof of wil- fulness or neglect, and the land owner from whose land the fire originated shall be liable in a civil action tor damages lot the injury resulting from such tire, and also tor the cost of fighting and extinguishing the same. (L. 1906, Ch. 294.] Sec. 13. Liability under three preceding sections. — All individuals or corporations causing fires by violations of sections 10, 11 and 12 of this article shall be liable to the State, and to the county in which the fire occurred, in an action for debt to the full amount of all expenses incurred by the State or county in fighting ani^ extinguishing such fire. [L. 1906, Ch. 294.] Sec. 14. Jurisdiction of justices of the peace — Duty of State's attorneys. — Justices of the peace for this State in the county wherein the offence shall have been com- mitted shall have jurisdiction to hear and determine all prosecutions for the purpose of enforcing fines and penal- ties, collectible under the provisions of this article, not exceeding the amount of $100.00 and of holding the of- fender, under proper bail if necessary, for hearing before the circuit court, committing them to the county jail until .such hearing if the required bail is not furnished. It shall be the duty of the state's attorneys of the several coun- ties to prosecute all violators of section 10 of this article. [L. 1906, Ch. 294.] PART m.— PUBLIC FORESTS. (This division comprises the provisions of law, if any, for the establishment and care of State and municipal for- ests and nurseries, and for the practice of forestry on these and on other lands owned by the State.) (1) STATE FORESTS. (For other provisions, if any, concerning State forests and nurseries, see Part I.) Sec. 3, Art. 39A, Annotated Code (Pub. Gen. Laws, 1914.) Purchase of lands and gifts for State forest re- serves. — The State Board of Forestry shall have the power to purchase lands in the name of the State, suitable for forest culture and reserves, using for such purposes any special appropriation or any surplus money not otherwise STATE FOEESTBY LAWS MARYLAND. appropriated, which may be standing to the credit of the Forest Reser\^e Fund, and to make all rules and regula- tions governins; State Besers'es, and to employ such labor and do s\ich work as they deem wise in developing and protecting State Reserves under their jurisdiction; and that the Governor of the State is authorized upon the recommendation of said State Board of Forestry to accept gifts of land to the State, the same to be held, protected and administered by the State Board of Forestry as State Forest Reserves, and to be used so as to 'demonstrate the practical utility of timber culture, water conservation and as a breeding place for game. Such gifts must be abso- lute except for the reservation of all mineral and mining rights over and under said lands, and a stipulation that they shall be administered as State I''orest Reserves, and the Attorney-General of the State is directed to see that all deeds to the State of lauds mentioned above are prop- erly executed before the gift is accepted. [L. 1906, Ch. 294. L. 1914, Ch. 823.] Sec. 17. State forest nursery. — The State Board of J^orestry is merely [hereby ?J authorized to purchase land out of moneys standing to the credit of the Forest Reserve Fund, at a price exceeding five dollars ($5) per acre if necessary, for the establishment of a State Forest Nursery for the purpose of growing forest trees for planting on the State Reserves, and for distribution to private land-owners at cost, to encourage tree planting. (L. 1912, Ch. 348, sec. 2.] Note. — The State board of forestry and the State forester are also empowered to plant and care for trees along the roadsides, and to establish one or more State forest nurseries for the propagation of trees for road- side planting. For full text of provisions, see Sections 15A.-15I., Art. 39, Annotated Code (Pub. Gen. Laws, 1914). Sec. l.-jJ, Surplus trees for State forest reserve. — Any trees grown in the State Nurseries not required for roadside planting may be used lor planting on the State Forest Re- serve or may be furnished to any land owner of tliis State at not less than the cost of production ; provided such trees shall be plajited according to plans approved by the State Forester. [L. 1914, Oh. 824.] Sec. 20. Acquirement of land for State forest reserve. — The State Board of Forestry shall, in addition to the pow- ers heretofore granted it, have the power to be exercised within their discretion, to acquire by purchase lands be-- tween the town of Relay (or Elkridge Landing) and a point 10 miles above that town, on either side of the Patapsco River, in Howard and Baltimore counties, within a dis- tance of one-half mile on either side from the medial line of said river, at such prices as they may determine it tobe worth, within the appropriatioji hereunder made, the same to be paid for out of the funds appropriated by the Act of i 1912, Chapter 749, to be held by the State as a State Forest Reserve, imder the protection and administration of the ' State Board of Forestry, which shall exercise the same 1 power in the matter of making rules and regulations in tlie management thereof as other State forest reserves are now subject to or may hereafter be subject to. The territory- whicli may be acquired hereunder shall be subject to all the general laws heretofore passed by tlie Legislature of tlie Stale not inconsistent herewith, but acts inconsistent with the provisions of the Act of 1912, Chapter 749, are hereby repealed. [L. 1912, Ch. 749, Sec. 12.] Sec 1, Ch. 209, L. 1914, Additional land for State forest reserve. — Be it enacted by the General Assembly of Maryland, That the State Board ol I'orestry is empowered to purchase lands on the watershed of the Patapsco River for a State Forest Reserve beyond the limits defined in Section 12, Chapter 749 of the Acts of 1912,' which said limits were defined as "Lands between the town of Relay (or Elkridge Landing) and a point ten miles above that town on either side of the Pa- tapsco River in Howard and Baltimore Counties, within a distance of one-half mile ou either side of the medial line of said river," at such price as they may determine it to be worth, using for such purpose any imexpended balance in the Forest Reserve Fund standing to the credit of the Patapsco Reserve. Sec. 21, Art. 39A, .\nnotated Code (Pub. (Iex. Laws, 1914). Acquirement of tracts in Washington county, and other tracts — Appropriation. — The Stale Board of Forestry be and the same is hereby authorized to acquii'e fcir and in the name of the State a tract of land in Washing- ton county on which is situate Old Fort Frederick, together with such other additional land adjacent thereto as may in the judgment of such board be necessary and expedient, . said land when so acquired to be under the control of said boaril, and to be used by it in the execution of such plans as may be adopted by it for the reforestization of the State. The sum of eighty-five hundred dollars ($8,500), or BO much thereof as may be necessary, be and the same is hereby appropriated to the said State Hoard of Forestry, to be expended by said board in the acquisition of the property and in the accomplishment of the purposes s|)eci- fiedin this section. [L. 1912, Ch. 794, Sees. I, 2] Sec 22. Board empowered to condemn lands Expenses paid from forest reserve fund. — The State Board of Forestry shall have the right and power to condemn lands, earth, gravel, stone, timber, or materials, or any improve- ments in the name of the State, under Article 33A, title "Emment Domain," of the Code of Public General Laws of Maryland as passed in Chapter 117 of the Acts of 1912 when such action is necessary for carrying out the purposes of any Legislative Act, or for advancing the aims of fores- try, and the work of the State Board of Forestry, and they may pay all costs and expenses thus incurred out of any surplus moneys standing to the credit of the Forest Reserve Fund, not otherwise appropriated; nothing herein contained shall apply to the City of Baltimore. [L. 1914, Ch. 823.] 1 See Code sec. 20, above. STATE FORESTEY LAWS MARYLAND. (2) OTHER STATE LANDS. PART IV. — TAXATION. (Laws which provide merely for the protection of State lands other than State forests from fire and from timber and other forms of trespass, and for the sale of timber and other forest products therefrom, are not included because their intent is not one of forestry.) (3) MUNICIPAL FORESTS. (This division comprises the provisions of law, if any, coverinj; the classification and taxation of forested lands and lands to be forested, the purpose of which is to encour- age the practice of forestn,' by private owners; also such boimty and exemption laws as have a like purpose. For similar taxation provisions, if any, concerning State or municipal forests, or other State lands see Part III.) WASHIXGTO.N ; GOVERNMENT PRINTING OFFICE ; 1916 Dato of issue, August 18, 1915. UNITED STATES DEPARTMENT OF AGRICULTURE 'J FOREST SERVICE Henry S. Graves, Forester STATE FORESTRY LAWS A parallel classification showing the comparative progress of each State in forestry legislation MISSOURI (Serial 1— Through Reg. Sess., 1915) Compiled in the Office of State Cooperation by Jeannie S. Peyton PURPOSE OF COMPILATION Information about the forestry laws of tlie various States, especially about those laws dealing with certain specific problems, is bemg demanded more and more; and requests for such information, coming from legislators. State administrative officers, forestry associations, forest schools, and other bodies and individuals, have led to the compilation, informally, of such State laws as bear more or less directly on the practice of forestry. The purpose of the compilation, of which this serial is a part, is to make easy a comparative study of the laws of the different States and to further the development of practical forestry legislation. By the classification of the laws and parts of laws under the headings: "Admm- istration," "Fires," "Public Forests," and "Taxation," the comparison is simplified, and the progress of each State, or lack of it, m these particidars, is clearly shown. The better to accomplish this educational aim, the great mass of timber and tree laws and those finer pomts of reference proper only to a legal or administrative manual have been omitted. PART I.~ADMINISTRATION. (This division comprises the pro\asions of law, if any, defining the general administrative duties of the regularly constituted State forestry officials; also certain miscella- neous forestry provisions. For specific provisions, if any, concerning administrative duties of these or other State officers in connection with forest fires, State and munici- pal forests and nurseries or other State lands, or forest tax- ation, see Parts II, III, and IV, respectively.) PART n.— FIRES. (This division comprises the general pro\'isions of law, if any, concerning protection from forest fijes. For local- ized provisions, if any, concerning protection of State-owned lands, see Part III.) (1) PROTECTIVE SYSTEM. (This subdivision comprises the provisions of law, if any. defining the personnel and the administrative duties of the State organization charged with the prevention, detec- tion, control, and extinguishment of forest fire.s. For spe- cific provisions, if any, concerning similar duties in con- nection with railroad fires, slash disposal, and fallow and other fires, see subdivisions (2), (3), and (4), respectively.) 1282—15 (2) KAILROAD FIKES. (This subdi^^sion comprises the provisions of law, if any, defining the responsibility of railroad and logging compa- nies, the precautions to be taken by them, and their lia- bility for damages occasioned in the operation and main- tenaiiceof their trains and rights of way; also proAdsions concerning the use of spark arresters and other safeguards on traction, thrashing, other portable and sawmill engines, and boilers.) Sec. 3150, Art. II, Ch. 33, Rev. St.a.t., 1909, Vol. 1. Rights of way, clearing: Periods for— Action by adjoining owners; recovery of costs for— Penalty.— * * * it shall be the duty of everv- corporation, com pany, or person owning or operating any railroad or br.uich thereof in this state, to cause all dead or drj' vegetation and undergrowth upon the right of way occupied by such rail- road company to be cleaned off and burned up or removed twice in each year for the purpose of preventing the spread of fire and the destruction of property, to wit: Between the 1st and 15th day of August, and between the 5th and 25th days of October, in each year, and in case any such corpo- ration,, company or person shall fail or neglect to do so, within the times Umited in this section, any person owning ^■^p STATE FOKESTSY LAWS MISSOUBI. land adjoining such railroad is hereby authorized, after giving three days' notice, in writing, to such owner or oper- ator of said railroad, by service upon the nearest station agent or section foreman, to cause all such dead or dry vege- tation and undergrowth upon the right of way occupied by. said railway company to be cleaned off and l)urned up in front of and adjoining his land, and such land owner may maintain an action against said corporation, conipany or person so failing to perform this duty, in any court of com- petent jurisdiction, and shall be entitled to recover double the amount of all expenses and damages incurred and ac- cruing thereby, together with costs; and any corporation, company or person failing to comply with the provisions of this section shall incur a penalty not to exceed two hun- dred dollars and be liable for all damages done by said neglect of duty, and each neglect of duty shall be a sepa- rate offense. [Rev. Stat., 1899, Sec. 1110, amended by L. 1907, p. 169, and L. 1909, p. 359.] Sec. 3151. Fires caused by engines, damages for — Insurable interest. — Each railroad corporation owning or operating a railroad in this state shall be responsible in damages to every person and corporation whose property may be injured or destroyed by fire communicated directly or indirectly by locomotive engines in use upon the ra ^road owned or operated by such railroad corporation, and each sych railroad corporation shall have an insurable interest in the property upon the route of the railroad owned or operated by it, and may procure insurance thereon in its own behalf for its protection against such damages. [Rev. Stat., 1899, Sec. 1111.] (3) SLASH DISPOSAL. (Tliis subdivision comprises the provisions of law, if any, for slash disposal after lumbering and other cutting operations.) (4) FALLOW AND OTHER FIRES. (This subdivision comprises the pro^asions of law, if any, concerning the burning of fallow, brush, etc., by farmers, and the general setting of fires to woods by hunters, fishermen, and others.) Sec. 4621, .\nT. V, Ch. 36, Rev. Stat., 1909, Vol. 2. Setting Are to woods — Penalty. — If any person shall wilfully set on fire any woods, marshes or prairies not his own, or shall negligently or carelessly set out or leave fire on land or premises not Ms own, whereby any damage shall be done, such person shall, upon conviction, be punished by imprisonment in the county jail not exceed- ing twelve months, or by fine not exceeding five hundred dollars. [Rev. Stat., 1899, Sec. 1980.] Sec. 4629. Malice, evidence of. — It shall not be necessary to show on the trial of any offense for malicious trespass or injury to property specified in this article that the offense was committed from malice conceived against the owner of the property, * * * but if the act was wrongfully, intentionally and wilfully done, it may be inferred that it was done maliciously. [Rev. Stat., 1899, Sec. 1989.] Sec. 5432, Art. I, Ch. 38, Rev. Stat., 1909, Vol. 2. Wilfully setting on Are woods, etc. — Penalty. — If any person shall wilfully set on fire any woods, marshes or prairies, so as thereby to occasion damage to any other person, such person shall pay a sum not exceeding five hundred dollars nor less than fifty dollars, one-half thereof for the use of the person suing for the same, and the other half to the use of the county in which the offense is com- mitted. [Rev. Siat., 1899, sec. 2871.] Sec 5433. Damages, measure of. — If any person shall wilfully set on fire any woods, marshes or prairies, whether his own or not, so as thereby to occasion any damage to any other person, such person shall make satisfaction in double damages to the party injured, to be recovered by civil action. [Rev. Stat., 1899, sec. 2872.] Sec. 6531, Am. II, Ch. 49, Rev. Stat., 1909, Vol. 2. Firing timber or grass — Camp lire unextin- guished — Penalty. — No person shall set fire to any tim- ber or grass on land belonging to this state or to the United States, or set fire to any place where it is liable to spread to such timber or grass, nor abandon any camp fire unex- tinguished. Any person violating any of the provisions of this section shall be deemed guilty of a misdemeanor, and, upon conviction shall be fined not less than twenty- five dollars nor more than two hundred dollars. [L. 1909, p. 519.] PART ra.— PUBLIC FORESTS. (Tliis division comprises the provisions of law, if any, for the establishment and care of State and municipal forests and nurseries, and for the practice of forestry on these and on other lands owned by the State.) (1) STATE FORESTS. (For other provisions, if any, concerning State forests and nurseries, see Part I.) (2) OTHER STATE LANDS. (Laws which provide merely for the protection of State lands other than State forests from fire and from timber and other forms of trespass, and for the sale of timber and other forest products therefrom, are not included because their intent is not one of forestry.) (3) MUNICIPAL FORESTS. PART IV.— TAXATION. (Tliis division comprises the provisions of law, if any, covering the classification and taxation of forested lands and lands to be forested, the purpose of which is to encour- age the practice of forestry by private owners; also such bounty and exemption laws as have a like purpose. For similar taxation provisions, if any, concerning State or municipal forests, or other State lands, see Part III.) r LIBP?ARY OF CONGRESS '~l WASHINGTON : GOVERNMENT PRINTING OFFICB : 1916 Date of issue, August IS, 191.5 UNITED STATES DEPARTMENT OF AGRICULTURE >> FOREST SERVICE Henry S. Graves, Forester STATE FORESTRY LAWS A parallel class«fication showing the comparative progress of each State in forestry legislation TEXAS (Serial 1— Through Reg. Sess., 1915) Compiled in tho Office of State Cooperation by Jeannie S. Peyton PURPOSE OF COMPILATION Information about the forestry laws of the various States, especially about those laws dealing with certain specific problems, is being demanded more and more ; and requests for such information, coming from legislators, State administrative officers, forestry associations, forest schools, and other bodies and individuals, have led to the compilation, informally, of such State laws as bear more or less directly on tho practice of forestry. The purpose of the compilation, of which tliis serial is a part, is to make easy a comparative study of the laws of the different States and to further the development of practical forestry legislation. By the classification of the laws and parts of ^aws under the headings: "Adminis- tration," "Fh-es," "PubHc Forests," and "Taxation," the comparison is simphfied, and the progress of each State, or lack of it, in these particulars, is clearly shown. The better to accomphsh this educational aim, the great mass of timber and tree laws and those finer points of reference proper only to a legal or administrative nuxnual have been omitted. PART I.— ADMINISTRATION. (This division comprises the provisions of law, if any, defining the general administrative duties of the regularly constituted State forestry officials; also certain miscellane- ous forestry provisions. For specific provisions, if any, concerning administrative duties of these or other State officers in connection with forest fires, State and municipal forests and nurseries or other State lands, or forest taxation, see Parts II, III, and IV, respectively.) Sec. 1, Ch. 141, L. 1915. State Forester: Appointment — Qualifications — Compensation and expenses — Assistants and em- ployes — Action re fires — Pi-osecutions by— Forest data — Co-operation — Reports by. — That there shall be appointed by the Board of Directors of the Agricultural and Mechanical College of Texas a State Forester, who sh^ll bo a technically trained forester of not less than two years' experience in professional forestry work; his compensation shall be fixed by said board at not to exceed three thousand ($3,000) dollars per annum, and he shall bo allowed 1283—15 -l reasonable traveling and field expenses incurred in the performance of his oflicial duties. He shall, under the general supervision of said board, have direction of all forest interests and all matters pertaining to forestry within the jurisdiction of the State. He shall appoint, subject to the approval and confirmation of said board, such assistants and employes as may be necessary in executing the duties of his ofBce and the purposes of said board, the compensation of such assistants and employes to be fixed by the said board. He shall take such action as may be deemed necessary by said board to prevent and extinguish forest fires, shall enforce all laws pertaining to the protection of forest and woodlands, and prosecute for any violation of such laws; collect data relative to forest conditions, and to co-operate with land owners as de- scribed in Section 2 of this Act. He shall prepare for said board annually a report on the progress and condition of State forestry work, and recommend therein plans for improving the State system of forest protection, manage- ment and replacement. ■.fi^ STATE rOBESTRY LAWS TEXAS. Sec. 2. Cooperation In preparing forest worljing plans- Expense.— That the State Forester shall, upon request, under the sanction of the Board of Directors, and when- ever he deems it essential to the best interests of the people of the State, cooperate with counties, towns, corporations or individuals in preparing plans for the protection, man- agement and replacement of trees, woodlots and timber tracts, under an agreement that the parties obtaining such assistants [assistance] pay at least the field expenses of the men employed in preparing said plans. Sec. 5. Annual appropriation for State forestry fund.— That for the maintenance, use and extension of the work under the Board of Directors, and for forest fire protection, there is herelay appropriated the sum of ten thousand ($10,000) dollars annually out of any moneys in the State Treasury not otherwise appropriated, to be placed to the credit of the State forestry fund.' Sec. 6. Cooperation with Federal Forest Service. — That the Board of Directors may co-operate with the Federal Forest Service under such terms as may seem desirable. PART II.— FIRES. • (This division comprises the general provisions of law, if any, concerning protection from forest fires. For local- ized pro\asions, if any, concerning protection of State- owned lands, see Part III.) (1) PROTECTIVE SYSTEM. (This subdivision comprises the provisions of law, if any, defining the personnel, and the administrative duties, of the State organization charged with the prevention, detec- tion, control, and extinguishment of forest fires. For spe- cific provisions, if any, concerning similar duties in con- nection with railroad fires, slash disposal, and fallow and other fires, see subdivisions (2), (3), and (4), respectively.) Sec. 1, Ch. 141, L. 1915. State Forester: Action re fires. — * * * He [State Forester] shall take such action as may be deemed necessary by said board [Board of Directors of the Agricul- tural and Mechanical College of Texas] to prevent and ex- tingiush forest fires, shall enforce all laws pertaining to the protection of forest and woodlands, and prosecute for any violation of such laws; * * *.' Art. 4042, Ch. 3, Rev. Civ. Stat., 1911. Game, fish and o.vster commissioner and deputies made Are commi.ssioners; duties of. — The game, fish, and oyster commissioner and his deputies appointed under the provisions of this chapter are hereby made fire commis- sioners, and it shall be their duty, in addition to their duties provided for in this chapter, to caution sportsmen or other persons, while in the woods or marshes or prairies, of the danger from fire, and to extinguish all fires left burning by ' For State forestry fund, see sec. 4, on p. 3. » For full text of this section, see p. 1. any one, to the extent of their power, and to give notice to any and all parties interested, when possil>le, of fires raging and beyond their control, to the end that same may be controlled and extinguished. [Acts 1907, p. 257, sec. 12.] (2) RAILROAD FIRES. (Tills subdivision comprises the provisions of law, if any, defining the responsibility of railroad and logging compa- nies, the precautions to be taken by them, and their lia- bility for damages occasioned in the operation and main- tenance of their trains and rights of way ; also provisions concerning the use of spark arresters and other safeguards on traction, thrashing, other portable and sawmill engines, and boilers.) (3) SLASH DISPOSAL. (This subdivision comprises the provisions of law, if any, tor slash disposal after lumbering and other cutting opera- tions.) (4) FALLOW AND OTHER FIRES. (This subdivision comprises the provisions of law, if any, concerning the burning of fallow, brush, etc., by farmers, and the general setting of fires to woods by hunters, fish- ermen, and others.) « Art. 1218, Penal Code, 1911. Burning woodland or prairie — Penalty. — If any person shall wilfully or negligently sot fire to, or burn, or cause to be burned, any woodland or prairie, not his own, he shall be punished liy fine not less than fifty nor more than three hundred dollars. [Act April 14, 1883, p. 102. Art. 1219. Offense complete, when. — The offense named in the foregoing article is complete where the person offending sets fire to his own woodland or prairie and the fire com- municates to the woodland or prairie of another. Art. 1225. Firing grass in inolosure of another — Penalty. — Any person who shall wilfully lire any grass within any inclosure, not his own, in this state, with intent to destroy the grass in such pasture, or any part thereof, or any person who shall fire the grass on the outside of any inclosure with the intent to destroy the grass in such inclosure, by the communication of said fire to the grass witliin, shall be deemed guilty of a felony, and, upon conviction, punished by confinement in the state penitentiary for a term of not less than two nor more than five years. [Act Feb. 7, 1884, pp. 66, 67.] PART III.— PUBLIC FORESTS. (This division comprises the provisions of law, if any, for the estabhshment and care of State and municipal forests and nurseries, and for the practice of forestry on these and on other lands owned by the State.) (1) STATE FORESTS. (For other provisions, if any, concerning State forests and nurseries, see Part I.) Sec. 3, Ch. 141, L. 1915. State Forests: Acquirement of lands— Use of— Funds available for— Title deeds.— That the Governor [" LIBRARY OF CpNGRESS STATE FORESTRY LAWS TEXAS. of the State is authorized, upon the recommendation of the Board of Directors, to accept gifts of land to the State, same to be held, protected and administered by said board as State forests, and to be used so as to demonstrate the practical utility of timber culture and water con- servation, and as refuges for game. Such gifts must be absolute except for the reservation of all mineral and mining rights over and under said lands, and a stipulation that they shall be administered as State forests. The Board of Directors shall have the power to j)urchase lands in the name of the State, suitable chiefly for the production of timber, as State forests, using for such pur- poses any special appropriation or any surplus money not otherwise appi'opriated, which may be standing to the credit of the .State forestry fund. The Attorne)' General of the State is directed to see that all deeds to the State of land mentioned in this section are properly executed before the gift is accepted or pay- ment of the purchase money is made. Sec. 4. State forestry fund created. — That all moneys re- ceived from ihe sale of wood, timber, minerals or other products from the State forests, and penalties for trespass- ing thereon, shall be paid into the State Treasury, and shall constitute a State forestry fund ', and the moneys in said fund are hereby appropriated for purpo.ses of forestry in general, under the direction of the Board of Directors. (2) OTHER STATE LANDS. (Laws which provide merely for the protection of State lands other than State forests from fire and from timber and other forms of trespiiss, and for the sale of timber and other forest products therefrom, are not included because their intent is not one of forestry.) (3) MUNICIPAL FORESTS. PART IV. TAXATION. (This di^"ision comprises the provisions of law, if any, covering the classification and taxation of forested lands and lands to be forested, the purpose of which is to en- courage the practice of forestry by private owners; also such bounty and exemption laws as have a like purpose. For similar taxation provisions, if any, concerning State or municipal forests, or other State lands, see Part III.) I See also sec. 5, on p. 2. WASHI.NGTON : OOVBRNMENT PRINTING OFFICE; 1915 Date of issue August IS, 1915. UNITED STATES DEPARTMENT OF AGRICULTURE FOREST SERVICE Henry S. Graves, Forester STATE FORESTRY LAWS A parallel classification showing the comparative progress of each State in forestry legislation VffiGINIA (Serial 1— Through Reg. Sess., 1914) Compiled in the Office of State Cooperation by Jeannie S. Peyton PURPOSE OF COMPILATION Iiiforiiiation about tlie forestry laws of the various States, espeeially aV)out those laws (lealiufj with^certaiu specific problems, is being demanded more and more; and requests for such information, coming from legislators. State administrative officers, forestry associations, forest schools, and other bodies and individuals, have led to the comjiilation. informally, of such State laws as bear more or less directly on the practice of forestry. The purpose of the compilation, of which this serial is a part, is to make easy a comparative study of the laws of the different States and to further the development of practical forestry legislation. By the classification of the laws and parts of laws under the headings: "Adminis- tration," "Fires," "Public Forests," and "Taxation," the comparison is simplified, and the progress of each State, or lack of it, in these particulars, is clearly shown. The better to accomplish this educational aim, the great mass of timber and tree laws and those finer points of reference ))roper only to a legal or administrative manual have been omitted. PART I.— ADMINISTRATION. (This division comprises tht- provisions of law, if any, defining the general administrative duties of the regularly constituted State forestry officials; also certain miscella- neous forestry provisions. For specific provisions, if any, concerning administrative duties of these or other State officers in connection with forests fires. State and munici- pal forests and nurseries or other State lands, or forest tax- ation, see Parts II, III, and IV, respectively.) Sec. 1 Ch. 19.5, L. 1914. Office of State Forester — (Jeological commission, personnel. — Be it enacted by the general as.sembly of Virginia, That there be, and is hereby, created the office of State forester, which shall be under the direction and control of the State geological commission, composed of the governor (who shall be ex-officio chairman of said commission), the president of the University of Virginia, the president of the Virginia Polytechnic Institute, the superintendent of the Virginia MiUtary Institute, and one citizen from the State at large, who shall be appointed by the governor for a period of four years. 1890—15 Sec. 2. Forester, appointment; qtialifications. — The State forester shall be appointed by said commiasion, and he shall be a technically trained forester, and shall have both a practical and theoretical knowledge of forestry. Sec. 3. Bond. — The State forester, before ent For provisions concerning prosecutions, see sec. 26, on p. 5, Sec. 3859, Code, 1904. Spark arresters on engines moved with steam — Penalty. — Any person, who moves any engine with steam on any road shall * * *. Such engine shall be pro- vided with a good spark arrester in proper order and place, to prevent spreading fire. If any person violate any pro- vision of this section he shall be fined not less than five nor more than twenty dollars. [L. 1883-4, p. 519.] (3) SLASH DISPOSAL. (This subdivision comprises the provisions of law, if any, for slash disposal after lumbering and other cutting operations.) (4) FALLOW AND OTHER FIRES. (This subdivision comprises the provisions of law, if any, concerning the burning of fallow, brush, etc., by farmers, and the general setting of fires to woods by hunters, fishermen, and others.) Sec. 3701, Code Supp., 1910. Setting fire to woods, grass, etc. — Penalty. — If any person unlawfully and maliciousl)' set fire to any woods, fence, grass, straw or other thing capable of spreading tire on lands, he shall be fined not less than five nor more than five hundred dollars, and be confined in jail not less than one nor more than twelve months, or in the discre- tion of the jury be confined in the penitentiary not less than one nor more than three years. [L. 1908, Ch. 40.] Sec. 3702, Code, 1904. Setting fire to woods, marshes, brush, etc., whereby another is damaged — Penalty. — If any per- son carelessly, negligently, or intentionally set any woods or marshes on fire, or set fire to any stubble, brush, straw, or inflammable substance, capable of spreading fire on lands, whereljy damage is done to the property of another, he shall be fined not less than ten nor more than one hun- dred dollars. [L. 1887-8, p. 288.] Sec. 23, Ch. 195, L. 1914. Burning brush, etc.: precautions — Prima facie proof of wilfulness or neglect — Civil action and costs. — It shall be unlawful for any persons or corpora- tions, as land owner, to set, or procure another to set, fire to any woods, brush, logs, leaves, grass, or clearing upon their own land, unless they have previously taken all pos- sible care and precaution against the spread of such fire to other lands not their own, by previously having cut and piled the same, or carefully cleared around the land which is to be burned, so as to prevent the spread of such fire. The setting of fire contrary to the provisions of this section, or allowing it to escape to the injury of adjoining lands, shall be prima facie proof of wilfulness or neglect, and the land owners from whose land the fire originated shall be liable in a civil action for damages for the injury resulting from such fire, and also for the cost of fighting and extinguishing the same. STATE FOKESTEY LAWS VIKGINIA. Sec. 25. Liability to State or county for damage by flres, and expen.ses. — All individuals and corporations cauaing (ires by violation of any of the provisions of this act shall bi' liable to the State or county in which the fire occurred for all damages the State or the county may sustain by such fire or fires, and, in addition thereto, to the full amount of all expenses incurred by the State or county in fighting or extinguishing said fire. Sec. 26. Juri.sdictlon in cases of prosecution — State's at- torney to prosecute. — Justices of (he peace for this State, in the county wherein the offense shall have been com- mitted, shall have the jurisdicdon to hear and determine all prosecutions for the purpose of enforcing fines and pen- alties collectible under the provisions of this act, not ex- ceeding the amount of one hundred dollars, and of holding the offender, under proper bail if necessary, for healing before the circuit court, and committing him to the county jail until hearing, if the required bail is not furnished. It shall be the duty of the Commonwealth's attorney of the several counties to prosecute all violators of this act. PART III.- PUBLIC FORESTS. (This division comprises (he provisions of law, if any, for the establishment and care of State and municipal for- ests and nurseries, and for the practice of forestry on these and on other lands owned by the State.) (1) STATE FORESTS. (For other provisions, if any, concerning Slate fon'sts and nurseries, see Part I.) Si. 4, Ch. 11)5, L. 1914. Management of State forests, and funds. — The care, management and preservation of the forest reserves of the State hereafter to be acquired and established, and the forests thereon, as well as future growth thereon, and all moneys appropriated in that behalf, or collected there- from in any way, and all personal and real property ac- quired to carry out the objects of this act, are hereby made subject to the control of the said State geological commis- sion as the same may be herein or in subsequent acts de- fined and required. Sec 5. Purcliase of lands— Rules and regulations — Gifts of land.s— Mineral and luiuing rights Deeds.— Said commission shall have the power to purchase lands in the name of the State suitable for forest reserves, at a price which shall not exceed ten dollars per acre, using for such purposes any surplus money not otherwise appro- priated which may be standing to the credit of the forest reserve fund, and to make and enforce all rules and regu- lations governing State reserves, the care and maintenance thereof, the pre^•enting of trespassing thereon, and for the conduct of its officers, agents, and employees; and it may accept gifts of land and money to the State for forestry purposes, the same to be held, protected, and administered by said commission as a State forest reserve, and to be used so as to demonstrate the practical utiljty of timber culture and as a breeding place for game. Such gifts must be absolute, except that mineral and mining rights over and under land which may be donated may be reserved by the donors, and that (hey may be subject to a stipulation that the lands .shall be administered as State forest re- serve, and the attornej' general of the State is directed to see that all deeds to the State lands mentioned above are properly executed before the gift is accepted. Sec 6. Title. — Before completing lh<' purchase of any laud for forestry purposes, the attorney general of the State shall see to it that a good title thereto is obtained and that the deed or deeds therefor are properly executed before pay- ment is made of the purchase money. Sec 9. Sale of Timber— Bids— Proceeds, disposal of.— For (he purpose of preserving (he living and growing (imber and promoting (he younger grow(h on forest reservations, said commission, upon the recommendation of the Stale forester, may cause to be designated and appraised so much of (he dead, ma(ured, or large growth of trees found upon the forest reservations of the State as may be com- patible with the utilization of the forest thereon, and may sell the same for not less than the appraised value thereof. When the appraised value of the trees (o be sold is more than one (housand dollars, said commission, before making sale thereof, shall receive bids therefor, after notice by publication once a week for four weeks in two newspapers of general circulation; but said commission shall have the right to reject any and all bids and to readvertise for bids. The proceeds arising from the sale of the timber and trees so sold shall be paid into the State treasury, and shall be held as a special fund for the purcha.se of addi- tional lands, and shall be paid out in like manner as money appropriated for the use of said commission. Sec 10. Leases, etc., for removal of gas, oil, etc. — Bids — Proceeds, disposal of. — The said commission is hereby empowered to make and execute contracts and leases, in the name of the Commonwealth, for the removal or mining of gas, oil, or any valuable minerals that may be found in said forestry reservations whenever it shall be made to appear to said commission that it would be for the best interest of the Commonwealth to make such disposition of such gas, oil, or minerals; but before a contract or lease is made the same shall be approved by the governor of the State, and bids therefor shall be received after notice by publication once a week for four weeks in two newspapers of general circulation. The said commission shall have the right to reject any or all bids and to readvertise for 6 STATE FORESTRY LAWS VIRGINIA. bids. The acceptod bidder shall give bond with good and sufficient surety to the satisfaction of said commission, and in such amount as it may fix for the faithful performance on his part of all the conditions and covenants of said con- tract or lease. The proceeds arising from any such con- tract or lease shall be paid into the State treasury, to be held and used for the same purpose as the proceeds from the sale of trees and timber, and be paid out in like manner. Sec. 11. Lands not subject to warrant, etc. — WTien lands have been acquired by the Commonwealth for forestry pur- poses, however the same may have been acquired, they shall not thereafter be subject to warrant, survey, or patent. Sec. 14. Nurseries — Seeds and seedlings. — The commission may establish and maintain a nursery, or nurseries, for the propagation of forest-tree seedlings, either upon one or more of the forest reservations of the State, or upon such other land as the said commission may and which it is hereby empowered to acquire for that purpose. Seedlings from tliis nursery shall be furnished to the Commonwealth without expense for use upon its forest reservations or other public grounds or parks. Seeds and seedlings may also be distributed to land owners and citizens of this Commonwealth under and subject to such rules and regu- lations as may be established by said commission. Sec. 21. Penalties for violations of rules and regulations. — Whoever violates any rule or regulation for the government or use of any State reservation or park, or road or boule- vard traversing the same, shall, for such offense, be pun- ished by a fine of not less than five dollars nor more than fifty dollars, and if the person so fined neglects or refuses to pay the same, he shall be committed to the jail of the county, there to remain until such iine be paid, but not longer than one day for each and every two dollars of the fine imposed.' Sec. 22. Fires and Trespass on State forests — Penalties. — Any person or persons who shall kindle fire upon any of the forestry reservations of this Commonwealth, except in accordance with such rules and regulations as may be pre- scribed by the said commission, or who shall cut and re- move any timber whatever, or who shall do or cause to be done any act that will damage forest land or timber be- longing to the Commonwealth, shall be guilty of a misde- meanor, and, upon conviction thereof, be subject to a pen- alty not exceeding five hundred dollars for each offense committed, with costs of suit. If the defendant or defend- ants neglect or refuse to pay the penalty and costs imposed, he or they shall be committed to the jail of the county, there to remain until such penalty and costs are paid, but no longer than one day for each and every two dollars of the fine and costs imposed.' (2) OTHER STATE LANDS. (Laws which provide merely for the protection of State lands other than State forests from fire and from timber and other forms of trespass, and for the sale of timber and other forest products therefrom, are not included, because their intent is not one of forestry.) (3) MUNICIPAL FORESTS. PART IV. TAXATION. (This division comprises the provisions of law, if any, covering the classification and taxation of forested lands and lands to be forested, the purpose of which is to encour- age the practice of forestry by private owners; also such bounty and exemption laws as have a like purpose. For similar taxation provisions, if any, concerning State or municipal forests or other State lands, see Part III.) 1 For provisions concerning prosecutions, see sec. 2S, on p. 5. WASHINGTON : QOVBRNMBNT PELNTING OFFICE : 1916 Date of issue October 9, 1915. UNITED STATES DEPARTMENT OF AGRICULTURE FOREST SERVICE Henry S. Graves, Forester STATE FORESTRY LAWS A parallel classification showing the comparative progress of each State in forestry legislation IDAHO (Serial 1— Through Reg. Sess., 1915) Compiled in the Office of State Cooperation by Jeannie S. Peyton PURPOSE OF COMPILATION Information about the forestry laws of the various States, especially about those laws dealing with certain specific problems, is being demanded more and more; and requests for such information, coming from legislators, State admmistrative officers, forestry associations, forest schools, and other bodies and individuals, have led to the compilation, informally, of such State laws as bear more or less directly on the practice of forestry. The purpose of the compilation, of which tliis serial is a part, is to make easy a compara- tive study of the laws of the chfferent States and to further the development of practical for- estry legislation. By the classification of the laws and parts of laws under the headings: "Administration," "Fires," "Public Forests," and "Taxation," the comparison is simplified, and the progress of each State, or lack of it, in these particulars is clearly shown. The better to accomplish tliis educational aim, the great mass of timber and tree laws and those fuier points of reference proper only to a legal or administrative manual have been omitted. Sec. 1G04, Rev. Codes, 1908, amended by L. 1909, P. 227, Sec. 1. Fire districts — Fire wardens and deputy fire war- dens: Appointment and payment of — Police powers of— Abstract of fire laws, with regulations, prepar- ing and posting. — The State Boanl of Land Commis- sioners ' of the State of Idaho shall divide the State into districts to be known and designated as lire districts, hav- ing due regard in establishing the boundaries thereof to the area of forests or timber lands therein: they shall appoint, upon the application of any owner or owners of land or other property within the State, one fire warden within each of the districts of the State, and such fire wardens, so appointed, shall be paid by said property owners apply- ing for the appointment of the siinie, and .shall in no case be paid by the State, except as hereinafter provided. All such appointments shall be made for one year, unless PART I.— ADMINISTRATION. (This part comprises the provisions of law, if any, defining the general administrative duties of the regularly constituted State forestry officials: also certain miscella- neous forestry provisions. For specific provisions, if any. concerning administrative duties of these or other State officers in connection with forest fires, State and municipal forests and nurseries or other State lands, or forest taxation, see Parts II, III, and IV, respectively.) PART II.— FIRES. (This part comprises the general provisions of law, if any, concerning protection from forest fires. For localized provisions, if any, concerning protection of State-owned lands, see Pivrt III.) (1) PROTECTIVE SYSTEM. (This subdivision comprises the previsions of law, if any. defining the personnel and the administrative duties of the State organization charged with the prevention, detec- tion, control, and extinguishment of forest fires. For specific provisions, if any, concerning similar duties in connection with railroad lires, slash disposal, and fallow and other fires, see subdivisions (2), (3), and (4), respectively.) 6593°— 15 1 The state board ot land commissioners is composed of the governor, superintendent of public instruction, secretary of state, attorney general and state auditor. (Sec. 7, Art. IX., constitution of tlie State of Idaho, amendment adopted Nov. 8, 1910; L. 1913, p. 674.) gfc' ^i^p^ STATE FORESTRY LAWS IDAHO. sooner revoked, and the State Bom-d of Laud ComiuiB. sioners may at any time revoke any such appointment, upon good cause shown. The &e wardens, so appointed, shall appoint, as deputy fu'e wardens, within their respec- tive districts, such persons as shall be designated liy such owners of land or other property, who shall also be paid by the person or persons securing their appointment. Their employment shall not be for any definite time, and they shall be discharged immediately by the fii'e wai-den of their district upon the request of such person or persons at whose instance they were appointed. The fire warden and deputy lire wai'dens shall have and exercise police powers while engaged in performing the duties of their rispective offices: Provided, That the State Boai'd of Land Commissionars shall prepare an abstract of the penal laws relating to forest and prairie fires, together with proper regulations and suggestions for the prevention and control thereof, and before April first in each year shall forward printed copies to all fire wardens, railroad companies, and chairman [chairmen] of county boards. The wardens shall post such abstract in numerous conspicuous places in their respective districts. [L. 1907, p. 18, sec. 1.] Sec. 1605, amended by L. 1909, P. 227, Sec. 2. Fire wardens and deputy fire wardens: Patrol, investigations and reports by— Cooperation be- tween — Arrests by — Controlling fires — Impressing assistance — Payment for services. — The fire wardens shall enforce the jirovisions of this act. They, and the deputy fire wardens shall patrol their districts in dry sea- sons. They shall promptly investigate each prairie and forest fire within their respective districts. Each fire warden shall make an annual report to the State Board of Land Commissioners of the fires within his respective district, together with the cause thereof, the property destroyed and its value, the lives lost, if any, and the means used to combat such fire, and any additional facts required by the State Board. Each warden shall co- operate with the warden in the adjoining district, and, in his absence, assume control therein. Each may arrest, without warrant; any person found violating any pro- visions of this act, and take him before a magistrate and there make complaint; and, when a warden shall have information that such violation has been committed, he shall make similar complaint. Wardens shall go to the place of danger to control or prevent fires, and, in emer- gencies, may employ or compel assistance,' and the com- pensation for such service compelled shall not exceed two dollars and fifty cents ($2.50) per day, exclusive of sub- sistence and reasonable traveling expenses. [L. 1907, p. 18, sec. 2.] Sec. 1611. Officers charged with enforcement of law. — The State Land Commissioner and his assistants, or land appraisers and selectors, game wardens and their deputies, and all peace officers of the State, are hereby charged with ' For penalty for refusing to assist, see sec. , on p. 4. the enforcement of this chapter, and shall have full power to arrest violators of the provisions of this chapter, and deliver them to the nearest magistrate to be dealt with according to law; and it is hereby made the duty of such officers having a knowledge or any violation of the pro- visions of this chapter, to file complaint in a court of competent jurisdiction against such person. [L. 1907, p. 18,sec. 8.J Sec. 7, L. 1909, P. 227. Kepeal of Sec. 1612.— That Section 1612, Chapter 4 of Title 9 of tlie Political Code of the State of Idaho be, and the same is hereljy repealed. Sec. 8. State Board of Land Commissioners to cooperate with private owners in carrying out act — Expense: State liable for pro rata share of — Payment of. — The State Board of Land Commissioners of the State of Idaho shall in all things co-operate with the owners of land, timber, or other property in this State in carrying out the provisions and purposes of this Act, and the State of Idaho shall bear and pay its proper pro rata share of the costs and expenses of protecting the lands and timber in the State against destruction by fire incurred under the provisions of this Act according to the area and extent of its land and timber holdings throughout the several fire districts of this State, and the State of Idaho shall be considered an owner of land or other property within the moaning of that term as used in this Act, for the purijoses of this Act. Such moneys as the State shall thus become liable for shall be paid as part of the general expenses of the State Board of Land Commissioners and out of the appropriations which shall be made by the Legislature for that puqjose; and in all ajipropriations hereafter made for general expenses of said board account shall be taken of, and provision made for this item of expense. Sec. 9. Fines, division of, to county fund and informants. — .\11 fines collected for violations of this act, or any provi- sions thereof, shall be disposed of and paid as follows, to- wit: Half to the general fund of the county where the conviction is had and half to the person or persons fur- nishing the information leading to the arrest and convic- tion of the person, firm or corporation convicted. (2) RAILROAD FIRES.' (This subdivision comprises the provisions of law, if any, defining the responsibility of railroad and logging com- panies, the precautions to be taken by them, and their liability for damages occasioned in the operation and maintenance of their trains and rights of way; also pro- visions concerning the use of spark arresters and other safeguaj'ds on traction, thrashing, other portable and saw- mill engines, and boilers.) 1 See also, on p. 3, sec. 3, L. 1909, p. 227, concerning brush and slash disposal by fiims and corporations; and sec. 1609, on p. 3, concerning closed seasons for setting out brush fli-es by firms and corporations. LIBRARY OF CONGRESS STATE FORESTRY LAWS IDAHO. 3 Sec. 1607, Rev. Codes, 1908, amended by Ch. 98, L. 1911. Spark arresters—Penalty. — It shall be unlawful for any person, firm or corporation to use any spark emitting locomotive, logging engine, portable engine, traction engine, or stationary engine located in a timber district, without the use of a good and efficient spark arrester. Any por.-ion, firm, or corporation who shall fail to provide and use such spark arrester upon any engine, shall be guilty of a misdemeanor and upon conviction thereof shall pay a fine of not less than Twenty-five Dollars ($25.00) nor more than One Hundred Dollars (.$100.00) for each day that such engine or locomotive is so used. [L. 1907, \i. IS, sw. 4; L. 1909, p. 227, sec. 4.] Sec. 1610, amended by L. 1909, P. 227, Sf.c. G. Bights of way to be kept clear— Deposits of fire, live coals, etc. Trainmen to report fires Instruc- tion to employees Warning placards at stations — Concentration of help — Penalties. — Every person, firm or corporation operating a railroad shall keep the groimd for fifty feet on each side of the center of the track, or such portion thereof as may be owned or controlled by such person, firm, or corporation, clear of combustible materials, except ties and other materials necessary for the main- tenance and operation of the road, from June first to October first of each year.' No person, firm or corporation shall permit any of his or its employees to leave a deposit of fire, live coals, or ashes in the immediate vicinity of woodland or lands liable to be overrun by fire, and every engineer, conductor, trainman, or section man discovering fire adjacent to the track shall report the same promptly at. the first telegraph or telephone station reached by him. At the beginning of the close season every such jierson, firm or corporation shall give his or its em|iloyees |jarticu- lar instruction for the prevention and extinguishment of fires, and shall cause warning placards to be conspicu- ously posted at every station within this State, and when a fire occiu-s near the line of his or its road, shall con- centrate such help and adopt such measures as shall be available for its extinguishment. Any person, firm, or corporation violating any provisions of this section shall be guilty of a misdemeanor and shall be subjected to a penalty of not more than One Hundred ($100.00) Dollars for each offense and any railroad employee violating the same shall be guilty of a misdemeanor and shall be punished by a fine of not less than Five (J.'i.OO) Dollars, nor more than Fifty ($50.00) Dollars. [L. 1907, p. 18, sec. 7.] (3) SLASH DISPOSAL. (This subdivision comprises the provisions of law, if any. for slash di.sposal after lumlfcring and other cutting oj)erations.) Sec. 3, L. 1909, P. 227. Brush and slash disposal: Requirements Penalty for violation of provisions.- — Any person, firm or cor- 1 See also sec. 6921, on p. 4, concerning liability of railway companies tor permitting fires to spread from their rights o! way to adjoining lands. poration engaged in the cutting and removing of timber, logs, ties, telegraph poles, wood, or other forest products from lands within the State of Idaho, shall pile and burn or otherwise dispose of the brush, limbs, tops, and other waste material incident to such cutting, which are four inches or under in diameter, and the times and methods of so doing .shall be jjrescribed by tlie warden of the fire dis- tricts in which said cutting shall be done.' Any person, firm or corporation violating the provisions of this Act or refusing to conform to any rules made by the warden of any fire district of the State of Idaho relative to the time, place and manner of burning or disposing of brush, limbs, tops, and other waste mat?rial incident to the cutting of timber, logs, ties, telegraph poles, wood or other products, shall bo guilty of a misdemeanor and upon conviction thereof be subject to a fine of not less than One Hundred ($100.00) Dollars nor more than Five Hundred ($500.00) Dollars, or be imprisoned in the County .Tail of the county in which the offense occurs, for not less than thirty days and not to exceed six months, or lie subjected to both such fine and imprisonment. Sec. 1606, Rev. Codes. 190S. Permits to set out fires: Season for — Require- ments under — Revoking or postponing. — It shall be the duty of the fire warden of each fire district to issue written or printed permits during permit season, to any and all persons named in an application to set out fires. Said ajiplication shall state the general de.scription of the land upon which it is desired to set out fire.s and the extent of the slashing or burning desired to be Inirned. Said permit season .shall be from June first to October first of each year. Said permits shall fix the time for .setting out fires on any three consecutive days therein named, and not less than ten days from the date of such permit, and such fires shall be set at no time when the wind is blowing to such an extent as to cause danger of the same getting beyond the control of the person setting out said fire, or without sufficient help present to control the same, and the said fire shall be watched by the person setting out the fire until the same is out. Upon granting said permit the fire warden shall be present at said proposed burning, or notify, at the earliest possible moment, some qualified and acting deputy fu-e warden in the vicinity of said pro- posed burning to be present thereat, and upon good cause may revoke or postpone said permit upon notice to said applicant. [L. 1907, j). 18, sec. 3.] Sec. 1009, Rev. Code.s, 1908, amended by L. 1909, P. 227, Sec. 5. Closed season for setting out fires without per- mit — Precautions — Penalty — Back fires — Record of permits. — The period from June first to October the first in each year shall be known a.« the doseil season, during which time it shall be unlawful for any camper, fai'raer, logger or other individual, firm or corponition, to set out or cause to be set out, tires in slashings, down or fallen timber, or on timber lands or in the vicinity of grain fields. I See also sec. 1589 (d), on p. 5. STATE FORESTRY LAWS IDAHO. for the purpose of clearing land of brush, grass, or other inflammable material without first obtaining a permit in writing, or print, from the fire warden of the district as pro\'ided in Section 3 of this Act, and at no time shall any fire be set out when the wind is blowing to such an extent as to cause danger of the same getting beyond the control of the person setting out such fire, or without sufficient help present to control the same; and the same shall be watched by the person setting the fire until the same is out. Any person violating any of the provisions of this section shall be punished by a fine of not less than One Hundred ($100.00) Dollars, nor more than Three Hundred ($300.00) Dollars, or by imprisonment in the county jail not less than one month nor more than six months; Pro- vided. That this Section shall not apply to any person or persons setting out back fires for the purpose of stopping or checldng a fire then burning. The fire warden shall keep a complete copy of ])erraits issued. [L. 1907, p. 18, sec. 6.] (4) FALLOW AND OTHER FIRES. (This subdivision com])rises the provisions of law, if any, concerning the burning of fallow, brush, etc., by farmers, and the general setting of fires to woods by hun- ters, fishermen, and others.) Sec. 1606, Rev. Codes, 1908. Permits to set out fires: Season for — Require- ments — Revoking or postponing. — (For text of these provisions, soo this section on p. 3.) Sec. 1G09, Rev. Codes. 1908. Closed season for setting out fires without per- mit — Precautions — Penalty — Back fires — Record of permits. — (For text of these provisions, see this section on p. 3.) Sec. 1608. Failure or refusal to perform duty — Neglect to extinguish fires — Use of other than incombustible Tvads, naked torch, etc. — Destruction of notices — Penalty. — Every warden or deputy warden, and every person lawfully commanded to assist in enforcing any of the provisions of this chapter, who shall unjustifiably refuse or neglect to perform his duty; every person who shall kindle a fire on or near to forest or prairie land and leave it unextinguished, or be a party thereto; every per- son who shall use other than incombustible wads for fire- arms, or carry a naked torch, fire brand or exposed light in or near to forest land; and every person who shall deface, destroy or remove any abstract or notice posted under this chapter, shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than ten dollars rtor more than one hundred dol- lars. [L. 1907, p. 18, sec. 5.] Sec 6921. Firing timber or prairie lands — Camp fixes — Rail- road fires — Penalty. — Any person who shall wilfully or carelessly set on fire, or cause to be set on fire, any timber or prau-ie lands In this State," thereby destroying the ' See also sec. 1607, on p. 3. timber, grass or grain on any such lands, or any person who shall build a camp fire in any woods, or on any prairie, and leave the same without totally extinguishing such fire, or any railway company which shall permit any fire to spread from its right of way to the adjoining lands,^ is guilty of a misdemeanor. [Rev. Stat., 1887, sec. 6921.] Sec. 1926. Notice concerning camp fires — Cost of — Posting. — It is the duty of the board of county commissioners of each county in this State, to cause to be erected in a conspicuous place at the side of each public highway, and at such places as they may deem proper, a notice in large letters, substantially as follows: "Camp fires must be totally extinguished before break- ing camp, under penalty of not to exceed six months imprisonment, or three hundred dollars fine, or both, as provided by law. "(Signed.) , "County Commissioner." The erection and maintenance of such notices shall be at the expense of the respective counties, and at least ten in number of such notices shall be posted in each and every county in this State. [Rev. Stat., 1887, sec. 1792.] PART III.— PUBLIC FORESTS. (This part comprises the provisions of law, if any, for the establishment and care of State and municipal forests and nurseries, and for the practice of forestry on these and on other lands owned by the State.) (1) STATE FORESTS. (For other provisions, if any, concerning State forests and nurseries, see Part I.) (2) OTHER STATE LANDS. (Laws which provide merely for the protection of State lands other than State forests from fire and from timber and other forms of trespass, and for the sale of timber and other forest products therefrom, are not included because their intent is not one of forestry.) Sec. 1588, Rev. Codes, 1908. Preservation of trees on State lands. — No trees standing on lands of the State, which lands when cleared of trees will not be suitable for cultivation and raising crops, and no trees needed to conserve the snows, ice, or water of any irrigation district, shall be cut from any part of the public lands belonging to the State, except as hereinafter provided. [L. 1905, p. 14.5, sec. 1.] Sec. 1589. Application for permit to cut trees. — Any person desiring to cut trees upon any lands owned by the State shall make application in writing to the Register of the State Board of Land Commissioners, which application shall contain: (a) A complete legal designation of the lands upon which it is desired to cut trees; (b) the purpose for which such trees are to be used; (c) that he will carefully protect from fires or other damage all trees less in size than 2 See also sec. 1610, on p. 3. STATE FORESTRY LAWS IDAHO. those desired to cut; (d) that he will entirely remove, as directed by the State Board of Land Commissioners, all cut trees and their branches in such manner that fires may not consume the smaller trees '; (e) that such trees as are desired for use are not necessary for the conservation of the irrigation waters of any irrigation watershed, or that the same are on lands of the State, which lands when cleared of trees wiU not be suitable for cultivation and raising of crops. [L. 1905, p. 145, sec. 2.] Sec. 1593. Action by State Board of Land Commissioners on applications— Regulation of cut. — Upon the expiration of the time fur filing proti'sts as provided in this article,^ the Register of the Stale Board of Land Commissioners shall refer all papers to said board, who may, thereupon, and under such conditions as to the payment of the cost of such proceeding as they may impose, cause the lands designated in the application and the tret s growing thereon to be inspected, and, if deemed best, such trees to be ap- praised, and may refer all papers to the State Land Com- missioner, who shall thereupon, personally or by his assis- tants, inspect the designated lands and the trees growing thereon, and, if directed by the board, shall appraise the same and report in writing to the board. The board shall consider said protest or protests and the report of the State Land Commissioner or his assistants, and shall decide that such trees may be properly disposed of, or against allow- ing the same to bo done. But no trees less than twelve inches in diameter, two feet above the ground, shall be allowed to be cut by any person whomsoever; except that for mining and fencing purposes, trees may be cut not less than five inches in diameter, for use within the county where cut. [L. 1905, p. 145, sec. 6.] ' See also, on p. 3, sec. 3, L. 1909, p. 227. 2 "This article" contains sees. 15SS-1598. Sec. 1596. Definition of tree — Preservation of tree growth. — For the purpose of this article ' the word "tree" shall be held to mean all vegetable growth of a woody texture of any size whatsoever. No lands contemplated in this arti- cle shall be leased for any purpose whatsoever that will de- stroy the tree growth. [L. 1905, p. 145, sec. 9.] Sec. 1597. Violation of provisions, penalty. — Any person vio- lating any of the provisions of this article ' shall be deemed guilty of a misdemeanor, and on conviction thereof shall be fined in the sum of not less than ten nor more than one hundred dollars, or be punished by imprisonment of not less than sixty days, or by both fine and imprisonment, as the coiu't may direct. Suit may also be brought in the name of the State whenever such damage has been caused by any violation of the provisions of this article,' by any person or persons engaged in anj' business or pleasure pur- suit whatever. [L. 1905, p. 145, sec. 14.] Sec 1598. County attorneys to prosecute. — The prosecuting at- torneys of the various counties of the State are hereby directed to prosecute in the name of the State all cases arising under this article.' [L. 1905, p. 145, sec. 15.] (3) MUNICIPAL FORESTS. PART IV.— TAXATION. (This part comprises the provisions of law, if any, covering the classification and taxation of forested lands and lands to be forested, the piu'pose of which is to en- courage the practice of forestry by private owners; also such bounty and exemption laws as have a like purpose. For similar taxation provisions, if any, concerning State or municipal forests, or other State lands, see Part III.) 'This article" contains sees. 158S-159S. WASHINGTO.V : GOVERNMENT PRINTING OFflCE : lOlS Date of issue. October 11, Wl.i. UNITED STATES DEPARTMENT OF AGRICULTURE FOREST SERVICE Henry S. Graves, Forester STATE FORESTRY LAWS A parallel classification showing the comparative progress of each State in forestry legislation. OREGON (Serial 1— Through Reg. Sess., 1915) < ompilcd in the Office of State Cooperation by Jeannie S. Pej'ton PURPOSE OF COMPILATION Information about the forestry laws of the various States, especially about those laws dealing with certain specific problems, is being demanded more and more; and requests for such information, coming from legislators. State administrative officers, forestry associations, forest schools, and other bodies and individuals, have led to the compilation, informally, of such State laws as bear more or less directly on the practice of forestry. The purpose of the compilation, of which this serial is a part, is to make easy a compara- I ive study of the laws of the different States and to further the development of practical forestry legislatioli. By the classification of the laws and parts of laws under the headings: "Adminis- tion," "Fires," "PubHc Forests," and "Taxation," the comparison is simplified, and the prog- ress of each State, or lack of it, in these particuliirs is clearly shown. The better to accomphsh this eduactional aim, the gi'eat mass of timber and ti-ee laws and those finer points of reference proper only to a legal or administrative manual have been omitted. PART I.— ADMINISTRATION. tion, each to select and name one of such electors. In the absence of such recommendation the Governor shall never- theless appoint said electors. Said Board of Forestry shall supervise all matters of forest policy and management under the jurisdiction of the State, and approve claims for expenses incurred under the provisions of tliis act. The (This part comprises the provisions of law, if any, defining the general administrative duties of the regularly constituted State forestry officials; also certain miscel- laneous forestry provisions. For specific provisions, if any, concerning administrative duties of these or other State officers in connection with forest fires, State and ota^ie Uiut.fi.'^ Ill ruiiut^ijiiuii Willi lunj-SL iiit;a, oiaii,' Liiiu , ^ ■ j i-» i i ii • „ i- r municipal forests and nurseries or other State lands, or i memliers ot said Board shall receive no compensation for forest taxation, see Parts II, III, and IV, respectively.) their services thereon but shall be enUtled to actual trav- eling expenses which may be incurred in attending Board SEC. 1, Ch. 278, L. 1911. meetings. State Board of Forestry: Personnel Appoint- g^^j^j g^^^^j gj^j^jj ^^^^ ^t any convenient place in the ment-Powers and duties-Meetings. -There shall [ gj^tg ^p^^ j^e call of the Governor or its secretary. be a State Board of Forestry, consisting of the Governor, the acting head of the Forest School of the Oregon Agri- cultural College, and five electors of the State of Oregon, to be appointed by the Governor from and upon the A majority of said Board .shall constitute a quorum. Sec. 2. State Forester: Appointment — Qualifications- authoritative recommendation of the Oregon State Grange, j Term of service— Salary— Appointment by, of the Oregon Forest Fire Association, the Oregon and Wash- : deputy— Expenses— Powers and duties, in general— ington Lumber Manufacturers' Association and the United Secretary to Board of Forestry— Report by— When States Forest Service, and Oregon Wool Growers' Associa- I deputy to act for.— The State Board of Forestrj' shall 6592—15 ■A STATE FOKESTEY LAWS — OBEGON. appoint a State Forester, who shall be a practical forester (i) PROTECTIVE SYSTEM, familiar with western conditions and experienced in [ (This subdivision comprises the provisions of law, if any, organization for the prevention of forest fires-. He shall i defining the personnel and the administrative duties of the hold office at the pleasure of said Board, who shall also ! State organization charged with the prevention, detection, , ^ n il- »■/.** 1 41, I control, and extinguishment of torest fires, ror specinc have power to hx his compensation at not to exceed three i pro^igjo^g^ if any, concerning similar duties in connection thousand dollars (.$3,000) per annum. He shall be author- ^vith railroad fires, slash disposal, and fallow and other ized and empowered to appoint a deputy whose salary I fires, see subdivisions (2), (3), and (4), respectively.) shall be fixed by the State Board of Forestry at not to exceed eighteen hundred dollars (.?1800) ^er annum. He shall be allowed necessary office and contingent expenses, including clerical help, and he and his deputy shall be paid actual traveling and field expenses wliich ma^' be incurred in the performance of theu' official duties. He shall, under the supervision of the State Board of Forestry, execute all matters pertaining to forestry witliin the juris- diction of the State; appoint and instruct fire wardens as provided for in this act; direct the improvement and pro- tection of gtate forest lands; collect data relative to forest conditions; take such action as is authorized by law to prevent and extinguish forest, brush, and grass tires; enforce all laws pertaining to forest and brush-covered land and prosecute for any violation of said laws; co-oper- ate with land owners, counties or others in forest protec- tion; advise and encourage re-forestation; and publish such information on forestry as he may deem wise. He shall act as secretary of the State Board of Forestry and prepare annually a report to the Governor on the progress and condition of State forest work, containing recommenda- tions for improving methods of forest protection, manage- ment and reproduction within the State of Oregon. Dur- ing the State Forester's absence or disability, all his authority shall be exercised Ijy his deputy. Seo. 17. County Boards of Commissioners: Appropriations by, for forest protection — Expenses incurred. — County boards of commissioners may appropriate money for forest protection under the provisions of this act and expenses incurred by any county board of commissioners in accordance therewith shall be a proper county charge. Sec. 18. Appropriation — Secretary of State to audit claims. — » * * xhe Secretary of State is hereby au- thorized and directed to audit all duly approved claims which have been incurred in pursuance of this act and the foregoing appropriation and to draw his warrant on the State Treasurer in the payment thereof out of the appro- priation made by this act or other appropriation from which the same may be determined to be payable. Sec. 20. Repeal.— That Sections bbOS, ooOa, .5510, 5511, 5512, 5513, 5514, 5515, 5516, 5517, 5518, 5519, 5520, and 5521 of Lord's Oregon Laws are hereby repealed. PART IL— FIRES. (This part comprises the general jirovisious of law, if any, concerning protection from forest fires. For localized provisions, if any, concerning protection of State-owned lands, see Part III.) Sec. 3, Ch. 278, L. 1911. Fire wardens, special: Voluntai-y, or under pri- vate or county compensation — State and county officials to serve as — National Forest officers, a officio wardens — Additional wardens; expenses of, how paid. — Under such general policy as to quali- fications, numbei's, and localities as the State For- ester shall deem wise, he shall appoint suitable and proper citizens fire wardens who shall have all the powers given to fire wardens under this act, but shall serve voluntarily or under compensation by property owners or counties. State and county officials whost duties make their ex- offido services as fire wardens especially desirable as a convenience to the public, shall accept appointments as such when formally requested by the State Board of Forestry. Upon the recommendation of federal forest supervisors, the State Forester shall appoint resident officers of the national forest[s] ex officio fire wardens. In times or localities of particular fire danger, or to enforce the fire laws or apprehend and prosecute violators thereof, the State Forester shall have power to appoint and em- ploy, either independently or jointly with other agencies, such additional fire wardtns, and to furnish these such assistance and facilities for protecting life or property from fire, as he shall deem public safety demands, and unless contributed by other sources, the cost thereof shall be paid from the funds appropriated by this act, but each county in which such service is given shall be responsible for one-third the expense thus actually incurred and paid by the State for services within said county and upon demand by the State Treasurer shall pay the amount thus due into the State treasury, to be credited to tlie fund appropriated by this act. Sec. 4. Fire districts — District fire wardens and wardens thereunder. — The State Forester shall, with the advice of property oisTiers or agents or counties desiring to co-op crate in forest protection, designate suitable areaa to be official fire distri9ts. He may appoint for each district one or more district fire wardens to be paid as other fire wardens under this act and to serve until their appoint- ments are revoked by their employers' request or by the State Fnrester for good cause showTi. Upon written notice to the State Forester by the person or authority upon whose recommendation any other fire warden is appointed, said fire warden shall be subject to the direction of the proper district fire wardbn. Sec. 6. Fire wardens: Powers and duties, in general — Ar- rests by — Penalty for failiu-e to discharge duties. — All fire wardens appointed under this act shall, under LlBf^ARY OF CONGRESS STATE FOBESTBY LAWS OREGON. instructions from the State Forester as to their exercise of State authority, take proper steps for the prevention and extinguishment of fires within the localities in wliich they exercise their functions, assist in apprehending and con- victing offenders against the fire laws, control the use of fire for clearing land in the closed season as provided in Section 8 [7 '] of this act, and make such reports of their work and condiuons within their localities as may be ri'quested by tlie State Forester. They sliall have the power of peace officers to make arrests for violation of forest laws. They shall have power to enter upon the lands (if any per.son or owner in the discluu-ge of their duties; provided, that in so entering they shall exercise due care to avoid doing damage. Any fire warden who haa information which would show, with reasonable cer- tainty, that any person has violated any provision of the forest laws, shall immediately take action against the (ilfender. either by using his own power as a peace officer or by making complaint before the proper magistrate, or by the filing of information with the district attorney, and shall obtain all possible evidence. Failure on the part of any fire warden receiving compensation to comply with the duties prescribed by this act shall be a misde- meanor and punishable by a fine of not less llian twenty dollars ($20), nor more than two hundred and fifty dollars ($250), or by imprisonment in the county jail for not less than ten (10) days nor more than three (SI months, or both such fine and imprisonment.- Sec. J, Ch. 90, L. 1913. Cotinty Judges, ex oflacio fire wardens -Duties, in general — Permits for burning slashings, brush, etc. — That every county judge within the State of Oregon is ex officio a fire warden and shall have all the rights and powers and perform all the duties of a regularly appointed fire waiden, within the boundaries of his county, as such rights, powers and duties are provided and defined by the General Laws of Oregon. Every such county judge is hereby authorized to issue and revoke permits for burning slashings, choppings, wood lands and brush lands between .Tune 1st and October Ist of each year.^ Sec. 2. Notice to neighbors, under permits. — Ever>' person to whom such a permit is issued shall give at least twenty- four hours notice to each resident owner of adjoining lands, of the time when he intends to set fire in accordance with his permit. Sec. 1, Ch. 247, L. 1913. Fire patrol: Owners of timber land to provide, when.— Every owner of timber land in the State of Oregon shall furnish or provide a sufficient fire patrol there- ' Sec p. 5. 2 For further provisions concerning damages, fines, and prosecutions for violations ol tliis act (cli. 27i, L. 1011), see sees. 13, 14, 15, oil p. 6. ' See also see. 7, ch. 278, L. 1911, on p. 7. for, during the season of the year when there is danger of forest fires, which patrol chall meet with the approval of the State Board of Forestry. Sec. 2. Fire patrol: State Forester to provide, when — Expense of, how paid. — In case any owner or owners shall fail or negloct to provide such fire patrol, then the State Forester, under direction from the State Board of Forestrj', shall provide the same at a cost not to exceed five (5) cents i)er acre per annum. Any amounts so paid or contracted to be paid by the State Forester, shall be a lien upon the property, and shall be reported by the State Forester to the county court of the county in which such lands are situated, and shall by such court be levied and collected with the next taxes on such lands in the same manner as taxes are collected. Said county court shall instruct the proper officer to extend the amountfi on the assessment roll in a separate column, and the procedure provided by law for the collection of taxes and delinquent taxes shall be applicable thereto, and upon collection thereof, the county court shall repay the same to the State Forester to be applied to the expenses incurred in carrying out the provisions of this act. Sec. 3. Timber land defined. — For the purposes of this act, any land shall be considered timber land which has enough timber standing or down, to constitute, in the judgment of the State Board of Forestry, a fire menace to itself or adjoining lands. Sec. 4. Residence in vicinity to constitute patrol. — -The owner of any land coming under the provisions of this act, who shall reside within one and one-half miles of said land, shall be considered, by vdrtue of said residence, to maintain a sufficient fire patrol, and shall not be compelled to main- tain additional patrol on such land . Sec. 5. Adequate fire patrol defined. — For the purposes of this act, an adequate fire patrol shall be construed to mean one equal to that maintained by 50 per cent of timber owners in the same locality, or under similar conditions in other localities, who are in good faith patrolling their land against fire. Seo. 16, Ch. 278, L. 1911, amended by Ch. 69, L. 1915. Penalty for destroying posted notices. — Any person who shall wilfully destroy or injure any notice posted in compliance herewith shall be punished with a fine not less than ten dollars ($10), nor more than fifty dollars ($50), or by imprisonment for one day for each two dollars ($2) of such fine imposed in case of his neglect or refusal to pay such fine.' 1 For further provisions concerning damages, fines, and prosecutions for violations of this act (ch. 27S, L. 1911), see sacs. 13, 14, 15, on p. 6, STATE FOEESIBY LAWS^^OKEGON. (2) RAILROAD FIRES. (This subdivision comprises the provisions of law, if any, defining the responsibility of railroad and logging compa- nies, the precautions to he taken by them, and their lia- bility for damages occasioned in the operation and mainte- nance of their trains and rights of way; also provisions con- cerning the use of spark arresters and other safeguards on traction, thrashing, other portable and sawmill engines, and boilers.) Sec. 10, Ch. 278, L. 1911. Spark arresters on engines: Required, when — Penalty — Prima facie evidence — Injunction against further use. — From June 1st to October 1st of each year it shall be unlawful for any person, firm or corporation, or employee thereof, to use or operate any locomotive, logging engine, portable engine, traction engine or sta- tional-y engine using fuel other than oil, in or near forest or brush land, which is not i)rovided with an adequate spark arrester kept in constant use and repair. Any per- son, firm or corporation who shall wilfully fail to comply with the foregoing provisions of tliis section shall be guilty of a misdemeanor, and upon conviction thereof shall pay a fine for each engine or locomotive without such spark arrester of not less than twenty-five dollars (■|25), nor more than one hundred dollars ($100), and shall be enjoined, from further use of such engine or locomotive until such spark arrester is provided. Escape of fire from any engine shall be prima Jacie evidence that such appliance has not been adequately maintained in compliance with this Section. Upon i>roof that any prosecution has been in- stituted under this section by any fire warden, any court of competent jurisdiction shall enjoin the further use of the ehgine involved, unless equipped and maintained in com- pliance with this section to the satisfaction of Kiid fire wdjden, until the defeiidant has been accjuitted of the charge preferred.' Sec. 11. Burning of slashings, and clearing of rights of way by corporations and others — Penalty — Action by forest officers. — (For text of these provisions, see this section on this page.) Sec. 6984, Lord's Ouegon Laws, 1910. Kights of way: Mowing. — The right of way of all rail- roads in the State of Oregon east of the Cascade mountains shall be mowed each year between the first day of .Tune and the first day of July. [L. 1909, ch. 150, sec. 1. Sec. 6985. Rights of way: XTpon failure to mow, action by adjacent owners — Collection of cost. — If any railroad company or corporation owning or operating a railroad over said right of way .shall neglect or refuse to cause their right of way to be mowed as provided in the foregoing section any person occupying or owning the land adjoiiiiug the ' For further provisions concerning damages, fines, and prosecutions lor violations oJ this act (ch. 278, L. 1911), see sees. 13, U, 15, on p. 6. I said right of way may, after said first day of July, cause the portion of said right of way adjoining said land, occu- pied or owned by such person, to be mowed, and shall re- ceive for such work the reasonable value thereof, to be fixed by the county judge, who shall certify to the value of such work, and said certificate shall be filed with the county clerk, and the said certified bill shall be charged to said company and collected for said portion in the isme manner and at the same time as general taxes are collected. (L. 1909, ch. 150, sec. 2.] (3) SLASH DISPOSAL. (This subdivision comprises the provisions of law, if any, for slash disposal after lumbering and other cutting operations.) Sec 5, Ch. 278, L. 1911. Public nuisance: When forest or cut-over land with inflammable material on it constitutes — Ac- tion by State Forester. — Any and all inadequately pro- tected forest or cut-over land adjoining, lying near, or intermingled with other forest land and covered wholly or in part by inflammable debris or otherwise likely to further the spread of fh-e, wljich by reason of such location or condition or lack of protection endangers life or property, is hereby declared to be a public nuisance and whenever the State Forester shall learn thereof he shall notify the owners or persons in control or possession of said land, re- ([uesting them to take proper steps for its protection and advising them of means and methods to that end. Sec. 7. Slash disposal: Closed season — Permit reqtiired — Penalties. — (For text of these provisions, see this secti#i on p. 5.) Secs. 1, 2, Ch. 90, L. 1913. Slash disposal during closed season: County Judges may issue and revoke permits — Notice to neighbors under such permits. — i l''or text of the pro- visions, see these sections en p. 3.) Sec 11, Ch. 278, L. 1911. Burning of slashings, and clearing of rights of way — Penalty — Action by forest officers. — .\11 per- sons, firms or corporations engaged in logging, or permit- (ing logging upon tlieir lands, in this State, shall each year, bm-n their annual slashings, by which is meant the lops and inflammable refuse left after lumbering, that may carry fire or cause it to spread, at such time and in such manner and with such provi ion of help as will confine the fire to their own lands, and if such burning is done between June I and October 1 shall first cut down all dead trees or snags over twenty-five (25) feet liigh. Builders of trails, roads, or railroads in this State shall immediately destroy or remove all inflammable material resulting from con- structing or clearing for such improvements unless pre- vented under the provisions of Section 8 (7'] of this act. ■ See p. S. SIAXE FOKESIBY LAWS — OBEGON. Any person, firm, (ir corporation operating a railroad in this State with coal or wood fuel sliall annually, or when so directed by the State Board of Forestry, and in a manner and to an extent directed by said Board, destroy or remove all inflammable material from the right of way of said luil- road . All burning under the provision of tliis section shall be in accordance with the provisions of Section S [7'] of this act. Refusal or neglect to comply with the provisions of this section shall be punished by a tine of not less than one hundred dollars (flflO), nor more than one thotisand dollan* ($1,000) for each offense; provided, that the State Forester, with tlie consent of the Board of Forestry, may suspend the restrictions or [of] this section when and where he deems public safety so permits or requires. It is further /iroviJed, that in tlte absence of such suspension, and in case of refusal or neglect by any person or persons at fault, after proper notice, to take the precautions against fire required by this section, the State Forester, or district tire warden acting with his coneent, may have the work done to the extent he deems requisite to public safety, and the cost thereof and the expense of any fire palml rendered necessary by the ilelay sliall be recoverable from the offender by action for debt.^ (4) FAIXOW AND OTHEK FIRES. (This subdivision com]]rises the provisions of law, if any, ronrerning the burning of fallow, brush, etc., by fai'mers, and the general setting of fires to woods by hunters, lish^ erraen. and others.) Sec. a. Cm. '278, L. 1911. Fofeat or cut-over land with inflammable material on it: When a public nuisance — Action by State Forester. — (For text of these provisions, see this section OB p. 4.) Sec. 7. Burning -woodland, brush land, slashings, etc.: Closed season for — Permits required, conditions of- Penalties — Governor may suspend permits — Open season tor hunting suspended, when. — During Ihi^ |)eriod between ,Tuuc 1st and October 1st, which is hereby designated the closed season, it shall be unlawful for any person or persons to set on tire, or catvse to be set on fire, any slashing, chopping, woodland or brush land, either his or their own or the property of another, without written or ]iriuted permission from a fire warden' and comijliance with the terms thereof which shall prescribe the conditions npon which the permit is given and which are necessary to bo observed in setting such tu'e and to prevent it from sjireading so that life or pr«ji,erly of another may be endangered thereby. This restriction shall not apply to the burning of log piles, stumps or brush heai)s, in small quantities, under adequate precau.tions and personal ( on- trol, and in accordance with any regulations which may : See sec. 7, this page. 2 For turllier provisions concerning damages, fines, and prosecutions fOir violatioas ot tliis act (ch. 278, L. 1911), see sees. 13, 14, l.S, on p. 6. 1 See Also sees. 1,2, cb. BO, L. 1913, on p. 3 be adopted by the State Board of Forestry for the purpose of insuring public safety; but if any such burning without permission shall result in the escape of tire and injury to the property of another, this shall be held prima facie evidence that such burning was not safe and was a viola- tion of this section. Violation of these ])rovisions shall be punished by a tine of not less than twenty-five dollars ($25). nor more than five hundred doU.irs ($500;, or b;, it. pris- onmentof not less than ten (10) 1,000), in the discretion of the court: Prosecution against the district attorney shall be conducted l)y the .Attorney General. The penalties of this section shall apply to any justice of the peace, with proper authority, who refuses or neglects to issue a warrant for the arrest of any person or persona when complaint under oath of violation of any terms of this act, has been lodged with him. , , j,, Sec. 1978, Lord's Ouegon Laws, 1910. Setting fire to prairie, etc.- — ^Penalty. — If any per- son shall maliciously or wantonly set on fire any prairie or other grounds, other than his 0*n or those of which he is in the lawful possession, or shall wilfully or negligently per- mit or suffer the fije to pass from his own gi'ounds or prem- ises, to the injury of another, such person, upon conviction thereof, shall be punished by imprisonment in the county jail not less than three months nor more than on^,year or by fine not less than $50 nor more than $500 [B.,.and C. sec. 1823.] PART IIL— PUBLIC FORESTS. (This part comprises the provisions of law, if any, for the establishment and care of State and municipal forests and nurseries, and for the practice of forestry on these and on other lands owned by the State.) (1) STATE FOREST.S. fFor other provisions, if any, toncerning State forests and nurseries, see Part I.) . Ch. 124, L. 1913. Preamble. — Whereas, it appears that the State is about to secure from the federal government, through an ex- change of certain of its school sections, a compact, body of timbered lands in the Santiam national forest; and Whereas, it is the desire that said tract be set aside as % State forest and administered for the permanent good of the State and its educational institutions, and the revenue derived therefrom turned into the common school fund of the State: Be it enacted by tlic People of tlie State of Oregon: Sec. 1. National Forest lands patented to State for State forest, withdrawn from sale for 50 years. — That any lands now in the National forests selected by, and pat- ented to, the State for the purpose of establishing a State forest shall be withdrawn from sale for a period of 50 years. STATE FOBESTBT LAWS — OBEGON. Sec. 2. State Forest: Management — Resources devoted to common schools — State School of Forestry, au- thority and privileges of, within. — It shall be the duty of the State Forester, under the supervision of the State Board of Forestry and the regulations which it may and is hereby authorized to prescribe from time to time, to man- age, control and protect said State forest in a manner to secure its highest permanent tisefulness to the whole people of the State of Oregon and particularly to the common schools to which its resources are devoted. The State Board of Forestry shall also, as occasion demands, delegate to the State School of Forestry such authority and privi- leges within said forest, covering its entire area or portions thereof as may be necessary as [or] may be desirable in order to utilize said school's technical facilities in the ad- ministration of the forest or to afford its students practical forestry experience, demonstration or experimen(. Sec. 3. State Forest: Sales of forest products — Leases for mining, water-power, etc. — Conservation of maxi- mum revenue— Receipts to common school fund. — Whenever it shall appear for the best interest of the State and not contrary to the i)urpose for which the lands were acquired, the State Board of Forestry- may, on terms most advantageous to the State, secured by ample advertisement and effort to obtain competitive bids, sell forest products on State forest lands, or make and execute leases, for periods in no case exceedinn; the fifty-year period during which .said lands are withdrawn from sale, for the min- ing and removal of any valuable minerals in said lands or for the development and utilization of water power or desirable occupancies or privileges thereon; provided, that in any disposal of products or privileges tlie first consideration shall be the care, maintenance and per- petuation of the tract's forest productivity as a source of maximum permanent revenue and that such disposal and i\s contractual iiio\isions for safeguarding said ends shall be submitted to the acting head of the State School of Forestry for suggestions and shall have the approval of the State Forester. All receipts from the State forest shall be paid into the common school fund of the State. (2) OTHER- STATE LAND,S. (Laws which provide merely for the protection of Stale lands other than State forests from fire and from timb'-r and other forms of trespass, and lor the sale of timber and other forest products therefrom, are not included becau.se their intent is not one of forest ri.) IS) MUNICIPAL FORESTS. PART IV.— TAXATION. (This part comprises the provisons of law, if any. covering the classification and taxation of forested lands ard lands to be forested, the ptirpose of which is to en- courage the practice of forestry by private owners; also such bounty and exemption laws as have a like purpose. For similar taxation provisions, if any, concerning State or municipal forests, or other State lands, see Part III.) WASHINGTON : OOVSBNUBNT PBINTt.NO OFFICE : IKIS Date .ir issiio, October 9, 1913. UNITED STATES DEPARTMENT OF AGRICULTURE U • FOREST SERVICE Henry S. Graves, Forester STATE FORESTRY LAWS A parallel classification showing the comparative progress of each State in forestry legislation WYOMING (Serial 1— Through Reg. Sess., 1915) Compiled in the Office of State Coopeiation by Jeannie S. Peyton PURPOSE OF COMPILATION luforuiation about the forestry laws of the various States, especially about those laws deahng with certam specific problems, is being demanded more and more; and requests for such information, coming from legislators, State administrative officers, forestry associations, forest schools, and other bodies and individuals, have; led to the compilation, informallj^, of such State laws as bear more or less directly on the practice of forestry. The pm-pose of the compilation, of which tliis serial is a part, is to make easy a comparative study of the laws of the different States and to further the development of practical forestry legislation. By the classification of the laws and parts of laws under the headings: "Admin- istration," "Fires," "Public Forests," and "Taxation," the comparison is simplified, and the progress of each State, or lack of it, in these jiarticulars is clearly shown. The better to accomplish this educational aim, the great mass of timber and tree laws and those finer points of reference proper only to a legal or administrative manual have been omitted. PART I.— ADMINISTRATION. and fallow and other foes, see subd.ivisions (2), (3), and (4), respectively.) (This part comprises the provisions of law, if any, ,„, o,,,„^.r. i.,„i.o 1 i, . S_ ^1 1 ■ - i. X- 1 i- r J.T- 11 (2) RAILROAD FIKES. defining the general administrative duties of the regularly constituted State forestry oflicials: also certain miscella- (This 3ubdi\-ision comprises the pro^ious of law. if neous forestry provisions. For specific provisions, if any, any, defining the responsibilitv of railroad and logging concerning administrative duties of these or other State companies, the precautions to' be taken bv them, and officers in connection with forest tires. State and municipal their ILabilitv for damages occasioned in the operation forests and nurseries or other State lands, or forest taxation, and maintenance of their trains and rights of way; also see Parts II, III, and IV, resiiectively.) provisions concerning the use of spark arresters and other safeguards on traction, thrashing, other portable and saw- PART II. — FIRES. mill engines, and boilers.) (This part comprises tlie general pro\'isions of law. Sec. 4203. if any, concerning protection from forest fires, l-^or pire-guards, burning by raiU-oads.-It shall be the localized provisions, if any, concerning protec<^ion of ° .,,■'. . . ,. State-owned lands, see Part III.) "»'>' of every railroad corporation operating its line of road, or any part thereof, within this state, between the (1) PROTECTIVE SYSTEM. ^^3^ ^j^^ „{ September and the first day of November of (This subdivision comprises the provisions of law. if each and every year, upon its right of way upon each any, defining the personnel and the administrative aide of its road bed, to burn as a fire-guard all gi'ass and fires. For specific provisions, if any, concerning similar parallel with the Lne ot said road, and said right of way duties in connection with railroad fires, elaah disposal, shall be burned in such good, workmanlike manner, and i>y}\^ STATE rOKESTKY LAWS WYOMING. to prevent said lii'e I'rom spreading to lauds adjacent to said right of way, as to effectually destroy the grass and vegetation thereon: Provided, That the right of way so burned shall not exceed a strip of land over two hundred feet in width upon each side of the said raihoad; and, Provided, further. That such fii'e-guard need not be burned within the limits of any village or city, nor along that portion of the line of a raihoad where the desert or moun- tainous character of the adjoining laud would render such burning impracticable or unnecessary. [L. 1S90-91, ch. 34, sec. 1: Rev. Stat., 1899, sec. 3210."] Sec. 4204. Fire-guards: Penalty for failing to burn— Fine to go to school fund. — Any railroad corporation failing to comply with the provisions of the preceding section shall be liable to pay a penalty of one hundred dollars for each and every mile, or fractional part thereof, of such strip of land as it neglects to burn upon either side of the lino of its road in this state, in each and every year as aforesaid, the same to be collected in any proper action in any court of competent jurisdiction, m the name of the state of Wyoming, and when collected it shall be paid into the school fund of the county wherein the cause of action accrued; and. Provided, That the said action shall be brought within one yeai' next after it occms. [L. 1890-91, ch. 34, sec. 2; Rev. Stat., 1899, sec. 3211.] Sec. 4205. Fire-guards: Railroads liable for damages by fires, when fire-guards not burned — Action to recover damages. — Every railroad corjjoration operating its line of road, or any prrt thereof within this state, shall be liable for all damages by fire, that is set out, resulting or caused by operating any such line of road, or any part thereof, when such raihoad company has failed to bui'n a fire-guard as provided m §4203, and any such damages may be recovered by the party damaged, by a proper action in any coxat of competent jurisdiction; Provided, That said action be brought by the party injiu'ed within one year next after said damage shall have been inflicted or caused. [L. 1890-91, ch. 34, sec. 3; Rev. Stat., 1887, sec. 1947: Rev. Stat., 1899, sec. 3212.] (3) SLASH DISPOSAL. (Tliis subdivision comprises the provisions of law, if any, for slasli disposal after lumbering and other cutting operations. ) (4) FALLOW AND OTHER FIKES. (This subdivision comprises the provisions of law, if any, concerning the burning of fallow, brush, etc., by farmers, and the general setting of fires to woods by hunters, lisliennen and others.) Sec. 5817, Comp. Sl-vt., 19 LU. Burning woods and prairies — Penalty. — \\'hoever maliciously or wantonly sets fire to any woods, or to any- I thing growing or being upon any prairie or grounds, not his ] own property; ur maliciously or wantonly permits any fire to pass from his own prairie or grounds, to the injury or destruction of any property not his own, shall be fined not more than one hundred dollars, to which may be added imprisonment in the county jail not exceeding thirty days. [Rev, Stat., Ind., sec. 1928; L. 1890, ch. 73, sec. 36; Rev, Stat., Wyo., 1899, sec. 497G.] Sec. 5818. Neglect to extinguish fires — Penalty. — Any person or persons who shall light a fire, for any purpose, in any woods or on any prairie in this state and who shall leave the vicinity of such fire without extinguishing the same shall be deemed guilty of a misdemeanor, and. upon con- viction thereof, shall be punished by a fine, not le.ss than ten dollars and not exceeding one hundred dollars, or by imprisonment in the county jail not leas than ten days and not exceeding thirty days, or by both such fine and imprisonment. [L. 1907, ch. 22.] PART HI.— PUBLIC FORESTS. (Thia part comprises the provisions of law, if any, for the establishment and care of State and municipal forests and nurseries, and for the practice of forestry on these and on other lands owned by the State.) (1) STATE FORESTS. (For other provisions, if any, concerning State forests and nurseries, see Part I.) (2) OTHER STATE LANDS. (Laws which provide merely for the protection of State lands other than State forests from fire and from timber and other forms of trespass, and for the sale of timber and other forest products therefrum, are imt included because their intent is not one of forestry. ) (3) MUNICU>AL FORESTS. PART IV.— TAXATION. (This part comprises the provisions of law, if any, covering the classification and taxation of forested lands and lands to be forested, the jiurpose of which is to en- courage the practice of forestry by private owners; also .such bounty and exemption laws as have a like purpose. For similar taxation provisions, if any, concerning State or municipal foi-ests, or other State lands, see Part TIT.) Sec. 1327. Bounties for forest tree cultui'e — Requirements. — It shall be lawful for the board of county commissioners in any county of this state to offisr a bounty to any person in said county who shall hereafter plant (me or more acres of land with forest trees and properly cultivate the same for five years in any sum not to exceed ten dollars for five years for each acre so planted and cultivated; Provided, That trees so planted shall not be at a greater distance than ten feet apart each way and shall I)e kept in a live, thrifty, LIBRARY OF CONGRESS RF.C'iiVED STATE FORESTRY LAWS — WYOjnNG. Srowin^ conditiun l'(;r at least. fi\-e yeai-s after l)t'iug planlod before said bounty shall be due and payable; and Provided further, That the provLsions of this chapter shall not apply to lands held as timber culture entries under any of the limber laws of the United States. [1.. ISOO, <)i. 42. .sec. 1; Rev. Stat., 1899. sec. 2645.] ■Skc. 1;}28. Method of offering bounties. -The lioard of county commissioners desiring to offer llio bounty heroin provided for. shall do so by resolution to be made of record and ,i;i\iii,s: notice in some newspaper published in the county three weeks ]iri'ir to the first day of April of each year, said rc-i ilutiou and notice to state the amount of bounty offered for each acre planted and cultivated. [L. 1.S90, eh. 42. sec. 4; Rev. Slat.. 1899, sec. 2640. 1 Sfx. 1329. Proof of compliance with bounty law. -Any ])crson (•laiming the bountj- under this chapter shall make proof before the county commissioners that he has complied with tlie provisions of §1327, and that the trees planted bj' him are in a healthy and growing condition. [L. 1890, ch. 42, sec. 2; Rev. Slat., 1899, sec. 2647.] Sec. 1330. Warrant for amount of bounty, issued when. — ITpun satisfactory proof of the cnmpliance with this chapter, the board of county comnii.ssicjners may issue t.j I ho person entitled thereto a warrant upon the county treasurer as in other cases, for the amount due under the offer made by the board. [I,. l.>^90, ch. 42, sec. 3; Rev. Stat., 1899, sec. 2648.] 1VJSHI.XGT0N : GOVBRNMEXT PBINTIXO Ol'FICB : 1018 Date of issue, , 1915 UNITED STATES DEPARTMENT OF AGRICULTURE ^ ''^ FOREST SERVICE Henry S. Graves, Forester STATE FORESTRY LAWS A parallel classification showing the comparative progress of each State in forestry legislation NEW JERSEY (Serial 2— Through Reg. Sess., 1915) Compiled in the Office of State Cooperation by Jeannie S. Peyton REVISION OF SERIALS. This serial contains the full text of all provisions embodied in legislation enacted since the issue of the preceding serial, and of aU provisions which have bsen more or less extensively amended thereby. All other provisions in the earlier serials, mcluduig provisions which have been only sUghtly amended, are merely noted where they would properly be placed if reprinted herein, and a refei-ence made to the page and serial where their fidl text may be found. In connection with the slightly amended provisions a brief explanation is made as to the exact character of such amendment. PART I.— ADMINISTRATION. (This part comprises the ]irovisions of law, if any, dcfinina; the general administrative duties of the regularly constituted State forestry officials; also certain miscel- laneous forestry provisions. For specific provisions, if any, concerning administrative duties of these or other State officers in connection wdth forest fires, State and municipal forests and nurseries or other State lands, or forest taxation, sec Parts II, IV, and III, respectively.) Sec 1, Ch. 241, L. 1915. Department of Conservation and Development — Board of Conservation and Development. — \ depart- ment of conservation and development is hereby estab- lished, and the same shall be governed by a board to be known as the "Board Of Conservation and Development." Sec. 2. Board of Consexvation and Development, mem- bership of. — The Board of Conservation and Development sliall consist of eight members, not more than four of whom shall be members of the same political party, and all of whom shall be residents of the State. Sec. 3. Board of Conservation and Development: Ap- pointment — Terms — Meetings — President — No com- pensation — Expenses. — The members of the Board of Conservation and Development shall be appointed by tlie 6595—15 Governor, by and with the advice and consent of the Senate, for the following terms, to commence on the first day of July, one thousand nine hundred and fifteen: two for one year, two for two years, two for three years, and two for four years. Annually thereafter, two members shall be appointed for a term of four years. Vacancies shall be filled for the unexpired terms. The board shall meet every month in the State House, in Trenton, at such times as its rules may prescribe, and at such other times and places within the State as, in its judgment, may be necessary. The board shall elect one of its members presi- dent who shall hold office for one year and until his suc- cessor shall be elected. The members of the board shall receive no compensation for their services, but the State Treasurer shall, upon the warrant of the State Comptroller, pay their necessary ex- penses. Sec. 4. Director: Selection — Qualifications — Salary — Terms. — The board shall select a person who shall be known as the "Director of Conservation and Develop- ment," who shall be a resident of this State and a qualified engineer, forester or geologist, who shall also be one of the divi.sion diiefs. In case the board cannot agree be- cause of a tie vote therein, upon the selection of a dii-octor, the Governor shall be requested to sit with said board for §:J^' H^i STATE FOEESTEY LAWS — NEW JEESEY. the purpose of casting the deciding vote. Said Director of Conservation and Development shall receive a salary of not more than five thousand dollars per annum, to be paid out of the treasury of this State as the salaries of other employees are now, or may hereafter he, paid. He shall devote his entire time to the duties of his office, and shall serve for a term of four years, and until his successor has beer appointed and qualified. Sec. 5. Board of Conservation and Development, powers and duties. — The Board of Conser\ation and Develop- ment shall succeed to and exercise all the rights and powers and perform all the duties now exercised and performed by or conferred and charged upon the State Water Supply Commission, the Board of Forest Park Reservation Com- missioners, the State Geological Survey, the Washington Crossing Commission, the State Museum Commission and the Fort Nonsense Park Commission. Sec. 6. Subdivisions of department: Heads or chiefs, appointment and qualifications of — Director and acting director, duties of .—The Board of Conservation and Development shall ako have the power to create sub- departments or divisions, to take specific charge of the different lines of work contemplated in this act, and shall have power to appoint heads or chiefs of such departments or divisions, which heads or chiefs of said subdepartments or divisions shall be experts of recognized standing in their respective professions. One of these chiefs shall be named by the board as director. The board shall define the duties of the director and the chiefs of divisions and may designate a chief as acting director during the absence or disability of the director. Sec. 7. Board of Conservation and Development: Con- trol of State conservation and development pro- jects — Rules and regulations by — Salaries of em- ployees fixed by— Reports by. — The Board of Con- servation and Development shall have full control and direction of all State conservation and development projects and of all work in any way relating thereto, except such work as is conferred upon other boards, not included within the provisions of this act. It shall make such rules and regulations governing work of the department, and the conduct of its employees as, in its opinion, may be neces- sary to conserve, develop and promote the interests of the State, in all matters herein committed to its charge. It shall fix the salaries of all employees. The Board of Conservation and Development shall report annually to the Legislature. Sec 8. Director to be ex officio Secretary of Board — Chiefs: Subject to rules of Board— Supervisory duties of — Enforcement of laws by — Collection of data by — Right of entrance. — The director shall be LIBRARY OF CONGRESS aeCcl'/ED M AV htiMl')'> ex officio secretary of the board. The chiefs of divisions shall be subject to the rules and regulations of the board, and shall exercise general supervision over all conservation and development projects in their respective departments and all work in any way relating thereto. They shall be and hereby are charged with the enforcement of all laws relating to the powers and duties of the board in their divisions, and shall obtain, collect and preserve such information relating to the State's natural resources and to their conservation and development, and also relating to the work of the department as may be useful, in the discharge of their duties, or which may contribute to the advancement of the State's resources. They may, and any person authorized by them so to do may, without fee or hindrance, enter upon, examine and survey all lands aud waters of the State. Sec. 9. Oaths and witnesses — Subpoenas — Penalty, re- covery of — Perjury. — The Board of Conservation and Development by its presiding officer, each of its com- mittees by its chairman, and the Director of Conservation, and Development shall have authority to administer oaths and to examine, under oath, in any part of the State, witnesses in any matter relating to the powers and duties of the department and to the conservation and develop- ment of the State's resources. For this purpose it may issue subpoenas, signed by its president and secretary, requiring the attendance of witnesses and the production of books and papers in any part of the State before it, or before any of its committees, or before the Director of Conservation, and any person who, being served with a subpoena issued pursuant to the provisions of this act, shall fail to attend or who sliall fail to give testimony, unless such testimony incriminate him or subject him to a fine or punishment, shall be liable to a penalty of five himdred dollars for each and every offense, to be recovered in the name of the State of New Jersey; said penalty, when recovered, to be paid into the treasury of the State of New Jersey; and it shall be the duty of the Attorney- General to prosecute any and all actions for the recovery of penalties, when requested so to do, and when, in his judgment, the facts and the law warrant such prosecu- tion. Any person who, having been sworn by the pre- siding officer of the board, or the chairman of any of its committees, or by the Director of Conservation and De- velopment, wilfully gives false testimony, shall be guilty of perjury. Sec. 10. Director, removal of, on charges. — The Director of Conservation and Development may be removed by the Governor, after a hearing; ■provided, that charges against him have been submitted in writing, signed by a majority of the members of the board; and provided, farther, that the Governor finds such charges to be true in fact, and their nature such that, in his opinion, the best interests of the State demand the removal of said Director. STATE FORESTRY LAWS NEW JERSEY. Sec. 11. Department of Conservation and Development: Appointment and tenure of office of officers and employees. — All of the officer.* and omployoes of the Department of Conservation and Development shall be appointed and shall hold their positions subject to the pro" visions of an act entitled "An act regulating the employ- ment, tenure and discharge of certain officers and em- jjloyees of this State, and of the \'arious counties and mu- nicipalities thereof, and providing for a Civil Service Com- mission, and defining its powers and duties," approved April tenth, one thousand nine luiudred and eight. Sec. 12. Codification of laws — Object of. — Immediately upon the organization and establishment of the Board of Con- servation and Development, it shall become the duty of the heads or chiefs of the several subdepartments to codify the various laws which have been passed, from time to time, relating to or concerning, in any way whatsoever, their respective departments, which codification shall set forth, in a clear and comprehensive manner, the origin of such department, meaning thereby its creative act, after which shall follow, in their proper order, all existing acts amendatory thereof and supplementary thereto, and all acts relating to its consolidation (if any there has been) with any other board or boards, commission or commis- sions, department or departments. Said work of codifica- tion shall continue, from year to year, after the principle herein set forth, with the idea of preserving, in concrete form, the history and development, or evolution, so to speak, of each special department, and contributing mate- rially to a better and more comprehensive understanding of all laws relating thereto, and of the powers and duties devolved upon said departments by said acts. Sec. 1.3. The title "Board of Conservation and Develop- ment," to replace certain other titles. — Whenever, in any act, the words the "State Water Supply Com- mission," the "Board of Forest Park Reservation Com- missioners," the "State Geological Survey," the "Wash- ington Crossing Commission," the "State Museum Com- mission," and the "Fort Nonsense Park Commission," are used, the same shall be taken to be and to mean the Board of Conservation and Development. Sec. 14. Expiration of terms of various commissioners. — The terms of office of the Forest Park Reservation Com- missioners, the Managers of the State Geological Survey, the Washington Crossing Commissioners, the State Museum Commissioners, and the Fort Nonsense Park Commission- ers, as members of the commissions and boards included in this act shall end on the thirtieth day of June, one thousand nine hundred and fifteen, and of the State Water Supply Commissioners, on the thirtieth day of June, one thousand nine hundred and sixteen. Sec. 15. Ketention of officers and employees — Director may aboUsh positions. — The officers and employees now in the employ of the said boards or commissions hereby consolidated shall be retained in their present offices or positions and shall continue as employees of the Department of Conservation and Development unless removed in accordance with the provisions of an act entitled "An act regulatinf^ the employment, tenure, and discharge of certain officers and employees of this State and of the various counties and municipalities thereof, and providing for a Civil Service Commission, and defining its powers and duties," approved April tenth, one thousand nine hundred and eight. The Diiector of Conservation and Development, however, may, with the approval of the board aboUsh any office or position, which, in his judgment, it may be unnecessary to retain. Sec. 16. Laws repealed— Date of act taking effect — State Water Supply Commission provisions excepted — Constitutionality of act.— All acts and parts of acts inconsistent herewith are hereby repealed, and this act shall take effect on the thirtieth day of June, one thousand nine hundred and fifteen; providing that this act shall not take effect as regards to oi; be construed to include the State Water Supply Commission until the tliiitieth day of June, one thousand nine hundred and sixteen, which commission shall retain all the rights, powers and duties heretofore conferred upon it by law and shall continue to dischaige such powers and duties until the thirtieth day of June, one thousand nine hundred and sixteen, not- withstanding anj-thing in this act containel; provided, however, that if any section or parts thereof of this act shall be questioned in any court, and shall be held to be un- constitutional and void, the sections or parts thereof so declared to be invalid shall be exscinded, and the balance of the act shall stand as though said sections oi parts thereof had never been included within the provisions of this act. Sec. 1,' p. 2605, Comp. Stat., N. J., amended, and in PART repealed, BY L. 1915, Ch. 241, Secs., 1, 2, 3, 4, 13, 16. Board of Conservation and Development, a body politic, with certain powers. — * * * said board [State Board of Forest Park Reservation Commissioners; now the Board of Conservation and Development] shall be a body politic and corporate, * * * -(vith power to sue and be sued, with power to adopt and use a corporate seal, and the right, power and authority to acquire, hold and use all such jjroperty, real and personal, as may be proper and necessary, and with all other powers proper and necessary to carry out and effectuate the purpose for which said board is created; * * * [L. 1905, ch. 47, sec. 1.] I See Serial 1, p. 1. STATE FOBESTEY LAWS NEW JEBSEY. Sec. 3,' p. 2606, amended by L. 1915, Ch. 165, Sec. 1, AND Ch. 241, Secs. 5, 13. Board of Conservation and Development: Care and management of forest reserves, moneys there- for, etc. — Forestry duties, in general, of — Preven- tion of fires — Cooperative forestry work — Protec- tion of watersheds — Reports and publications — Cutting and sale of timber — Contracts for work — Employees. — The care, management and preservation of the forest reserves, and the forests thereon, as well as future growth thereon, and all moneys appropiiated in that behalf, or collected therefrom in any way, and all personal property acquired to carry out the purposes of this act, are hereby confided to and vested in said board [State Board of Forest Park Reservation Commissioners; now the Board of Conservation and Development], as the same may be herein or in subsequent acts defined and required. The board shall observe, keep in view, and, so far as it can, put in operation the t>est methods to reforest cut-over and denuded lands, to forest waste and other lands, to pievent injury of forests by fire; shall provide for the administering and care of f(rests on forestry piin- ciples, for the encouragement of private owners in preserv- ing and growing timber for commercial and manufacturing purposes, and for the general conservation of forest tracts around the headwaters and on the watersheds of all the water courses of the State. Said board shall make reports of its work, conclusions and recommendations to each session of the Legislature, and from time to time publish, in a popular manner, and print for popular distribution, in bulletin or other form, such of its conclusions and recom- mendations as may be of immediate public interest. If any such report or publication shall be in especial demand and the supply shall become limited the board may restrict its distribution or fix a reasonable price to be paid for it. Whenever it shall appear that the welfare of the State will be advanced by cutting or selling or disposing of any of the timber on State forest lands, or by using any portion of such lauds for agriculture, or for any other purpose than the maintenance of forest, the board is hereby empowered to cut and sell such timber, or to provide for the use and development of such land in the way that in its judgment is most proper, on terms most advantageous to the State; and said board is hereby empowered to make or execute contracts in the name of the State, and to make agreements with other State departments, boards or bodies, for the carrying out of the purposes of this act; provided, however, that no such contract or agreement shall be made without the approval of the Governor. The board shall have power to employ such persons as are necessary for carrying out the provisions of this act and to fix their compensation. [L. 1905, Ch. 47, Sec. 3.] Sec. 9,^ p. 2608, amended by L. 1913, Ch. 23; and by L. 1915, Ch. 241, Secs. 5, 13, 8. State Forester, designation and duties of. — Sec- retary of Board, duties of. — The chief forester em- ' See Serial 1, p. 1. ployed by said board [State Board of Forest Park Reserva- tion Commissioners; now the Board of Conservation and Development] shall be designated and known as State Forester. He shall be the active agent of said board in the performance of the duties imposed upon it by section 3 of the act which this act amends. * * * [The Director of Conservation and Development is made ex officio sec- retary of that board by sec, 8, ch. 241, L. 1915.] As sec- retary, it shall be his [the Director's] duty to keep proper records of said board, and any copy of any record, under the seal of the board, signed by the secretary, shall be of the same evidential effect in all the courts of this State as an exemplified copy of any recorded deed, according to law as now constituted, [L. 1905, ch. 47, sec. 9.] Sec. 10 (p. 1, Serial 1). (This section is repealed by L. 1915, ch. 241, sec. 16.) Secs. 12, 13 (p. 1, Serial 1). (These sections are amended by L. 1915, ch. 241, sees. 5, 13, to the extent only that the terms. "Board of Forest Park Reservation Commissioners," "said board," "forest commission," or other similar expression therein, should now "be taken to be and to mean the Board of Conservation and Development"). PART 11.— FIRES. (This part comprises the general provisions of law, if any, concerning protection from forest fires. For locaUzed provisions, if any, concerning protection of State-owned lands, see Part IV.) (1) PROTECTIVE SYSTEM. (This subdivision comprises the provisions of law, if any, defining the personnel and the administrative duties of the State organization charged with the prevention, detec- tion, control, and extinguishment of forest fires. For specific provisions, if any, concerning similar duties in connection with fallow and other fires, and railroad fires, see subdivisions (2) and (3), respectively.) Sec. 1, Ch. 109, L. 1915, amended by L. 1915, Ch. 241, Secs. 5, 13. Patrolmen to be provided. — Whenever the Board of * * * [Conservation and Development] shall be satisfied that existing conditions tend to the origin of forest fires in any locality, it shall provide for the maintenance of patrolmen to watch for and extinguish fire in such places and for so long as such danger exists. Sec. 2. Expenses of patrol — How paid. — The said board shall determine whether the existence of such conditions is due to the operation of a railroad, or to the operations, actions, conduct or neglect of any other corporation, firm or individual, and the responsible party, thus determined, shall appoint and pay the wages and expenses of the patrol- men hereinafter required to be appointed and paid. If the said board shall determine the existence of the condi- tions referred to to be due to a divided agency, the required patrolmen shall be appointed by the State Firewarden, and the wages and expenses shall be apportioned by the STATE FORESTRY LAWS NEW JERSEY. said board among the several parties to surh divided agency ; provided, however, that if one of the parties to such divided agency shall be a railroad company, the patrol- men required of such railroad company shall be appointed and paid according to the provisions of this act applying to the appointment and payment of patrolmen by railroad companies. Sec. 3. Proper parties notified — Service of notice — Order may be amended. — \\licncvcr the Board of * * * [Oonservatiou and Development] shall make determina- tion as set forth in paragi'aphs one and two of this act, the State Firewarden, upon notilieation by the said board to that effect, shall, in writing, notify the responsible agent or agents of the determination of the said board, specify- ing the locality affected thereby and included within the terms of his notice, calling for the appointment of such number of patrolmen as the said State Firewarden may deem to be necessary, and prescribing generally the work of such patrol. The State Firewarden shall lix and state, in the said notice, the time w'hen the said notice shall be- come effective. In case of a railroad company , the said notice shall be served at the office of the superintendent of the division within which the affected district is located. In case of a private individual, firm or corporation, not a railroad company, the notice shall be served upon the owner, lessee, superintendent or agent, wherever found. The order of the State Firewarden may be amended in any particular by the said board, either upon its owni initia- tive or upon the request of any person or corporation af- fected thereby, but shall not be stayed pending applica- tion for such amendment, except upon order of the board. Sec. 4. Immediate compliance with order — Report to State Firewarden — Replacing patrolmen. — The per- son or corporation rcceixina; such notice shall immediately comply therewith and shall at once report to the State Firewarden the names of all patrolmen appointed pursuant to such order, and the names of the persons acting as fore- men or superintendents thereof actually upon the work. And such person or corporation shall report to the State Firewarden at such times and in such manner as he shall require, setting forth the number of men performing such duly, the places where, the times when, and the manner in which the patrol duty is being performed. If the appointment of, or service rendered by, any member of such patrol shall be unsatisfactory to the State Firewarden, such patrolmen shall be immediately replaced by his employer upon the request of the State Firewarden. Sec. 5. Recovery of penalties. — Any firm, person or corpora- tion who shall or which sliall fail to comply with the pro- visions of this act, or with the terms of such notices and orders as may be issued by the State Firewarden, shall be subject to a penalty of ten dollars per day for each patrol- man not on duty in accordance with such notice or.order. All penalties incurred for violation of any of the provi- sions of this act shall be sued for, recovered and collected in the manner provided for the recovery of penalties by the act to which this act is a supplement [L. 1906, ch. 123, as amended ' ]. Such penalties, when recovered shall be paid to the executive officer of tlie Board of * * * [tJon- servation and Development], who, after deducting any direct expense connected with the recovery of said pen- alty, shall pay the same over to the State Treasurer. Sec. i>. Suit for damages not barred. — Compliance with the provisions of this act shall not operate as a bar to any suit for damages for which any person or corporation would otherwise be liable, but conformance with the provisions of tliis act, and compliance with the terms of any order or notice issued by the State Firewarden may be shown and considered as e\adence of the use of due care on the part of such person or corporation. Sec. 7. Prompt action: To be taken by whom — May be reviewed and modified by Board of Conservation and Development. — In any case where prompt action is necessary all duties and powers imposed by tliis supple- ment upon the Board of * * * [Conservation and Development] may be performed and exercised by the executive officer of the said board, the State Forester aud the State Firewarden, acting jointly in the name of said board, and the joint determinations, actions and orders of the same shall be as conclusive and effectual as though done and performed by the full board; provided, that any action of the said officials may be reviewed and modified by the * * * [Board of Conservation and Development] in the same manner and under the same limitation as is prescribed in section tlu'ec of tins act. Secs. 1, 2, Ch. 61, L. 1915. * * * Note. — Slash disposal. — See these sections, be- low, for duties of the lioard of Conser\-ation and De- velopment upon recciiit of complaint tliat an ac- cumulation of brush or other slash material at some point is creating a fire hazard. Secs. 38. 39, 39a, 40, 41, 42, 43, 44, 49, r,o, 54 (pp. 2-G, Serial 1). (These sections are amended by L. 1915, ch. 241, secs. 5, 13, to the extent only that the terms "Board of Forest Park Reservation Commissioners," "said board." "forest commission," or other similar expression therein, should now "be taken to be and to mean the Board of Conserva- tion and Development.") Secs. 45, 51, 52, 53, 55a (pp. 3-6, Serial 1). (These sections remain unchanged.) > See secs. 49-54, pp. 3-6, o( Serial 1. STATE FOEESTKY LAWS NEW JEKSEY. (2) FALLOW AND OTHER FIRES. (This subdivision comprises the provisions of law, if any, concerning the burning of fallow, brush, etc., by farmers, and the general setting of fires to woods by hunt- ers, fishermen, and others.) Sec. 1, Ch. 61, L. 1915. Public nuisance occasioned by accumulation of brush, and other combustible raaterial. — The owner of any woodlands, or the lessee thereof, or any contractor or employee deri^dng authority from the owner of such woodlands, or any person doing public work in or upon such woodlands, who shall permit or suffer the accumula- tion of brush or tree-tops, or any litter from felled trees, to lie or be upon such woodlands to such an extent or in such manner as to facilitate either the origin or the spread of forest fires, shall be deemed thereby to have created an extraordinary fire hazard, and to have made and main- tained a public nuisance. Sec. 2, amended by L. 1915, Ch. 241, Secs. 5, 13. Nuisance: Complaint of — Removal ordered — Pen- alty, recovery and disposition of. — On the complaint of a firewarden, or of any citizen, it shall be the duty of the Board of * * * [Conservation and Development] to cause an investigation to be made of the alleged nuisance. If, in its judgment, a situation endangering the security of adjacent property, either ■with reference to the possible origin or spread of forest fires, exists, it shall require the responsible party to remove such menace within a speci- fied time, in manner directed and at his own cost. If such removal be done by burning, all the provisions and re- quirements of the act to which this act is a supplement [L. 1906, Ch. 123, as amended '] shall be observed, but nothing done under this act shall operate as a release of responsibility if fire escapes and damages the property of another. Failure to comply with the requirement of the Board of * * * [Conservation and Development] shall subject the offender to the penalty imposed by sec- tion twelve 2 of the act to which this act is a supplement, which penalty shall be imposed for every period of five days, or portion of one such period, during which the re- quirement of the Board of * * * [Conservation and Development] shall be unobserved. All penalties incurred for violation of any of the pro- visions of this act shall be sued for, recovered and collected in the manner provided for the recovery of penalties by the act to which this act is a supplement.' Such penalties, when recovered, shall be paid to the executive officer of the Board of * * * [Conservation and Development], who, after deducting any direct expense connected with the recover}- of said penalty, shall pay the same over to the State Treasurer. 1 For Laws 1906, ch. 123, as amended, see Serial 1, secs. 3S, 39, 40-4.= (pp. 2, 3), secs. 46-48 (p. 6), secs. 49-55 (pp. 3-6). 2 See sec. 49 (p. 3) of Serial 1. 3 See secs. 49-54 (pp. 3-6) of Serial 1. Secs. 46, 47, 48, 55, 157a (p. 6, Serial 1). (These sections remain unchanged.) (3) RAILROAD FIRES. (Tlus subdivision comprises the provisions of law, if any, defining the responsibility of railroad and logging companies, the precautions to be taken by them, and their liability for damages occasioned in the operation and maintenance of their trains and rights of way; also pro- visions concerning the use of spark arresters and other safeguards, on traction, thrashing, other portable and saw- mill engines, and boilers.) Secs. 1-7, Ch. 109, L. 1915. * * * Note. — Patrolmen, appointment of. — See these sections on pp. 4, 5, for provisions concerning appoint- ment of patrolmen when conditions tending to the origin of forest fires are due to the operation of a rail- road; and penalty for failure to comply with the act, etc. Secs. 56, 57, 58 (pp. 6-7, Serial 1). (These sections remain unchanged.) PART III.— TAXATION. (This part comprises the provisions of law, if any. cov- ering the classification and taxation of forested lands and lands to be forested, the purpose of which is to encourage the practice of forestry by private owners; also such bounty and exemption laws as have a like purpose. For similar taxation provisions, if any, concerning State or municipal forests, or other State lands, see Part IV.) PART IV.— PUBLIC FORESTS. (This part comprises the proAdsions of law, if any, for the establishment and care of State and municipal forests and nurseries, and for the practice of forestry on these and on other lands owned by the State.) (I) STATE FORESTS. (For other provisions, if any, concerning State forests and nurseries, see Part I.) Sec. 3, p. 2606, Comp. Stat., N. J., amended by L. 1915, Ch. 165, Sec 1, and Ch. 241, Secs. 5, 13. Forest Reserves: Board of Conservation and Development charged with, care and management of. — (For text of this pro\'ision, see this section, on p. 4.) Sec 1, Ch. 382, L. 1915. Forest Reserves: Maintenance of, as a public park — Appropriations for. — It shall be lawful for the governing body of any county, or of any municipality, to enter into an agreement with the * * * [Board of Conservation and Development] for the maintenance of a forest reserve, or any portion thereof, which portion may be a pond or lake, as a public park; and from time to time to appropriate money and to pay the same to the * * * [Board of Conservation and Development] to be expended by said board for the maintenance and improvement of such State property. STATE FORESTEY LAWS NEW JERSEY. Secs. 2, 4, 5, 6, 7, 8, 11, 16 (pp. 7, 8, Serial 1). (These sections are amended by L. 1915, ch. 241, sees- 5, 1.'?, to the extent only that the terms "Board of Forest Park Reservation Commissioners," "said board," "forest cnntnission," or other similar expression therein, should now "he taken to be and to mean the Board of Conservation and Development.") (2) MUNICIPAL FORE,ST.S. Sec. 17 (p. 8, Serial 1). (This section is amended by L. 1915, ch. 241, secs. 5, 13, to the extent only that the "State Board of Forest Park Reservation Commissioners" should now "be taken to be and to mean the Board of Conservation and Develop- ment.") Sec. is (p. 8, Serial 1). (This section remains unchanged.) (3) OTHER STATE LANDS. (Laws which provide merely for the protection of State lands other than State forests" from fire and from timber and other forms of trespass, and for the sale of timber and other forest products therefrom, are not included because their intent is not one of forestry.) Sec 3, p. 2006, amended by \j. 1915, Ch. 165, Sec. 1, AND Cn. 241, Secs. 5, 13. Board of Conservation and Development: Ar- rangements by, with, other State Departments, boards, or bodies for use and development of State forest lands. — (For text of these provisions, see this section, p. 3). WASHIXGTO.N : GOVKK.NME.NT I'UI.NTI.SG office : 1815 c\l = Date or issue December 27, 1»15. UNITED STATES DEPARTMENT OF AGRICULTURE FOREST SERVICE Henry S. Graves, Forester STATE FORESTRY LAWS A parallel classification showing the comparative progress of each State in forestry legislation WASHINGTON ^Serial 1— Through Reg. Sess.. 1915) Compiled in the Office of State Cooperation by Jeannie S. Peyton PURPOSE OF COMPILATION Iiiforiuatiou about the forestry laws of the various States, especially about those laws dealing with certaiu specific problems, is being demanded more and more; and requests for such information, coming from legislators, State administrative officers, forestry' associations, forest schools, and other bodies and individuals, have led to the compilation, informally, of such Stale laws as bear more or less dirocth" on the practice of forestry. The purpose of the compilation, of which this serial is a part, is to make easv a compara- tive study of the laws of the different States and to further the development of practical for- estry legislation. By the classification of the laws and parts of laws under the headings: •'.\dmin- istration," "Fires," ''Public Forests," and "Taxation," the cohiparison is simplified, and th(> ])rogress of each State, or lack of it, in these particulars is clearly shown. The better to accomplish this educational aim, the great mass of timber and tree laws and those finer points of reference proper oidy to a legal or administrative m^atual have been otnitted. appointment: Provided, however, that two of the Hrst appoLnteea under the terms of this act shall hold office for only two years, and thereupon the governor shall appoint the successors of such two-year appointees for the term of four years. Each of the members of said board iihall take and subscribe an o:ilh or affirmation before some officer authorized by law to administer the same to faithfully perform the duties of said office. The mem- bers of said board shall receive no compensation whatever for the performance of their duties. The seci'etary of state shall ))rovido suitable (juarters for the use of said board and the state lire-warden and forester in the state capitol building. The said board shall meet at the call of the governor as soon as convenient after their appoint- ment at the state capital, and shall organize by the elec- tion of a chairman. A majority of the members of said board shall constitute a (juorum. Said board shall meet at the state capital, or any other convenient place within the state at any other time at the call of the chairman. PART I,— ADMINISTRATION. (This part comprises the provisions of law, if any, Sea p. 6. STATE FOKESTRY LAWS WASHINGTON. and copies of all such laws and rules as they may be directed to post by the fDH'ster,' Iiivestisiitidii and rcporl on fires — Patrol — Warn- ing campers and odier users of fire — Kxaniiuation of locomotives as to sparlt-arresters and otlier de- vices — Extinguishing (ires — Impressing help — En- forcement of laws — Prosecuting offenders. — They shall investigate all fires and report all of a serious or threatening character t > tlio forester iuiniediately. They shall patrol their districts; visit all parts of roads and trails, and frequented places andcamps as far as possilile, warn campers or other users of fire, see that all locomotives are provided with spark-arresters, and with adequate de- vices for preventing the escape of fire or live coals from ash-pans and lire-ljoxes, in accordance with the law;- extinguish small or smouldering fires; summon, impress or employ help to stop conflagrations; see that all laws for the protection of forests are enforced, and arrest and cause to be prosecuted all offenders. [1^.. 1911. ch. Il2.j. sec. 6.] Sec. 5277-7. Ex-ofHcio rangers: Wlien certain oiTicials consti- tute. — All state land cruisers, all game wardens, w-hen approved Ijy the forester, and all rangers and assistant rangers of the United States forest service, when recom- mended liy their forest supervisors, and commissioned l)y the forester, shall be ex-ofl\cio rangers. Timber cruisers and otliers: May l)c a])pointed rangers, wlien. — Timber cruisers and citizens of the state advantageously located may, at the discretion of the forester, be ai)pointed rangers, and vested with their duties and powers. Compensation of rangers. — -Rangers .shall receive no compensation for their services except when employed in co-operation with the state under the provisions of this act, and shall not create any indebtedness, or incur any liability on Ijehalf of the state: Provided, That rangers actually engaged in extinguishing, or preventing the spread of fire in lirush. slashings, chopjjings, timber or elsewhere that may endanger timber or other property, shall when their accounts for such services have been approved by the fire wardens in authority, be entitled to receive compensation for such services at the rate cf twenty-five cents (25c) per hour. [L., 1911, ch. 125, sec. 7.1 (2) RAILROAD FIRES. (This subdivision comprises the provisions of law, if any, defining the responsibility of railroad and logging companies, the precautious to be taken by .them, and their liability for damages occasioned in the operation and maintenance of their trains and rights of way; also pro- visions concerning the use of spark arresters and other safeguards on traction, thrashing, other portable and saw- mill engines, and boilers.) ' See sec. 2577-11, on p. 7, for penalties for defacing or destroying posted notices. ' See also see. 5277-15, on pp. 5-6, concerning reports to be made by wardens and rangers on laclj of sulTicient spark arresters, etc. Sec. 5277-14, Sltp., 1913, to Rem. and 15..\l. Code. Sparli arresters, vvlien required. — It shall be unlaw- ful for anyone to operate any spark-emitting railroad loco- motive, logging locomotive, legging, or farming engine, or boiler, at any time during the closed season,' or for any- one to operate any railroad locomotive, legging locomo- tive, or logging or farm engine or boiler, within one-quarter of one mile of any forest material during the dosed seasr)n. without such railroad locomotive, logging locomotive, lag- ging, or other engine or Ijoiler is provided with and use.- a safe and suitable device for arresting sparks.^ Protective devices on ash-pans and Hre-l)oxes, when required. — It shall be unlawful for anyone to operate during the closed season any railroad locomotive, logging locomotive, or logging, or other engine or boiler, within one-quarter of one mile of any forest material, without such railroad locomotive, logging locomotive, or logging or other engine or boiler is provided with and uses au adequate device to prevent the escape of fire or live coals from all ash-pans, and all fire-boxes, except when said ash-pans and said tire-boxes are being cleaned when not in motion. Penalties. — Everyone failing to comply with the pro- visions of this section, shall upon conviction pay a fine for each railroad locomotive, logging locomotive, or other engine or boiler, for each day so operated without such spark arresting or without such adequate de-\ice to pro- vent the escape of tire or live coals from said ash-pans or said fire-boxes, of not less than ten dollars (.?10.G0). nor more than fifty dollars (550.00) per day for each railroad locomotive, logging locomotive, or other engine or boiler so used, and shall be prohilnted from further use of such railroad locomotive, logging locomoti^'e, or other engine or boiler until such spark-arrester or such adequate device for preventing the escape of fire or li\-e coals from said ash-pans and said fire-boxes, is provided and >ised there- wi;li.3 [L., 1911, ch. 125. sec. 14.] Sec. 5277-15. Fire and live coals not to be deposited on rights of way, when. — Xo one operating a railn ad shall permit to bo deposited liy his, or its, employees, and no one shall deposit during the closed season, fire or live coals upon the right of way outside of the yard limits, and within one-quarter of one mile of any forest material, without such deposit of fire or live coals shall be immediately extinguished. Penalties. — .\nyone violating the prowsions of this section respecting the deposit of fire or live coals, shall upon conviction pay a fine of not less than twenty-five dollars ($25.00), nor more than one hundred dollars (S 1 00.00) ' For closed season, sec sec. 5277-8, on p. 6. 2 See also sec. 5277-13, on p. 8, for requirements concerning spark arresters on wood-waste destructors, and power plants. » See see.5. 5277-19, 5277-20, 5277-21, on p. 3, for provisions concerning arrests, prosecutions, and disposition of fines. STATE FOEESTEY LAWS WASHINGTON. or be imprisoned in the county jail not exceeding thirty (30) days.' Wardens and rangers to report, for prosecution, lack of spark arresters, or of devices to prevent the escape of fire or live coals. — Wardens and rangers shall report any lack of sufficient spark-arresters, and any lack of adequate devices for preventing the escape of fire and live coals, as provided in this act,- to the forester, and to the prosecuting attorney of their county, and the supe- rior court of that county where suit is first instituted, shall have jurisdiction of the offense. [L.. 1911. ch. 125. sec. 15.] Sec. 5277-17. Stationary engine, operated during closed sea- son: Watchman required — Area around engine to be cleared. — Everyone operating a stationary engine, for the logging of timber, or the clearing of land of tree stumps, or other wood material, shall during the closed season: (a) Maintain a watchman at the point where the said donkey engine, or other portable or stationary engine may be located, said watchman to be on duty for at least two hours following every time when the said donkey engine, or other portalde stationary engine shall cease operations. (b) Cut down all snags, stub.? and dead trees over twenty-five feet in height within a radius of fifty (50) feet from each donkey engine, or other portable or sta- tionary engine. fL., 1911, <-h. 125. .sec. 17.] Sec. 5277-18. Logging locomotive: Fire patrol to follow — Time of starting. — Everyone operating a logging locomotive during the closed season, shall: Have a man whose duty it shall be to follow each logging locomotive, except a locomotive using oil for fuel, for the purpose of acting as fire patrol, the said man to begin the said patrol at ap- proximately thirty (30) minutes after the starting of the logging locomotive which it is his duty to follow. Penalties for violation of provisions in Sees. 5277-16, 5277-17, 5277-18.— Anyone who shall violate any of the provisions contained in section 5277-16,^ 5277-17, or 5277-18, shall be punished by a fine not to exceed one hundred dollars (5100.00) or by Imprisonment in the county jail for not less than thirty (30) days.-* [T.., 1911, ch. 125, sec. IS.] (3) SLASH DISPOSAL. (This subdivision comprises the provisions of law, if any, for slash disposal after lumbering and other cutting operations.) Sec. 5277-5, Supp., 1913, to Rem. and Bal. Code. Inflammable material: Discovery and destruction of, by wardens. — (For text of provisions, see this section on p. 4.) ' See sees. 5277-19, 5277-20, .5277-21, on p. 3, for provisions concerning arre.'sts, prosecutions, and di.;position of fines. ' ! See sec. 5277-14, on p. 5, and sec. 5277-6, on pp. 4-5. 3 See p. 7. < See sees. 5277-19, .';277-2D, :277-21, on p. 3, for provisions con- cerning arrests, prosecutions, and disposition of fines. Sec. 5277-8. Slash disposal: Closed season — Permit required — Penalties — Regulations, compliance with. — No one shall burn any forest material within any county in this state in which there is a warden or ranger during the months of June to September, inclusi.,'e, in each year, which period is hereby designated as the closed season, without first obtaining permission in writing from the forester for a warden],' or a rjinger, and afterwards com- plying with the terms of said permit: and anyone violating any provisions contained in the preceding portions of this section shall, upon conviction thereof, be fined not less than twenty-five dollars ($25.00) nor more than five hundred dollars ($500.00), or be imprisoned in the county jail not exceeding thirty (30) days.^ Such permission for burning shall be given only upon compliance with such rules and regulations as the board [shall] prescribe, which shall be only such as the board deems necessary for the protection of life or property. Permits: Refused, revoked, or postponed. — The forester, any of his assistants, any warden or ranger, may at his discretion, refuse, revoke or postpone the use of permits to burn when such act is clearly necessary for the safety of adjacent property. [L., 1911, ch. 125, sec. 8.] Sec. 5277-9. Slash disposal: Preparation of area for burning. — No one shall burn any forest material until all dry snags, stubs and dead trees over twenty-five (25) feet in height, within the area to be burned, shall have been cut down, and until such other work shall have been done in and ai'ound the slashing or chopping, to prevent the spread of fire therefrom, as shall be required lo be done by the forester, or any warden or ranger. OflScial watchman in charge. — WTien any person shall have obtained permission from the forester, or warden or ranger, to burn any slashings made for the pur- pose of clearing land, the warden may, at his discretion, furnish him with a man to supervise and control the burn- ing, who shall represent and act for such warden, and shall have all the power and atithority of a warden while en- gaged in such service, including the right to revoke such permit, if in his opinion the burning authorized would endanger any valuable timber or other property. Such man shall serve only until such time as the party burning may be able to keep the fire under control himself. Employment of assistants in fire-flghting — Tools — Transportation. — The forester and wardens are hereby authorised and empowered to employ a sufficient number of men to extinguish or prevent the spreading of any fires ihat may be in danger of destroying any valuable timber or other property in this state. The forester, or any warden by special authority of (he forester, may provide needed tools and supplies, and transportation when neces- sary for men so employed. 1 The words "or a warden" are contained in the ofTicial cop3' of the Session Laws of fll. 2 See sees. £277-19, £277-20, £277-21, on p. 3, for provisions con- cerning arrests, prosecutions, and disposition of fines. STATE FOEESTKY LAWS — WASHINGTON. Compensation of assistants and watclinian. — Every man so employed, and also the represenlalive of the warden 8uper\ising the burnini;, shall be entitled to com- pensation of twenty-five cents per hour for each hour's actual sorivce; and the warden shall issue a certificate to each man so employed showing the number of hours worked by him and the amounts due to him, upon which, after approval by the forester, the man shall be entitled to receive payment from the state in the manner provided for in section 5277-3.' Penalty for refusing; to iissiNl. -Any person refusing to render assistance when culled upon by any warden, shall be guilty of a misdemeanor, and shall be punished by a tine of not less than ten dollars ($10.00) nor more than one hundred dollars ($100.00).- [L., 1911, ch. 125, ■■lec. 9.] Sec. .5277-U). Permits: Suspension by governor in times and iocaiities of unusual fire danger. — (Kor text of provi- sion, see this section, on lliis page.) Sec. 5277-12. Nuisance: Inadequately protected forest land, and inflamniabie material, when declared to be — .U-tion by forester. — Any and all inadeiiuately pro- tected forests, or deforested land covered wholly or in part by any inflammable debris, or other\\dse likely to further the spread of fire, which by reason of such location or con- dition, or lack of protection, endangers life or propertj'. when adjoining, lying near, or intermingling with other forest land, is hereby declared to be a public nuisance, and whenever the forester shall leam thereof, he shall notify the owner, or person in control or possession of said l;i.nd, adxise him of means and methods that should be taken for its protection, and request him to take the proper steps to that end. [L., 1911, ch. 125, sec. 12.] Sec. 5277-16. Slash disposal in clearing risht of way: Require- ments — Permit to be obtained. — Everyone clearing right of way for railrcad. wagon road, or other road, shall pile and burn on such right of way all refuse timber, slashings, choppings and brush cut thereon, as rapidly as the clearing or cutting progresses, and the weather con- ditions permit, or at such other times as the forester, cr any of his assistants, cr any warden may direct, and before doing S3, shall obtain a permit.^ Burning not to be required, when. — During the closed season such liutTiing shall not be required to be done, while the forester, any of his assistants, or any warden in authority shall refuse to i,ssue a permit for such burning. Clearing lands, and logging timber: Restrictions to protect green timber. — Xo one slashing brush or timljer for the purpose of clearing land, or cutting or Icg- 1 See p. 2. 2 See sees. ;27;-19, ;'277-20, .'277-21, on p. 3, tor provisions con- cerning arrests, prosecuticns. and disp:isiticn of tines. * For penalties, see sec. 1277-18 on p. 6. ging timber, shall fell, or permit to be felled, trees, in such a manner that the tops or branches shall fall into green timber not owned by the one felling or permitting the felling of such trees, wdthout first obtaining permission of the owner of said green timber. [L., 1911, ch. 125, sec. 10.] (4) FALLOW AND OTHER FIRES. (Thi,-i sulxlivision comprises the provisions of law, if any, concerning the burning of fallow, brush, etc., by farmers, and the general setting of fires to woods by hunt- ers, rishermon. and others. > Se( . .")277- 10, Si I'P., 191:',. to Hem. .v.\u Uai.. Coue. Permit.s: Suspension by governor in times and localities of unusual lire danger.~In times and locali- ties of unusual lire danger, the governor, with the advice of the forester, may suspend any or all permits or privi- leges authorized by section 5277-8,' and may prohibit absolutely the use of fire therein mentioned. Ol)en season for hunting: Suspended by governor, when. Whenever during an open season for the hunting of any kind of game within this state, it shall appear to the governor that by reason of extreme drought, the use of fire arms or lire by hunters is liable to cause forest fires, he may by proclamation suspend the open season and make it a closed season for the shooting of wild birds or animals of any kind, for such time as he may designate, and during the time so designated all provisions of law relating to closed seasons for game shall Ije enforced. [I,., 1911, ch. 125, sec. 10.] Sec. 5277-1 I Posted notices, defacing or removing: Penalties. Any person who shall ■willfully or needlessly deface, or remove any warning placard or notice posted under the requirements of this act,= shall be guilty of a misdemeanor, and shall upon conviction be punished by a fine of not less than twenty-live dollars (.$25.00) nor more than one hundred dollars (SIOO.OO) for each offense, or by imprison- ment in the county jail not exceeding tliirty (30) days. Penalties for causing fires.— Any person who shall upon any land within this state, set and leave any fire that shall spread or damage or destroy property of any kind not his own, shall upon con^'iction, bo punished by a fine of not less than ten dollars ($10.00) nor more than five hundred dollars ($500.00). If such fire be set or left maliciously, whether on his own or on another's land, with intent to destroy property not Ms own, he shall be pun- ished by a fine of not less than one hundred dollars ($100.00) nor more than one thousand dollars (Sl,00O.CO\ or impris- onment in the <-ounty jail for not less than one month, nnr more than one year, or by both such fine and imprison- ment, and .'Jhall be lialde for all damages in a civil suit.'' During closed season, leaving fires unquonched — Causing fires by dropping lighted cigars, matches, 1 See p. 6. » Sec sec. ."277-4 on pp. 2-3 and sec, 5277-6 on pp. 4-.i. 2 See sees. .' 277-19, 5277-20, ; 277-21, on p. 3, for provisions concerning ' arrests, prosecutions, and disposition of ^es. STATE FOEESTEY LAWS-^WASHINGTON. or use or firearms, etc. — During the closed season,' any person who shall kindle a fire on land not his own, in or dangerously near any forest material and leave same un- quenched, or who shall be a party thereto, or who shall by throwing away any lighted cigar, matches, or by use of firearms, or in any other manner, start a fire in forest material not his own, and leave same unquenched, shall upon conviction be fined not less than ten dollars (§10.00) nor more than one hundred dollars (.$100.00) or be impris- oned in the county jail not exceeding two (2) months. L., 1911, ch. 125, sec. 11.] Sec. 5377-13. Mill wood-waste, burning in the open: Precau- tions required. — It shall be unlawful for anyone manu- factm-ing lumber or shingles, or other forest products, to destroy wood-waste material by biu-ning the same at or near any mill situated within one-quarter of one mile of any forest material, without properly confining the place of said burning and without furtlier safeguarding the siu-- rounding property against danger from said bm-ning by such additional devices as the forester may require. Mill wood-waste, destroying in burner or destruc- tor: Spark arrester required.— Power plant having spark-emitting outlet: Spark arrester required.— It shall bo unlawful for anyone to destroy any wood-waste material by fire within any burner or destructor operated at or near any mill, and situated within one-quarter of one mile of any forest material, or to operate any power-pro- ducing plant using in connection therewith any smolce" .stack, chimney, or other spark-emitting outlet, without installing and maintaining on such burner, or destructor, or on such smokestack, chimney or other spark-emitting outlet, a sate and suitable device for arresting sparks. Penalties. — Anyone violating the provisions of this section shall upon conviction thereof, be punished by a fine of not less than fifty dollars ($50.00) nor more than five hundred dollars ($500.00) for each and every violation, or by imprisonment of not less than thirty (30) days in the county jail. [L., 1911, ch. 125, sec. 13.] PART in.— PUBLIC FORESTS. (This part comprises the provisions of law, If anv, for the establishment and care of State and municipal forests and nurseries, and for the practice of forestry on these and on other lands owned by the State.) (1) STATE FORESTS. (For other provisions, if any, concerning State forests and nuraeries, see Tart I.) Sec. 6667, Rem. anii Hal. ('oriK, 1910, amendei) nv L., 1915, Ch. 147, Sec. 2. Cut-over State lands, when reserved from disposal and certified to forester: Protection and reforestation thereof.-* * * When the merchantable timber has been sold and actually removed from any land, the board > See sec. .'i277-.S, on p. 6. of State land commissioners ' may classify the land and such portions thereof as may be found most suitable for reforestation may, by order of the board, be reserved from any future sale and when once so reserved shall not there- after be subject to sale or other disposition. The com- missioner of public lands shall certify to the state fire warden and forester all such reserves so made and there- upon it shall be the duty of the state fire warden and forester to protect such land and the remaining timber from fire and to reforest the same: * * * Sec. 5277-2, Supp., 1913, to Rem. and Bal. Code. Grants for State forests: Board may accept — Title to lands, examination of, and report upon.— (For text of provisions, see this section, on p. 2.) (2) OTHER STATE LANDS. (Laws which provide merely for the protection of State lands other than State forests from fire and from timber and other forms of trespass, and for the sale of timber and other forest products therefrom, are not included because their intent is not one of forestry.) Sec. 5277-2, Supp., 1913, to Rem. and Bal. Code. State Board of Forest Commissioners: To collect information concerning condition of State timl)er lands, through forest officers. — (For text of these pro- visions, see this section, on p. 2.) Sec. 5277-4. State forester, duties concerning timljer on State lands: Enforcement of laws for pre.wrvation of the forests within the State— Mapping and protection of timl)ered and cut-over lands, and reporting thereon to Board— Inquiry into extent, kind, value, and condition of all timbered lands within the State; acreage and value of timber harvested yearly; timber production and fire data; and facts concerning second-growth timber and reforestation— Annual report upon investigations, and work of the forest Are service. — (For text of these provisions, see this sec- tion, on pp. 2-3.) Sec. 5277-5. Fire wardens, timber duties of: Employment where fire dangers exist, and for examination of de- forested land.s— Discovery and destruction of in- flammal)le material— Pravsntinn of trt'spas.s, etc.— (For text of provisions, see this section, on p. 4.) (3) MUNICIPAL FORESTS. PART IV. TAXATION. (This part comprises the provisions of law. If any, cov- ering the classification and taxation of forested lands and lands to be forested, the purpose of which is to encourage the practice of forestry by private owners; also such bounty and exemption laws as have a like purpose. For similar taxation provisions, if any, concerning State or municip^ forests, or other State lands, see Part III.) 1 The boaiil of Static laiid cammissioners is composed of the commis- sioner of public lands, the secretary of state, and the State trea.surer. (Sec. 6605, Hem. and Bal. Code, 1910, as amended by L., 1915, ch. 6, sec. 1. See volume of session laws.) WA.SHI.NGTON : GOVEKN.ME.NT PKI.VTING OFFICE : 1916 .I^J Dnte of issue, Drceraber 24, lOlo. UNITED STATES DEPARTMENT OF AGRICULTURE FOREST SERVICE Henry S. Graves, Forester STATE FORESTRY LAWS A parallel classification showing the comparative progress of each State in forestry legislation INDIANA (Serial 1 -Though Reg. Sess., 19l5i C'ompilnil in the (Iffice of State ('ooppration by Jeannio S. Peyton PURPOSE OF COMPILATION. Information about the forestry laws of the various States, especially about those laws dealing with certain specific problems, is being demanded more and more; and requests for such information, comhig from legislators, State administrative ofTicers, forestrj- associations, forest schools, and other bodies and individuals, have led to the compilation, informally, of sueli State laws as bear more or less directly on the practice of forestry. Tlie purpose of the compilation, of which this serial is a part, is to make easy a comparative study of the laws of the different States and to further the development of practical forestry legislation. By the classification of the laws and parts of laws under the headings: "Adminis- tration," "Fires," "Public Forests," and "Taxation," the comparison is simplified, and the progress of each State, or lack of it, in these particulars is clearly shown. The better to accomplish this educational aim, the great mass of timber and tree laws and '-those finer points of reference proper only to a legal or administrative manual have been omitted. PART I.— ADMINISTRATION. iTliis part lomprisas the provisions of law, if any, defin- ing the general administrative duties of the regularly con- stituted State forestry officials; also certain miscellaneous forestry pro\-isions. For specific provisions, if any, con- cerning administrative duties of these or other State oflicers ill connection with forest fires. State and mtmicipal forests and nurseries or other State lands, or forest taxation, see Parts II, III. and IV, respectively.) Six. 74.50, Bi'kn's' Anno. Ind. .St.\t., 1914. .State Board of Forestry: Created — Personnel — Secretary, ex-offlcio State Forester and Superin- tendent of State Forest Reserves, qualineations of — Terms of office — Salary and expenses — Quorum- President. — That a board is hereby created and estab- lished which shall be known under the name of the state board of forestry. It shall consist of five members, who shall be ap])ointed by the governor, as follows: One from the membersliip of the hardwood lumber dealers' associa- tion of Indiana, one from the membership of the retail 15095—15 lumber dealers' association of Indiana, one from the faculty of Purdue University, one who is actively engaged in farming and one who shall have special knowledge of the theory and art of forest preservation and timber culture and technical knowledge of the topography of the state, and the last described member, shall, upon his appoint- ment and qualification become and be the secretary of said board, ex-officio state forester and superintendent of state forest reserves. All of said members shall hold their offices for a term of four years, and each of said members, except the secretary, who is hereinafter provided for, shall receive a salary of one hundred dollars per annum and mileage not to exceed three cents a mile for necessary miles traveled in attending necessarj' meetings of said board. Said sal- ary and mileage shall be paid out of the treasury of the state upon warrants of the auditor of state, and the mem- bers shall certifj' the amounts due them, separately, upon vouchers duly attested before some officer authorized to administer oaths. A majority of said board shall consti- tute a quorum, and said board shall annually elect from 1)'^%^ STATE FORESTRY LAWS INDIANA. its number a president: Provided, That members of the beard heretofore appointed shall serve during the term for wliich they were appointed. [L. 1901, ch. 49, sec. 1; amended by L. 1903, ch. 44, sec. 1.] Sec. 7451. State Board of Forestry: Oath of office. — Before entering upon the discharge of their duties, the members of said board shall each take and subscribe an oath of office before the clerk of the supreme court that they will faith- fully and honestly discharge the duties of said offices, which oath of office shall be filed in the office of the secre^ tary of state. [L. 1901, ch. 49, sec. 2.] Sec. 7452. State Board of Forestry: Meetings.— The board shall meet at least once each quarter in the city of Indianapolis and as often as they may deem necessary upon five days' notice signed by the president and secretary, and in the absence of the president, a chairman shall be chosen to preside. The minutes of all meetings shall be recorded by the secretary in a book to be kept for that purpose. [1-. 1901-, ch. 49, sec. 3.] Sec 7453, State Board of Forestry, duties of: Collection and classification of forest data — Recommendations re forest preservation and timber culture, and estab- lishment of State forest reserves — Annual Reports. — It shall be the duty of said board to collect, digest and and classify information respecting forests, timber lands, forest preservation and timber culture, and to recommend plans and methods for forest preservation and timber cul- ture and for the establishment of state forest reserves. The board shall, annually, on or before the first day of December, file with the governor a report. [L. 1901, ch. 49, sec. 4.) Sec. 7454. Secretary of Board: Office, and duties. — The secre- tary of the board shall keep his office at Indianapolis, in a room lo be furnished said board by the custodian of the state house, and shall perform such duties as are prescribed by this act or may be required by the board; and he shall, as far as practicable, submit to the associations and meet- ings of timber dealers, wood-workers, farmers and engineers of maintenance of way of railroads, information and facts as to forests and timber. [L. 1901, ch, 49, sec, 5,] Sec 7455, Secretary of Board: .Salary and expenses of, and salary of clerk — Time devoted exclusively to work of office — Payments due to, how made — Expenses of publication. — The secretary shall receive an annual salary of eighteen himdred dollars. For expenses of office and traveling, an amount not exceeding .$1,000; clerk six hundred dollars ($()00), Said secretary shall give his ex- clusive time and attention to said office and shall not hold any other office, appointment or position other than herein provided for. The president of the board shall quarterly certify the amount due the secretary upon vouchers duly attested by the secretary before some officer authorized to administer oaths, and the amount so certified shall be paid to the secretary out of the treasury of the state upon war- rant of the auditor of state. That expenses of publication shall be paid from expense fund of the state printing board, [L. 1901, ch. 49, sec. 6; amended by L. 1903, ch, 44, sec, 2.] PART II.— FIRES. (This part comprises the general provisions of law, if any. concerning protection from forest fires. For localized pro- visions, if any, concerning protection of State-owned lands, see Part III.) (1) PROTECTIVE SYSTEM. (This subdi\asion comprises the pro\'isions of law, if any, defining the personnel and theadministrati\'e duties of the State organization charged yn\\\ the prevention, detection, control, and extinguishment of forest fires. For specific provisions, if any, concerning similar duties in connection \vith railroad fires, slash disposal, and fallow and other fires, see subdivisions (2), (3), and (A), respectively.) Sec 2263. Township Road Supervisors: Employing help to extinguish fires — Payments — Rates. — It shall be the duty of the township road supervisor when any woods, as in section 1,' shall become on fire in his road district to employ such help as he may need to extinguish such fire, and himself and such help as he employs shall be paid by the to\vnship trustee from the general expense funds of the township at the rate of $1,50 per day for the time actually occupied in extinguishing such fire. fL. 1905. ch, 49. sec. 2. J (2) RAILROAD FIRES. (This subdivision comprises the provisions of law, if any, defining the responsibility of railroad and logging companies, the precautions to be taken by them, and their liability for damages occasioned in the operation and maintenance of their trains and rights of way; also ])ro- visions concerning the use of spark arresters and other safeguards on traction, thrashing, other portable and sawmill engines, and boilers.) Sec 5525a. Railroads: Responsible In damage for Injuries caused by fire from locomotives— Insurable Interest- Burden of proof as to contributory negligence— Fire clauses in contracts re private side-tracks. — That each railroad corporation owning or operating a railroad in this state shall be responsible in damage to evei-y per- son or corporation[s] whose property may be injured or destroyed by fire communicated directly or indirectly b>- locomotive engines in use upon the railroad owned or operated by such railroad corporations, and each such railroad coqwration shall have an insurable interest in the property upon the route of the railroad owned or operated by it, and may procure insurance thereon in its own be- 1 See Code sec. 2262, on p. 3. I nnRARY OF CONGftESS STATE FORESTRY LAWS INDIANA. halt for ita protection against such damages: Provided, In all actions instituted under this act the burden of jiroving the defense of contributory negligence shall be upon the defendant. Such defense may be proved without .special plea: Provided, That this act shall not be construed to prevent or affect in any wise fire clauses which may be inserted in contracts between raihoad companies and other parties, relative to the construction of and operation over jirivate sidetracks. [I, 1911. ch. 1(17. si-c. 1. 1 Sec 5525b. Railroad corporations iletlued. — The term ■railroad corporations" contained in this act .shall be deemed and taken to mean all corporations, companies and individuals now owning or operating, or which ma>- hereafter own or operate, any railroad within this state. |L. 191 1 , ch. 107, sec. 2.) (3) SLASH DISPOSAL. (,This subdivision comprises the provisions of law, if any, for slash disposal after lumbering and other cutting operations.) (4) FALLOW ANn OTHER FIRES. (This subdivision comprises the provisions of law, if any, concerning the burning of fallow, brush, etc., by larmer.s, and the general setting of fires to woods by hunters, li.shermen. and others.) Skc. 22U1. Woods, prairie, marsh, etc., maliciously l)iirning: Penalty. — Whoever maliciously or wantonly sets fire to any woods, or to anything growing or being upon any marsh, prairie or grounds, not his own properly, or mali- ciously or wantonly permits any fire to pass from his own marsh, prairie or grounds, to the injury or destruction of the property of any other person, shall, on conviction be fined not less than five dollars nor more than one hundred dollars, to which may be added imprisonment in the county jail not exceeding thirty days. [L. 1905, ch. 169, sec. :{72.] Sec 2262. Woods, setting on fire: Fine -Liability for dam- ages— Prosetntion— Action against prosecuting at- torney for non-feasance— Bondsmen liable for - judgment, affords the best opportunities for the purpose.-; prescribed: Provided, That the land so purchased shall not exceed a cost of eight dollars per acre, and the land so purchased shall be taken in title in the name of the Btale of Indiana. (I,. 1903, ch. 60, sec. 2.] Sec. 7458. State forest reservation, etc.: Management — Ex- penses, payment of.— The board of forestrj' shall manage and shall estabhsh such rules and regulations governing the management and work as are necessary to execute the plans it may project, and the expensa of the same shall be paid quarterly from the fund designated for that purpose out of the state treasury, upon warrant by the auditor of stats when vouchers are presented to said auditor duly certified to by the president and secretary of ths board before some officer authorized to administer oatlis. [L. 1903, ch. 60, sec. 3.] Sec. 7459. State forest reservation, etc.: Receipts from, dis- posal of, by Secretary of Board— Bond of Secretary.- The .secretary of the board shall receive all money to which the state may be entitled by rea-son of the sale of any timber, leases, contracti* for the mining and removal of minerals or from any source whatever from such land, and he shall immediately pay the same ov5r to the state treasurer a^ a part of the revenues of the state, and the secretary shall give his bond, to the governor of the state, in the sum of five thousand dollars for the faithful dis- charge of his duty. [L. 1903, ch. 60, sec. 4.] STATE FORESTRY LAWS INDIANA. Sec. 7460. State forest reservation, etc.: Rights of way across, granting. — That the state board of forestry shall have the right to grant and convey by deed rights of way to elec- tric and steam railroads and to telegraph and telephone companies to construct and operate their lines across the lands of the Indiana state forest reservation, laboratory of forestry demonstration and state nurseries, fl^. ]!I07, ch. 57, sec. ].] Skc. 7461. State forest reservation, etc.: Rightjs of way across, approval of. — The terms and conditions upon wliich such rights of way are granted and conveyed by deed shall be submitted to and approved by the governor, the attorney-general and the auditor of state, before the same shall become operative or possession taken there- under. (L. 1!)07, ch. 57, sec. 2.] (2) OTHER STATE LANDS. (Laws which prov-ide merely for the protection of State lands other than State forests from fire and from timber and other forms of trespass, and for the sale of timber and other forest products therefrom, are not included because their intent is not one of forestry.) (3) MUNICIPAL FORESTS. Sec. 4276a. Local Forestry Associations: Formation — Powers to establisti and maintain Forests- Affiliation with Indiana forestry association. — That any number of persons not less than five may voluntarily associate them- selves by written articles of association, in duplicate, .signed and acknowledged by each person who may be a member at the time of the organization, specifying the name of such association as the forestry association of the county, city, town or township, as the case may be, where it is contemplated to establish and maintain a public forest; one copy to be filed with the recorder of the county, which shall be recorded in the proper book in such office; the other to be filed with the secretary of the Indiana forestry association. And thereupon such association shall become a corporation perpetually with (lowers to establish and maintain forests for the uses and purposes herein provided. Any person may become a member of the association by consent of the forestry board named in this act. Such association may establish annual and life membership fees. Every such associa- tion shall become affiliated with the Indiana forestry association without charge under such rules and regula- tions as that association may from time to time provide. |L. 1913, ch. 13, sec. 1.] Sec. 4276b. Forestry Boards of associations: Officers — Duties- Bonds — Vacancies, liow flUed — No compensation — Term of service. — Every association shall name in its articles five (5) persons of the county interested in the subject of forestry as the forestry board of such associa- tion. The board shall chouse from their number a jiresi- dent, secretary and treasurer and forester, and fix their duties and require bonds for the performance of such duties. Upon the death, resignation or removal of any member of such board the members of that association shall select some fit person to fill such vacancy; and all vacancies shall be filled by the remaining members of such association. The members of the board shall serve without compensation and hold during good behavior. [L. 1913, ch. 13, sec. 2.] Sec 4276c. Gifts to associations: Title to vest in forestry board — Property non-taxable Title to lands of lapsed associations to vest in the State of Indiana. — Every such association may accept gifts of money, lands, and property for its use in acquiring and maintaining forests. And for that purpose it may acquire title to lands by gift, devise or purchase. The title to all proj)- erty howsoever given or acquired shall vest in such for- estry board and the same shall not be sold or inciunbered, but shall be held in perpetuity for forestry piu'poses for the benefit of the public. The property of such associa- tion shall not be taxable for state, county, township, town, or any other purposes. In case any local associa- tion shall lapse or cease to maintain its organization, the title to the lands held by it shall vest in the State of Indiana. [L. 1913, ch. 13, sec. 3.] Sec. 4276d. Contributions i)y county commissioners, common councils, and others, towards acquiring and main- taining Forests: How made, and used— Copy of order to be filed with Indiana forestry association. — It shall be lawful for the boards of commissioners of the several counties of this state and the common councils and boards of trustees of the cities and towns in any county and the trustees of any township where any forest is established to assist in acquiring and maintaining the same by con- tributions to such associations which may be sums in gross or annual payments from year to year as may be de- termined at the time of the making or adoption of the order of [or] ordinance therefor. All such funds shall be used only by the forestry board of the association for the purchase, improvement and development of the forests to which the same may be dedicated and shall continue irrevocable for the time or period specified in such order or ordinance. A copy of every such order or ordinance shall be filed in the office of the recorder of the county and a duplicate thereof with the secretary of the Indiana for- estry association. [L. 1913, ch. 13, sec. 4.| Sec. 4276e. Lands acquired by associations: Reports thereon to be filed with the Indiana forestry association.- - Every association acquiring land by gift, devise, purchase, or otherwise, shall report in writing to the secretary of the Indiana forestry association a description of such land and how and from whom acquired and the cost thereof, if any. [L. 1913, ch. 13, sec. 5.) STATE FORESTRX LAWS — INDIANA. Sec. 4276f. Forestry lioanls of assoriationH, duties of: Culti- vation and protection of Forests — Disposition of proceeds tlierefroiu. — It shall be the duty of the forestry liiKirU of every forestry association to plant, protect and (■ulti\ate the forestry lands authorized to be acquired by this act in such \vay as to produce trees of the kinds well suited for lumber and other purposes; and the product of the forest when sold by such forestry board and any other uioneys ari.sin<; on account of such lands shall be used for acipiiring other lands for and reforesting and maintaining the forest so that the same may be a means of affording the enlargement, continuance and maintenance of the forest in perpetuity; any surplus not so required to go to the school fund for [of] this state. [L. 1913, ch. 13, sec. 6.] Sec. 4276g. Forests: Use of, as play-grouuds, pleasure resorts, etc. — The forestry board shall have power to permit the forest to be used as playgrounds, for picnics, and other meetings for the pleasure, health and enjoyment of the l)eople, when the same can be had without injury to the forest, and free of charge, under such rules and regula- tions as the forestry board may from time to time adopt and provide. [L. 1913, ch. 13, sec. 7.) Skc. 4276h. Injury of trees iu Forests: Penalty — Fines to go toward maintenance of Forest. — After the establish- ment of any such forest it shall be a misdemeanor for any person to injure, deface, harm or destroy any tree in such forest without the consent of the forestry board. .iVny offender upon complaint of any member of the forestry board shall be arrested and fined by any justice of the Ijeace in any sum not less than five times the value of the tree destroyed or the injury done, which sum when recovered shall be paid to the forestry board and become a part of tlie fund for the maintenance of the forest. [L. 1913, ch. 13, .sec. S.| Sec. 42761. Eiuployiuent of foresters. — When necessary the for- estry board shall have power to employ foresters and others to plant, protect, cultivate and luaiiitaiu the for- est. [L. 1913, ch. 13, sec. 9.] Sec. 427tij. President of earii Board, a nieniljcr of tiic State association.— The i>resident of every forestry board shall ex officio be a member of the Indiana forestry association fL. 1913, ch. 13, sec. 10. | Sec. 4276k. Use of Forests l>y teacliers. — Any teacher in any of the public schools or universities of this state giving in- struction on the subject of forestry shall have the right without charge to take the pupils and students of such schools to any public forest as a means of giving instruc- tion on the subject of forestry. [I/. 1913, ch. 13, sec. ll.j Sec. 42761. Construction of act. — This act shall be liberally con- strued and so as to encourage and promote forestry through- out the state. And for such purpose the legislature re- serves the right to amend this act from time to time when it shall be necessary to further the purposes of this act. [L. 1913, ch. 13, sec. 12.] PART IV.— TAXATION. (This part comprises the provisions of law, if any, cov- ering the classification and taxation of forested lands and lands to be forested, the purpose of which is to encourage the practice of forestry by private owners; also such bounty and exemption laws as have a like purpose. For similar taxation provisions, if any, concerning State or municipal forests, or other State lands, see Part III.i WASaiNQTON : GOVEKXME.NT PKI.\T1> Date ot Issue, Jan. 3, 1916. UNITED STATES DEPARTMENT OF AGRICULTURE FOREST SERVICE Henry S. Graves, Forester STATE FORESTRY LAWS A parallel classification showing the comparative progress of each State in forestry legislation MINNESOTA (Serial 1— Through Reg. Sess., 1915) Compiled in the Office of State Cooperation by Jeannie S. Peyton PURPOSE OF COMPILATION Information about the forestr}- laws of the various States, especially about those laws dealing with certain specific problems, is being demanded more and more; and requests for such information, commg from legislators, State administrative officers, forestry associations, forest schools, and other bodies and individuals, have led to the compilation, inforaially, of such State laws as bear more or less directly on the practice of forestry. The purpose of the compilation, of which this serial is a part, is to make easy a comparative study of the laws of the different States and to further the development of practical forestry legislation. By the classification of the laws and parts of laws under the headings, "Adminis- tration," "Fires," "Public Forests," and "Taxation," the comparison is simplified, and the progi-ess of each State, or lack of it, in these particulars is clearly shown. The better to accomplish this educational aim, the great mass of timber and tree laws and t hose finer points of reference proper only to a legal or admitiistrative manual have been omitted. PART I.— ADMINISTRATION. (This part comprises the provisions o£ law, if any, defin- university ( ) and one shall be appointed upon the recom- ing the general administrative duties of the regularly con- mendation of each of the following bodies: The state stituted State lorestrv ofhcials; also certain miscellaneous • it i • . ,^i ,. , i i-' ,^ i • , , forestry provisions. "For specific provisions, if any, con- agricultm-al society, the state horticultural society, and cerning administrative duties of these or other Slate ^^^^ state game and fish commission— provided suitable officersin connection with forest fires. State and municipal persons be recommended by them to the governor not forests and nurseries or other State lands, or forest taxation, i^ter than January 31st, of the year in which such terms see Parts II. III. and IV, rcspectivelv.) • ,,, " • i n i /-n j ,ii .■ ' ' • expire. All vacancies shall be filled the same as the Sec. 3783, Gen. Stat., Minn.. 1913. | original appointments. The members now in office shall State forestry board: Personnel — Appointments — I hold through the terms for which they were respectively Terms — Qualiflcatious. — There shall be a State forestry l appointed. So far as practicable, all such appointees shall l)oard, of nine members, composed of tlie director of the : be appointed with reference to their knowledge of, and forestry school and the dean of the agricultural college of < interest in, the planting and cultivation of trees in prairie the University of Minnesota, and seven others appointed regions, the preservation of natural forests, the reforesting by the governor, for a term of four years and until their of denuded lands, and the protection of the oi rces ot successors qualify. Two of said members shall be ap- streams. [L. 1911, ch. 125, sec. 1, amended by L. 1913, pointed upon the recommendation of the regents of the ch. 159, sec. 1.] 15077—15 1 (p^ f>n\i STATE FORESTRY LAWS MINNESOTA. Sec. 3784. Secretary to State forestry board: Appointment- Salary — Duties. — The state forestry board shall appoint a secretary at a salary not to exceed eighteen liundred (1800) dollars per annum,' whose duties shall be prescribed by the board. [L. 1911, ch. 125, sec. 2.] Sec. 3785, as modified by Sec. 5377.= State forestry board: Powers and duties, in gen- eral — Annual report. — The board shall have the manage- ment of the * * * [state forests] and of all other property acquired therefor, supervise all matters of forest protection and reforestation and have charge of all moneys appropri- ated therefor or accruing therefrom, including the forest reserve fund and the forest service fund. It shall ascer- tain and observe the best methods of reforesting cut-over and denuded lands, foresting waste and prairie lands, preventing destruction of forests and lands by fire, ad- ministering forests on forestry principles, encouraging private owners to preserve and grow timber for commer- cial purposes, and conser\'ing the forests around the head waters of streams and on the watersheds of the slate, and shall collect information regarding the timber lands owned by the state. On or before the first Monday in December of each year the board shall report its doings, conclusions, and recommendations, and any damage caused by forest and prairie fires and any trespassing upon state lands to the governor, which report shall be printed and distributed to the members of the legislature and otherwise as the board may direct. [I... 1911, ch. 125, see. 3.] Sec. 5379, as modified by Sec. 5377.= State forestry board: Powers and duties concern- ing, contracts, seal, regulations, state forests, litiga- tion, leases, sales of timber, and alienation of tracts- Quorum. — The board may enter into contracts in the name of the state; may adopt a seal; may make all reason- able rules and by-laws for its own government, and for the care, management, and preservation of the * * * [state forests] ; may cause actions to be brought in the name of the state to j^rotect the state's interests in matters confided to its care; may lease, for income or for protection, meadow and pasture lands, where such use will not interfere with the growth of forest trees; may sell dead and down and mature timber, and other timber where the public interests will be subserved thereby; and may alienate any tract of land, when such alienation is demanded by the growth of towns, the building of railroads, or water power or other public improvements. A majority of the board shall be a quorum for the transaction of business. [Sec. 2509.] Sec. 5380. State forestry board: No compensation — Ex- penses. — The members of the board shall receive no com- pensation for their services as such, but they shall be repaid their reasonable expenses incurred in attending meetings of the board or executive committee, or in per- forming services at the request of either. [Sec. 2511.] Sec. 37S6. State forestry board: President — Vice president — Executive committee. — State forester: Qualifica- tions — Salary and expenses — Office — Appointment and removal of assistant forester and employees — Other powers and duties concerning equipment, ac- counts, investigations, forest protection, publica- tions, and fire notices. — The board shall elect a presi- dent and vice-president annually. It may appoint an executive committee on which it may confer authority to act for it in minor details which cannot conveniently be acted upon by the board. The board shall appoint a state forester who shall be a trained forester, at a salary not to ex- ceed four thousand (4,000) dollars per annum,' and he shall be allowed necessary traveUng and field expenses incurred in the conduct of his official duties. The office of the state forester shall be at the state capitol and the board is hereby authorized to employ such office assistants as may be nec- essary and to fix their compensation. The state forester, with the approval of the state forestry board, may appoint an assistant forester and such other employees, outside of the office assistants, as may be necessary in carrying out the pro\'ision8 of this act and fix the amount of their com- pensation; ' and the state forester shall have the power to remove any such subordinate officers and employees so appointed by him. He shall be authorized under the direction and approval of the state forestry board to pur- chase all necessary equipment, instruments and field sup- plies. A full and accurate account of all receipts and ex- pendit\ires incurred in the carrying out of the pro\-isions of this act, with such vouchers and forms as may be recom- mended by the state public examiner, shall be kept in a system of books prescribed by such examiner. The state forester shall execute all rules and regulations issued by the state forestry board pertaining to forestry and forest protection within the jurisdiction of the state; shall inves- tigate the origin of all forest fires, and prosecute all ^'iola- tors of this act; shall prepare and print for public distribu- tion an abstract of the forest fire laws of Minnesota, together with such rules and regulations as may be formulated by the state forestry board. He shall prepare printed notices callinsr attention to the dangers from forest fires and cause them to be posted in conspicuous places, and shall furnish same to the railroad companies whose duty it shall be to post them in such jilaces as he may direct. [L. 1911, ch. 125. sec. 4.] Sec. 3787, as modified by Sec. 5377.= State forester, further duties of: Data and maps of timber and cut-over lauds and state forests- Distribution of maps — Protection from fire and tres- pass — Reports upon forest and fire work, including second-growth timber data — Recommendations for forest protection, management, and reforestation. — The state forester shall become familiar with the location I For later legislation as to salaries ■ See p. 9. a sees. 294, 295. > For later legislation as to RECCIVEO I salaries, see sees. 294, 295, on p. 4. STATE FORESTRY LAWS MINNESOTA. and area of all state timber and cut-over lands and prepare maps of * * * [state forests] and each of the timbered counties showing the state lands therein, and shall supply such maps to the district rangers, to the officials of the state and counties requiring them, and in all ways that are practi- cable and feasible shall protect such lands from fire and the illegal cutting of timber; he shall report from time to time to the board, such information as may be of benefit to the state in the care and management of its timber.' It shall be his duty to inquire into the extent, kind, value, and condition of all timber lands; the amount of acres and value of timber that is cut or burned, and he shall also report the quantity and species of second-growth timber, and shall not later than the first of December of each year make a written report to the state forestry board upon all such data ascertained by him, and shall recom- mend therein plans for improving the state system of forest protection, management and reforestation. [L. 1911 ch. 125, sec. 5.] Sec. 3788. State forester, .scientific management of forest resources: Cooperation with State aiiilitor. State and Federal departments, counties, towns, corpora- tions, and individuals. — The state forester .shall co- operate vrith the state auditor and with the several de- partments of the state and federal governments, or with counties, towns, coiporations, and indi\-iduals, in the preparation of plans for forest protection, management, replacement of trees, wood lots, and timber tracts, using his influence as time will permit toward the establishment of scientific forestry principles in the management and protection of the forest resources of the state.' [L. 1911, ch. 125, sec. 6.] Sec. 1, Ch. 325, L. 1915. State forester: Employment by, of sanatorium inmates. — The state forester is hereby authorized and directed that in the employment of labor whenever it is necessary to reforest the state lands of the state, or to per- form such other labor as vd\l by him be deemed proper in the care of such land, he shall consult the superintend- ent of the State Sanatorium for Consumptives and find from such superintendent, those persons who are able to perform labor who have received treatment at said sana- torium or county sanatorium for three months and shall in the employment of such laborers give preference to those who are in his judgment competent to perform such labor. Sec 2. Compensation for sanatorium labor. — The com- pensation to be paid for such labor shall be the same as that received by others for like services. ' The State forester is also a member of the State board of timber com- missioners, which is composed of the governor, treasurer, auditor. State forester, and attorney general. (See Gen. Stat., Minn., sec. 5270.) [ Sec. 3789, Gen. Stat., Minn., 1913. State forester, construction of flre-brealis: Co- I operation witli the State highway commission and town and village offlcials. — The state forester shall also co-operato with the state highway commission a.nd with j the supervising officers of the various towns and villages in ^ the construction of fire-breaks along section linens and public highways." [L. 1911, ch. 125, sec. 7.] Sec. .■^790. State forester, educational worlv: In general, and in cooperation with the University of Minnesota. — The state forester may advance, as he deems wise, educa- tion in forestry within the state by publications and Ice. tures, and upon the invitation of the director of the colleg'' of forestry- of the University of Minnesota may co-operati! with the said college so far as his time will permit, and such college shall furnish such aid to him as in the cir- cumstances is consistent with its own proper functions. [L. 1911, ch. 125, sec. 8.] Sec. 3791. State forester, auditing duties of. — It shall be the duty of the state forester to audit and inspect all bills for salary and expenses incurred by the district rangers and by fire patrolmen for the suppres.'sion. checking and con- trol of fires and recommend to the forestiy lioard the amounts justly due and wliich should be paid. |L. 1911, ch. 125, sec. 9.1 Sec 3800. Penalty for refusal to enforce forestry act icb. 125, L. 1911). — (For text of the provision, see this section on p. 8). Sec. 380S. Appropriations for 1911, 1912, 1913. — Claims, how paid — Vouchers, how approved. — * * * -phe man- ner of presenting claims to the state auditor and payment of the same shall, so far as practicable, be in accordance with chapter ninety-six (9G) of the General Laws of Min- nesota for 1905. Itemized vouchers of all expenses shall be approved as directed by the forestrj' board. [L. 1911. ch. 125, sec. 26.] Sec 3809. Meaning of the term "Board." — Wlienever the word ■'board'' is mentioned or referred to in the forestry lawg of the state of Minnesota it shall mean the state forestiy board herein created. [L. 1911, ch. 125. sec. 27.] Sec. 3810. Repeal of certain laws. — Chapter 22, Revised Laws, 1905 and sections 2505. 250G, 2507, 2508, 2510 and 2515 Revised Laws, 1905; chapters 82 and 310 of the General Laws of Minnesota for 1905; chapter 182 of the General Laws of Minnesota for 1909 and all acts and parts of acts inconsistent with this act are hereby repealed. [L. 1911, ch. 125, sec. 28.] ' See also sees. 3801, 3806, on p. 5. STATE FOKESTRY LAWS MINNESOTA. Sec. 294. Salaries of forest officers and employees: Fixed — When payable. — The yearly salaries of the state officers and employees mentioned in this act shall be as herein fixed and all salaries shall be payable in monthly install- ments. 17. State forester, four thousand dollars; assistant for- ester, twenty-seven hundred dollars; secretary, eighteen hundred dollars; clerk, twelve hundred dollars; draughts- man, nine hundred sixty dollars; two stenographers, nine hundred dollars each. [L. 1913, ch. 400, sec. 1.] Sec. 295. Salaries, as provided, to be in full for all services. — The salaries provided in this act for the officers and em- ployees named herein, shall be in full payment for all services that may be rendered by said officers or employees either in the performance of their regular or special duties or while acting as a member or employee of any state board or commission. [L. 1913, ch. 400, sec, 2.] PART n. FIRES. (This comprises the general provisions of law, if any, concerning protection from forest fires. For localized provisions, if any, concerning protection of State-owned lands, see Part III.) (1) PROTECTIVE SYSTEM. (This subdivision comprises the provisions of law, if any. defining the personnel and the administrative duties of the State organization charged with the prevention, detection, control, and extinguishment of forest fires. For specific provisions, if any, concerning similar duties in connection with railroad fires, slash disposal, and fal- low and other fires, see subdivisions (2), (3), and (4), respectively.) Sec. 3792, Gen. Stat., Minn., 1913. Patrol districts, establishment of. — As soon as prac- ticable after this act shall take effect, the state forester may, with the approval of the state forestry Ijoard, create and establish patrol districts, including all lands of both state and private ownership, upon which there is a prob- ability of forest and brush fires starting, and establish rangers over the said districts. [L. 1911, ch. 125, sec. 10.] Sec. 3793. District rangers: Duties, in general — Arrests without warrant — Complaint and prosecution — Not liable for civil action for trespass in discharge of duty. — Under the direction of the state forester, the district rangers are charged with preventing and extin- guishing forest fires in their respective districts, and the performance of aarh other duties as may lie required by the state forester. They may arrest witliout warrant any person found violatuig any provisions of this chapter, take him before a magistrate and there make complaint. When the district rangers shall have information that such violation has been committed, they shall, without delay, make similar com- plaint, and have the same prosecuted. The district rang- ers shall not be liable for civil action for trespass com- mitted in the discharge of their duties. [L. 1911, ch. 125, sec. 11.] Sec. 3794. Fire patrolmen: Duties — Equipment — Impressing assistance — Penalty for failing to assist. — At any time district rangers, with the approval of the state forester, may employ suitable persons to ))e knovvn as fire patrol- men permanently to remain upon and patrol such ter- ritory, state or private, as may be assigned to them as long as may be required to prevent and extinguish any fire. Each such patrolman so employed shall bl supplied with the necessary equipment. The state forester, and the district ranger may, and, if they are absent and fires are actually burning in the forest, the fire patrolman may, summon any male person of tlie age of 18 years and up- wards to assist in stopping the fire, and may incur any other necessary and reasonable expense for the same pur- pose, but shall promptly report the same to the district ranger. Any person summoned by any official, of the state who is physically able and refuses to assist shall be guilty of a misdemeanor and shall be punishable by a fine of not less than $5.00 and not more than §25,00.' [L. 1911, ch. 125, sec. 12.] Sec. 3799. Fire-fighting: Wages and expenses, how fixed and paid for — Payment of residents — Emergency ex- penses — Vouchers for payments. — The wages and ex- penses of men summoned or employed to fight forest fires actually burning, shall he fixed and paid for by the state forester and the labor reckoned and paid for by the hours of labor performed , which shall not exceed the rate of 25 cents per hour employed; provided no pay shall be given for fighting fh'e within one mile of the residence of such person unless employed by the state forester or hij assist- ants. The forestry board is authorized to draw out of the money appropriated by this act a reasonaljle sum, not to exceed five thousand (5,000) dollars at any one time, from the state treasurer and place the same in tlie hands of the state forester to be used by him in paying emergency expenses, and the state auditor is authorized to draw his warrant for such sum when duly approved by the president and secretary of said board. The state forester shall take proper sub-vouchers or receijjts from all persons to whom such funds are paid and after tlie same have been approved by the state forestry board, they shall be filed with the state auditor, [L, 1911, ch. 125, sec. 17.] ' See also sec, 3800, on pp, S-9, as to penalty; and sec, 3805, on p. 9, for provisions concerning prosecutions for violations of this act (ch. 125, L. 1911), STATE FOKESTKY LAWS MINNESOTA. Sec. 3801. Flre-flghtlng: Villages and cities to clear off com- bustible material and make lire-breaks — Penalties. — .\11 villages and cities in the state situated in the timber area are hereby avithorized, and all sucli municipalities where the same ia possible so to do are hereby directed, to clear off all combustible material and debris and create at least two good and sufficient (ire-breaks of not less than ten feet in width each, which sliall completely encircle .such municli>alities at a distance of not less than twenty roils apart, between wliicli back-fires may be set or a stand made to fight forest fires in cases of emergency.' • It is hereby made the duty of the district rangers to report to the state forester any failure to comply witli the ])rovisions of this section or any violation of this act and any failure so to do shall be punished by a fine of not less than twenty-five dollars, nor more than one hundred dollars.'^ [L. 1911, ch. 125, sec. 19.] Sec 3806. Fire-flghting by towns, cities, and villages: Ap- pointment of officials as Are wardens— Precautions — Tax for "fire fund" — Cooperation witli and action under State forestry officers. — The state forester may appoint superiors, constables and clerks of towns, mayors of cities and presidents of \dllage councils, fire wardens for their respective districts, and it is hereby made their duty to do all things necessary to protect the property of such municipalities from fire and to extinguish the same. All towns, villages and cities are hereby authorized and directed to take necessary precautions to prevent the starting and spreading of forest or prairie fires and to extinguish the same and are hereby further authorized to annually levy a tax of not more than five mills upon the taxable property of such municipalities, wliicli, when collected, shall be known as the "Fire Fund " wliich shall be used in pajdng all necessary and incidental expenses incurred in enforcing the pro\-isions of tliis act: In all townships constituted \vitliin any of the forest patrol districts which may be established by the state forestry- board, the respective town and village officers shall cooperate as far as possible with and act under the general supervision and direction of the state forestrj- ofiicers.' [L., 1911, ch. 125, sec. 24,] Sec 3807. Fines, disposition of: When i)aid to county, and when to township, city, or village for "fire fund." — All moneys received as penalties for violations of the pro- ■v-isions of this act. less the cost of collection and not other- wise provided for, shall be paid into the treasury of the county in which the penalties for said \'iolation of the pro- visions of this act were imposed; provided, however, that fines collected for \-iolations of this act. where prosecutions 1 See also sec. 3789, on p. 3. * For provisions concerning prosecutions for violations of this act(ch. 125, L. 1911), see sec. 3805, on p. 9. are instituted upon the complaint of township, city or village officers, duly appointed by the state forester as fire wardens, shall be paid into the treasury of the town- ship, city or village where the offense was committed, to be credited to the "fire fund" of such townsliip, city or \T.llage. [L., 1911, ch. 125, sec. 25, as amended L., 1913, ch. 159, sec. 7.] Sec 3811. Legalizing payments made in aid of sufferers from forest fires. — That in all cases where the officers of any city or the county board of any county in this stale have heretofore, by resolution of the citj' or common council of any such city or the county board of any such county, in good faith authorized the payment and have paid out public moneys for tlie purpose of aiding the sufferers from forest fires in northern Minnesota in the year 1910, such payments are hereby in all respects validated and legal- ized. [L., 1911, ch. 7, sec. 1] (2) RAILROAD FIRES. (This Bubdi\asion comprises the provisions of law. if any. defining the responsibility of railroad and logging com- panies, the precautions to be taken by them, and their liability for damages occasioned in the ojjeration and main- tenance of their trains and rights of way; also pro^-isions concerning the use of spark arresters and other safeguards on traction, tlirasliing, other portable and sawmill engines, and boilers,) Sec 3795, Gex. Stat.. Minx., 1913. Patrol to follow locomotives: Railroads to provide, when — In case of failure, action by State forester- Recovery of expense — Misdemeanor. — Other precau- tions — Penalties — Civil liabilities. — When in the judg- ment of the state forester there is danger of tlie setting and spreading of fires from locomotive engines, he shall order any railroad company to proA-ide patrolmen to follow each train throughout such fire patrol district or districts as he deems necessary to pre-\-ent fires. When the state forester has given a railroad company notice to pro\-ide such patrol after trains, the said railroad company shall immediately comply with such instructions throughout the territory designated; and upon its failure so to do, the state forester may employ patrolmen with the necessarj- equipment to patrol the rights-of-way of said railroad, and the expense of the same shall be charged to the said railroad company, and may be recovered in a civil action in the name of the state of Minnesota, and in addition thereto, the said com- panj' shall be guilty of a misdemeanor. The state forester may prescribe such other measures which are considered by him to be essential for the imme- diate control of fire. It is also made the duty of any railroad company, acting independently of such state forester, to patrol its right-of-uay after the passage of each train when necessary to prevent the spread of fires and to use the highest di^ee of diligence to prevent the setting and spread of fire, to cause the extinguishment of fires set by STATE FORESTRY LAWS MINNESOTA. locomotives or found existing upon their respective rights- of-way, and for any violation hereof such railroad company, its officers and patrolmen shall be guilty of a misdemeanor, and be punished by a fine of not less than fifty dollars ($50.00), nor more than one hundred dollars ($100.00) and costs, and in addition thereto such railroad company shall be liable for all expenses and damages caused or permitted by it to be recovered in civil action.' [L. 1911, ch. 125, sec. 13, amended L. 1913, ch. 159, sec. 2.] Sec. 3796. Railroad companies, duties of: Ash pans and sparl{ arresters required on locomotives — Inspection of devices— Record of inspections— Responsibility of Company. — Inspectors appointed by State forester, powers of. — ^Every company operating a railroad for any purpose shall equip and use upon each locomotive engine a practical and elficient ash pan and spark arresting device, which the master mechanic shall cause to be examined and the same shall be examined by the master mechanic or some employee each time before leaving the roundhouse, except when snow is on the ground. A record shall be kept of such examinations in a book to b? furnished by the railroad company for the purpose, showing: 1. The place and number of each engine inspected. 2. The date and hour of day of such inspection. 3. The condition of the said fire protective appliance and arrangements; and 4. A record of repairs made to any of the fire protective appliances. The said book to be open for inspection by the state forester or other authorized officer appointed by him. The master mechanic or employee making such exami- nation shall be held responsible for the good condition of the same, but without relieving the company from its responsibility hereunder. Any locomotive inspector appointed by the state forester is authorized to inspect any locomotive, donkey, traction or portable engine and all other engines and boilers operated in the vicinity of forest, brush or grass lands, and to enter upon any property for such purpose or where he may deem it nece.ssary in order to see that all the provisions of this act are duly comi)lied with. Rights of way to bo licpt clear of combustildc materials, when — Exception. — Every such company shall keep its right-of-way clear of combustible materials, logs, i)oles, lumber and wood, except ties, material for shipment, and other material necessary for the mainte- nance and operation of the road, from March 15th to December 1st. During particularly dry and dangerous periods the state forester may prohibit any and all burning along part or all of railroad right-of-way for a definite period. Fire-breaks along routes — Intent of require- ment. — Every railroad company shall establish and maintain such fire-breaks along the route of its railway as can be constructed and maintained at not excessive 1 For provisions concerning prosecutions for violations of this act (ch. 125, L. 1911), see sec. 3805, on p. 9. expense. The intention shall.be to adjust the protective measures to the local conditions, and to make the expense proportionate to the fire risk and the possible damage. Engines, not oil-burning: Restrictions in vicinity of forest, briisli, or grass lauds. — Except when snow is on the ground, no donkey, traction or portable engine or other engines and boilers except locomotives shall be operated in the vicinity of forest, brush or grass lands, which do not burn oil as fuel, except they be provided with a practical and efficient ash-pan and spark arresting device. Deposits of fire, live coals, and ashes — Trainmen to report Ures — Duty of telegraph and telephone agents. — No company shall permit any of its employees to leave a deposit of fire, live coals or ashes in the immedi- ate vicinity of wood land or lands liable to be overrun by fire, and every engineer, conductor or trainman discover- ing a fire adjacent to the track shall report the same promptly to the agent at the first telegraph or telephone station reached by him, whose duty it shall be as repre- sentative of sucli cora])any to at once take necessary ste])s to put out such fire. Instructions to employees re fires — Posting fire notices — Concentration of help, to extinguish fires on rights of way. — Every such company shall give its employees particular instructions for the prevention and extinguishment of fires, and shall cause warning placards such as are approved by the state forester, to be conspicu- ously posted at every station in the vicinity of forest, brush and grass lands, and when a fire occurs on the right- of-way of its road, shall immediately concentrate such help and adopt such measures as shall be available for its extinguishment. Reports to State forester upon fires along routes. — Every railroad company shall make such reports to the state forester as are deemed necessary by him of fires occurring on or adjacent to their respective rights-of-way. Combustible material in proximity of railroad: Action re protection or removal, under notice from forest olficer. — Whenever any combustible material shall be left in the proximity of any railroad, either without proper fire protection or so as to constitute a fire menace to other property, it shall be the duty of the owner of such material, upon being notified in writing by the state for- ester or any forest ranger as to the nature and extent of the protection required, to forthwith comply with all the terms of such notice so as to properly protect or remove such material. Violations of section: Penalties. — Any company or corporation violating any provision of this section shall be deemed guilty of a misdemeanor, and on conviction thereof shall be fined not less than fifty dollars ($50.00) and not exceeding one hundred dollars ($100.00) and costs of prosecution for each offense, and any railroad em- ployee or other individual violating the same shall be guilty of a misdemeanor, and shall be punished by a fine of not less than twenty-five dollars ($25.00) nor more than one hundred dollars ($100.00) and costs of prosecution, STATK KOKESTHV LAWS MI.NNKSOTA. or by imprisoiiraeiit in the ((luuty jail not exceydini: ninety (90) days.' [L. 1911, ch. 125, sec. 14, iimonded L. 1913, ch. 159, sec. 3. J Sec. 37S(). Fire notices prepared by State forester: Posting of, l>y railroads. — (For text of provision, see this section, on 11.2.) Siics. 3797, 379S. Sla.sh disposal by corporations and others. — (For text of provisions, see tliese sections, on pp. 7-8.) Sec. 3801. Prima facie evidence of negligence in cases of lire set by corporations and otliers. — (For text of provi.siims, see this section, on p. 9.1 .Si:r. 1121). ■('ivil liability of railroads for injuries caused by llres- Insurable interest. — Each railroad corporation cjwning or operating a railroad in tliis state shall be respon- sible in damages to every person and corporation whose pro])erty may be injured or destroyed by fire communi- cated directly or indirectly by the locomotive engines in use upon the railroad owiied or operated by such railroad corporation, and each such railroad corporation shall have an insurable interest in the property upon the route of the railroad owned or operated by it and may prociire in- surance thereon in its own behalf for its protection against such damages. [R. L. sec. 2041, amended L. 1909, ch. 378, sec. 1.] (3) SLASH DISPOSAL. (This subdivision comprises the provisions of h\w, if any, for slash disposal after lumbering and other cutting opera- tions.) Sec. 5300. Gen. Stat., Minx., 1913. Posted notice of area to be cut over: What to con- tain Period of posting — Copy, with post-office ad- dress, to State forester — Penalty for violation of provisions. — Everjf person, firm or corporation engaged in the cutting of timber of any kind, telegi'aph poles or fence posts, upon any of the land belonging to the state, or upon any land whatsoever within this state, shall before cutting any such timber, post in a conspicuous place in any camp building or house occupied by his employees en- gaged in such cutting a notice which shall contain a full description of the lands proposed by him to be cut, the period during which the cutting is proposed to be done, and which said description shall contain the precise description of said land by forty-acre tracts, or fractions thereof, of governmental sub-divisions, and shall include the section, town and range, and such person or persons so (•ng.iged in cutting timber as afores.\id shall be re(|uired to keep s.iid notice conspicuously posted in such cam.p build- ing or house dming the entire time that he is engaged in 1 For provisions concerning prosecutions for violations of this act(ch. 125, L. 1911), see sec. 3805, on p. 9. cutting such timber; and he sh dl, before cutting any such tinil)er, forward a copy of such notice with his post-olhce address to the state forester at the state capitol, St. Paul. Any i)ers:)n, persons, firms or corporation violating' the provisions of this section shall be guilty of a misdemeanor and ui)on conviction thereof shall pay a fine of not less than twenty-five dollars ($25.00) and not exceeding one hundred dollars ($100.00) or be imprisoned in the county jail for a period not less than twenty days and not exceed- ing ninety days. Reward — Exception. — Any person or persons giving to the proper authorities information which shall lead to the conviction of any person, persons, firm or corporation guilty of a violation of this section shall receive the sum of twenty -five dollars ($25.00) reward, to be ascortiiined and paid in the manner provided herein for the payment of the reward provided for in section 40 of this act.' Provided, however, that the pro>'ision.s of this section shall not apply to any parson who shiU be engaged in cutting cord wood upon his own l.;nd or engaged in cutting timber for clearing any land actually owned or occupied by him. [1905, ch. 204, S2C. 41. amended 191:', <-h. 114, .s-.-. I.| Sec. 3797. Slashings, etc.: Disposal of, under direction of forest officer — Fire line around area. — Where and whenever in the judgment of the state forester or district ranger there is or may be danger of starting and spreading of fires from slashings and debris from the cutting of timber of any kind and for any purpose, the state forester or dis- trict ranger shall order the individual, firm or corporation, by whom the slid timber has been or is being cut, () to dispose of the slashings and debris as he may direct. Where conditions do not permit the burning of the slash- ings and debris over the entire area ss covered, the state forester may require the person, firm i^r corporation by whom the timber was cut. to disjjose of su See sec. 6344, on p. 11. ' See footnote to sec. 5382, on this page. STATE FOKESTKV LAWS MINNESOTA. 11 «illiilly cut, injure, cir take any (ree. -^lirub. tinilier. or plant in said iiarU, or wlio shall kill, cause to lio killed. (:r |iursne wltli intent to kill any wild animal, or. exee])t with the con.scnt of the park eommis.sioner, take any fish from t!ie waters thereof, raise or lower auy of the lakes or Btrearas within said park, or set any fire tleroin, or. who shall wil- fully injure any building, improvement, or property of the state therein, shall be guilty of a misdemeanor, the mini- mum punishment whereof shall be a fine of fifty dollars.' (Sec. ■-'."lOO.] Seu. 5343. Itasca Stale Park: Atlililioii to, in Hiibliarrl County. — * * * situated in Hubbard county, is hereby added to and made a part of Itasca State Park. L. 1905, ch. 277, sec. 1.] Skc. 5344. AS MODiFiEn by Sec. -jSTT. Kasca State Park: Made a state l"(»resl Maiiajje- mciil by .Stale lorestry lioard Stanilinsc apprupria- lioiis. Itasca Slate Park is liereby made a * * * [state forest], and its management placed under the state forestry board, to be cared for in the same manner as other * * * [state forests], as provided foi in the act establishing said board except as hereinafter provided. The standing appropriations - for said park shall be ex- jjended under direction of the state forestry board, and said state forestry board is hereby vested with all the powers with reference to said park heretofore exercised by any other board or state officer. [L. 1907, ch. 90, sec. 1.] Sec. 5345. Itasca Stale Park: Primeval pine forest to be pre- served- Dead and down, diseased, and inscci in- fested timber — Revenues from sales of timber. The state forestry board shall presene intact the primeval I)ine forest now growing in Itasca State Park, and shall cut no part thereof except weak, diseased or insect in- fested trees, or dead and down timber. The net returns from the sales of timber of any description from said park shall be tuined into the state treasury. [L. 1907, ch. 90, sec. 2.] Sec. 5346. Ilasca Stale Park: Forest demonslrallon work «ilblii, by resents of Stale rniversity; and c(K)per- alive foresi work eilher vvilliin or elsewhere. The lioard of regents of the state university may, in their dis. cretion, use for their forest demonstrations work in con- nection with the forestry course in the stale university, any suitable tracts of land in Itasca State Park that may be assigned to them for this purpose by the state forestry ' See sec. 5347, on this page, and sees. 53S4, .'i3S.5, on p. It). = See footnote to sec. 53S2, on p. 10. board, or may undertake forestry work in the said park or elsewhere in conjunction with the state forestry board.' [L. 1907, ch. 90, sec. 3.] Sec. 5347. Itasca State Park: (Jaiiie jtreserve Trespass stat- utes not repealed. -Itasca State Park shall be main- tained by the state forestry board as a game preser\-c, and nothing in this act shall be construed as repealing the existing statutes in regard to trespass in Itasca State Park. [L. 1907, ch. 90, sec. 4.] Sec. 5348. Itasca Stale Park: Forestry board aulliorized to accept donations of certain lauds — Reservation of timber rigiits. — Tlie state forestry board is hereby atithorizixl to accept for the state of Minnesota donations of the hereinafter described land- within the limits of the Itasca State Park, and such donors may reserve to them- selves the right to cut and remove from the said lands all the white pine, Norway pine, Jack pine, spruce, cedar, tamarack and balsam timber eight inches in diameter and over and four feet and six inches from the ground at the time of cutting; and that the donors of the said land may reserve the right to cut and remove the timber grow- ing on raid land for a period not exceeding ten years from the date of such donation. \L. J909, ch. 220, sec. 1.] Sec. 5349. Itasca Stale Park: Taxes on reserved timber — Floating logs, privilege — Selection of groves — Stump- age price— Payments for standing timber. — ^All the taxes levied on such timber which the donors may reserve to themselves under this act shall be paid by the state of Minnesota for a period not exceeding ten years and the said donors .shall have the right to dri^^e theii" logs through Itasca Lake with two foot head of water during such period of ten years for the purpose of getting the timber cut on such lands to market. In addition to the right given to the state forestry board under this act, they shall reserve to the state and it shall be part of the agreement under wliich such donation is made that the said state of Minnesota by its said forestry board shall have the right to select such groves of timber as it may wish to preserve, to mark such groves and the trees therem with copper nails or white paint at the expense of the donors, and to pay tihe [jurchaae price for the stumpagc selected, which price shall be the same as that awarded the Ked River Lumber Company according to size. Provided, that the ' Cloquet Forest Experiment Station: Forest demonstration work by regents ol tlie State universitj'.— Tlie board of regents of the State uni- versity arc also, independently, charged with managing a tract, in Carlton County, Minn., knowTi as the Cloquet Forest Experiment Station, as a demonstration forest and experiment station for the stu- dents of tlio forestry department of the university. (See, in Gen. Stat, of Minn., i;)I3, sees. :in40-30-S2.) - See sec. ^i:\'Ai, on p. c?. 12 STATE FORESTRY LAWS MINNESOTA. state forestry board shall have the right to make partial payments for any standing timber which the forestry board may purchase from said donors. [L. 1909, ch. 220, sec. 2.] Sec. 5350. Itasca State Park: Description of lands donated.-- The lands referred to in section one of this act [Code sec. 5348] are situated in Itasca Park in Becker, Hubbard and Clearwater counties in this state and are described as follows: * * * [L. 1909, ch. 220, sec. 4.] Sec. 5351. Itasca State Park: Reservation of mineral rights by donors of lands.— The state forestry board is hereby authorized in its contract with any donors of lands speci- fied in the above mentioned act approved Aj^ril 17, 1909 [sees. 5348-5350] in addition to the other stipulations in said act, to allow any donor to reserve the minerals there may be in said lands. [L. 1911, ch. 275, sec. 1.] Sec. 5352. Itasca State Park: Forestry board authorized to secure remaining private lands and timber there- on. — In addition to the powers now conferred by law upon the state forestry board, said board is hereby author- ized to secure for the state of Minnesota, by gift, purchase or condemnation, any lands and the timber thereon in Itasca State Park not now owned by the state of Minne- sota. [L. 1913, ch. 531, sec. 1.] Sec. 5353. Itasca State Park: Tax levy for acquirement of lands and timber.— The money for the purchase and condemnation of such lands and the timber thereon shall be obtained by the levy and collection of a state tax of an amount equal to the interest on 1250,000.00 each year for five (5) years and of $25,000.00 a year and the amount of interest on outstanding and unpaid Itasca park certificates of indebtedness each year after said five (5) years until all such certificates and interest thereon are paid. The state auditor is hereby directed to levy and collect such tax. The proceeds of such tax are hereby appropriated, so far as necessary to do so, to the payment for such lands and the timber thereon, and said certificates of indebted- ness with interest, and the incidental expenses hereafter referred to. [L. 1913, ch. 531, sec. 2.] Sec. 5354. Itasca State Park: Itasca Park certificates of in- debtedness.— The state forestry board may issue against said taxes to be levied, collected and appropriated pur- suant to the preceding section, certificates of indebtedness which shall be known as "Itasca Park certificates of in- debtedness." They shall be in the aggregate of not more than 1250,000.00 and shall be issued in denominations of $500.00 and shall be due in the aggregate of not more than $25,000.00 a year beginning with 1918 and shall bear inter- est at not to exceed five (5) per centum per annum, and shall be sold as money is needed for the purchase or con- demnation of land and timber thereon for said park as hereinbefore indicated, and the proceeds of such sales shall be used for such purchases or condemnations and interest as aforesaid, and the incidental expenses con- nected with such gifts, purchases or condemnations and not otherwise. [L. 1913, ch. 531, sec. 3.] Sec. 5355. Itasca State Park: Custodian of Douglas lodge and other buildings — Revenue from buildings, dis- position and use of— Regulation of charges^-^Super- intendent of park, appointment, compensation, and powers of — Protection of game and fish. — To extend the authority conferred upon the forestry board by chapter 90 of the General Laws of 1907 [sees. 5344-5347] and other provisions applicable thereto in respect to the manage- ment of Itasca State Park, said board may appoint a custodian of Douglas lodge and any or all of the cottages and other buildings owned by the state situated in the park, (excepting the buildings used for forest school pur- poses) and permit him to use the same upon such terms and conditions as shall be mutually agreed upon between them, conditioned however, that such party shall serve as custodian only during the pleasure of the board; the reA'enue derived by the state pursuant to the terms of any such agreement shall be paid into the state treasury, credited to the Itasca State Park support fund and used in maintaining and impro\'ing the park. Said lodge and all cott^es shall as heretofore be used solely for the ac- commodation of the public visiting the park. The for- estry board may prescribe rules and regulations for the management of the lodge and rates to be charged by such manager for the accommodation of the public. The board may appoint any competent person superintendent of the park who shall servo during the pleasure of the board ; locate his place of residence and define his duties. His compensation as such superintendent shall be fifty ($50.00 ) dollars per month and it shall be his duty to give personal attention to the preservation of the park; prevent and put out fires; protect the game and fish therein, and per- form such other duties as shall be prescribed by the state forestry board. The powers of a deputy game warden are hereby vested in him. He may act as district forest ranger or other forest officer and receive such compensa- tion for such ser\ices as may be determined by the board of officers appointing him, not however, in excess of fifty ($50.00) dollars per mouth in addition to his said salary as superintendent. The said board is also authorized and directed to take necessary steps to protect all game and fish in the park and is hereby given general supervision and control of the subject. [L. 1913, ch. 559, sec. 1.] Sec. 53.56. Itasca State Park: Improvement of Douglas lodge authorized. — (For text of pro\-ision, see this section in General Statutes, Minn., 1913.) STATE FORESTRY I.AWS MINNESOTA. 13 (2) OTHER STATE LANDS. (Laiv3 whifli, provide merely for tlie protection of State lands other than State forests from fire and from timber and other forms of trespass, and for the sale of timber and other forest products therefrom, are not included because their intent is not one of forestry.) Sec. .5300. Posted notice of area to be cut over: What to con- tain — Period of posting— Copy to State forester — Penalty for violation of provisions — Reward —Ex- ception. — (For text of these proraions, see tliis section on p. 7.) (3) MUNICIPAL FORESTS. Sec 1S46, Gex. St.\t., Minn., 1913. Municipal forests: Acquirement of lands for, by cities, villages, and towns — Naming — Management— Tax_ levy. — Any city ' village or town in this state, by resolution of the governing body thereof, may accept dona- tions of land that such governing body may deem to be bet- ter adapted for the production of timber and wood than for any other purpose, for a forest, and may manage the same on forestry principles. The donor of not less than one hun- dred acres of any such land shall be entitled to have the same perpetually bear his or her name. The governing body of any city, village, or town in this state, when funds are available or have been levied therefor, may, when au- thorized by a majority vote by ballot of the voters voting at any general or special city or village election or town meeting where such question is properly submitted, pur- chase or obtain by condemnation proceedings, and prefer- ably at the sources of streams, any tract of land for a forest which is better adapted lor the productioi\ of timber and wood than for any other purpose, and which is conven- iently located for the purpose, and manage the same on for- estry principles; the selection of such lands and the plan of management thereof shall ha\e the approval of the state forester. Such city, village, or town is authorized to lev-y and collect an annual tax of not exceeding five mills on the dollar of its assessed real estate valuation, in addition to all other taxes authorized or permitted by law, to procure and maintain such forests. |I.. 1013, ch. 211, scr. 1.] Sec. 1, Ch. 108, L. 1915. Municipal Forest: Donation of certain land by State lo City of St. Paul. -Upon the adoption of a reso- lution by the governing body of the city of St. Paul, in Ramsey t'ounty, Minnesota, accepting a donation and con- veyance from the state of a portion of the land of the first state fish hatchery of the city of St. Paul, Minnesota, here- inafter set forth, pursuant to the provisions of Chapter 211, Laws of Minnesota for the year 1913, for a municipal forest iu the city of St. Paid, and upon- the presentation and de- livery of a certified copy of such resolution to the governor of the state, a donation and conveyance o£ said land shall be made by the state to the city of St. Paul. ' See, on this page. chs. 108, 217, L. 1915, containing later legislation on this subject concerning the city of St. Paul, Minn., and other cities in the Stale which meet certain specified requirements. Sec. 2. Deed of conveyance, form of.— The deed of convey- ance shall be executed by the governor and the state audi- tor, and attested by the secretary of state. Such instru- ment or conveyance shall recite that the donation and conveyance is made for use as a municipal forest only, under the provisions of said Chapter 211, Laws of Min- nesota for 1913, and shall further provide that the said premises shall be used by the said city of St. Paul for a municipal forest only, and that in the event the said city of St. Paul shall cease to use the same for such purpose within the spirit and intent of this act, the title to said property shall ipso facto revert to the said State of Minne- sota. Sec. 3. Land to be donated, description of. — Tlie land and premises hereinbefore referred to, wliich is to be donated and conveyed by the State of Minnesota to the city of St. Paul, is a part of the lands and premises of the state known as the first state fish hatchery, situated in the city of St. Paul, in Ramsey county, Minnesota, to-wit: Containing Twenty and Fifty-five hundredths (20.55) acres more or less. Sec. 1, Ch. 217, L. 1915. Municipal Forests: Acquirement of lands for, by certain cities — Naming Management — Tax levy. — Any city in the State ol Minnesota, now or hereafter having a population of more than fifty thousand inhabitants, by resolution of the governing body thereof, may accept dona- tions of land as such governing body maj deem to be better adapted for the production of timber and wood than for any other purpose, for a forest, and may manage the same on forostrj- principles. The doner [donor] of not less than one hundred acres of any such land shall be entitled to have the same perpetually bear hia or her name. The governing body of any such city, when funds are availalile or have been levied therefor, may purchase or obtain by condem- nation proceedings, and profenxbly at the sources of streams any tract of land for a forest which is better adapted for the production of timber and wood than for any other purpose, which is conveniently located for the purpose, and manage the same on forestry principles. The selection of such lands, and the plans of management thereof, shall have the approval of the state forester. Such city is authorized to levy and collect an annual tax of not exceeding five mills on the dollar of its assessed real estate valuation, in addi- tion to all other taxes authorized or permitted by law, to ' procure and maintain such forests. Sec. 2. Application of act. — This act shall apply only to such cities as are or may be governed by a charter adopted pur- suant to Section 36 Article 4 of the Constitution of this state. 14 STATE FORKSTRY LAWS MINNESOTA. PART IV.— TAXATION. (TMs part comprises the provisions of law, it any, cover- ing the classification and taxation of foi'ested lands and lands to be forested, the purpose of which is to encourage the practice of forestry by private owners; also such bounty and exemption laws as have a like purjjose. For similar taxation provisions, if any, concerning State or municipal forests, or other State lands, see Part III.) Sec. 5191, Gen. Stat., Minn., 1913. Bounties for timber growing: Certain reiiuire- ments -Exceptions as to who may receive bounties — Appropriation. — Every person who shall plant one acre or more of land with forest trees of any Icind other than black locust, and shall keep such trees growing in a thrifty condition, and not more than twelve feet apart either way, replacing yearly such as may die, shall receive from the state two dollars and fifty cents per acre therefor for six successive years, not exceeding, however, twenty-five dollars in any one year. This section shall not apply to any railway company, to any person who ha.? already re- ceived such compensation, nor to any person planting trees in compliance with an act of Congress approved March 3, 1873, relating to the growth of timber on western prairies, or any act amendatory thereof. For the purpose of paying such compensation, the sum of twenty thousand dollars is annually appropriated from the revenue fund.' [R. L. sec. 2391, amended L. 1913, ch. 76, sec. 1.] Sec. 5192. Proof. — The claimant shall file with the county audi- tor a plat givino; the government subdivision, and the position of the trees thereon. If the number of trees be increased, supplemental plats shall be filed. He shall ' See footnote to sec. 53S2, on p. 10. show his ownership of the land, and make oath to the plant- ing and maintaining of the trees as prescribed in sec. 5191; and his proof shall be supported by the affidavit of at least two freeholders, residing in the same town, who have per- sonal knowledge of the facts. Such proofs shall be filed with the county auditor between July 1 and July 15 of the year for which compensation is claimed. fSec. 2392.] Sec. 5103. Examination and report by assessor. — The assessor of every town, at the time of making his assessment, shall ascertain if trees have been planted therein for which compensation is claimed under this chapter, and, if any such be found, he shall personally examine the same, and report the area planted and the condition of the trees to the auditor when the assessment books are returned. [Sec. 2393.] Sec. 5194. Action on proofs by auditor. — Before August 1 the auditor shall compare the proofs furnished by the claimant with the assessor's report, and, if they correspond in sub- stance, he shall immediately forward to the state auditor the original proofs of claim, and a certified Ust of all plats filed. [Sec. 2394.] Sec. 5195. Issuance of warrants to claimants. — The state auditor shall audit all such claims, and on the first Monday of October in eacli year shall issue his warrant to the several claimants for the amount to which each is entitled; but, if the aggregate of compensation due to all such claimants shall exceed th? appropriation therefor, he shall distribute the available amount amongst them pro rata, which dis- tribution shall relieve the state from further obligation to such claimants for the year. [Sec. 2395.] ; GOVKKXMEST rUINTI.NG OFFICE : 191G c^5. Date of issue January 29, 1916. UNITED STATES DEPARTMENT OF AGRICULTURE FOREST SERVICE Henry S. Graves, Forester STATE FORESTRY LAWS A parallel classification showing the comparative progress of each State in forestry legislation MONTANA (Serial 1— Through Reg. Sess., 1915) Compiled in the Office of State Cooperation by Jeanuie S. Peyton PURPOSE OF COMPILATION Infoiination about the forestry laws of the various States, especially about those laws dealing with certain specific problems, is being demanded more and more; and requests for such information, coming from legislators. State administrative officers, forestry associations, forest schools, and other bodies and individuals, have led to the compilation, informally, of such State laws as bear more or less directly on the practice of forestry. The purpose of the compilation, of which this serial is a part, is to make easy a compara- tive study of the laws of the different States and to further the development of practical forestry legislation. By the classification of the laws and parts of laws under the headings, "Administration," "Fhes," "Public Forests," and "Taxation," the comparison is simplified, and the progress of each vState, or lack of it, in these particulars is clearly sho\v^l. The better to accomplish this educational aim, the great mass of timber and tree laws and those finer points of reference proper only to a legal or administrative manual have been omitted. PART I. ADMINISTRATION. I '" t'lf ■'"i™ "' tc" thou.saud (10,000) dollars, to be approved by the board [State Board of Land Commissioners] ' and filed with the Secretary ot' State; and he sball be a civil executive ofticer. (Tlii.'! part <. 11)09. Fire wardens, appointment, compensation, and duties, in general: Volunteer fire wardens Ex oflicio fire wardens— Federal forest officials, as volunteer Are wardens. — The state forester shall appoint in such number and localities as he deems wise, public spirited citizens to act as volunteer fire wardens. Every sheriff, under sheriff, deputy sheriff, game warden and deputy game warden, shall be ex-officio a fire warden, but shall not receive any additional compensation by reason of the duties hereby imposed, and they shall be deemed paid fire wardens under the terms of this act. The supervisors and rangers of the federal forest reserves within this state, whenever they formally accept the duties and responsi- bilities of fire wardens, may be appointed volunteer fire wardens, and shall have all the powers given to fire wardens by this act. The fire wardens shall promptly report all fires to the state board of forestry, take immediate and active steps toward their extinguishment; report any violation of forest laws; and assist in apprehending and convicting offenders. Sec. 12. Arrests without warrants, by State forester and fire wardens Rii^ht of entry Prosecutions, how effected — Failure of fire wardens to perform dutie.s, penaltie.s — Office vacated. — The state forester, and all fire wardotis, shall have the power of peace officers to make arrests without warrants for violations, in their presence, of any state or federal forest laws, and no fire warden shall be liable for civil action for trespass committed in the discharge of their [his] duties. Any fire warden who has information which shows, with reasonable certainty, that any person has violated any provision of such forest laws shall immediately take action against the offender, by making complaint before the proper magistrate, or by information to the proper county attorney, and shall obtain all possible evidence pertaining thereto. Failure on the ijart of any paid fire warden to comjily with the duties prescribed in this act, shall be a misdemeanor, and punishable by a fine of not less than twenty dollars, nor more than one thousand dollars, or imprisonment in the county jail for not less than ten days nor more than twelve STATE FORESTRY LAWS MONTANA. months, or by both such fine and imprisonment/ and upon his conviction the district court wherein he is con- victed shall forthwith declare his office vacant, and notify the proper appointing power thereof. Sec. 13. Impressing assistance in fighting fires— Penalties for refusal — Limit of time. — All fire wardens shall have authority to call upon any able bodied citizen between the ages of eighteen and fifty years, resident in the vicinity, for assistance in putting out fires; and any such person who refuses to obey such summons, except for good and sufficient reason, is guilty of a misdemeanor, and upon conviction, shall be fined in a sum not less than fifteen nor more than fifty dollars ' or imprisonment in the county jail not less than one nor more than thirty dayg or both such fine and imprisonment; provided, that no citizen shall be called upon to fight fire a total of more than five days in one year. Sec. 14. Forest officers required to protect timber from fires — Emergency expenditures — Limit of expenses. — The state forester, assistant forester, and all fire wardens (except volunteer wardens), under such rules and regula- tions as the state board of land commissioners may pro- vide, shall protect the timlier of the state, and especially the timber owned by the state, from destruction by fire," and for such purpose, in emergencies, may employ men and incur other expenses, when necessary; provided, that no fire warden shall incur any expense in excess of fifty dollars, without express authority of the state board of land commissioners. Sec. 17. County attorneys to prosecute— Failure, a mis- demeanor; penalty; vacation of oflicfe — Actions against county attorneys— Penalties apply to mag- istrates, wlien. — Whenever an arrest shall be made for any violation of the provisions of this act, or whenever any information of such violations shall be lodged with him, the county attorney of the county in which this [the] act was committed must prosecute the offender or offenders if in his judgment the facts warrant the same. If any county attorney shall fail to comply with the provisions of this section he shall be guilty of a misdemeanor, and upon conviction, shall be fined not less than one hundred dollars nor more than one thousand dollars,' and, upon his conviction, the district court wherein he is convicted shall forthwith declare his office vacant, and notify the proper appointing power thereof. Actions against the county attorney shall be brought by the attorney general in the name of the state. The penalties of this section shall also apply to any magistrate, with proper authority who refuses or neglects to cause the arrest and prosecution of any person or persons, wlten a complaint under oath of a violation of any of the provisions of this act has been lodged with him. ' For disposition ot fines, see sec. 104, on p. 3. ' See also sec. 10, on p. 2, for fire duties, in general, of the State forester. (2) RAILROAD FIRES. (This subdivision comprises the provisions of law, if any, defining the responsibility of railroad and logging com- panies, the precautions to be taken by them, and their liability for damages occasioned in the operation and main- tenance of their trains and rights of way; also provisions concerning the use of spark arresters and other safeguards on traction, thrashing, other portaljle and sawmill engines, and boilers.) Sec. 4310, Rev. Codes, Mont., 1907. Rights of way to be kept clear from dead grass, etc. — Liability for damages caused by fire — Prima facie evidence of negligence — Requirement applies only to rights of way. — It shall be the duty of all rail- road corporations or railroad companies operating any - railroad within this state to keep their railroad track, and either side thereof, for a distance of one hundred feet on each side of the track or roadbed, so far as it passes through any portion of this state, free from dead grass, weeds or any dangerous or combustible material; and any railroad company or corporation failing to keep its railroad track and each side thereof free as above specified, shall be liable for any damages which may occur from fire emanating from operating such railroad, and a neglect to comply with the provisions of this section in keeping free any railroad track, and either side for a distance equal to the space of ground covered by the grant of the right of way for the railroad corporation or company, shall l^e prima facie evidence of negligence on the part of any such railroad corporation or company. But no railroad corporation or company shall be required to keep free as above specified any land not a part of its right of way. [Sec. 952, Code 1895, Civil.] Sec. 4300. Fire-guards, ploughing and burning. — hat every railroad corporation operating its lines of road or any part thereof witliin this State, shall, between the fifteenth day of April and the first day of July in the year 1903 and each succeeding year thereafter, plough in a good and work- manlike manner, covering the sod well, upon each side of its line of road wherever it passes through a range or grazing country, a continuous strip of not less than six feet in width on each side of its track, as a fire-guard, which said strip shall as near as practicable run parallel with the line or lines of said railroad, and in addition to such ploughing, said railroad company shall cause to be burned between the fifteenth day of July and the fifteenth day of September of each year, all the grass and vegetation between the said ploughed strips and a Une of fifty (50) feet inside said ploughed strips; Provided that such fire guard so ploughed and biu-ned need not be constructed within tlie limits of any town, \dllage or city nor in private fields under cultivation nor along the line of such railroad whenever the same runs through the mountains or else- where where such ploughing or burning would be im- practicable; and provided further, that said fire guard or portion thereof, need not be ploughed or burned on or through any lands which may be released from the opera- STATE FORESTRY LAWS MONTANA. lion of this act by the Board of County Commissioners of the county wherein such land is situated by their written certificate of release filed in the office of the County Clerk of the said County; Provided further, that said ploughing be not less than three hundred (300) feet from the center of the railroad track on each side of same. Except in cases of cultivated fields and then such ploughing and burning shall be done closer to such railroad but not less than seventy feet from the center of the track. |Sec. 1, ch. G3, h. 1903. 1 Sec. 4361. Failure of railroad to plough or burn flre-guards: Comity commissioners to perform worlt Recovery of double costs — Liability of oomjiany for damages caused. -That if any railroad company fails to comply with any of the pro\dsions of Section 1 of this Act the Hoard of C'otinty Commissioners of the County wherein such violation occurs shall cause the neglected plougliing or burning or both therein pro\-ided for, to be done, and may in a suit to be brought in their name, as said board, in the District Court having jurisdiction, recover double the amount of the cost of such plougliing or burning or both with reasonable attorney fees to be fixed l)y the (Jourt, and such railroad company shall be liable further for all damages caused by its failure to comply vvitli this act. [Sec. 2. ch. 63, L. 1903.] (3) SLASH DISPOSAL. (This subdivision comprises the provisions of law. if any, for slash disposal after lumbering and other cutting operations. ) Sec. 53, Ch. 147, L. 1909, amended by Sec. 4. Ch. 11,S, L. 1911. Slash disposal on State lands: Brush and slasli- ings to lie piled and disposed of so as to prevent forest flres. — (For te.xt of provision, .sec this section on p. 6.) (4) FALLOW AND OTHER FIRES. (This subdivision comprises the provisions of law, if any. concernirg the burnirg of fallow, brush, etc., by farmers, and the general setting of fires to woods by hunters, fishermen, and others.) Sec. 8768, Rev. Codes, Mont., 1907. Penalties for carelessly setting lire to (inilier, woodland, or grass; or failing to estinguish camp Are, etc. — Every person who carelessly sets fire to any timber, woodland or grass, except for useful or nece.ssary |)urposes, or *ho at any time makes a camp-fire, or lights a fire tor any purposes whatever without taking sufficient steps to secure the same from spreading from the imme- diate locality where it is used, or fails to extinguish such lire before leaving it, is punishable by imprisonment in the county jail not exceeding one year, or by fine not exceeding two thousand dollars, or both. [Sec. 1071, Code 189,^j, Penal. I Sec. 8769. Penalties for wantonly selling Are to timber, woodland, or grass; or maliciously failing to extin- guish Are made for necessary purpose. Every person who wantonly or designedly sets fire to any timber, wood- land or grass, or maliciously fails to extinguish a fire after making the same for a necessary purpose, before lea\irg it, is punishable by imprisonment in the state prison not exceeding five years, or by fine not exceeding five thousand dollars, or Ixitli. [Sec. 1072, Code 189.5, Penal.] PART III. PUBLIC FORESTS. (This part comprises the provi.sions of law, if any, for the establishment and care of State and municipal forests and nurseries, and for the practice of forestry on these and on other lands owned liy the State.) (I) ST.ATE FORESTS. (For other provisions, if any, concerning State forests and nurseries, see Part 1. 1 Sec. 1, Ch. 78, L. 1911. Ceding to United States school lands within national forests — Selection of lieu timlier lands. — All sections of lands numbered sixteen and thirty-six in surveyed townships and all unsurveyed sections which, when surveyed will be sections sixteen and thirty-six, within the boundaries of the National Forests within this state shall be deemed and held ceded to the United States as soon as an act shall be passed by Congress and approved by the President ceding to the state of Montana an equiva- lent number of sections of land situated in forest reserves and principally valuable for the timber which is growing thereon, which lands shall be known as lieu timber lands, and which lieu timber lands shall be selected as other state lands are selected from the public domain. Sec. 2. Lieu timber lands to be selected in compact body, or bodies, for State forest— Location of selections. — In selecting the lieu timber lands the State Board of Land Commissioners shall select the same as nearly as practi- cable in one compact body, or, if that be not practicable, then in one or more compact bodies, to the end that the same may be managed and controlled as a state forest, and the selections may be made from land in any county or counties of the State. Sec. 1, Cn. 81, L. 19!.->. State Board of Land Commissioners empowered to relinquish to I'nited States unsurveyed school sections in national forests for equivalent lieu lands — Existing contracts validated. That the State Board of Land Commi.ssionors of the State of Montana, be and are hereby authorized and empowered to enter into contracts or agreements with the United States, or any department thereof, having jurisdiction, waiving and re- linquishing to the United States any and all rights of the State of Montana in and to Sections Sixteen (16) and STATE FOEESTEY LAWS MONTANA. .Thirty-six (36) of each township, when said Sections are situated within a Federal Forest Reserve, and are at the date of such contract or agreement unsurveyed . Provided, that the State of Montana shall in lieu of the rights so waived and relinquished, receive from United States other lands equal in acre or value, and all contracts or agreements heretofore entered into between the State Board of Land Commissioners of the State of Montana and the United States or any department thereof relative to the waiving by the State of Montana of its rights to Section Sixteen and Thirty-six in any township in said State and the selection of lieu lands therefor by said State either according to area or value be and the same are hereby ratified, confirmed and validated. Sec. 2. All Acts and parts of .\cts in conflict herewith are hereby repealed . Sec. 53, Ch. 147, L. 1909, .-vmended by Sec. 4, Ch. 118, L. 1911. Sale of timber on State lands: State Board of Land Commissloner.s empowered to make sale — Regulation of cut, and other requirements. — (For text of these provisions, see this section, on this page.) Sec. 54, Ch. 147. L. 1909, .\mended by Sec. 5, Ch. 118) L. 1911. Sale of timber on State lands: Purchaser'.s bond conditioned upon cutting in compliance with regu- lations Ijy State Board of Land Commissioners.— (For text of these provisions, see this section, on this page. Sec. 55, Ch. 147, L. 1909, amended by Sec 6, Ch. 118, L. 1911. Permits to show large timber left. — (For text of this provision, see this section, on this page.) (2) OTHER STATE LANDS. (Laws wHch provide merely for the protection of State lands other than State forests from fire and from timber and other forms of trespass, and for the sale of timber and other forest products tlierefrom, are not included because their intent is not one of forestry.) Sec. 53, Ch. 147, L. 1909, amended by Sec 4, Ch. 118, L. 1911. Sale of timber on State lands: State Board of Land Commissioners empowered to make sale — Regulation of cut— Removal of timber subject to rules for preservation of young timber and preven- tion of fire — Slasli disposal requirements What esti- mates and appraisals must show in re measurements l)oth above and below 8 inches in diameter; location of timber relative to fire risks and transportation facilities; and value for watershed protection.— The State Board of Land Commissioners shall have power to sell timber on state lands at such price per thousand feet as in its judgment shall be for the best interest of the state, but not otherwise; but no such sale of live timber shall be made at a less price than tlu-ee dollars per thousand feet. But no live timber le.ss [than] eight inches in diameter, twenty feet from the ground, shall be sold or permitted to be cut. All timber sold or cut from state lands shall be cut and removed, under such rules and regulations for the preservation of standing timber, and the prevention of fires, as the State Board of Land Commissioners shall prescribe; in all cases the board must require the person cutting the timber to pile the brush and slashings and dispose of the same in such manner as to prevent forest fires. Before any permit shall be granted, the timber shall be estimated and appraised under the direction of the state forester, upon the request, and subject to the approval of the State Board of Land Commissioners, which estimates and appraisal shall show as nearly as may be the amount and value per thousand feet of all timber measuring not less than eight inches in diameter, twenty feet from the ground, and also all other timlier measuring below this standard on each tract or lot, together with a statement of the situation of the timber relative to risk from fires or damage of any kind, its distance from the nearest lake, stream, or railroad, and its value and posi- tion as a protection to a water shed. Sec 54, Ch. 147, L. 1909, amended by Sec. 5, Ch. 118, L. 1911. Sale of timber on .State lands: Purcliaser's bond conditioned upon cutting in compliance with regu- lations by State Board of Land Commissioners. — * * * no timber shall be sold after the passage of this act until the same has been re-appraised and estimated since March 19, 1909. Every person purchasing timber at such sale, before the execution of the permit to cut the same, shall execute a bond to the State of Montana, * * * and further conditioned upon the cutting of such timber in compliance with such rules and regulations as may be prescribed by the State Board of Land Com- missioners. Sec .W, Ch. 147. L. 1909, amended by Sec fi, Ch. 118, L, 1911. Permits to show large timber left. — -Ml permits to cut live timber under the provisions of this Act, shall be made according to a form prescribed by the Attorney General, and shall be signed by the party apjilyirg for the same and by the president and secretary of the State Board of Land Commissioners. Said permits shall contain * * * the amount of large timber required to be left standing * * *. (3) MUNICIPAL FORESTS. PART IV.— TAXATION. (This part comprises the jjrovisions of law, if any, cov- ering the classification and taxation of forested lands and land's to be forested, the purpose of which is to encourage the practice of forestry by. private owners; also such bounty and exemption laws as have a like purpose. For similar taxation provisions, if any, coucernii g State or municipal forests, or other State lands, see Part IIL) t.N'.ME.NT I'RI.S'TI.\G OFFICE : 191C Date of issue, January 29, 1916. UNITED STATES DEPARTMENT OF AGRICULTURE FOREST SERVICE Henry S. Graves, Forester STATE FORESTRY LAWS A parallel classification showing the comparative progress of each State in forestry legislation ILLINOIS (Serial 1— Through Reg. Sess., 1915) Compiled in the Office of Stute Cooperatiou by Jeannie S. Peyton PURPOSE OF COMPILATION Information about the forestry laws of the various States, especially about those laws dealing with certain specific problems, is being demanded more and more; and requests for such information, coming from legislators. State administrative officers, forestry associations, forest schools, and other bodies and individuals, have led to the compilation, informally, of such State laws as bear more or less directly on the practice of forestry. The purpose of the compilation, of which this serial is a part, is to make easy a comparative study of the laws of the different States and to further the development of practical forestry legislation. By the classification of the laws and parts of laws under the headings, ' ' Adminis- tration," "Fires," "Public Foi'ests," and "Taxation," the comparison is simplified, and the pi-ogress of each State, or lack of it, in these particulars is clearly shown. The better to accomplish this educational aim, the great mass of timber and tree laws and those finer points of reference proper oidy to a legal or administrative manual have been omitted. (lutie.s of the Stale orijanizatioti charged with the ]ire- vention. detection, control, and extinguishment of forest fires. For specific provisions, if any, concerning similar duties in connection with railroad fires, slash disposal, and fallow and other fires, see siibdiralons (2), (3), and (4), respectively.) (2) RAILROAD FIRES. (This subdivii^ion comprises the pro\isions of law. if any. delinins; the responsibility of railroad and logging companies, the precautions to be taicen by them, and their liability for damages occasioned in the operation and maintenance of their trains and rights of way; also provisions concerning the use of spark arresters and other safeguards on traction, thrashing, other portable and saw- mill engines, and boilers.) Sec. 63, Ch. 114, Rev. St.a.t., 1913 (Hurd). Clearing rights of way — Penalties. — It shall be the duty of all railroad corporations to keep their rights of way clear from all dead grass, dry weeds, or other dan- PART I.~ADMINISTRAT10N. (This part comprises the provision.s ijf law. if any, defining the general administrative duties of the regularly constituted State forestry olTicials; also certain miscel- laneous forestry provisions. For specific provisions, if any, concerning administrative duties of these or other Stale officers in connection with forest fiies. State and municipal forests and nurseries or other State lands, or forest ta.xation, see I'arts II, III. and IV. respectively.) PART II.— FIRES. (This part comprises the general provisions of law, if any. concerning protection from forest fires. For locali7,ed pro\isions, if any. concerning protection of State-owned lands, see Part lii.) (1) PROTECTIVE SYSTEM. (This sulidivision comprises the pro\ isions of law. if any. defining the personnel and the administrati\e 18649—16 STATE FORESTRY LAWS ILLINOIS. ^^;5 gerous combustible material, and for neglett shall be liable to the penalties named in section 1.' Sec. 103, Ch. 114. Civil action for injuries caused by fires from loco- motives: Prima facie evidence of negligence — Extent of owner's responsibility — Act not retroactive. — Be it enacted by the people of the State of Illinois, represented in the general assembly, That in all actions against any per- son or incorporated company for the recovery of damages on account of any injury to any property, whether real or personal, occasioned by fire communicated by any loco- motive engine while upon or passing along any railroad in this State, the fact that such fire was so cominimicated shall be taken as full prima facie evidence to charge with negligence the corporation, or person or persons who shall, at the time of such injury by fire, be in the use and occu- pation of such railroad, either as owners, lessees or mort- gagees, and also those who shall at such time have the care and management of such engine; and it shall not, in any case, be considered as negligence on the part of the owner or occupant of the property injiired, that he has used the same in the manner, or permitted the same to be used or remain in the condition it would have been used or re- mained had no railroad passed through or near the property so injured, except in eases of injury to personal property which shall be at the time upon the projjerty occupied by such railroad. This act shall not apply to injuries already committed. [1.. 1869, p. 312, sec. 1.] (3) SLASH DISPOSAL. (This sul)division comprises the provisions of law, if any, for slash disposal after lumbering and other cutting opera- tions.) (4) FALLOW AND OTHER FIRES. (This subdivision comprise.- the )iro visions of law, if any, concerning the burning of fallow, brush, etc., by farmers, and the general setting of fires to woods by hunters, fisher- men, and others.) Sec. is, Ch. 3S, Rev. Stat., li)13 (Hurd). Burning woods, prairies, etc.: Fine^Notice to neighbors— Civil action. — If any jierson shall, at any time hereafter, wilfully and intentionally or negligently and carelessly set on fire, or cause to bo sot on fire any woods, prairies or other grounds whatsoever, he shall be fined not less than %o nor more than ?!00: Provided, this section shall not extend to any pei'son who shall set on fire or cause to be set on fire any woods or praii'ies adjoining his own farm, plantation or inclosure, for the necessary preservation thereof from accident by fire, between the last day of November and the first day of March, by giving to his neighbors atid the owner or occupant of such land, and any person likely to be affected thereby, two days' notice of such intention [sic]: Provided, also, this section 1 The penalty clause in section 1, in addition to damages, provides that railroads 'shall be lialilo for reasonable attorney's fees in both trial and appellate courts when damage is negligently or willtully r^p"" shall not be construed to take away any civil remedy which any person may be entitled to for any injury which may be done or received in consequence of any such firing. PART III. PUBLIC FORESTS. (This part comprises the provisions of law, if any, for the establishment and care of State and municipal forests and nurseries, and for the practice of forestry on these and on other lands owned by the State.) (1) STATE FORESTS. (For other provisions, if any, concerning State foi-ests and nurseries, see Part I.) (2) OTHER STATE LANDS. (Laws which provide merely for the protection of State lands other than State forests from fire and from timber and other forms of trespa.ss, and for the sale of timber and other forest products therefrom, are not included, because their intent is not one of forestiy.) (3) municipal forests. Sec. 1, Ch. .57a, Rev. Stat., 1913 (Hurd). Forest preserve districts, incorporation of. — Be it enacted by the people nf the State of Illinois, represented in the general assembly. That whenever any area of contiguous territory lying wholly within one county contains one or more natural forests or parts thereof and one or more cities, towns, or villages, such territory may be incorporated as a forest preserve district in the following manner, to wit: Petition for organization — Notice of hearing — Hearing — Order defining boundaries — Joint hear- ings. — Xny live hundred legal voters residing within the limits of such proposed district may petition a circuit judge of the county in which such proposed district lies to cause the question to be submitted to the legal voters nf such proposed district, whether or not it shall be organized as a forest preserve district under this act; such petition shall be addressed to the circuit judge or judges of the (•ounty in which such proposed forest preserve district is situated and shall contain a definite description of the territory intended to be embraced in such district and the name of such district. Upon the filing of such petition in the office of the clerk of the circuit court of the count}' in which such territory is situated, it shall be the duty of such circuit judge to whom such petition is assigned to fix a day and hour for the public consideration thereof, which shall not be less than fifteen days after the filing of such petition. Such circuit judge shall cause a notice of the time and place of such public consideration to be pub- lished three successive days in some newspaper having a general circulation in the territory proposed to be placed in such district. The date of the last publication of such notice shall not be less than five days prior to the time set for such public hearing. At the time and place fixed for such public hearing said circuit judge shall sit and hear any person owing [owning] property in such proposed district A^ho desires to be heard, and if said circuit judge , s)i^ll liud ,<, b iV ■V^i'il.jli'^ provisions of this act have been LIBRARY OF CONGRESS HECEIVED STATE FORESTRY LAWS- — ILLINOIS. complied with, he shall cause to be entered upon the rec- ords of the circuit court of such county an order fixing and defining the boundaries and the name of such proposed district in accordance with the prayer of the petition. In the event that any other petition or petitions for the organi- zation of a forest preserve district or districts in the same county shall be filed under this act before the time fixed for the public hearing of the first petition, said circuit judge shall postpone the public consideration of the first petition so that the hearing of all said petitions shall be set for the same day and hour. In any county where there are two or more judges sitting at the time of filing such first petitions the clerk of said circuit court shall cause all peti- tions, filed subsequent to said first petition to be assigned to the judge to whom said first petition is as.sigued, so that all such petitions may be heard by the same judge. Consolidation of petitions — Name of district. — Should two or more petitions be filed \inder this act and come on for hearing at the same time and it shall be found by said circuit judge that any of the territory embraced in any one of said petitions is included in or contiguous with the territory embraced in any other petition or petitions, said circuit judge may include all of the territory described in such petitions in one district and shall fix the name pro- posed in the petition first filed as the name for said district. After the entry of the order fixing and defining the bounda- ries and the name of such proposed district, it shall be the duty of said circuit judge to order to be submitted to the legal voters of such proposed district at any special or gen- eral election held therein, the question of the organization of such proposed district and he shall give notice thereof by causing ten notices of such election to be posted in pub- lic places within such proposed district, and one notice thereof to b'e published at least five days prior to the date of such submission in some newspaper having a general cii'culation in the proposed district. Said notices shall contain a definite description of the territory intended to be embraced in such district, and the name of such dis- trict. [L. 1913, p. 38.5, sec. 1.] Sec. 2. Form of l)all<>t — Canvass of returns.— The ballots to be u.ied at such election shall be substantially in the fol- lowing form : "Shall there be organized a forest pre- serve district in accordance with the or- der of the judge of the circuit court of county, under the date of the day of , 191.., to be known as (insert here the name of the proposed district as entered in the order of the judge of the circuit court) and described as follows: (Insert description of proposed district as en- tered in the order of the judge of the cir- cuit court)." [?] No. The returns of such election in each of the proposed dis- tricts shall be made to the clerk of the circuit court of such county and shall be canvassed by him and he shall cause a statement of the result of such election in each district to be entered upon the records of the cu'cuit court of such county, and if a majority of the votes cast in any district upon such question is found to be in favor of the organiza- tion of such forest preserve district, such forest preserve district .shall thenceforth be deemed an organized forest preserve district under this act. |L. 1913, j). 38r), sec. 2.) Sec. 3. Judicial notice of districts — Management by board of commissioners -Board, members of: Appoint- ment — Qualifications -Terms of office— Oath. — All coiU"ts shall take judicial notice of all forest preserve dis- tricts organized under this act. The affairs of such dis- trict shall be managed by a board of commissioners con- sisting of a president and four commissioners, all of whom shall be appointed by the president of the board of county comrai.s.sioners or the chairman of the board of supervisors of the coimty in which such forest preserve district is situated, by and with the advice and consent of the members of such board. The first appointment shall be made within ninety days and not sooner than sixty days after such forest preserve district has been organized as provided herein. Each member of such board shall be a legal voter in such district. At the time of the making of the first appointments, the president shall be appointed for a term of four years, two members for a term of two years each, and two members for a tcnn of foiu- years each and until their successors are appointed and qualified; and at the expiration of the term of the president or any member, his successor shall in like manner be appointed for a term of four years and until his successor is appainted and qualified: Provided, that no more than three members of such board shall be of the same political party. Each member of the board before entering upon the duties of his office shall take the oath prescribed by the constitution. Districts to constitute bodies corporate and politic — Risrlits and powers — Seal— When corporate authorities of counties, villages, or towns, etc., to exercise powers of commissioners — No additional compensation. — From the time of the a])pointment of the first board of commissioners, such forest preserve dis- trict shall be construed in law and equity a body coipo- ratc and politic by the name and style determined as aforesaid and by such name may sue and be sued, contract and be contracted with, acquire and hold real and per- sonal estate necessary for its corporate purposes and adopt a seal and alter the same at its pleasure. In case the boundaries of any such district are co-extensive with the boundaries of any county, city, village, incorporated town, or sanitary district, the corporate authorities of such county, city, village, incorporated town, or sanitary dis- trict shall have and exercise the powers and privileges and perform the duties and functions of the commissioners 4 STATE FOKESTBY LAWS ILLINOIS. provided for herein and in such case no commissioner shall be appointed for such district. Such corporate authorities shall act without any other pay than that already provided by the law. [L. 1913, p. 385, sec. 3.] Sec. 4. Vacancy in office of president or commissioner of district caused by ceasing to be a legal voter therein — Successor, appointment of. — Whenever any person holding the office of president or commissioner of any such district shall, from any cause, cease to be a legal voter within such district, his office shall thereupon become vacant, and a successor shall be appointed for the re- mainder of his term as other members of the board of commissioners are appointed. [L. 1913, p. 385, sec. 4.] Sec. 5. Power to create forest preserves — Nature of lands to be acquired — Purposes of preserves.— Any forest preserve district organized under this act shall have the power to create forest preserves, and for that purpose .shall have power to acquire, in the manner hereinafter pro- vided, and hold lands containing one or more natural for- ests or parts thereof, for the purpose of protecting and pre- serving the flora and fauna and scenic beauties within such district, and to protect and preserve such lands as nearly as may be in their natural condition for the purpose of the education, pleasure, and recreation of the public. [L. 1913, p. 385, sec. 5.] Sec. 6. Acquisition of lands for forest preserves — Paths, roadways, etc., through. — The board of commissioners of every such forest preserve district shall have the power to acquire, by gift, grant, devise, or purchase, or by con- demnation, any and all grounds and lands within such district containing one or more natural forests, or parts thereof, for the purpose of creating, laying out, and main- taining such forest preserves as it may deem proper or desirable. Such board of commissioners shall have the power to establish, lay out, improve, and maintain such convenient and appropriate paths, driveways, and road- ways in and through such forest preserves as they shall deem desirable or necessary for the use of such forest preserves by the public. Title under condemnation proceedings— Sales of lands acquired— Approval of sales. — In all cases where any such foreot preserve district acquires any land by condemnation, the title thereto shall be in fee simple abso- lute, and such title shall not terminate or be defeated by cessation or abandonment of the use for which it was acquired. The board of commissioners of any such forest preserve district may, by ordinance passed by the affirma- tive vote of all of the members of such board, sell and dis- pose of any lands acquired by such board: PTOvided fur- ther, however, That no such sale or disposal shall be effec- tive until it is approved by the board of county commis- sioners or board of supervisors of the county in which such district is located. [L. 1913, p. 385, sec. 6.] Sec. 7. Speed and traffic regulations within forest pre- serves — Penalties. — The board of commLssioners of any forest preserve district organized hereunder may by ordi- nance regulate and control the speed of travel on all paths, driveways, and roadways within forest preserves, and prohibit the use of such paths, driveways, and roadways for racing or speeding purposes, and may exclude there- from traffic, teams, and vehicle.-^, and may by ordinance prescribe such fines and penalties for the violation of their ordinances as cities and villages are allowed to pre- scribe for the violation of their ordinances. [L. 1913, p. 385, sec. 7 .] Sec. 8. Board of commissioners to constitute corporate authority of each forest preserve district — Em- powered to pass ordinances, etc., and appoint secre- tary, treasurer, and other officers and employees — Appointments under civil service, except treasurer and attorneys. — The board of commissioners appointed in pursuance of the provisions of this act shall be the corpo- rate authority of such forest preserve district and shall have power to pass and enforce all necessary ordinances, rules, and regulations for the management of the property and conduct of the business of such district. Such board shall ha\ e power to appoint a secretary and treasurer and such other officers and such employes as may be necessary, all of whom, except the treasurer and attorneys, shall be under civil-service rules and regulations, as provided for by sec- tion 9 of this act. Salaries. — The president shall receive a salary not to exceed the sum of twenty-five hundred dollars per annum and the salary of other members of the boarul)lic forests. Part 1.— .\dratnistration 1 State forests Board of Control ofthe Ohio Agricultural Experiment Station. 2 ! Part IV. — Ta.\ation Part II. — Fire protection 2 j Table of acts Kindling fires in the open 2 i Hailroads 2 PURPOSE OF COMPILATION. Information about tlie fotestiy laws of the various States, especially about those laws il.'aline fined not more than one hundred dollars, or im- prisoned not more than twenty days, or both. [Sec. 12436, Gen. Code of Ohio, 1910.] ' The board of control consists ot five members, appointed by the governor, with (he advice and consent of the senate, all of whom are required to be practical farmers. (Sec. 1]71. Gen. Code of Ohio, 1910, in L. 1915, p. 122, sec. 2.) The board appoints a director, who with its approval ap- points the personnel of the station, including the chief of the department ot forestry. (Sec. 1171-4. Gen. Code of Ohio, 1910, in L. 1915, p. 123, sec. 6.) RAILROADS. 2. Provide spark arresters, and keep them in good repair. Ill 1.1 Kxc-c]!! in llic iikpiiIIis of ] (iTcmlier, .lanuary, and February, any comi^iny or person opei-ating a railroad or a part of one, shall place on every loco- motive engine used tlierefor, or in construction or repairing tlie road, such device or contrivance as most effectually will guard against the escape of fire or sparks that otherwise would be thrown out by such engines, and keep the device in good repair. [Sec. 8966, Gen. Code of Ohio, 1910.] [H 2.] Penalty. — A railroad company, corporation, 01 person violating llu' provisions of the next preced- ing section, upon conviction thereof in a court of com- petent .iuri.sdiction, sliall forfeit and jiay for each vio- lation any sum not exceeding one lunidred dollars. ln,iunction proceedings. — In .idditlon (hereto tlie > See Table of Acts, p. 4. 2 Any county may at its own expense equip and maintain such an experiment farm, the actual management of which devolves upon the board of control of the agricultural ex- periment station. (Sec 1176 et seq.. Gen. Code of Ohio. 1.^10, in L. 1915, pp. 124, 125.) STATE FOKESTRY LAWS — OHIO. I'AKT 11— CoiiUI.l (•(iiii't (if ciiiuiiioii i)K'ns, in a county tlirougli which such railroads are constructed and operated, may enjoin sncb companies, coriioratious or persons from usini; on such railroads, a loconioli\o not provided with the devicivi'i- of sncb com|i;iny. o]ierating a rail- load or a pari of one. shall be liable for all loss or damage by fires originating upon the land belonging to it caused by operating such road. Originating; upon adjacent lands. — Such company, or receiver of such conqiany. further shall be liable for all loss or damage by fires originating on lands adjacent to its land, cau.sed in whole or part by siiarks from an en- gine jiassing over such railroad, [No exemption from liability through care in equipping and operating engines. — ] ;ind the exercise by such com- Iiany, or receiver of such company, of due care in equipping and ojjerating such engine shall not exempt such conqiany, or receiver of such company, from such liability, which may be recovered before any court of competent jurisdiction within the county in which the lands on which such loss or damage occurs are situ- ated. [Sec. 8970. Gen. Code of Ohio. 1910: in L. 1911. I>Ii. 108. 109. sec. 1.] 6. [Hi.] Fire, prima facie evidence of liability. — The existence of fire.t upon the railroad company's lands is prima facie evidence that they are caused by operating such railroad. Proviso. — Provided thai nothing herein shall invalidate or iirohibit contracts of such company or receiver now existing or here- after made, by which such company or receiver is in- demnified against such loss or damage by fire, or lia- bility therefor released. [Sec. 8970, Gen. Code of Ohio, 1910; in L. 1911, pp. 108, 109, sec. 1.] |*j 2.1 No exemption from liability on plea of neglect on part of owner. — In no case sliall it be considered as negligence on the part of the owner or occupant of property so injured by fire, that he used it, or permitted it to he used and remain as if no rail- ro.ul passed through or near such property. Excep- tion. — Itut this rule shall not .-ipply i" cases of injury by fire to personalty wlildi .-it I be dm.' was on the property occupied by ^ucli ro.id. | Sec. S'.IT'J, Gen. Code of Ohio, 1910.1 PART III.— PUBLIC FORESTS. I'l'liis p;irl comprises Ihe ]irovlsions of law. if any, for the estabiislinu'nt and care of Slate and numicipal forests, and for the practice of forestry on these and (11 other lands owned by the State.) STATE FORESTS. 1. State board of control. II. Purchases lands for State forests — Cost lim- ited. — The board of control of the agricultural exjieri- iiietit Station may buy forested lands or other lands in the State suitable for the growth of forest trees, at a price not exceeding ten dollars per acre, to the atuount of the aiipropriation for that purpose. All lauds so purchased shall be deeded to the State and shall be kuowu as .State forests, but the purchase in-ice of such lands shall not be paid until the title thereof has been appnjved by the attorney general. [Sec. 1177-lOa. (Jen. Code of Ohio. 1910. in I.. r.ll."p. p. 540, sec. 1.] 6. Has charge of lands. — [The board shall] have entire custody of such forest lauds, and enqiloy such local assistance as it may deem necessary. c. Promotes reforestation. — The board may plani such trees as it may deem exiiedient, and lake such measures as it may deem necessary to bring about a pi-ofitable growth of timber on sucli lands. (/. Protects the lands. — The board may fence sncb lands with substantial wire fencing, protect them from forest fires and trespassers, preserve the timber thereon. * * *. [Sec. 1177-1 Ob. Gen. Code of Ohio. 1910. in L. 191.5. p. .540, .see. 2.1 e. Sells timber therefrom, and portions of the lands. — The board of control may sell wood and tim- ber from the State forests whenever they may deem STATE FORESTRY LAWS- — OHIO. I'AUT 111— Coutd.J such salf (lesir.ibU", iiiul with the appi'oval of the iittorney general may sell portions of the State forest lands when such lanils shall command a greater price than cost and interest thereon, and may execute a deed thereof for and in behalf of the State. (Sec. 1177-lOc, (icn. ("ode of Ohio, litK). in L. 1!»1.5, ii. .>10. sec. 3.] 2. Disposition of moneys derived from sales of lands or timber. All iiiouios received from the sale of forest lands or from the sale of woo, p. r.40. sec. :j.] PART IV.— TAXATION. (This part comprises the provisions of law, if any. covering the classification and taxation of forested lands and lands to lie forested, the purpose of whicli is to encourage the practice of forestry by private owners: aJso such bounty and exemption laws as have a like pui'pose. Kor similar taxation iirovisions, if any, concerning State or municilial forests, or other Stale land.s, .see Tart III.) TABLE OF ACTS. statutory references. Equivalent references ' in this CO mpil ation (Serial 1). Statutory references. Equivalent references > in this compilation (Serial 1). Oen. Code of 0., 1910, sec. 8966 II, 2(1(1). 11, 2 (112). II, 3a. II, 36. 11,46(112). 11,1. II, 4a, 6(111). 1, 1 (footnote). 1, 1 (footnote). (In Sess. Laws volume 1915,2 1175 1176 «s«g... U77-6 1177-10 U77-10a.... 1177-lOb.... 1177-10O.... 1177-11 I 3o. 8967 1, 3a (footnote). I 36. 8968 8969 1, 1. 8972 Ill, 10. 12436. . Ill 16, c,l in tdwns liavinjc a consolidated town and city govern- ment as hereinafter provided, sliall fix the compen- sation, not exceedin;? twenty cents per Iiour, to l)e paid to lal)orers at fofest fires, employeci hy I lie fire wardens or tlieir , ch. 238, sec. 5; * * *; L. 1913, ch. 7.) 43. Make initial payment of expenses in- curred by fire wardens. (For text, see II, 24.) KINDLING FIRES IN THE OPEN. 44. During the entire year. provisions of |sec. 5] chapter 238 of the public acts of 190."), and amendments thereof,' and, upon approval of such bill liy the State forest fire warden and upon presentation thereof to the chief engineer of the railroad company liable for such expenses under the iirovisions of section one of this act. such expenses shall be paid by said railroad company. [L, 1911. ch. 114. sec. 2.1 . 52. Have an insurable interest in property for which held responsible in damages. Kvery such company- shall have an insurable inter- est ill the proiicrly for wliicb it ia:iy be so held re- siiniisibl' ill damages and may )irocnre insurance rbereoii ill its own behalf. |L. LSSl : * * * ; (Jen. Stat., 1902. .sec. 3779.] E^(PLOYEE.S. 53. Fire duties. II. Section foremen required 1o extinguish Hres, and assist Are wardens. — It shall be the duty of every section foreman employed by a railroad company, upon the discovery of any fire, in the section under his juris- diction, for which .said company is liable under the provisions of section one of this act,' to summon nec- es.sary assistance, procee construeil to meiui and iutlude only tlie main hisli- \\a.vs leading from one town to another, fl.. 1905. di. 277, sec. 1; I.. 1011, ch. 2. J 55. On lands bordering on highway. m 1.] First selectman or Are warden order.s re- iiioval of brush or tree growth lying adjacent to roadvva.y. — Tlie lii-st selectman or tire warden of any Icwn. wherein any ( ut brush or tree growth is per- niilted to remain within fifteen feet of the traveled portion of any highway, may order the owner of the h'.nd ad.)acent to such highway -where such cut brush or tree growth is lying, if cut by him or by his author- ity, or other per.son who cut the same, or caused the same to be cut. as tbo case may be. to remove or burn such lirusli" or tree gnnvtli. Service of notice.^Such order shall be in writing tind shall designate a time not less than thirty nor more than .sixty days from the serving of such order for removal or btirning thereof. Such order shall be left with or at the usual place of abode of the owner of such hind or the person who cut .sucli brush or tree growth, or caused the same to be cut, if a resident of .said town, or if a nonresident said order shall be sent to such person by registered mail, post paid. [L. 191.5, ch. 260, sec. 1.] [H 2.] Penalty. — Ai.y person who shall fail to com- ply with any order issued by authority of this act shall be fined not more than twenty-live dollars, or imprisoned not more than thirty days, or both. [L. 1915, ch. 260. sec. 2.] PART III.— PUBLIC FORESTS. (This part comiirises the iirovisious of law, if any, for the establi:?liment and care of State and municipal forests and for tlie practice of forestry on these and ol^ other lands owned by the State.) STATE FORESTS. 1. State forester. n. [U 1. 1 Aciiuires lands for State forests, and ex- changes or sells such land. — The State forester may buy land in the Stale suitable for the growth of oak. pine or chestnut lumber, [Price. — ] at a price not ex- ceeding eight dollars per acre, to the amount of the appropriation for that purpose, which land shall be deeded to the State and shall be called a State forest. * * * m 2.] [He may] exchange the laud so bought with the adjoining jiroprietors. and for and in behalf of the State execute deeds for such purpose ; * * *, jH 3.] and, with the approval of the governor and attorney general may sell portions o fthe same, wlien they shall command a greater price than cost and in- terest thereon, and may execute a deed tliereof for and in behalf of the State. h. [11 1.] Protects the land, as custodian, and pi-e- scrves the g-ame, fish, and timber. — He shall be the custodian of such lands and * * *. [112.] [He may] fence said lands with substantial wire fencing, not barbed ; protect said lands from forest fires and tres- jiassers; jireserve the game, fish .•ind timber thereon. .•Hid * * *. [L. 1901, ch. 175; Cen. Stat. 1902, sec. ■U49: * * *; T.. 1911, ch. 11.5.] c. [H l.j Reforests the lauds. — He may plant such iand with seed or seedlings of .sueli trees as he may deem expedient, * * *. [L. 1901, ch. 175; Gen. Stat. 1902. sec. 4440; * * * ; L. 1911, eh. 115.] [1i 2.] Malce.s thinning's, etc. — The State forester is iiuthorized to make thinnings in the woodland of the State forefst and to talce such other measures as lie may deem necessary to bring about a profitable growth of the timlier thereon. [I^- 1903, ch. 132, sec. 1.] (1. [H 1.] Sells wood and timber from State for- ests. — The State forester is authorized to sell wood and timber from the State forest whenever he shall deem such sale desirable. * * *, [H 2.] Renders accounting of timber sales and use of proceeds to State board of control. — * * * he shall render an account of the same to tlu> State board of control. [L. 1903, ch. 132, sec. 2.] e. Employs assistants. — [The States forester] may employ such local assistants as may be nece.ssary. /. Pays town taxes on the lands. — [The State for- ester] shall pay from the sum biennially appropriated the town taxes upon .said land when assessed at the same rate as similar adjoining lands, * * *. [L. 1901, ch. 175: Gen. Stat., 1002, .sec. 44-19: * * *; L. 1911, ch. 11.5.] 2. Appropriations and revenues. H. Appropriation for purchase of State forests. — The stun of five thousand dollars is hereby appro- priated to be paid out of any money in the treasury not otherwise appropriated, as a special fund for the purchase of State forests as authorized by section 4449' of the general statutes, said sum to l)e available until expended by the State forester in aecoi'dance with the provisions of section 44.50 of the general statutes.' [Sp. U 1909. vol. 15. p. 1048, see. 2.] /). Proceeds from timber sales for mainteuance of State forests." — * tlie proceeds of wliich sales" shall be used by him [State forester [ for the mainte- nance and care of the forest as specified in this act ' and in sectiim 4449 of the general .statutes as hereby amended,' and * * *. [L. 1903. ch. 132, sec. 2.] 1 See Table of Acta on p. 12. -Additional maintenance and imin-ovemcnt funds are pro- vided in biennial appropriations. »See III, Irf, H 1. STATE FORESTRY LAWS CONNECTICUT. PART IV.— TAXATION. (Tliis part comprises tlie provisions of law, if any, covciltii; the classification and taxation of forested lands and lands to be forested, the purpose of which is to encourage the practice of forestry by private owners: also such bounty and exemption laws as have a like purpose. For similar taxation provisions, if any, concerning Stafe or unniicipal forests, or other State lands, see Part III.) CI.ASSIKIC.\TU)N OF FORE.ST ..\N1). 1. Acreage and value limitations. I' l.| Woodland and land suitable for forest plant- ing not less than live acres in area and not exceeding In value twenty-five dollars per acre ex(;lusive of liniher growing tliereon. may, upon application of the ownei', be given si)ecial classification as forest land lor purposes of taxation. jH 2.] * * * Wlien the value of the land alone exceeds twenty-five dollars per acre it shall not be classified as forest land uniU^r this art. |I,. 1913. eh. 58. sec. 1.] 2. Two general types of classified lands recognized. (I. Land full) stocked with forest trees not more than 10 years old, etc. — Land fully stocked with fcu-est trees not more than ten years old, except scat- tered older trees the value of which for timber does not increase the asse.ssed value of the property, land incompletely or partially stocked with forest trees not more than ten years old, when planted with a suffi- cient number of additional trees to assure a spacin;, of approximately six by six feet over the entire area, and open land planted wilh forest trees not less than twelve hundred to the aire, provided in each case the u-ees planted are any of the following: A.sh, ehest- u\il. maple, oak, tulip, white pine, red pine, Scotch |iine. European larch, Norway spruce, or any other kinds api)roved by the State forester; and provided the State forester api)roves the maimer in which the trees are planted, may be classified as fore.st land as specified in section one' and * * *_ [i^_ 1913, eh. r,S. sec. .3.] h. Land bearing timber of more than 10 years' growth. — I>and hearing timber of more than 10 years' growth, said timber having a taxable value, may be cljissified as forest land as specified in .section one,' and * * *. \h. 1913. cli. 58, sec. 2.] .3. Valuation of land and timber. (I. Deteriniiicd by assessors. — The assessors of any town wlierein woodland or land suitable for forest |)lantin,g is situated and wliicli the owner thereof seeks III have classified midi'r the provisions of section one ' Sco Talilc iif Arts on p. 12. of chapter 58 of the public acts of 1913 ' shall examine such land and give the owner thereof a sworn state- ment giving separately the value of the laud and the value of the timber thereon. If such owner shall file written apiilication with the assessors on or before September thirtieth in any year, such statement shall be furnished him on or before the first day of Novem- ber following. Such laud shall be placed in the list for such year at the value so placed upon it by the assessors, provided cla.ssification in accordance wilh the provisions of .said act shall be granted by the State forester prior to the completion and filing of such list by the assessors. | r>. 191.">, rh. 91). sec. 1.1 b. Redetermined by special board, on appeal. — If the owner of such land shall claim that the valua- tion thereof appearing in such sworn statement is in excess of the average v.alue of twenty-five dollars per acre, he may ap])eal to the superhn- court for the county within which such land is situated in the man- ner la-ovided for aiipeals from boards of relief. | L. 191.">, ch. 90, sec. L>.1 4. Application for classification. Application for siich classification shall be made to the State forester, accompanied by such description of the land as the State forester may require, and by a sworn statement from the assessors of the town giving the true value of the land alone, and the trtie value of any tiiidier thereon.' [1,. 1913, ch. 5S. sec. 1.) o. Completion of classification. State forester examines lands — Issues certifi- cate. — When such ap|)lication has been mjule the State forester .shall examine the land, and if he finds the retjuirements hereinafter specified have been ful- filled, he shall issue a quadruplicate certificate of classification, the original to be filed in the State forester's ofiice, one copy in the ttix comnnssioner's office, one copy in tlie town clerk's, office of the town in which the land is located, and one copy with the owner. [L. 1913, ch. .58, sec. 1.1 6. Classification continued. \\lien any tract has been classified as forest land for purixises of taxation under this act, the classifica- tion shall he contiiuied as long as proper forest con- ditions are maintained thereon, except as herein pro- vided. |L. J913. ch. 58, sec. 5.1 7. Reclassification optional. Whenever a timber crop is removed either iti one or several cuttings and the land reforested, either 1 See Table of Acts on p. 12. = Scc IV, .So. 10 STATE FOEESTEY LAWS CONNECTICUT. PART IV— Contd.] naturally or by planting, said land may be reclassi- fied under section three ^ upon application by the owner, or the existing classification may be continued and tax collected on the established valuation as provided herein for the balance of the uncompleted valuation period. If the existing classification is continued, a revaluation shall be made at the end of said uncompleted period, and taxes thereafter as- sessed as provided lierein. [L. 1013, cli. 5S, sec. 4.1 8. Cancellation of classification. Grounds for cancellation. — Use of such land for pasture, destruction of the tree growth by fire and fiiilure of owner to restore forest conditions, removal o!' tree growth and use of land for other purpo.ses, or any cluinged condition which, in the opinion of the State forester, indicates that the requirements of this act are not being fulfilled, shall be sufficient ground for cancellation of such classification. Examination prior to cancellation. — When requested to do so by the asses.sors, or whenever he may deem it necessary, the State forester shall examine classified forest land, [Cancellation. — ] and if he finds tlie provisions of this act are not complied with, he shall forthwith cancel the classification of said land, [Notice of can- cellation. — ] sending notice of such cancellation to the tax commissioner, the town clerk of the town in which the laud is located, and the owner of said land, .■■^aid laud sliall thereafter be taxed as other land. [1,. IDIH, eh. 58, sec. 5.] S. Revaluation of land and timber. [H 1.] First made 50 years after original classi- fication. — A revaluation of both land and timber sepa- rately shall be made by the assessors fifty years after llie date of original classification. * * * [11 2.] And whenever necessary, after second period of 50 years. — At the end of this period [second period of 50 years], provided said classification has been continuously niaiutiiined, said land and timber sli.ill, whenever necessary, be revalued separately by (lie assessors," and * * *. [L. 11)13. ch. .58, sec. 2.] ANNU.\r, TAX. 10. Tax levied annually at local rate not ex- ceeding 10 mills. a. Value of land alone subject to tax. — [Land fidly stocked with forest trees not more than ten .vears old * * *,' may be classified as forest land 1 Set* Table of Acts on p. 12. = This rev.aluatiou procedure applies ecpially to both types oi: land classilied under tlie law. allluiUKh the Kpecific provi- sion above refers to the " land having timber of more than 10 years' growth." (See IV, 10.) "Fc.r complete description of Innd. see TV, 2«. and] shall thereafter be taxed annually at the local rate, but not to exceed ten mills in any case, on a valuation of the land alone establislied and reestab- lished by the assessors of the town as provided in sec- tion two." [L. 1913, ch. .58. sec. 3.] b. [H 1.] Values of both land and timber subjeoi to tax. — [Land bearing timber of more than 10 years' growth' * * * jj)ay be classified as forest land * * * and] shall thereafter be taxed annually at the local rate, but not to exceed ten mills in any case, upon the true and actual value of the land and timber separately as established by the assessors at the time the classification was made. * * * [H 2] said revaluation [made after fifty years] to be subject to an annual tax at the local rate, but not to exceed ten mills, for another period of fifty years. * * * [H 3] such new valuation [made after the second fifty years] shall be assessed annually thereafter at the local rate. [L. 1913, ch. 58, sec. 2.] 11. Payment of the tax secured by lien on the land, and on the timber, standing and cut. (For text, see IV, 15a.) YIELD TAX. 12. Imposed upon all products of cuttings not devoted to personal use. All products of cuttings on classified land shall pay a yield tax as herein provided, except mtiterial cut lor domestic use, which shall be limited to fuel and the construction of fences, buildings, or other improve- ments which tend to develop the property of the cwner and increase its taxable value, when said ma- terial is used by the owner of said land, or by a ten- ant v.'itli the permission of said owner, ujion property l)elonging to said owner which is taxable in the same town as the timberlaud from which said material is removed. Sale or other disposal of exempted ma- terial renders it subject to the tax. — If .said ma- terial is sold or otherwise disposed of or transferred to the ownership of other persons it shall be subject to a yield tax as provided above. [L. 1913, ch. 58, sec. C] 13. Determination of taxable values, in ad- vance of removal of timber. Owner makes orig:inal valuation. — [Hi.] Whenever a cutting is made, other than as exeejrfed above, the owner of the land sliall file a sworn statement with the a.ssessors and thj State forester, of the quantity and stumpage value of all timber cut before any of it ^ See IV. 9. ■ For complete description of land. STATK FOKKSTliV LAWS CONNECTICUT. 11 r.VK'l' I\ — Conlil.J i,- i-oiiiiivo(l from the land. |1I 2.1 Oi-ig:iiial valuiition subject entire number of years that said land has been under classification. This tax .shall be in adilitidii lo any annual tax or yield lax which may liave been paid or may be collectible. | L. 1913, ch. 58, see. 5. j KXE.Ml'TKlNS hlKlM (lE.XtJiA l.-TA X I.AWS. 19. Certain tiee plantations established prior to 19i;>. [Ti 1.] When any person shall plant land not here- tofore woodland, the actual value of which, at the time of planting, shall not exceed twenty-five dollars |er acre, to timber trees of any of the following 12 STATE FDRESTBY LAWS — CONNECTICUT. I'ART IV— Ciiutd.] kinds, to wit: tlliesMiut, Ijiclvoi-y, aisli. wliite oali, susrar maple, European larcli, while pine, lilaciv wal- iMit. tnlip or sprnpe not less in number than twelve hundred to the acre, and such plantation of trees shall have grown to an average height of six feet, the owner of such plantation may api)ear l)ef(n'e tlie board of relief of tlie town in which such plant.-ition is located, and, on jiroving a compliance with the condi- tions herein, such plantation of trees shall be exempt from taxation of any kind for a jieriod of (wenty .\ears next tliere.-ifter. tH 2.] The foregoing provision for exemplion from taxation shall apply only to land planted with forest liees prior to January 1, 191.S. [L. 1877; * * *; <;on. .Stat., l'.)02, sec. 2.320: I.. 1913. ch. .'')S, sec. S.J TABLE OF ACTS. statutory references. Equivalent references ' in this compila- tion (seriall). ■ Statutory references. Equivalent references i in this tion (serial 1). -ompila- (Code.) II, 47. II, 46a. II, 44o, 6. II, 44c. U.-iid, e. IV, 19. II, 51a H 1; 52. II, Sis 12. 1,1. 111,1a 1,1,0 111,0 112,6 112,c,6 HI, /, (lis. II, 47. II, 46a. IV, 19. II, 61a H 1; 52; 51a H 2. II, 44o, 6, c, d, e. 1,1. III, la 11 1, c H 1, a H 2, 6 11 2, f, i) 11 1, Ill, Ic H 2. Ill, Id H 1, 2b, Id H 2. 11,1. II, 2 1 1; 3 1 1; 2 H 2; 3 H 2. II, 10; 13; 28; 12o, b. II, 17; 15; 20; 16; 18; 19; 22; 21; 23. II, 11; 37a, c; 24; 42; 40; 376. II, 480. II, 460. II, 44rf, e. II, 26o; 46c. II, 54. II, 44c. II, 17; 15; 20; 16; 18; 19; 22; 21; 23. II, 10; 13; 28; 12o, 6. II, 466. (Seseion £ow«)— Continued. L. 1909, ch. 128, sec. 4 II, 4So, 6 11. II, 456 1 2. II, 456 1 3. II, 486. III, 20. II, .'•.4. II, 516 1 1. II, 616 1 2. II,53o. lit, la 11;c 11,a 12,6 12 /, 13. II, 450, 6 11. II, 4,56 1 2. II, 486. II, 510 12. 1,3. 1.4. II, 4; 6; 38 1 1. II, 38 1 2. II 41. II, 11; 370, c; 24; 42; 40; 376. IV, 1 1 1;4;1 12;.\ IV, 26; 106 1 1; 9 11; 106 1 10 1 3; 146. IV, 2a; lOo; 14o. IV, 7. IV, 6; 8; 16; 18; 17. IV, 12; 13; 156, c. IV, 15a, d. IV, 19. 1,2. IV, 3o. IV, 36. II, 49. II, 55 1 1. II, .55 1 2. II, ,'.0 1 1. II, n. II, to 1 2. 1218 1220 1221 . . 7 1222 2320 Sp. L. 1909, vol. 15, p. 1048, sec. 2. 3780 L. 1911, eh. 114, sec. 1. . 2 4449 3. 4450 {Session Laws.) L. 1911, ch. 115, L. 1911, ch. 124, see. 2 3 4 L. 1911, ch. 212 <•, 6 1 1, L. 1911, ch. 227, sec. 1 L. 1877,ch. ,sec L. 1881,ch. , sec 2 ch. 292, sec. 1 2 3 2; 9 1 2; 3 4 3 6 7 L. 1915, ch. 90, sec. 1 2 ch.218 sec. 2 I-. 1915, ch. 322, sec. 1 2 3 L. 1907, ch. 136, sec. 2 3. 1 References are given in the order in which the siil>ject matter occurs in the original text. In reoonstnioting the text of any act herein com- pi]c proper relation to the original text of the act being reconstructed. (See above. L. 1911, ch. 292, sec. 1.) ; tiUVKItXMILXT rUINTlNU OFl'UCK : 1916 .'^ Date of Issue January 0, 1917. UNITED STATES DEPARTMENT OF AGRICULTURE. ;' '- FOREST SERVICE Henry S. Graves, Forester STATE FORESTRY LAWS A parallel classification showing the comparative progress of each State in forestry legislation. MASSACHUSETTS (Serial 1.— Through Reg. Sess., 1915) Compiled in the Office of State C'onperiition by Jeannie S. Peyton CONTENTS. Purpose of compilation Part T.— Administration State forester '. ' Forest wardens Part II. — Fire protection State fire warden and deputies Forest wardens Commissioners on fisheries and game, and deputies. E-xpenditures State Towns Kindling fires in the open air Close season for hunting Kailroads Employees , Brush and slash disposal Page. Part III.— Public forosts 9 State forests 9 Other State lands 10 Lands acquired for experiment in forest management 10 Municipal forests 11 Part R' .— Ta.xat ion 12 Classification of forest land 12 Exemptions from general tax laws 15 Forest-land tax 15 Forest commutation tax 16 Forest-product tax 17 General duties of olTicers 19 Forestry restrictions 20 General penalty under act 20 Table of acts 21 PURPOSE OF COMPILATION. Information about the forestry laws of the various States, especially about those laws dealing with certain specific problems, is being demanded more and more: and requests for such information, coming from legi.slators, State administrative officers, forestry associations, forest schools, and other bodies and individuals, have led to the compilation, informally, of such State laws as bear more or less directly on the practice of forestry. The purpose of the compilation, of which this serial is a part, is to make easy a com- parative study of the laws of the different States and to further the develojiinent of jiractical forestry legislation. By the classification of the laws and i)arts of laws under the headings, "Administration," "Fire Protection," "Public Forests." and "Taxation," the comparison is simplified, and the progress of each State, or lack of it, in these particulars is clearly shown. The better to accomplish this educational aim, the great mass of timber and tree laws and those finer points of reference ]iroper only to a legal or administrative manual have been omitted. Explanatory matter in bold type is not a part of the original text. 62071—17 1 STATE FORESTRY LAWS MASSACHUSETTS. '^Jas PART I.— ADMINISTRATION. (This p.nrt comprises the provisions of law, if any, defining the general administrative duties of the regularly constituted State forestry officials ; also cer- tain miscellaneous forestry provisions. For specitic provisions, if any, concerning administrative duties of these or other State officers in connection with forest fires. State and municipal forests, or other State lands, or forest taxation, see Parts II, III, and I\, respectively. ) STATE FORESTER. 1. Appointment — Salary. [H 1.] The governor, with the consent of the council, shall appoint an officer to be liuovvn as the state forester, and shall determine his salary. Qiialiflc.a- tions. — He shall he a trained forester who has had a technical education. [H 2.1 Removal. — Tlie governor may, with the con- sent of the council, remove the state forester at any time for such cause as he shall deem sufficient. Suc- cessor. — In case of the death, removal or resignation of the state forester the governor shall forthwith ap- point a successor. [L. 1904, ch. 409, sec. 1 ; * * * ; L. 1909, eh. 263, .sec. 1.] 2. Is ex oflScio a member of State board of agriculture. He [State forester] sliall lie ex officio a member of the state l)oard of agriculture. [L. 1904. cb. 409, .sec. 1; * * *; L. 1909, ch. 263, sec. 1.] 3. Promotes reforestation and management by. [Preamble.] It shall be the duty of the State forester to promote the perpetuation, extension and proper management of the forest lands of the Com- monwealth, both public and private. a. [H 1.] Aiding private owners, at their ex- pense. — He may ujion suitable retpiest give to any person owning or controlling forest lands aid or ad- vice in the management thereof. * * * [H 2.] Any recipient of such aid or advice sliall be liable to the state forester for the necessary expenses of travel and subsistence incurred by him or his assistants. Renders acconnt. — The state forester shall account for moneys received under this clause according to the provision of section five.' 6. Publisliing results of such aid. — The state for- ester shall have the right to publish the particulars and results of any examination or investigation made by him or his assistants as to any lands within the Commonwealth, and the advice given to any person who has applied for his aid or advice. [L. 1904, ch. 409, sec. 2.] c. [If 1.] Establishing nurseries and distributing seeds and seedlings. — The state forester may estab- lish and maintain nurseries for the propagation of ^ See Table of Acts, on p. 21, forest-tree seedlings upon such lands of the Common- wealth, at the Massachu.setts Agricultural College at Amherst, or at any other state institution as the superintendent or trustees of the institution may set apart for this purpose. Superintendents of institu- tions where laud is set apart for this purpose may furnish free of cost the labor of their inmates neces- sary to establish and maintain the said nurseries. Seedlings from these nurseries shall be furnished to the Commonwealth without expense for use upon res- ervations set aside for the propagation of forest growths for other than park purposes. All stock grown in nurseries established under the provisions of this act shall be used within the limits of the Com- monwealth and shall be furnished to state institu- tions free of charge. The st.ite forester may distrib- ute seeds and seedlings to landowners, citizens of the Commonwealth, under such conditions and restric- tions as he may determine, subject to the approval of the governor and council. [L. 1904, ch. 409, sec. 3; L. 1912, ch. 577, sec. 1.] [K 2.] Iffoney available for seed and seedling dis- tribution. — For the purpose of assisting in reforesta- tion a portion, not exceeding twenty per cent of the money authorized by this act ' to be expended, may be used by the state forester for the distribution at not less than cost of seeds and seedlings to landown- ers who are citizens of the Commonwealth, under such conditions and restrictions as the state forester, subject to the appi'oval of the governor and council, may deem advisable. [L. 1908, ch. 478, sec. 7.] (J. Giving courses in forestry. — He [State for- ester] shall give such a course of instruction to the students of the Massachusetts Agricultural College on the art and science of forestry as may be arranged for by the trustees of the college and the forester; and * * * [L. 1904, ch. 409, sec. 2.] 4, Hires assistants and fixes their salaries. The state forester is hereby empowered, suliject to the approval of the governor and council, to hire such assistants as he may need in the performance of his duties, and to fix their salaries. [L. 1904, ch. 409, sec. 4.] 5. Accepts bequests or gifts for forestry purposes. The state forester, with the approval of the gov- ernor and council, is hereby authorized to accept, on behalf of the Commonwealth, bequests or gifts to be used for the purpose of advancing the forestry inter- ests of the Commonwealth, under the direction of the governor and council, in such manner as to carry out the terms of the bequest or gift. [L. 1910, ch. 153, sec. 1.] 'Ill, 5a. LIBRARY OF COMGf^ESS MAY2S1922 STATE FORESTRY LAWS MASSACHUSETTS. PAST I— Contd.] 6. Expends annually sums appropriated. Such sums as tlie general court shall authorize may hr expended annually by the state forester, with the approval of the governor and council, in carrying out the provisions of this act.' [L. 1904, ch. 409, sec. 6; r,. 1907, ch. 473, sec. 2.] 7. Makes annually a report, recommenda- tions, and statement of receipts and ex- penditures. The state forester shall annually, on or l)efore the * * * [third Wednesday In January], malie a written report to the general court of his proceedings for the year ending on the * * * [thirtietlil day of * • * [November preceding], together with such recommendations as he may deem proper, and with a detailed statement of the receipts and expendi- tures incident to the administration of his office. His report shall be printed in the report of the state board of agrieluture. [L. 1904. ch. 409. see. 5; L. 1905. ch. 211, sec. 1.] 8- Employs forest wardens to make investi- gations and report thereon. (For text, see I. 11, par. 1 ; II, 7 ; 3b.) 9. Suppresses moths. He [Stale forester] shall act for the Commonwealth in suppressing tlie gyp.sy and brown tail inotlis as pnlilic nuisances.' [L. 1904, ch. 409, sec. 1 ; * * * ; [L. 1909, ch. 2C.3, sec. 1.] 10. Performs other duties, as imposed. * * * [the State forester] shall perform such other duties from time to time as may be imposed upon liini l^y the governor and council. [L. 1904, ch. 409, sec. 2.] FOREST WARDENS. 11. Make forest investigations and reports. \1 1.] ITlie forest warden^ shall investigate] the values of forest lands, tlie cliaracter and extent of wood-cutting operations, the i)revalence of insect pests in.iurious to forest growth, and other matters affect- ing the extent and condition of woodlands in his city or town, and shall report thereon to the state forester at stich times and in such form as the state forester may re(iuire. [L. 1907, cli. 47.5, sec. 2.] [112.] Receiyes pay from State for time so spent. — (For text, see II, 36.) PART II.— FIRE PROTECTION. (This part comprises the general provisions of law, if any, concerning protection from forest fires. For localized provisions, if any, concerning protection of State-owned lands, see Part III.) STATE FIRE WARDEN AND DEPUTIES. 1. Appointment — Duties in general. [H 1.] The state forester is hereby empowered to appoint an assistant to be known as the state fire warden, whose special duty it shall be to aid and advise the forest wardens and their deputies in towns and the municipal officers exercising the functions of forest wardens in cities. In preventing and extinguish- ing forest fires and in enforcing the laws relative to forest fires, and may from time to time designate not more than fifteen deputies to aid such state fire war- den in tlie discharge of liis duties. [L. 1911, ch. 722, sec. 1.] [H 2.] Annual report. — The state fire warden ap- pointed under the terms of section one shall report annually upon his work and upon the forest fires oc- curring in the Commonwealth, and his report shall be included in and be printed as a i)art of the state forester's annual report. (L. 1911, cl;. 722, sec. 2.] FOREST WARDENS. 2. Appointment. The mayor and aldermen in cllles and llie select- men in towns sliall annually, in .January, appoint a ' See Table of Acts, on p. 21. forest warden, and they shall forthwith give notice nf suiU appointment to the state forester. Approved by State forester. — The appointment of a forest war- den shall not take effect unless approved by the slate forester, and wheu so approved notice of the aijpointment shall be given by the mayor and alder- men or by the selectmen to the person so appointed and apijroved. Acceptance or refusal — Forfeiture. — Whoever having been duly appointed fails within seven days after the receipt of such notice to file with the city or town clerk his acceptance or refusal of the ollice shall, unless excused by the mayor and aldermen or by the selectmen, forfeit ten dollars, ru. L., 1902, ch. 32. sec. 16; * * * ; L. 1913, ch. (500, sec. 1.] o. Compensation. (I. Receive pay, from town, with deputies and assistants, for their services.— Payments shall be made to * * * [forest wardens], to their deputies, and to per.sons assisting them, aud for property used under their direction at a forest fire, at a rate pre- scribed by the town, or, in default of its action ' The specific provisions concerning the suppression of the sipsy and brown-tall incths, while i-ecognized as undoubtedly l)earnif,' " directly upon the practice of forestry," are never- theless omitted from the scope of this compilation since they ciinstltute a separate and distinct class of legislation, as yet not generally associated with State forest administration. = See II, 2. STATE FORESTRY LAWS MASSACHUSETTS. TART II— Contd.] thereon, by the selectmen. Approve itemized ac- count for services. — No such payment shall he made until an iteiuizeil account approved by the * * * [forest wardens] under whose direction the work was done or assistance furnished, shall have been filed with the officer making payment. [R. L. 1902, ch. 32, sec. 23 ; L. 1907, ch. 475, sec. 5.] b. Receive pay from State for time spent under direction of State forester. — The state forester shall from moneys unnuuily appropriated for the expenses or' his office recompense the forest wardens for the time spent by them in making investigations under his direction according to the provisions of section two of this act': [Provisos. — ] provided, that the state forester shall not be liable to make any such payment except upon the presentation of a duly item- ized account, or to pay for such investigations at a rate greater tluin that of thirty-five cents an hour, or in excess of the appropriation available for such pay- ment. [L. 1907, ch. 475, sec. 4.] 4. Hold other offices. «. Nothing in this act or in any other act shall be construed to prevent the offices of tree warden, select- man, chief of fire department and forest warden from being held by the same person. [R. \j., 1902, ch. 32, sec. 16; * * * ; L. 1913, ch. 600, sec. 1.] b. The engineers of fire departments in cities and in towns in which a fire department exists and which have so voted .shall perform the duties and exercise the powers of forest wai'dens with respect to forest fires. [L. 1907, ch. 475. sec. 2.1 5. Formerly called " firewards " and " forest firewards." The officials designated as " firewards " or " forest firewards," in chapter thirty-two of the Revised Laws, shall hereafter be called forest wardens. [L. 1907, ch. 475, sec. 5.] 6. Prevent and extinguish forest fires. a. General powers. — The forest warden shall take precautions to prevent the spread of forest fires and the improper kindling thereof, and shall have sole charge of their extinguishment. [L. 1907, ch. 475, sec. 2.] 6. Back-lire and take other precautions. — If a fire occurs in woodland, two or more of the * * * [forest wardens! of the town, or of a town containing woodland which is endangered by such fire, who are present at a place in innnediate danger of being burned over, may set back fires and take all necessary precautions to prevent the spread of the fire. [R. L. 1902, ch. 32, sec. 19; L. 1907, ch. 475, sec. 5.] 1 See Table of Acts, on p. 21. c. Enter upon lands, if necessary. — Forest war- dens, their deputies and assistants shall not he liable for trespass while acting in the reasonable perform- ance of their duties. [L. 1907, ch. 475, sec. 6.] d. Issue permits for setting fires during close season. — (For text, see 11. 20rt ; 21.) e. Enforce provisicns concerning close season. — (For text, .see II. 20d.) 7. Investigate and report on forest fires. He [tlie forest warden] shall investigate the causes and extent of forest fires and the injury done thereby, * * * [in his city or to\vn> and shall report thereon to the state forester at such times and in such form as the state forester may require.] [L. 1907, ch. 475, see. 2.] 8. Post fire notices. He [the forest warden] shall also post in suitable places in the city or town such warnings against the setting of forest fires and statements of the law re- lating thereto as may be supplied to him by the state forester. [L. 1907, ch. 475, sec. 2.] 9. Appoint and discharge deputies — Impress assistance. Hi 1.] The forest warden may appoint deputies to assist him in (he performance of his duties and may discharge the same, and he or his deputies may, if in their .iudgment there is danger from a forest fire, eni])loy assistance or require any male jjerson in their city or town between the ages of eighteen and fifty years to aid in its extinguishment or prevention, and nia.\- require the use of horses, wagons, and other ))rop- erly adapted to that purpose, and shall keep au ac- count of the time of all persons assisting them and a schedule of all property .so u.sed. |R. L. 1902, ch. 32, sec. 20; I-. 1907, ch. 475. sec. 3.] [1: 2.] Penalty foi' refusal to assist. — Whoever wilfully refuses or neglects, without sufficient cause, to assist, or to allow the use of his horses, wagons, or other property as requireil by the preceding section, shall, for each ofl'ense, be punished by a fine of not less than five nor more than one hundred dollars to be equally divided between the complainant and the town, and may also be imprisoned for not more than sixty days. [R. L., 1902, ch. 32, sec. 21.] COMMISSIONERS ON FISHERIES AND GAME, AND DEPUTIES. 10. Prevent and extinguish fires. Tlie connnissioners on fisheries and game and their duly authorized deputies may arrest without a war- rant any person found in the act of unlawfully set- ting a fire. Said commi.ssioners and their deputies may require assistance according to the provisions of .section twenty of chapter thirty-two of the Revised STATE FORESTRY LAWS MASSACHUSETTS. I'AKT 11 — Cmtil.] I/;i\vs.' anil tUoy shall take inecautions ltate forester, for apparatus to be used in preventing or extinguish- ing forest tires or for maiviug protective lielts or zones as a defense against forest fires, shall he entitled, npon the recommendation of the stale forester, ap- pro\ed hy the governor, to receive from tlie treasury of the Connnonweallh a sum equal to one-half of the .said exjienditure. t)ut no town shall receive more than two hinidrcd and (ifty dollars. [L. 1910, ch. 398. sec. 1 ; L. 11114. cli. 202, sec. 1.1 \\ 2.1 .Vpproiirialion therefor. — A sum not exceed- ing five thousand dollars in any one year may be ex- licndeil in carrying out the provisions of this act.' I I,. 1910, ch. 398, sec. 2.] 15. Pays expenses of conventions of forest wardens. The stat(> forester may from moneys apiiropriated annually fm- the expeuses of his office expend a smn not exceeding two thousand dollars in making neces- sary arrangements for conventions of forest wardens anil in paying wliolly or in part the traveling expenses to and from their towns of such forest wardens as ' See Table of Acts, on p. 21. 62071—17 2 attend this convention : Proriiled. That no moneys shall be expended under authority of this .section in paying the traveling expen.ses of any one warden to or from more than one convention in an.v one .year; (iiiit iiio- vifh'il further. That said conventions shall be held at a plai'e within the Commonwt'alth. | L. 1907, ch. 475. sec. 8.] 16. Appropriate money for forest fires.' A town which accepts the provisions of this section, or lias accepted the corresponding provisions of earlier laws, may appropriate luoney for the prevention of forest fires to an amount not exceeding oue-tentli of one per cent of its valuation. |K. L. 1902, ch. 2.5, sec. 17.] 17. Expend for various purposes. Jloney appropriated by a town under the provisions of .section seventeen of chapter twenty-five,' for the l)revention of forest fires, and all fines received under the provisions of sections twenty-one," twenty -two' and twenty-four " of this chapter and section nine ' of chapter two hundred and eight shall be expended by the * * * [forest warden], under the supervision of the selectmen, in trimming bru.sh out of wood roads, in preparing and preserving suitable lines for back fires or in otlier ways adapteil to prevent or person who sues Iheiefor. [K. L., 1902, eh. 208. sec. 124.] 22. Foreign-born persons forbidden to camp, etc.. on wild lands without a permit — Penalty. Note. — It appears to liave been the purpose hi enactins chapter 478, Laws 1910,' to fix tlie re- sponsibility on unnaturalized I'oreisn-liorn persons for fires on wild lands, by providing tliat it shall be unlawful for such persons to pick wild berries or flowers, or to camp or picnic upon any land of which they are not the owners within the couTities of Barnstable and Plynioufli, between the 1st day of April and the 1st day of December, withfiut a written, nontransferalde permit from the owner; which shall be exhibited, upon demand, to the forest warden, or one of his deputies, or other authorized ollker, under penalty of arrest, and punishment by a fine of not more than fifty dol- lars, or imprisonment for not more than thirty day.s, or by both. 23. Criminal liability. ((. Willful uiid malicious burning: — Penalty. — Whoever wilfully and maliciously burns * * * .■my standinj; tree, grain, grass, or other standing product of the .soil, or the soil itself, of another, shall be punished by imprisonment in the State prison for not more than five years or by a fine of not more than five hundred dollars and imprisonment in jail for not more than one year. [It. L., 1902, eh. 208, sec. 5.] li. [H L] Willtul or negligent setting tires, or let- ting tires escape: Gener.al provisions — Penalty. — Whoever wilfully or without reasonable care sets or iiK-rea.ses a fire upon lanil of auolher whereby the l>i-op(M-ty of another is injured, or whoever negligently or wilfully sulVers any fire ui)on his own land to extend beyontl the limits thereof, whereby the woods or jiroperty of another are injured, shall be puni.shed by a line ol not more than two hundred and fifty dollars, [It. L., 1902, ch. 208. sec. 8; L. 1912, ch. 419, sec. 2.1 1^ 2.1 Special provisions — Penalty. — Whoever in a town which accept:- the provisions of this section or has accepted th(! corresponding provisions of earlier laws sets a fire on land which is not owned or con- tinued by him and before leaving the same neglects to entirely extinguish such fire, or whoever wilfully Ol- negligently sets a fire on land which is not owned or I'ontrolled by him whereby property is endangered or injured, or whoever wilfully or negligently suffers a fire upon his own land to escape beyond the limits thereof to the injury of another, .shall be punished by a fine of not more than one hundred dollars, or by iui- ' See volume of Session Laws. J prisonment in jail for not more than one month, or by both such fine and imprisonment; Civil liability.— and shall also Ik> liable for all damages caused thereby. Disposition of fine. — Such fine shall be e(iually divided between the complainant and the town. [It. L., 1902. ch. 208, sec. 9.] c. Reckless setting Are — Penalty.—Whoever. by wantonly or recklessly setting fire to any material, or by increasing a fire already .set, causes injury to, or the destruction of, any growing or staiuling wood of another shall be punished by a fine of not more than one hinidred dollars or by imprisonment for not more than six months. [It. L., 1902, ch. 208. sec. 7; L. 1912. ch. 419, sec. 1.1 d. Destroying posted notices. — Whoever wilfully and maliciously tears down or destroys any notices posted und.er the provisions of section two of this act' shall be punished liy a fine of ten ilollars. [L. 19ason and make it a close .sea.scm for the shooting of birds and wild animals of every kind for such time as he may designate, and may prohibit the discharge of firearms in or near forest land during the said time. [L. 1909. ch. 422. sec. 1.] - [H 2.1 Pnblieation and posting of proclamation. — A proclamation issued inider authority hereof shall be liuhlishe.i in such newspapers of the state and posted in such places and in such manner as the governor may direct, under the charge and direction of the state forester and the commissioners on fisheries and game. [L. 1909, ch. 422, .sec. 3.] [113.] Penalties for violation of provisions. — Dur- ing the time designated as above by the governor, all provisions of law relating to the close season shall be in force, and whoever violates any such provisions shall be subject to the penalties prescribed therefor. In case any person shall, during a clo.se season pro- claimed as aforesaid, di.scharge a firearm in or near forest land, or shoot any wild aniiual or bird, as to which there is no close season otherwi.se provided by law. he shall be subject to a fine of not more than one hundred dollars. [L. 1909, eh. 422, sec. 2.] > See Table of Acts, on p. 21. STATE FORESTRY LAWS MASSACHUSETTS. PART II— Conta.: RAILROADS. 26. Precautions in operating locomotives, and on rights of way. a. Provide spark arresters. — Ever.v corponitiuii openitiiig a steam railroad witliin this Common- wealth shall, suhject to the approval of the board of railroad commissioners, install and maintain a spark arrester on ever.v engine in its .service in which wood, coke or coal is used for fuel, and * * * h. Clear rights of way aiiunally. — * * * shall, between the first day of April and the first day of December in each year, keep the fnll width of all of its locations over which such engines are operated, to a point two hundred feet distant from the center line on each side thereof, clear of dead leaves, dead grass, dry brush, or other inflannnahle material, and * * * c. Leave no deposits of fire, coals, etc. — * * * shall not at any time leave any deposit of tire, hot ashes or live coals upon its locations in the immediate vicinily of woodlands or grasslands, and * * * (1. Post notices. — ■ * * * shall post in stations and other conspicuous places vi'ithin its location and right of way such notices and warning placards as are furnished to It for the purpose by the state for- ester : Provided, That nothing in this section shall be construed to prohibit any railroad coiiioration from piling or keeping upon its location or right of way cross-ties or other materials necessary for the main- tenance and operation of its railroad. [I.. 1907, ch. 431. sec. 1.] 27. Clear adjoining unimproved land. Any railroad corpia-atioii may. >ipou giving notice according to the provisions of this .section, enter upon unimproved land adjoining any location or right of way upon which it operates engines burning wood, coke, or coal, and may there at its own expense and subject to the direction of the * * * [forest war- den], or tlie officer or board having his powers, in the city or town in which the land is situated, clear such land of dead leaves, dead grass, and dead wood to a distance of one hundred feet from the tracks, with- out thereby becoming liable for trespass : [Give notices. — ] Provided, That no railroad corporation shall, under the provisions of this section, do any acts on unimproved land outside its location or right of way, unless it has within two months given fourteen days' notice in writing l)y mail or otherwise to the occupant of the land, and to the owner thereof, if he resides or has a usual place of business in the -jity or town in which it is situated, and if the land is unoccupied and the owner does not reside or have a TTSunl place of business in the city or town, then, unless the railroad coriwration has within two months puljlished notice of its purpose once in three succes- sive weeks in a newspaper pul)lislied in the county in which the land is situated, and unless it has within three days given at least twenty-four hours' notice to the * * * [forest warden!, or the ollicer or lioard having his powers, in the city or town in whicn the land is situated of the location of Ihe land which it intends to enter under the jn-ovisions of this sec- tion, and of the time at which it intends to enter the same; and iiroridcd, further, that no notice hereby required .shall be valid unless it sets forth the pro- visions of this section. [I^. 1907. ch. 431, sec. 2; L. 1907. ch. 47.5. sec. 5.] 28. Inform employees as to their fire duties, under the law. Railroad corporations shall inform their employees as to their duties under this act ' [Equip tlieiu. — ] and shall furnish tlieni with the appropriate facili- ties for rep(«'ting and extinguishing such fires. [L. 1907, ch. 431. sec. 5.] 29. Authority limited as to piihlic parks, etc. Nothing in llus act sluill lie construed to give any railroad coi'poration powei- to enter upon, or to inter- fere in the management or care of, any public park or reservation. [L. 1907, ch. 481. sec. 6.1 30. Liability. (I. To a person or corporation for in,inrie9 caused by fire from engines. — Every railroad corporation shall be liable in danuiges to a person or corporation whose buildings or other property may be injured by lire connnunicated by its locomotive engines, and - * * [L. 1906, ch. 403, Part II, sec. 247.] h. [H 1.] To a city, or town, for expense of extin- g'uishlng fires. — .Vu..- railroad corporation which, by its servants or agents, negligently, or in violation of law, sets fire to grass lands or forest lands .shall be li;'.ble to any city or town in which such fire occurs, lor the reasonable and lawful expen.^e incurred by such city or town in the extinguishment of the fire. |L. 1909. ch. 394, sec. 1.] [H 2.] City, or town, may recover. — Cities an. Fine in cases of neglect. Whoever neglects to <-omply with the directions of I he forest warden with ri'gard to the dispo.sal of sla.sh and brush, as provided in sections one and two of this act, may be punished by a fine of not less than five dollars nor more than fifty dollars. fL. 1914, ch. 101, sec. 3.] PART III.— PUBLIC FORESTS. (This part comprises the provisions of law, if any, f(U' the estal)lishnient and care of State and municipal forests and for th" iiractice of forestry on these and (>ii other lands owned by tlie State. I STATE FORESTS. 1. State forest commission. (/. Esliiblislied — Personnel — No compensation. — There is hereby established a state forest <'()iiiniis sion, to be composed of three persons, one of whom shall lie tlie state forester and two other meml)ers who sliall be appointed by the governor, with the ad- vice and con.sent of the council, and who shall serve without com|)ensation. [L. 1914. ch. 720, sec. 1.1 h. Expenses. — The said commission may also ex- pend not more than five hundred dollars annually for its necessary expen.ses incurred in carrying put the provisions of this act. [L. 1914. ch. 720. sec. 6.) ' Concerning regulations of whistles. 62071—17 3 c. Terms of ofHee. — The term of office of tlie ap- pointive members of the commission shall be six .\ears, except that when first aiipointed one of the members shall be appointed for six years and one for three years. Thereafter one iiKMiiber shall be ap- pointed every third yetir. I L. 1914, ch, 720. sec. l.j (/. Acquires lands for State forests, and .sells or exchanges such lands — Cost limited. — The commis- sion shall have power to inquire for the Common- wealth by piu-ehase or otherwise, and to hold, wood- land or land suitable for timber cultivation within the Commonwealth. The commission may, after a public hearing, sell or exchange any land thus ac- (luired which, in the judgement of the commission can no longer be used advantageously for the purpo.ses of this act. The avera.ge cost of land purchased by the commission shall not exceed five dollars an acre. [L. 1914, ch. 720, sec. 2.| 10 STATE FOKESTKY LAWS MASSACHUSETTS. PART III— Contd.] 2. State forester. ti. Given control luid management of State for- ests— Required to leforest them— Makes regula- tions for their use. — Lands acquired under the pro- visions of tliis act ^^llall be known as stale forests and shall be under the control and management of the state forester. He shall proceed to re-forest and de- velop such lands and shall have power to make all reasonable regulations which, in his opinion, will tend to increase the public enjoyment and benefit there- from and to protect and conserve the water supplies of the Commonwealth. [L. 1914, ch. 720, sec. 3.] (;. Utilizes penal labor.— In the reforestation, maintenance, and development of lauds purchased under this act, the State forester, so far as it is prac- ticable, shall obtain the labor necessary therefor un- der the provisions of chapter six hundred anil thirty- three of the acts of the year nineteen hundred and thirteen, and acts in amendment thereof and in addi- tion thereto.' [L. 1911, ch. 720, sec. 4.] c. Publishes State forest accounting in annual report. — The state forester shall keep and shall pub- lish in his annual report an account of all moneys invested in each State forest and of the annual in- come and expense thereof. ' [L. 1914, ch. 720, sec. 3.] 3. Appropriations. (I. Expended for acquisition and maintenance of lands. — The sum of ten thousand dollars may be ex- pended during the present year and the sum of twenty thousand dollars may be expended annually for the four succeeding years by the state forest commission in the acquisition of lands under the provisions of this act: Provided, That the said commission may, at its discretion, authorize the state forester to ex- pend a part of said sum in the maintenance of said lands. b. Available until expended. — If any part of said twenty thousand dollars remains unexpended at the close of any year, the balance may be expended in the following year. [L. 1914. ch. 720, sec. 6.) 4. State forests exempt from taxation — Cities and towns reimbursed by State for loss of taxes. Land acquired under the provisions of this act '' shall be exempt from taxation ; but the Commonwealth shall reimburse cities and towns in which such lands are situated for taxes lost by reason of their acquisition, in the same manner and to the same ex- tent as in the case of lands acquired for public in- stitutions under the provisions of chapter six hundred and seven of the acts of the year nineteen hundred and ten.' [L. 1914, ch. 720, sec. 5.] OTHER STATE LANDS. LANDS ACQUIRED FOK EXPEKIMENT IN FOREST MANAOE- MENT. 5. Acquirement. (/. By purchase. — For the purpose of experiment and illustration in forest management and for the purposes specified in section seven ' of this act the sum of five thousand dollars may be expended in the year nineteen hundred and eight, and the sum of ten thousand dollars annually thereafter, by the state forester, with the advice and consent of the governor and council, in purchasing lands situated within the commonwealth and adapted to forest production. Price and acreage limited. — The price of such lands shall not exceed in any instance five dollars per acre, nor shall more than eighty acres be acquired in any one tract in any one year, except that a greater area may be so acquired if the land purchased directly affects a source or tributary of water supply in any city or town of the Commonwealth. All lands ac- quired under the provisions of this act shall be con- veyed to the Commonwealth, and no lands shall be paid for nor shall any moneys be expended in im- provements thereon until all instruments of con- veyance and the title to be transferred thereby have been approved by the attorney general, and until such instruments have been executed and recorded. [L. 1908, ch. 478, sec. 1; L. 1909, ch. 214, sec. 1.] b. By gifts. — The state forester may in his discre- tion, but subject to the approval of the deed and title li.\ the attorney general as provided in section one, accept on behalf of the Commonwealth gifts of land to be held and managed for the purpose hereinbefore expressed. [L. 1908, ch. 478, sec. 3.] 6. Reconveyance. (I. Rei)urchase of such lands by original owners. — The owners of land purchased under this act, or their heirs and assigns, may repurchase the land from the Commonwealth at any time within ten years after the iHirchase by the Commonwealth, [Price to be paid. — ] upon paying the price originally paid by the Common- wealth, together with the amount expended in im- provements and maintenance, with interest at the rate of four per cent per annum on the purchase price. The state forester, with the approval of the governor and council, may execute in behalf of the Common- wealth such deeds of reconveyance as may be neces- sary under this section: [Regulation of cut re- • Laws for the utilization of penal labor. = See Table of Acts, on p. 21. ' Chap. 607, Laws 1910, requires the tax commissioner, beginning in the year 1910 and every fifth year thereafter, to deliver to the State troasurer a statement as to the value of lands owned by the State and used for public institutions, in each city and town. The rate per thousand for which the State shall reimburse cities and towns is required to be equal to the averaj;e of the annual rates for the three pre- ccdiUK years. (Sec. -13, part 3, chap. 490, Laws 1909, as amended by Laws 1914, chap. 198, sec. 6 ; see volume 1914 session laws.) 1 See Table of Acts, on p. 21. STATE FORESTRY LAWS — MASSACHUSETTS. 11 PART III— Contd.] quired. — ] Provided, hoicevor. That lliere slinll lie in- cUhUnI in such deeds a resti-ictioii requlriiii; lliat trees cut from sueli i)r<)i>erty shall not he less than elKht inehes in diameter at the butt. |L. ISIOS. eh. 478, sec. 2.1 b. Kepiirehasi' of sucIi lands by donors. — A dunur (if such land may reserve the right to buy back tli(> land in accordance with tlie provisions of sec'tion I wo, lint in file absence of a jirovision to tliat effect in his deed of sift he sliall not Iiave such riirlit. 1 1 .. IDIKS, cli. 478, sec. 3.] 7. Control and management, II. \% 1.1 Stale forester ^iven control and inan- ag'ement. — Land acquired under the provisions of this act ' shall be under the control and manafienient of the st.ite forester [Cuts and sells trees, wood, and other produce therefrom. — ] wli.i may. subject to the aiiiiroN.al of tile governor and council, i-iit and sell trees, wood and other produce therefrom. ( L. l!t(ts. rh. 47S. sec, 4.] Ill 2.1 Hequired to reforest lands. — The St.-iic I'm- eslcr shall I'eplaiit or otiierwise manage all land ac- i|uireil by the Commonwealth and held l>y it under the pro\ isiuns of tlds act,' in such maimer as will in liis judgment produce the best forest growth both as to practical forestry results and protection of water suiiplies. [L. 1908, -h. 478. sec. 8.] h. Hevciines derived from lands to be paid into Slate treasury. — All moneys received liy or payable to the Commonwealth or any one acting on its belialf mider the provisions of this act ' shall be paid into the treasury of the Connuonwealth. [L. 1908. ch. 478, sec, 5.] 8. Reconveyed lands not exempt from taxa- tion on account of plantations of trees set out by State. Land acquired under the provi-sions of this act and subsequently reconveyed under tlie provisions of sec- tions tvfo ' or three ^ shall not be exempt from taxation on jiccount of any plantation of trees set out or planted wliile it was held by the Commonwealth. [L. 1908, ch. 478, sec. 6.] MUNICIPAL FORESTS. 9. Established by condemnation or purchase, or by gifts. fH 1.] A town, by a vote of two-thirds of the legal voters present and voting at an annual town meeting, or .1 city in which the cit.v council consists of two branches, by a vote of two-thirds of the members of each branch, and a city in which tliere is a single U gislative board, by a vote of two-thirds of the mem- bers thereof, present and voting tliereon, may take or ^ See Table of Acts, on p. 21. purchase' land within their limits, which shall be a public domain, and [may * * * accept gifts of * * * land therefor; * * *1 [H 2.] Title.—* * * the title thereto shall vest in the city or town in which it lies, with the exception tliat cities or towns owning laiul within tlie territorial limits of other cities or lowns for water supply purposes may, as herein pro- vided, convert such land into a public domain and retain the title thereto. [R. L. 1902, ch. 28, sec. 23; * * *; L. 1915, ch. Ifi2, sec. 1.] 10. Uses. iilaiiting and cultivating of trees therein, [City or town forester subordinate. — j and I he city or town forester in such case and his keepers, under the supervision and direction of the state forester, .shall be <'harged with the duty of en- ' A description of tlic land Is required to be duly regis- torod. and if damai^os are occasioned by sucli taking, they may be recovered as in tiic case of tlie taljing of land for a liigliway. (See R. L. 1002, ch. 28, see. 24.) = See in. 11!). •'' There is no State law concerning the appointment of such otlicers. They may, liowcver, be provided by cliles and towns under their general local authority. 12 STATE FORESTRY LAWS MASSACHUSETTS. PART III— Contd.] forcing all such regulations and of performing such labor therein as may be necessary for the care and maintenance thereof; and within such public domain shall have the powers of constables and police officers ia towns. [R. L. 1902, ch. 28, sec. 25; L. 1913, ch. 564. sec. 2.] 12. Procurement and use of funds. a. [II 1.] Appropriations and gifts. — [A town or city, by a vote in accordance with the reriuireraents of this section ' for the the establishment of munici- pal forests] niny aiijiropriate money and accept gifts of money and land therefor, but the indebtedness so incurred shall be liiiiited to an amount not excee«ling one-half of one per cent of the last preceding assessed valuation of the city or town. [R. L. 1002, ch. 28, sec. 23 ; * * * ; L. 1915, ch. 162. sec. 1.] [If 2.] In advance of appropriation, no indebted- ness to be incurred.^No land shall be taken or jnir- chased for a public domain, no building erected there- on and no expenditures authorized or made or lia- bility incurred therefor until an amount sufficient to cover the estimatetl expense thereof in a town has been appropriated tluTefor as provided in section twenty-three;' and all contracts made for expemli- tures in excess thereof shall be void. The expendi- tures shall not exceed the approjiriations therefor. [R. L. 1902, ch. 28, sec. 28.] b. Rentals and sales of products — Applied to management. — Any such city or town may lease any building on a public domain, and shall apply all sums derived from rents or from the sale of the products of any such domain, so far as may be necessary, to the management thereof. [K. h. 1902, ch. 28, sec. 26; L. 1913, ch. 564, sec. 3.] c. [K 1.] Public domain loans: Authorized. — For the purpose of defraying the expenses inon-red undei- the provisions of the six preceding sections ' any city or town may issue from time to time, and to an amount not exceeding the sum actually expended for the tak- ing or purchase of lands for such public- domain, nonds or notes. Such bonds or notes shall be denom- inated on the face thereof, City or Town of , Public Domain Loan, Act of 1913; shitll be payable by such annual payments, beginning not more than one year after the date thereof, as will extinguish each loan within thirty years from its date; and the amount of such annual payment of any loan in any year shall not be less than the amount of the princi- pal of said loan payable in any subsequent year. Each atithorized issue of bonds or notes shall consti- tute a separate loan. The bonds or notes shall bear interest at a rate not exceeding four and one-half per cent per annum, payable semiannually ; and shall be signed by (he treasurer and countersigned liy the mayor or the city or, in the case of a town, shall be signed by the treasurer and countersigned by the selectmen. The city, by its mayor and treasurer, and the town, by its selectmen and treasure!-, may sell such bonds or notes at public or ju-ivate sale, upon such terms and comlitions as they may deem proper, but the bonds or notes shall not be .sold for less than their par value ; and the proceeds shall be used only for the purposes herein specified. [R. L. 1902, ch. 28, sec. 29 ; L. 1913, ch. 564, sec. 5.] [H 2.] Payment of. — The city or towh shall at the tirae of authorizing said loan or loans provide for the payment thereof in accordance with the foregoing provisions of this act ; ' and when a vote to that effect has been pa.ssed by the city council, or at any annual ti)wn meeting, a sum which will be sufficient to pay the interest as it accrues on the bonds or notes issued as aforesaid by the city or town, and to make such payments on the principal as nuiy be retpiired under the provisions of this act, shall, without further vote, be assessed by the assessors of the city or town an- nually thereafter in the same manner in which other taxes are asses.sed, until the debt incurred by said loan or loans is extinguished. [L. 1913, eh. 564, sec. 6.] PART IV.— TAXATION. (This part comprises the provisions of law, if any. covering the classifioRtion and taxation of forested lands and lands to be forested, the purpose of which is to encourage the practice of forestry by private owneis; also such bounty and exemption laws os have a like purpose. For similar taxation provisions, if any, concerning State or municipal forests, or other State lands, see Part ITT.) CLASSIFICATION OF FOREST LAND. 1. Land classes defined. [Preamble.] Owners of woodland or land suitable for fore.st planting may have such land cla.ssifled for taxation' under the following designations: — [Pre- amble to sec. 1, ch. 598, L. 1914.] > See Talile of Acts, on p. 21. - This act shall lie kuown as the forest classification and tax act. [L. 1914, ch. 598, sec. 27. For act in full see Tahle of Acts, on p. 21. a. Woodlot. — Land with trees of merchantable value shall be known as Woodlot. [L. 1014, ch. .598, see. 1(a).] h. Plantation. — Land without trees of merchant- able value shall be known as Plantation. [L. 1914, ch. .598, .sec. 1(b).] t: Forest. — (Consolidated tracts of woodlots and pl.-mtations. For text, see IV, 8c.) 2. Minimum acreage that may be classified. No tract of laiKl containing less than three acres shall be classified unless such tract is to be con- solidated with other tracts under the provisions of 1 See Table of Acts, on p. 21. STATE FORESTRY LAWS — MASSACHUSETTS. 13 If tllis Met. |I>. \'.n4. ell PART IV— Contd.l section thirteen [iiiin nas. sec-. 1.1 3. Application for classification. in 1.] Any owner of land suitable for classification us WooiUot or Plantation who desires to have it classi- lied sliall make application, in such form as the tax comniissioneF shall from time to time prescribe, to the ciiTl; (if the city or town in whicii the land is situated. F.iu'uiiihraiiccs, etc. — The application shall state wlictlier or uot the land is -encumbered by mortgages. It uses, attachments, or other valid liens, except rights of way; and shall state also whether other persons than the applicant have an interest or interests in the land. Assent of parties having interest. — In either ca.se, the application .shall be accompanied by the written as.sent to the classification of siu-li mort- gagees, lessees, attaching creditors or lienors, or [ler- sons having an interest in the land, whicli assent shall \k- under .seal and in such form as the tax coniinis- sloner shall from time to time prescribe. Description of land. — The application shall be ac(-()ni]ianied by sncli desc riiitKin by metes and bounds as may be con- uiined in the last conveyance of the land, or by two (-(ipies of a pUit showing the location of the land by metes and bo-unds, and in either case shall contain a icl'erence to the book and page of the recorsl of said (-onveyance. If the land to be classified comprises a pMi-t of the land described in any conveyance, said .-ippli(-ation shall he accompanied by such a de.scrip- ti county in which the land is situated a certificate of the classification of the laud, which certificate shall contain the name of the owner of tlie »See IV, 5d. 14 STATE FORESTRY LAWS MASSACHUSETTS. TART IV— Coutd.] Uiud, the tlate of cla.ssification, tlie designation of the land chissified, and t copy of the description of tlie hind, or of the plat, required by section two of this act.^ Fees. — The clerk shall receive from the appli- cant a fee of two dollars for every such certificate of classification, and shall receive a fee of fifty cents for each sulisequent copy thereof: and iu addition the clerk shall receive the usual fee for recording said certificate iu the registry of deeds, which fee shall be transmitted with the certificate to the register of deeds. c. Conditionij of act binding. — Upon the recording of the certitieate, the land shall thereafter be subject to all the conditions and requireiuents of this act ' unless it is withdrawn from classification ; and said conditions and requirements shall be binding upon any owner thereof, his heirs and assigns, upon all persons who have assented to the classification, and upon all persons subsequently acquiring any interest in the land. d. Taxation becomes effective. — * * * but if the notitii-ation from the owner [of acceptance of valuations] is not received on or before the first day of April in any year, the provisions of this act re- lating to taxation shall not take effect imtil the first day of April of the following year: Provided, That in the year nineteen hundred and fourteen said pro- visions relating to taxation shall take effect as of the first day of April, if the aforesaid notification from the owner is received on or before the first day of .Tuly. [L. 1914, ch. 598, sec. 4.] 7. Previously exempted lands classified as plantation. Section six of Part I of chapter four hundred and ninety of the acts of the year nineteen hundred and nine ' is hereby repealed, but this repeal shall not affect exemptions existing at the date of the passage of this act. Owners of land exempt from taxation under the provisions of said section may, at the end of the period provided by said section, classify such land as plantation under this act. When such land is thus classified as plantation, the assessors shall not be required to value the trees standing thereon, but shall make the other valuations required by sec- tion two of this net." \\,. 1914. ch. 508, sec. 26.] 8. Consolidation under single classification of " forest." a. Application. — On and after the first day of .\pril. nineteen hundred and nineteen, any owner of two or more adjoining tracts of land classified in any city or town as Woodlot or Plantation, and any owner ' .See Talilp of Acts, on p. 21. - See voluiiie of Session Laws. of more than one hundred acres of land so classified, whether the land consists of adjoining tracts or not, may apply for the consolidation of such tracts under a single cla.ssification. The application shall be in such form as the tax commissioner shall from time to time prescribe, and shall be filed with the clerk of the city or town in which said tracts are situated. h. Classification procedure. — The clerk shall forth- with classify the tracts as a single tract, shall record the classification in the registry of deeds, as provided in section four of this act,' and shall receive therefor a fee, together with the fee required for such record- ing, as provided in said section four. c. Designation. — He shall forthwith notify the as- sessors of the city or town of such consolidation, and the assessors shall, on or before the first day of the following April, consolidate the vahmtions and assess- ments of all taxes imposed by this act, which taxes shall, on and after the aforesaid first day of April, be levied and assessed in respect of the entire tract of land classified, and not in I'cspect of its constituent tracts of Woodlot or Plantation. Such consolidated tract shall he known as Forest. [L. 1914, ch. .^98, sec. 9.] 9. Sale not to prejudice classification and obligations thereunder. X(i sale (ir (itlier conveyance of classified land shall release the purchaser thereof, or other person acquir- ing an interest in such land, from any obligation or liability imposed by this act.' [L. 1914, ch. 598. sec. 10.] 10. Withdrawal from classification. ((. On condition of payment of accrued taxes, in full. — Land classified under this act may be with- drawn from classification liy the owner at any time upon payment to the authorities of the city or town ill which the land is situated of the amount of forest 1:1 lid tax and fore.st commutation tax which may be due for the current year and for all previous years. and upon payment of forest-product tax upon the stumpage value of the trees then standing upon such hind, as though the said trees had then been cut. 6. [IT 1.] Notice of, and valuations incidental tliereto. — The owner shall give the assessors of the city or town in which the land is situated notice in writing of his desire to withdraw the land from classi- fication. The assessors shall forthwith nudve a valua- tion of the trees then standing upon the land, and give notice of such valuiition and of the amount of forest-product tax due thereon for such withdrawal ; and may require the forest warden of the city or town to give such assistance as may be necessary. [H 2.] Appeal from such valuations. — If the owner of the land is aggrieved by the vaUuition made by tin- ' See Table of .Vets, on p. 21. STATE FORESTRY LAWS MASSACHUSETTS. 15 PART IV— Contd.] assessors, he may, within ton days alter such ndticc. appeal to the state forester, or make a written re- (pu'st to the assessors for an arbitration, which arbi- tration shall be in accordance with the provisions of subsection (b) of section eiiiht of this act.' e. Certificate, and registration of. — Upon the pay- ment of the forest-product tax thereon and of all oilier taxes due on account of the land, the land shall 111' withdrawn from classification. The clerk of the city or town shall forthwith record a certificate of such w ilhdrawal in the registry of deeds for the comity in w hiili the land Is situated. Fees. — The owner of the land shall pay to the clerk a fee of one dollar for every such certificate of withdrawal, and a fee of fifty cents for each subsequent cojiy thereof: and in addi- tion, the usual fee for recording stiid certificate in said registry, which fee the clerk shall transmit to the register of deeds. (/. Lialtility for product tax assessed in excess of estimates. — In case of all trees cut on said land within three years of the date of .such withdrawal a forest- liroduct tax shall be assessed in accordance with the jirovisious of this act; ' and if the amount of tax thus assessed in respect to the laud shall exceed the amount of tax a.ssessed and levied at the time of withdrawal, the owner shall be liable for the payment of such excess under the conditions and retiuirements of sec- tion eight of this act." [I.. 1914, ch. .j98, sec. 12.1 11. Cancellation of classification. If the owner, after notification from the slate for- ester that the requirements of said regulations' have iKil been complied with, fails to comply therewitli wilhiu a reasonable time thereafter, the state for- ester, alter a hearing, shall have the right to direct tlu! clerk of the city or town to cancel the classifica- tion of the land. The clerk shall forthwith cancel the classification, notify the assessors thereof, and record a certificate of cancellation in the registry of deeds. Owner lial)le for forest-product tax. — The assessors shall forthwith make a valuation of the trees stand- ing upon the land, and assess a forest-product tax tliereon, which shall forthwith be levied and shall be collected in accordance with the provisions of sec- lion eiglit of this act." [L. 1914, ch. .598, sec. 20.] EXKIIPTIONS FROM GENERAL TAX LAWS. 12. Lands and corporations entitled to ex- emption. (/. Classilied lands exempt — Exceptions, includ- ing- buildings.— Land classified under tliis act shall be exempt from taxation except such as is imposed by 'See Table of Acts, on p. 21. " See " Forest Products Tax," p. 17. " See " Forestry Restrictions," p. 20. this act, but shall be liable to the same extent and in the same manner as other land for special assess- ments. Buildings situated upon sucli land shall be sub.iect to taxaticm as real estate under the pro- visions of chapter four liundrtHl and ninety of the acts of the year nineteen hundred and nine and acts in .iniendment thereof and in addition thereto." [L. 1914, ch. 50S, sec. 5.] h. Other lands exempt. — Land which does not ex- ceed in value ten dollars an acre, if well stocked with thrifty white-pine seedlings that have attained an average height of not less than fifteen inches, upon .satisfiictory proof of its condition by the owner to the asses.sors, shall be exempt from taxation for a period of ten y(>ars thereafter : Provided, That if any trees of connuercial value, except such as are reasonably removed for the improvement of the white-pine growth, are cut or removed from the said land, the exemption herein provided for shall cease, [h. 1909, ch. 187, sec. 1.] Exceptions*. — (See III. S. i c. Certain corporations exempt. — In the taxation of corporate franchises, under the provisions of sec- tions forty to forty-three, inclusive, of Part III of chapter four hundred and ninety of the acts of the year nineteen hundred and nine, and acts in amend- ment thereof and in addition thereto,' corporations organized for the purpose of owning land classified under the provisions of this act ' shall be exempt from taxation upon such proportion of their capital stock .'IS is actually invested and employed in the business of forestry upon land classified under the provisions of this act. FT- 1914, ch. .598, see. 25.] FOREST-LAND TAX. 13. Assessment, collection, etc. Land classified under the provisions of this act shall be sub.iect to forest-liind tax. Said tax shall be as- ses.sed, levied and collected in the manner prescribed in chapter tour hundred and ninety of the acts of the ye.ir nineteen hundred and nine" for the ta.xation of r(!;il estate within the Commonwealth, upon its fair cash value exclusive of the valu<> of all buildings and I be value of all trees growing thereon : [.Ippeals from assessment. — ] Provided, That owners of classified land, instead of prosecuting an appeal, as provided in sections seventy-six li, ei.ghty of Tart I of the said chapter, as amended, may. at their option, within lliirty days after receiving the notice provideroportion of stiimpajie value so destroyed. Total tax correspondingly reduced. — The assessors shall also deduct from the total amount ol forest connuutation tax thereafter levied in the city or town an amount of tax proportionate to any and all reductions in valuations made to landowners in accordance with tlie provisions of this subsection. Appeal from the reductions. — From the aforesaid (U'U'riiiiiiatii)n of the assessors, the owners may ap- pc.d to the tax connnissioner in the manner provided in section six of this act.' [I.. 1914. ch. 598. sec. 7 (;;l.l //. When trees sre destroyed after April 1, 1!H9. — In case of th'> destruction by lire or otlierwise. sul)sequent to April first, nineteen hundred and nine- teen, of trees standing upon land classified as Woodlot' under tliis act. tlie owner of the land may apply to the assessors of tlie city or town for a reduction of forest conimutation tax. No reduction less than 10 per cent considered. — Such application shall not be made except in respect of trees of a value equal to or in excess of 10 per cent of the stumpage value of the trees standing on the land at the time of classification. Determinations of reductions. — The assessors shall lU'lerniinc what amount and proportioii of said stump- age value of the trees has been destroyed by fire or otherwise, and shall make a proportionate reduction in tlie forest commutation tax for which tlie owner shall be liable. The assessors may require the forest warden of the city it town to give such assistance as may lie necessary in determining the proportion of stumpage value so destroyed. .4ppeal from the re- ductions. — Krom the detenninatien of the assessors, the owner may appeal to the tax commissioner in the manner provided in section six of this act.' [L. 1914, ch. .-)!«. .sec. 7 (h).J r. On account of forest product tax. — On and after April first, nineteen hundred and nineteen, any owner III land d.-issified as Woodlot may. as hereinafter pro- vided, apply to the a.ssessors of the city or town for a reduction of the jiiionnt of forest commutation tax for which the owilt is liable. No reduction less than 10 per cent considered. — Such application may be made only in respect to trees upon which forest product tax has been paid: and may not lie made ex- cept in respect of trees of a stumpage value equal to or iu excess of ten per cent of the stumpage value of the trees standing upon the land at the date of classi- »IV, 1(7. -See T.al)le of .\cts, on i). •_>!. fication. Reduction in tax. — Upon receipt of such aiiplication, the assessors of the city or town shall reduce the forest commutation tax for which the owner is liable in any snbseiiuent year, by a percent- age equal to the percentage which the stumpage value of the trees bears to the stumpage value of the trees standing upon the land at the date of classification. [L. 1914. ch. 598, sec. 7 (i).] 19. The tax extinguished by reduction. When the reductions in valuations made in accord- ance with subsections (g), (h), and (i)' shall equal the stumpage value of the trees determined to have licen standing on the Woodlot at the dale of classifica- tion, the woodlot shall no longer be liable for forest commutation tax [when woodlot treated as planta- tion. — ] and shall thereafter be treated as if it had been classified as plantation. [L. 1914, ch. 598, sec. FOREST-PRODUCT TAX. 20. Preliminary determination of taxable values. [Preamble.] All land classified under this act shall be subject to forest-product tax, which shall be as- sessed, levied and collected in the following ni,iMiier : — [Preamble to see. 8, eh. 598, L. 1914.1 a. Under the terms of the law itself: Owner re- ports, in advance of each removal of any wood cut, the quantity and value to be removed. — Kxcept as provided in subsection (e) of this section,' immedi- ately after the cutting of trees and not less than 10 days before the removal of any wood from land classi- fied under this act, the owner shall notify tlie asses- sors of such intended ri'nioval ami shall report the anuiuiit ami stumpage value of such wood. Penalty for failure to report. — Every su
  • ersons aggrieveil by such assessments, other than assessments of wood, may apply for an abatement thereof in the manner provided by sections seventj'- two to eighty-two, inclusive, of Part I of chapter four hundred and ninety of the acts of the year nine- teen hundred ant exceetling twenty -five dollars in stumpage value, without making the reports, giving the notifications, or being liable for the tax required ' See volumes of Session Laws. ' See Table of Acts, on p. 21. STATE FOKESTKY LAWS MASSACHUSETTS. 19 PART IV— Contd.] ill subsections (a), (b), (c), iiiid (d) of tliis section:' I'rnvidcd, That the wood is for his pei'sonal use or for the use of iiis tenant. Such wood may subse- iiuently be sold upon maJtinK the aforesaid reports .'ind paying forest-product tax thereon. [L. 1914, cli. oOS, sec. 8 (e).] 25. The payment of the tax is secured by. (I. A lien on the land, etc. — Forest-product tax shall be a lieu iipim the land in respect of the product or income from which it was assessed, and shall be col- lected in the manner prescribed in said chapter four hundred and ninety: * * * h. [Hi.] A cash deposit or bond. — * * * I'ro- ridcd. That if the assessors of the city or town, to insure the collection of said tax. deem it necessary, they may re<|uire of the owner either a cash deposit of the amount of forest-product tax as estimated by the assessors, or, at his option, a bond with good and snltieient sureties conditioned upon the payment of the tax when levied. When such demand is made, the wood in respect of which forest-product tax is pay- able shall not be removed from the land until the owner has complied with said demand, and any person who shall so remove said wood shall be liable to a tine of not more than five hundred dollars or to impris- ciiiment for not more than sixty days, or to both such line and imprisonment. In default of deposit or bond, the lien is direetly upon the wood or other lirodnct, so long us it is held bj owner, or by a re- ceiver with knowledge of such default. — Forest product tax shall constitute a lieu upon the v\do(l or oilier product in resjiect of which it was assessed for so Ions as the wood or other iiroduet is in the posses- siiiu of the owner of the land from which it was pro- duced, or of a person takinsr the same with kuowledw I hat the assessors have reqnii'cd security for the tax and that such security has not been given; and any person taking said wood with such knowledge shall he liable for the amount of the tax. [L. 1914, ch. 598, sec. S (f).l IT 2.] Also in eases of sale or other conveyance of the classified land. — Not less than ten d.iys before I lie sale or conveyance of classified land upon which forest-product tax has accrued or has been assessed, the owner of (he land shall notify the assessors of the city or town in which the land is situated of the con- ic iiipl.ited transfer, and the assessors may. if they (livm it necessary to insure the collectiou of the tax, rcciuirc of the owner either a ca.sh deposit of the :iiiioiiiit of forest-product tax estimated to have ac- 1 lued or actually asse.ssed, or, at his option, a bond Willi good and sufficient sureties conditions upon the pa.Miient of the tax. [L. 1914, ch. 598, sec. 10.] ' See Table of Acts, on p. 21. 26. Portion of the tax paid to the State. In dctcniiiiiing the basis for the apportionment of slale and county ta.xes subsequent to the passage of this ;ut. the tax conuni.ssioner shall not include in the valuation of property subject to taxation in any lily or town, the valuation of trees slanding upon land ilassilicd under this act. Of the Whole amount of forest-jiroduct tax levied and assessed iu any city or town, ten jier cent shall be for the use of the Comraon- uealth, .-md the treasurer of each city or town shall, i".i or liefore the fifteenth day of November in each ye;ir. [lay to the treasurer and receiver general of the Commonwealth the said proportion of forest-product tax. [L. 1914. ch. 59S. sec. 15. J GENERAL DUTIES OF OFFICERS. 27. Tax commissioner and assessors,' inmutation-tax valuations (IV, 18a, b ) and forest-product tax valuations ( IV, 20« ; 10&, par. 1). [K 2.] Compensatlon.^For services rendered under the provisions of sections two,' seven,' eight,' and twelve,' the forest warden of a city or town shall receive from the city or town the compensation provided by section tweuty-three of chapter thirty-two of the Revised Laws.' [L. 1914, ch. .598, sec. 21.] FORESTRY RESTRICTIONS. 29. Seeding- or planting, in the absence of natural lestocking, required. a. On areas devoid of tree growth at time of elassiflcation — Time limit — Extension of time. — Owners of classified laud shall, within three years pfter the date of classification, seed or plant any i)arts of such tracts that are suitable for seeding or plant- ins and have not been naturally restocked: Provided, llial with the written approval of the state forester the time for seeding or planting may be extended. The state forester shall from time to time make regu- lations to insure such seeding or planting, which reg- ulations shall permit any approved forestry methods and shall not require the expenditure of more than ten dollars per acre. [L. 1914, ch. 598, sec. 17.] h. On areas subsequently cleared. — Whenever any area of classified laud equal to or in excess of three acres in extent is cleared of trees, the owner thereof shall either leave a suitable number of trees to pro- vide for the reseeding of the tract ; or shall, unless the land is naturally restocked within two years, re- seed or plant the land in accordance with the afore- ' See Table of Acts, on p. 21. I said regulations.' If the owuer shall elect to leave seed trees, and the land is not naturally restocked therefrom within a period of three years thereafter, the owner shall reseed or plant the laud or parts thereof, in accordance with the aforesaid reguhitious of the state forester.' In either of the above cases the state forester may extend the time for reseeding or planting. [L. 1914, ch. 598, sec. 18.] 30. Slash disposal required after cutting. When trees are cut from any classified land, the owner of the land shall make such disposition of the slash as may be required by such regulations as the state forester shall from time to time prescribe: Provided, That such regulations shall permit of any approved forestry methods. [L. 1914, ch. 598, sec. 19. i 31. Regulations by State forester concerning seeding, planting, and slash disposal. (f. Issued. — The state forester shall from time to time issue such regulations as are required by sec- tions seventeen aud niueteen of this act.^ and shall furnish copies thereof free of charge to the clerks, assessors aud forest wardens of the cities and towus of the Commonwealth and to such other persons as may apply therefor. [L. 1014. ch. 598, sec. 16.] b. Carried out by State forester in default of owner doing so — Owner liable for expenses. — If any owner of classified land fails to comply with the regulations of the state forester as to the seeding and planting of the land or disposal of slash re- quired under sections seventeen to nineteen, inclusive,' the state forester may cause the laud to he thus seeded or i>laiited or such slash to be disjiosed of, and the owner of the land shall be liable to the Com- monwealth for the expense thereof: Provided, That such planting shall not exceed in cost ten dollars per acre. IL. 1914, ch. .598, sec. 20.1 c. Penalty for noncompliance tlierewith is can- cellation of classification. — (For text, see IV. 11.) GENERAL PENALTY UNDER ACT. 32. Fine for violation of requirements. Any person violating any requirement of this act " for which no specific penalty is provided sh.tll be punished by a fine of not more tluiu one hunilrcd dol- lars. [L. 1914, ch. 598, sec. 23.] ' See sulisectioa a of this section. • See Table of .\cts on p. 21. STATE FORESTRY LAWS MASSACHUSETTS. TABLE OF ACTS. 21 Equivalent references' in Equivalent references' in statutory references. this compilation. (Serial 1.) Statutory references. this compilation. (Serial 1.) Coie. Session £ows— Continued. Rev. Laws, 1902, ch. 25, sec. 17 11,16. m. 9 (H 1); 12a (tl); 10a; Laws 1910, ch. 398 sec. 2 II, 14 (12). ch. 2S, sec. 23 ch. 478 Ii;22. 9(12). Laws 1911, ch. 244, sec. 3 11, 20e(12);ig6. 24 111,9 (footnote). ch. 722, sec. U 1(11).' II, 1 (12). 25 m, lla,6. 26 Ill, 126. II, 11. 27 ni, 106. Laws 1912, ch. 419, see. II, 23c. 28 Ill, 12a (12). 11,236(11). 29 Ill, 12i: (11). II, 200. 6(11), d (11), c. eh. 32, sec. 16 II, 2;4o. Ii;20d(12). ' 19 11,6*. ch. 577, sec. I.3c(11). 20 11,9(11). Laws 1913, eh. 564, see. Ill, llo, 6. 21 n,9(i2). Ill, 126. 22 II, 17 (footnote 3). Ill, 106. 23 II, 3a. in, 12c (11). 24 II, 19o. Ul,12c(12). 25 II, 17. ch. 600, sec. II, 2; 40. ch.20S,sec. 5 7 II,23o. 11,23c. it 236 (11). Laws 1914, ch. 101, see. 11,33. II, 34. 8 II, 35. 9 II, 236 (12). ch. 262, sec. 11,14(11). IV, i( Preamble), 0,6; 2. 124 11,21. ch. 598, sec. IV, 3 (ID; 4; So, 6. Session Laws. IV, 5c. IV, 5d: 6o, d, 6, c. Laws 1904, ch. 409, sec. 1 1, 1(11): 2; 9; 1(12). IV, 120. 2 I, 3 (Preamble), a (11), IV, 13. d; 10: 36, a (12). 7 Preamble. rv, 14 (Preamble). 3 4 I, 3c (11). 1,4. Subsec (a) (6) rv, 140. IV, 146. 5 1,7. c) IV, 14c. 6 1,6. (d) IV, 14d. Laws 1905, ch. 211, sec. 1 1,7. [/^ IV, 15. Laws 1906, ch.463,p.II,sec.247 II, 30a; 3L rv, 16. Laws 1907, ch. 299. II, 10. (9) IV, 18a. ch. 431, sec. 1 II,26a,6,c,d. (A IV, 186. 2 11,27. (■•) IV, 18c. 3 II, 32a. (i) IV, 19. 4 11, 326. 8 Preamble". IV, 20 (Preamble). 5 U, 28. Subsec (a) IV, 210. 6 11,29. (6) IV, 20a, 6. Ch. 473, see. 2 1,6. (c) IV, 23. ch. 475, sec. 2 II, r«:7: 1, U; 11,8:46. (d) IV, 22o: 216, c. 3 11,9(11). (f) IV, 24. 4 11,36. (/) IV, 250, 6 (11). 5 11,5. 9 IV, 8a, 6, c. li 11, 6C. 10 IV, 9: 256 (12). 7 11,23d. 11 IV, 17. 8 II, 15. 12 IV, 10a, 6(11,2),c, d. Laws I90S,ch. 209, .sec. 1 II, 20a, 6(11), d (ID, c. 13 IV, 27c. 2 11, 206 (12) 14 IV, 27a, 6. 3 II,20f (11). 11, 20. ch. 437, sec. 7 Laws 1915, ch. 162, sec. 1 111,9(11); 12o(1D;10o;9 Laws 1910, ch. 153, sec. 1 1,5. (12). ch. 398, sec. 1 U,14(11). ' References are given in the order in which the subject matter occurs in the original text. In reconstructing the text of any act herein compiled, bracketed mitter found introducing a section or paragraph should be ignored, since the material has already been presented elsewhere in its proper relition to the original text of the act being reconstructed. (See above, L. 1906, ch. 463, p. II, sec. 247.) WASHINGTON : OOTERNMBNT PRINTING OFPICB : 1916 Diitc of issue, June S, 1917 UNITED STATES DEPARTMENT OF AGRICULTURE FOREST SERVICE Henry S. Graves, Forester STATE FORESTRY LAWS A parallel classification showing the comparative progress of each Slate in forestry legislation NEW HAMPSHIRE (Serial 1— Through Reg. Sess.. 1915) ('(jmpiled in the Otlico of .State i'noperali'm liy .leimnie S. Peyton CONTENTS. Purpose of compilation I 'art I. — Administration Forestry commission State forester District chiefs Tart II.— Fire protection Forestry commission State forester District chiefs Forest fire wardens and deputy forest fire wardens. Fish and game wardens Other officials and citizens Expenditures State >. Towns, cities, and unincorporated places Kindling fires in the open Permit restrictions Other precautionary restrictions Part II— Continueil. Railroads Liability Erap!o5'ees Portable steam mills Compulsory brush and slash disposal Incident to lumbering Incident to pubi ic works Legal procedure Criniinal Civil Part III. — Public forests State forests Other State lands Lands acquired for purpose of reforestation. Mimicipal forests Part IV.— Taxation Rebate of taxes to encourage forest planting Table of nets PURPOSE OF COMPILATION. Information about the forestry laws of the various States, es|)oeially about those hiws (h^aUng; with certain spoeific probknns, is being demanded more and more; and requests for such information, coming from k>gislators, State administrative oHicers, forestry iissociations, forest schools, and other bodies and individuals, have led to tlie compilation, informally, of such State laws lus bear more or less directly on the practice of forestry. The purpose of the compilation, of whidi this serial is a part, is to make easy a comparative study of the laws of the different States and to further the development of practical forestry legislation. By the classification of the laws and parts of laws under the headings, "Admin- istration," "Fire Protection," "Public Forests," and ''Taxation,'' the comparison is sim]>li- fied, and the progress of each State, or lack of it, in these particulars is clearly shown. The better to accomplish this educational aim, the great ma-ss of timber and tree laws and those finer points of reference proper only to a legal or administrative maimal have been omitted. Boldface type indicates explanatory matter not a part of the text; italic indicates cross- references. In order to facilitate the work of reconstructing the acts and parts of acts herein compiled and analyzed, a Table of Acts is added, on page 13, showing the order in which the subject matter occurs in the text of the acts, in their present revised form. 88430—17 1 ^m STATE FORESTRY LAWS NEW HAMPSHIRE. PART I.— ADMINISTRATION. (This part comprises tlie provisions of law, if any, defining tlic general administrative duties of the regularly constituted State forestry officials-, also certain miscellaneous forestry provisions. For specific provisions, if any, concerning administrative duties of these or other State officers in connection with f irest fires. Stiite and niuniri|ial forests or other State lands, or forest taxation, see Parts II, 111, and \\ , respectively.) FORESTRY COMMISSION.' 1. Created — Personnel — Term of Office. On the fir.'it day nf May, 1009, tlie governor, with tlio advice of thP I'oimcil, shall appoint a forpstry commi.ssion of three inembers, one of whom shall hold office for one year, one lor two years, and one tor three years, and there- after shall appoint their successors for terms of three years each; [No compensation — Expenses. — ] the said commis- sioners to serve withrjiit compensation, but to receive for their legitimate expenses in the exercise of their duties such sums as the governor and council shall audit and ap- prove, to be paid from the treasury upon warrant of the governor. '[L. 1900, ch. 128, sec. ].] 2. Contracts with Nurserymen, in Behalf of Landowners, for Forest Tree Seeds and Seedlings. In order to facilitate the planting of trees as hereinliefore provided.^ the forestry commission is hereby authorized and directed to contract, without expense to the state, upon terms to be approved by the governor and council, with reputable nurserymen to provide, at a price to be determined upon, seeds and seedlings of timber or forest trees, to landowners for planting within this state in ac- cordance wth the terms of section 1 of tliis act.^ [L. 1903, ch. 124, sec. 3 [2].] Other Duties. Appoints State forester. (See I, 3 HI.) Supervises all forestry work. (See I, 4.) Approves employment of assistants by State forester. (See 1,5.) Reports biennially to the governor. (See I, 10.) Executive o.fficer of, is the State forester. (See I, 4.) STATE FORESTER. 3. Appointment — Term of Office — Salary and Expenses. H 1. The forestry commission shall appoint a state for- ester to serve at the will of the commissinn at a salary lo be fixed by them not exceeding .$2,500 a year. Traveling expenses. — H 2. * * * [he] shall Ije allowed reason- able travelipg field expenses and office expenses in the necessary performance of his official duties and * * * [L. 1909, ch. 128, sec. 2; * * *; L. 1913, ch. 1.59. sec. ].] 4. Acts as Executive Officer of the Forestry Commission. The state forester shall, under the supervision of the forestry commission, execute all matters pertaining to ' Certain nonforestry duties are also conferred upon the forestry com- mission in coimection with the tracts known as Cathedral and White Horse ledges. (See ch. 9, L. 1913, In volume of Session Laws.) 2 See IV, 1. ■' This provision appears to have fallen into disuse since the establish- ment of a State forest nursery provided more competent means of attain- ing the same ends. (See I, 9.) forestry within the jurisdiction of the state, and * * » [L. 1909, ch. 128, sec. 2; * * *; L. 1913, ch. 159, sec. l.J 5. Hires Assistants. * * * within the limits of the appropijiation, [he] may hire such field and office assistants as in the judgment of the commission is necessary for the proper execution of his duties, and * * * [L. 1909, ch. 128, sec. 2; * * *; L. 1913. ch. 1.59, sec. 1.] 6. Gives Courses in Forestry, and Conducts Exhibits at Fairs. He shall, as far as his oflier duties may permit, c^rry on an educational course of lectures witliin the state, and may conduct exhibits on forestry at fairs within the state. [L. 1909, ch. 128, sec. 2; * * *; L. 1913, ch. 159, sec. 1.] 7. Conducts Forestry Investigations, and Publishes Lit- erature on the Subject. He may, under the direction of the forestry commission, conduil investigations within the state on forestry matters and publLsh for distribution literature of scientific or general interest pertaining thereto. [L. 1909, ch. 128, sec. 2; * * *; L. 1913, ch. 1.59, sec. 1.] 8. Cooperates with the Following: a. With the Federal Government. — [The State forester] upon terms approved by the forestry commission, may enter into co-operation with departments of the federal government for the promotion of forestry work witliin the state. [L. 1909, ch. 128, sec. 2; * * *; L. 1913, ch. 159, sec. 1.] 6. With counties, towns, corporations and individuals. — Til. The state forester shall, upon request and whenever he deems it essential to the .best interest of the people of the state, co-operate with counties, towns, corporations, and individuals in preparing plans for the protection, management, atid replacement of trees, woodlots, and timber tracts, on consideration and under an agreement that the parties obtaining such assistance pay his field ex- penses wliile he is employed in preparing said plans. [L. 1909, ch. 128, sec. 3.] 1[2. The state forester, under the direction of the commission, may execute free of charge to counties, municipalities, and public institu- tions owning land suitable for reforestation, a planting plan for the reforestation of such land, and may furnish trees free of charge, arrange for and supervise the planting of such land and any other land suitable for reforestation owned or acquired by the state; provided, that in the case of land owned by cotmties or municipalities, the said counties or municipalities shall pay the cost of planting the trees furnished by the state, shall protect and care for them as recommended by the state forester, and, when required, shall furnish the state forester with information r i-iBfWRy OF congVsT STAl'E FORESTRY LAWS NEW HAMPSHIRE. PART I— Contd.) as to the condition and growth of the trees. [L. 1915, ch. 163, sec. 3.] c With the management of municipal forests. (See III, 9.) 9. Establishes and Maintains State Forest Nursery. Acquirement of land. The state fore.-iter, under the supervision of tlie forestry commission, is hereby empow- ered to acquire in the name of the state suitabh> land and maintain the same as a state forest nursery. Manage- ment. — He shall rai.se seedling trees of useful varieties for planting and shall, on terms approved by the commis- sion, sell said seedling trees to persons who desire to plant them within the state. He may under the super- vision of the commission enter into agreement with per- sons or institutions to grow seedling trees to be disposed of as above prescribed, if the commission deems it expedient 80 to do. [L. 1909, ch. 128, sec. 23; L. 1911, ch. 166, sec. 2.] Revenues reinvested in the nursery. — (See III, 3.) 10. Makes a Biennial Report, Recommendations, and Statement of Expenses, lie shall, under the direction of the forestry commis- sion, prepare biennially a report to the governor on the progress and condition of state forest work and recommend therein plans for improving llie state system of forest pro- tection, management, replacement and extension. Such report shall contain an itemized statement of all expenses incurred or authorized by tlie state forester or by the for- estry commission. (L. 1909, ch. 128, sec. 2; * * *; L. 1913, ch. 159., sec. l.j Other Duties. Directs and aids offirers and employees in generul forestry work. (See II, 2.) DISTRICT CHIEFS. Duties. Perform such duties in the protection, improvement and extension of forests, as the State forester and the forestry com- mission may direct. (See 11, 9.) PART IL— FIRE PROTECTION. (This part comprises the generul provisions oi law, it an.v, concerning ing protection of State-owned lands, see Part III. ) FORESTRY COMMISSION. Supervisory Duties. Directs the N tal^ forester us to the dirision of the State into fire districts. ( S ee 1 1 , 1 . ) Fixes il'ages and erpenses of the district chiefs. (See 11,8.) Fixes remuneration of forest fire wardens and deputy forest fire wardens, in conjunction with State forester. (See II, 11 .) Instructs wardens and other employees as to cooperating with railroad deputy forest fire wardens, and giving iiotife of. and combating fires alcmg railroad rights of nay. (See T 1 , 16.) Files complaint in cases of neglect or refusal of wardens or deputy wardens to perform duties. (See II, 19.) Acquires lands under power of eminent domain, for observ- atory sites and rights of way in connection with lookout sta- tio7is. (See II, 4c.) Assists public service commission in enforcing the railroad forest fire act.^ (See II, 6a.- 29.) Enforces requirements us to brush and slash disposal adja- cent to rights of way of railroads and highways. (See II, 35.) STATE FORESTER. 1. Divides the State into Fire Districts. The state forester .shall, under the direction of the for- estry commission, divide the state into not more than four fire districts, fixing the boundaries of such districts ac- cording to efficiency of super\'ision, and * * *. [L. 1909. ch. 128, sec. 6; * * *; L. 1913, ch. 159, sec. 2.] 2. Directs and Aids Forest Fire Officers in their Work. It shall be the duty of the state forester to direct, aid and cooperate with all district chiefs, forest fire wardens 1 L. 1913, ch. 155. (See table, on p. 13.) protectiim from forest tires. For locahzed jirovisions. if any, concern- and other employees of the state as provided for in lliis act' and see that they take such action as is authorized by law to prevent and extinguish forest fires and do other work wliich the forestry commission may undertake for the protection, improvement and extension of forests. (L. 1909. ch. 128. sec. 2; * * *; L. 1913. ch. 159, sec. l.J 3. Employs Various Means to Prevent and Extinguish Fires. Establishes supply stations for fire-fighting apparatus. — For the purpose of prevention of fire, the state forester may establish at advantageous points throughout the state supply stations for tools and apparatus used iu fire fighting and provisions necessary 1" men employed; [Makes maps for use of district chiefs, and wardens. — ] make proper map? for the use of (lislrict chiefs and forest fire wardens, [Builds fire trails and fire lines. — ] build fire trails and fire lines; [Employs patrolmen.— ] employ paid patrols at suitable points and at iiecessary times, and [Uses other means needed. — ] use other means as seem advisable to the commission within the limits of the appropriation. [L. 1909, ch. 128, sec. 2i;; 1.. 1911. ch. 166, 4. Acquires and Maintains Lookout Stations. a. Existing stations — Purchase of equipment.— The state forester, with the consent of tl;e forestry commis- sion, is empowered to purchase in the name of tlie state the equipment of the pre.sent mountain lookout stations and U) maintain such stations thereafter, and * * * b. Additional stations. — [The State forester, with the consent of the forestry commission, is empowered] to es- I See talile, on p. 13. STATE FORESTRY LAWS NEW HAMPSHIRE. I'ART Il-Contd.) tablish and maintain additional mountain lookout sta- tions connected by telephone lines to be used for the dis- covery and control of forest fires, and * * * c. Acquires, in connection with stations, observatory sites and rights of way, by gifts, purchase, or power of eminent domain —[The State forester] shall have the right to receive and hold in the name of the state gifts of land for obsei-vatory sites and rights of way for paths and telephone lines. If obsen-atory sites or right*! of way necessary for the maintenance and effective operation of InoK-dUt stations cannot be acquired by gift or purcha,se. the foieslry commission shall have the right to acquire the same under the power of eminent domain, [Determination of values.— ]and the value thereof shall be determined as in the case of lands taken for Inghways, with the same rights of appeal and i\n-y trial. [L. 1909, eh. 128, sec. 24; L. 1911. ch. Km, sec. -j. j (I. Cooperates with forestry departments of adjoining States in establishing and maintaining stations. — The state forester may co-operate with the forestry departments of the states of Maine, Massachusetts, and Vermont in the estaliUshment and maintenance jointly of lookout stations serving New Hampsliire ami any of the other said states. |L. 1909. ch. T2S. see. i\\ I,. 1911. ch. Kid. sec. 2; L. 1915, ch. 12, sec. 1,1 5. Calls Conferences of the Forest Fire Wardens, and Deputy Wardens, and Employees. \ 1. The state forester, under the directinu nf tiie for- estry commission, may call conferences of the forest fire wardens, deputy forest fire wardens, and other employees of the forestry department in different sections cjf the state for the purpo.se of impriAing the ,ser\ice. Secures attendance of expert foresters from without the State. — ^2. He may, with the consent of the forestry commission, s.^cure the attendance at such conferences of expert for- esters from without the state, * * * [L. 1909, ch. 128, sec. 25; L. 1911, ch. 16G, sec. 2; L. 1915. ch. 127, sec. 1.] 6. Assists Public Service Commission in Enforcing the Railroad Forest Fire Act.' a. Enters upon railroad or other property, when neces- sary-Reports to Public Service Commission. — The for- estry commission or its authorized agents shall have the right to enter upon railroad or other property to ascertain facts in regard to the carrying out of this act.' and from time to time shall report such facts to the jmblic seivice c(jmmis.sion. [L. 1913, ch. 155, sec. 5.] h. Furnishes information in cases concerning right of railroads to clear adjacent lands. (See II. 29.) Additional Duties. Appoints district chiefs. (See II, 7.) Appoints and removes forest fire wardens, and deputy for- est fire wardens: a. In towns and cities. (See II, 10a.) 6. In unincorporated places. (See II, 106.) c. In connection with railroad operations. (See II, 32.) Acts in conjunction with the forestry commission in fixing the remuneration of forest fire vardms and deputy vardens. (See II, 11.) Directs patrol of woods by forest fire wardens and deputy wardens. (See II, 12.) Audits and approves expense accounts of wardens and dep- uty wardens for preventing and fighting fires in unincorpo- rated places. (See II, 156.) Regulates waking of reports by forest fire icardens and dep- uty wardens. (See II, 18.) Enforces the use ofsparh arresters on portable steam mills. (See II, 34.) — Prescribes form for report upon examination of mills. (See II, 17.) Arrests violators without warrant, and lodges complaint against them. (See 11, 37a, 6.) Reports cases of violations of fire laws to the attorney gen- eral of the State. (See 1 1 , 38 . ) DISTRICT CHIEFS. 7. Appointment— Term of Office. [The State forester, under the direction of the forestry commission] may appoint a district chief in each [fire] dis- trict.' Said district chiefs shall serve at the will of the state forester and * * * [L. 1909, ch. 128, sec. 6; * * *; L. 1913, ch. 159, sec. 2.] 8. Wages and Expenses. [The district chiefs] shall be allowed stich wages and ex- penses as may be fixed by the forestry cpmraissiou within the limits of the appropriation. [L. 1909, ch. 128, sec. 6; * * *; L. 1913, ch. 159, sec. 2.] 9. Direct Wardens and Deputies, and Perform Other Duties. It shall be the duty of the district chief to assist the state forester in directing and aiding all forest fire wardens and deputy forest fire warden[s] in his district in the per- formance of their duties and to perform such duties as the state forester and forestry commission may direct in the protection, improvement, and exten.sion of forests. [L. 1909, ch. 128, sec. 6; * * *; L. 1913, ch. 159. sec. 2.] FOREST FIRE WARDENS AND DEPUTY FOREST FIRE WARDENS. 10. Appointment — Term of Office — Removal. ((, In towns and cities. — The selectmen of all town^ and the mayors of all cities shall, and other citizens may, as soon as may be, after this act takes effect, recommend to the state forester the names of such persons as may in their estimation be fit to fill the offices of forest fire warden and deputy forest fire warden in their respective towns and cities. After investigation the state forester may choose and appoint from the persons recommended, as above prescribed, not more than one competent person in each town or city to be the forest fire warden for said town or city and such deputy forest fire wardens as he deems necessary. Upon the appointment of a forest fire warden by the state forester in any town or city, the term of office ' Ij. 1913, ell. 1.5.';. (See table, on p. 13.) I See n, 1. STATE FORESTRY LAWS NEW HAMPSHIRE. PART II— Contd.I of the forest fire warden tlien or theretofore arting in said city or t*)wn shall immediately cease and the new ap- pointee or appointees shall thereafter serve for one year, or until a successor is appointed as hereinbefore provided. The state forester shall have the power Iti the exercise of his discretion, to remove any forest lire warden or deputy forest fire warden from office. Upon tlie termination in any manner of the term of office of any forest fire warden or deputy forest fire warden, a successor shall be ap- pointed in the manner hereinbefore provided for the appointment of such officers originally. [L. 1909, ch. 128, sec. 4; L. 1!)11, ch. l(i(i, sec. 1.] 6. In unincorporated places. — In unincorporated places the state forester may appoint a forest fire warden and one or more deputy forest fire wardens [Duties and powers same as those of town forest fire wardens. — ] to have the same powers and the same duties as the town forest fire wardens. When so appointed by the state forester, said forest fire wardens and deputy forest fire wardens shall succeed the present incumbent or incumbents, if any. The state forester shall have the power to remove said forest fire wardens and deputy forest fire wardens from ofiice, at his discretion. [L. 1909, ch. 128, see. 5; L. 1911, ch. 166, sec. 1.] c. In connection with railroad operations. — (See II, 32.) 11. Remuneration Fixed by Forestry Commission and State Forester. Forest fire wardens and deputy forest fire wardens in towns and unincorporated places shall be allowed for their services such remuneration as may be fixed by the forestry commission and the state forester. [L. 1909, ch. 128, sec. 7: L. 1911, ch. 166, sec. 1.] 12. Patrol the Woods, and Warn Campers and Others. Forest (ire wardens and deputy forest fire wardens, them- selves, or some agent or agents designated by them, shall, when directed by the state forester, patrol the woods in their respective cities or towns,' warning persons who traverse the woods, campers, hunters, fishermen and others, about lighting and extinguishing fires. [L. 1909, ch. 128, sec. 4; L. 1911, ch. 166, sec. 1.] 13. Post Fire Notices. They sliall post extracts from the fire laws, and other notices sent them by the state forester, along the highways, along streams and waters frequented by tourists and others, at camp sites, and in other puliUc places. [L. 1909, ch. 128, sec. 4; L. 1911. ch. 166, sec. 1.] 14. Extinguish Fires. Til. It shall be the duty of the forest fire wartlen and dep- uty fire warden to extinguish all brush and forest fires occuring inhis town, [Impress assistance and property. — ] and either of them may call such assistance as he deems 1 Including by inference unincorporated places, since the fire wardens and deputy wardens there are clothed with the same powers and duties as wardens elsewhere. 88436—17 2 necessary to assist him in so doing, and may require the use of wagons, tools, horses, etc., for that purpose, but such authority .shall not interfere with the authority t, upon complaint of the forestry commission [Paid into State Treasury.- | and all forfeitures so recovei-ed shall be paid into the state treasury. [L. 1909, ch. 128, .see. 17: L. 1911, ch. Kiti, sec. 1.] Additional Duties. Issur permits for: Kindliwj fires or burnini/ brush in. or near woodlands when [iround not covered with snow. (See 11, 236.) Kindlinri fires on public lands. (See II. 23a.) Burriincj slash on lands adjacent to rights of way of rail- roads and public hiiihways. (See II, 35.) Burninri trees or brush within hiijhway limits. (See II, 36c.) Arrest violators, without warrant, and brbxj them before a justice. (See II, 37a, 6.) Report to State forester the drcumstatices of violation when persons are not taheyi in the act. (See II, 38.) File romjdiiint ai/iiinst parties who, upon discoverimi forest or brash fires, fail to e.rtiivinlsh or report them. (See II, 39.) Travellinri expenses allowed irhen altendim! forest fire con- ferences. (See II, 22 Til.) FISH AND GAME WARDENS. 20. Fire Duties. a. Caution persons as to danger of causing fires in for- ests. — It shall be the duty of all such wardens while in and about the forests, to cauticJn per.sons of the danger from fires in the forests, and to extinguish a fire left burning if in their power. b. Give timely notice, to parties affected and to town forest fire wardens, of fires beyond control. — It shall be their duty to give notice to all parties interested when possilile, and to the forest fire warden of the town intorested in particular, of fires threatening to extend beyond control. c. Exercise powers of town forest fire wardens, pending his arrival. — Pending the arrival of such fire warden, they shall assume all the powers of such wardens as provided by statute, [h. 1915, ch. 133, sec. 09.] OTHER OFFICIALS AND CITIZENS. Patrolmen. Employed by State forester. (See II', 3.) Wardens and deputy wardens, or agents demijnated by them, serve as. (See II, 12.) Railroad employees oriianizcd to maintain a systcnt of patrol. (See II, 27.) Fire-fighting laborers. Impressed by wardens and deputy n'ardens. (See II, 14 HI.) Penalty for refusinri to assist, or allow use of property. (See II, 14 HI.) Compensation for property used. (See II, 14 112.) Compensated for services. (See II, 14 T13, footnote.) STATE FORESTRY LAWS NEW HAMPSHIRE. PART II— Com d.) Selectmen of towns and mayors of cities. Recommend appointment of wardens anddepuly irardens in t mens and cities. (See II, lOa.) Audit and approve forest Jire expense accounts of irnrdens and deputy wardens in tojitis and cities. (See II, 1 ■")«.) Governor. Proctaiins close season for huntiitij durintj season ofdrouijht. (Si-e II, 24.) Public service commission. Enforces railroad Jire prorisions. (See 11. 25 112.) Expert foresters from without the State. Attend conferences of forest fire wardens. (See II, 5 112.) Travelling expenses paid by the State. (See II, 22 112.) EXPENDITURES. STATK. 21. Pays One-Half the Cost of Preventing and Fighting Forest Fires. a. In towns and cities. — The expcii.scs of fighting iVircst. Hud lirush fires in lowns and cities and other expenses lawfully incurred by forest fire wardens and deputy forest lire wardens of said towns and cities in preventing forest fires, shall be borne equally by the town or city and by the state. [L. 1900, cli. 128, sec. 9: L. 1911. oh. KiG, sec. 1.] b. In unincorporated places. — (See 11, 156.) c. Method of payment. — See II, 15a, 6.) 22. Pays Travelling Expenses of Forestry Officials and Experts Attending Forest Fire Conferences. "II. Those summoned by the state forester [to forest fire conferences '] shall be allowed their traveling expenses in attending such conferences. 1T2. * * * the said experts- to be paid their necessary traveling expenses. [L. 1909, ch. 128. sec. 25; L. 1911, ch. 166, sec. 2; L. 1915, ch. 127, sec. 1.] Other Payments. I'ays, out of the fish and game fund, costs of publishing and posting proclamations suspending open season for hunting during time of drought. (See II, 24 1j3.) TOWNS. CITIES. AND UNlNCORPOKATEl) PLACES. Towns and Cities. J'ay one-half of the costs of prereniing and fighting forest fres. (See II. 21a.) .Make initial payment of ivholr amount. (See II, 15a.) Unincorporated Places. I'ay. Indirectly, through a tar, one-half of the costs of pre- venting UTui fighting forest fires. (See II, 15i.) I See II, 5 tl. ' See II, 3 112. KINDLING FIRES IN THE OPEN. PERMIT RESTRICTIONS. 23. Camp Fires and all other Fires in the Open. a. On any public or private land, except with the con- sent of the custodian.— No per.-ion shall kindle a lire upon pul)lic land without pernii.ssi(jn first had from the forestry cominissioii. state forester, district chief [.| forest firit warden, deputy forest fire warden, or from the official care- taker of such public land. No person shall kindle a fire upon the laud of another without penuission first had from the owner thereof or from the owner's agent. [L. 1909. ch. 128, sec. 12; L. 1911. ch. 166, sec. 1.) b. On or near all forest lands, except with the consent of a forest fire warden, or when ground is covered with snow.— No person shall kindle a lire or Inini brush in or near wooiUand. except when the ground is covered with snow,' without the written permission of the forest fire warden, or the presence of the forest fire warden or person appointed to represent him. [L. 1909. ch. 128, sec. 13; * * *; L. 1915, ch. 142. sec. 1.) c. Penalties: 1|1. For setting fires without consent of owner and of forest fire warden.— Fires kindled by throw- ing down a lighted match, cigar, or other burning sub- stance, shall be deemed within the provisions of sections 12 - and V.i,' and every persim violating any pi-ovision of said sections shall be fined not more than two hundred dollars, or imprisoned not more than sixty days, or both. [L. 1909, ch. 128, sec. 14.] f2. For faUlng to extinguish fires. — Whoever by himself or by lii.s ser\ant, agent or guide, or as the serv-ant. agent or guide of any other per- son, shall build a camj), cooking, or othei- fire, or use an abandoned camp, cooking, or other fire in any, or adjacent to any. woods in this state, shall liefore leaving said fire totally extinguish the same, and upon failure to do so such person shall be punished by a line not exceeding fifty dollars. Exception: (Fires on sea hesicli).— Provided that such fires built upon the sea beach in such situation that they cannot spi-ead into forest, wood or cultivated laud, or meadows, shall not be construed as prohibited by this act. [L. 1911. ch. 151. sec. l.| OTHER PRECAUTIONARY RESTRICTIONS. 24. Close Season for Hunting May be Proclaimed During Season of Drought. 'I. Whe'uever during an open season for hunting it shall appear to the gfivernor that by reason of drought the use of firearms in forests is liable t<) cause forest fires, he may by proclamation suspend such open season for such lime as he nuiy design;ite. \L. 1915, cli. V.ia, sec. 10 (a).] Laws for close season in force, and an additional penalty imposed for shooting animals not included there- under. — H 2. During the time which shall by such proc- • See also .special brush and .slash disposal provisions in II, 35; 36. * See subsec. a. ' See subsec. b. STATE FORESTRY LAWS NEW HAMPSHIRE. PART II— Contd.] lamatiou be made a close season, all provisions of law cov- ering and relating to the close season shall be in force, and a person violating a provision of the same shall be subject to the penalties therein prescribed. A person who, during the close season fixed liy the governor as provided in the preceding paragraph, shoots a wild ani- mal or bird, for the hunting of which there is no close Season otherwise provided by law, shall be fined not ex- ceeding fifty dollars, [L, 1915, ch. 133, sec. 10 (b).] Pub- lication and posting of proclamation — Copy to fish and game commissioners- Payment of expenses. — '13. Such proclaniation shall lie published in such newspapers of the state and posted in such places and in such manner as the governor may order. A copy of such proclamation and order shall be furnished to the commission [fish and game commissioners], who shall attend to the publication and posting thereof. The expenses of such publication and posting shall be paid out of the fish and game fund.' [L. 1915, ch. 133, sec. 10 (c).] RAILROADS. 25. Equip Locomotives with Approved Spark Arresters and Ash Pans, and Require Employees to Main- tain Them in Good Condition. p. Every railroad company or corporation operating locomotives within the state shall, subject to the approval of the public service commission, equip and maintain in good condition a spark arrester and a siutable a.sh pan on every engine, [Exceptions: Oil and electric engines. — ] except such engines as are operated by oil or electricity; and shall require its employees operating such engines to exercise due care to keep such devices in good order and to prevent the escape of live coals or sparks which may cause fires along the right of way; and * * * Compliance enforced by public service commission. — 112. In carrying out this section, the public sei-vice com- mission may serve orders and eiuorce compliance with such orders as provided in chapter 164, Laws of 1911,* and amendments thereto. [L. 1913, ch. 155, sec. 1.] 26. Issue Instructions to Employees on Fire Prevention and Extinguishment. Railroad compaiucs shall promulgate among their em- ployees instructions for the prevention and extinguish- ment of fires along the right of way; and * * * [L. 1913, ch. 155, sec. 3.] 27. Organize and Maintain System of Patrol, through Railroad Deputies or Other Officials, During Dan- ger Seasons. [Railroad companies] shall, through the railroaxl depu- ties or other officials, organize and maintain a system of 1 These provisions in the fish and game act (L. 191.5, ch. 133) appear to have replaced the earlier provisions contained in L. 1909, ch. 59. ' Act establishing a pubUc service commission. {See volume of Ses- sion Laws.) patrol during dry weather along the sections of its right of way where there ie danger of liie. Failure to patrol, not evidence of negligence to debar railroads from insurance on property. — The fact that a section of the right of way was not patrolled shall not be admissible as evidence of negligence to debar such railroad from insurance on prop- erty, as provided in chapter 159 of the Public Statutes." [L. 1913, ch, 155, see, 3,] 28, Make and Enforce Regulations for Signalling and Notifying Employees about Fires. [Every railroad company or corporation operating loco- motives within the State] shall[,] subject to the approval of the public service commission, make and enforce regula- tions for the giving of fire signals and notifications of the existence and location of tires along the right of way to its employees, [L, 1913, ch, 155, sec. 1.] Compliance en- forced by public service commission. — (See II, 25 12.) 29. Enter upon and Clear Adjacent Forest or Brush Lands. Railroad companies shall have the right, subject to the provisions of tlii^ section, to enter upon forest or brush land adjacent to the right of way, without liability for trespass, for the purpose of clearing brush, grass and in- flammable material from such land for a distance of twenty- five feet from the railroad right of way. [Compensation to owner. — ] but shall not remove valualde timber growth without recompense to the owner. Notice required. — Prior to making such a clearing, the raih-oad company shall give the owner thereof notice of its intention by letter deposited in the United States mail to his last known address, and thereafter by puldishing said notice at least once in two papers of general circulation in the county. Said notice shall quote section 4 of this act. Failure of owner to file objections, deemed consent. — If the owner shall not file an objection to such clearing with the public service commission within fifteen days from the date of such publication, he shall be deemed to have given consent. Public service commission determines case, upon a hearing, when objections are filed. — Upon the filing of such an objection by an owner, the publ'c service commission shall notify the owner the time and place when he may appear to show cause why such clearing should not be done. After a hearing, the public service commission may sustain the objection or permit the clear- ing to he done and may prescribe the extent and methods of any and all such clearings. May secure assistance from forestry commission and State forester. — The public semice commission may recjuire tlie assistance of the for- estry commission and the state forester in furnishing in- foi-mation pertinent to the carrying out of this section.* [L. 1913, ch. 155, sec. 4.] 1 See II, 31. ' In view of the pro^sions in II, 29; 35, the taking of lands or of rights and easements therein, by railroads, for piu-poses of fire protection, under sec. 2 of the Public Service Commission act, is rendered practi- cally unnecessary. (See ch. 125, Jj. 1913, in volume of Session Laws.) STATE FORESTRY I.AWS NEW HAMPSHIRE. PART II— Contdl LIABILITY. Ciiminal. (See II, Le^l Procedure — Criminal, on p. 10.) 30. Civil. a. For fire-fighting costs.— All jusl and proper ex- pense.s ineurred in extinguisliing forest or brush fires caused liy the railroad company or its employees shall be paid by such railroad company; [Payment, not evidence of company's liability. — ] but the fact that such payment ha.s been maile .shall not be admissilile as evidence that such fire wa.- so caused. [L. 1913, ch. 155, sec. 2.] 6. For fire damages to person or property.— The proprie- tors of every railroad shall be liable for all damages to any person or property by lire or steam from any locomotive or other engine upon their road. [R. S. 1842, ch. 142, sec. 8; * * *; Pub. Stat., 1900, ch. 1.59, sec. 29.] 31. Insurable Interest in Property Exposed to Injury along Their Routes. a. Insurance effected by the company. — Sucli proprie- tors [pi-oprietors of every railroad] shall ha\ e an insuralile interest in all property situate upon the line of their road which is exposed to such damage, ami they may effect insurance thereon for their own benefit. [R. S. 1842, ch. 142, sec. 9; * * *; Pub. Stat., 1900, ch. 159, sec. 30.] 6. Insurance effected by the owner. — Such proprietors sliall 1)0 enlitled to the Ijenelit of any insurance effected upon such property by the owner thereof, less the cost of premium anil of expense of recovery. Method of recov- ery. — The insvirance shall be deducted from the damages if recovered before the damages are assessed, or if not, the policy shall be assigned to the proprietors, who may main- tain an action thereon. [L. 1861, ch. 2489, sec. 1; * * *. Pub. Stat., 1900, ch. 159, sec. 31.] EMPLOYEES. 32. Section Foremen and Others Appointed Deputy Forest Fire Wardens. The state forester is hereby authorized to appoint as deputy forest fire wardens the section foremen or such other railroad employees as the authorised officials of the rail- road may recommend. [L. 1913, cli. 155, sec 2.| 33. Powers and Duties. Same as forest fire wardens', with modifications. — p. Such deputies when so appointed shall lie nested with the powers and duties of deputy forest-fire wardens as jMovided in chapter 128, Laws of 1909, and amendments thereto,' except as such powei's and duties are limited or extended by this act.' Railroad deputies thus appointed shall ex- tinguish and supersise the fighting of forest and brush fires originating along the rai Iroad right of way. [Attendance on fires limited to those along the railroad right of way. — ] but shall not be required to supervise the fighting of fires ' See table, on p. 13. which do not originate along the right of way. * * * Take prompt action in case of fires. — 1J2. A railroad deputy who receives notice of the existence of a fire adjacent to the right of way shall proceed forthwith to extinguish it. [L. 1913, ch. 155, sec. 2.] PORTABLE STEAM MILLS. 34. Required to be Equipped with Approved Spark Arresters Exceptwhen Ground is Covered with Snow. 1)1. No pei-son, except when the ground is covered with snow, shall operate any portable steam-mill unless the same is provided with a suitable spark arrester, approved by the state forester. Approval and revocation must be in writing, and signed by State forester. -Siuh approval shall be in writing, signed by the fcjrester, and said approval may be revoked by the state forester in the same manner. [L. 1911, ch. 95, sec. 1.] Penalty. — T2. Any person oper- ating a portable steam-mill when the ground is not covered with snow, without a suitable spark arrester and the ap- proval of the state forester, as herein provided, and any owner or part owner of said mill knowingly permitting its operation, shall be fined not less than fifty dollars and not more than one hundred dollars. |L. 1911, cli. 95. sec. 3.] Subject to examination by State forester. — 1|3. It .shall be the duty of the state forester to examine all portable steam- mills, or cause them to be examined, whenever he deems it necessary, to determine whether they are provided with suitable spark arresters, and whether the same are kept in constant use, as provided for in section 1 of this act,' [L. 1911, ch. 95, sec. 2.] Examination and report made by town forest fire wardens, upon request from State for- ester. — (See II, 17.) COMPULSORY BRUSH .\ND SLASH DISPOSAL. INCIDENT TO LUMBERING. 35. Adjacent to Rights of Way of Steam or Electric Bail- road, or Pubjic Highway. On and after July 1, 1915, any pereon, firm or corpora- tion cutting wood or lumber on property adjacent to the right of way of any steam or electric railroad or public highway shall dispose of the slash caused by such cutting in such a manner that the inflammable material shall not remain on the ground within forty (40) feet of the right of way of any steam railroad, or within twenty (20) feet of the right of way of any electric railroad or the traveled part of any pubUc highway. Penalty — Limitation of time lor disposing of material. — .\ny operator of wood or timber on such land, or any owner of such laud where cutting is done, may be fined not more than ten dollars for each acre of such land or fraction thereof from which the inflammable material is not properly disposed of within sixty days from the cutting of the trees thereon; provided, that any owner or operator who cuts wood or timlier during the winter, after November 1, shall have until May 1 in Grafton, Can-oil and Coos counties, and until April 1 in other ' See HI of this section. 10 STATE FORESTRY LAWS NEW HAMPSHIRE. PART II— Contd.) counties, to remove the slash in acconUxnce with the pro- visions of this section. Permit from town forest fire warden required for burning slash. — If such slash is destroyed by burning, such burning shall be done with the permission of the town forest fire warden. Forestry Commission charged with execution of provisions. — The Forestry Com- mission is hereby cliarged with the execution of this sec- tion. Liability of owners or operators. — All owners or operators shall be I'Cf) aired U^ use due care in clearing such land, and shall not lie relieved of Liability for damage im- posed by chapter 128, Laws of 1909, and amendments thereto;' but no owner of such land shall be liable for damages resulting from fires not set by himself or his agents. [L. 1913, ch. 155, sec. (i; L. 1915, ch. 100, sec. 1.] INCIDENT TO PUBLIC WORKS. 36. Within Highway Limits. a. Local administrative officers have jurisdiction over disposal, other than by burning, on other than State high- ways. — Mayors of cities, selectmen of towns, and county commissioners for unincorporated places, shall annually during the months of August or September, and at other times when advisable, cause to be cut and disposed of from within the limits of the highway, all trees and bushes that cause damage to the highway, traveling public, or that are objectionable from the material or artistic stand- point. * * * b. State highway department has jurisdiction over dis- posal other than by burning, on State and trunk-line high- ways. — On all state ruad.s and trunk-line highways the plan of carrying out the provisions of this act shall be under the supervision of the State Highway Department. Said department shall make such rules and regulations for the purpose of carrying out the provisions of this act as shall, in its judgment, seem for the best interests of the state. c. Forest fire wardens have jurisdiction over disposal by burning on all classes of highways. — Whenever any trees or brush cut along the highway are disposed of by burning, the cut trees or brush shall be removed a safe distance from any adjoining woodland or from any tree or hedge designated or desirable for preservation, and such burning shall be done with the pei-mission of the forest fire warden. Limitation of time. — All trees or brush thus cut from within the limits of the highway shall be disposed of within 30 days from the cutting thereof. [L. 1901, ch. 98, sec. 7; * * *; L. 1915, ch. 138, sec. 1.] d. Penalty. — Persons violating any of the provisions of this act shall forfeit not less than five nor more than one hundred dollars, to be recovered in an action of debt by the tree warden or any other person for the benefit of the town or city in which the tree is situated, or be fined not less than five or more than one hundred dollars. [L. 1901 , ch. 98, sec. 8. 1 ' Seie tatjle, on p. 13. LEGAL PROCEDURE. CRIMINAL. 37. Officials Arrest, without Warrant, when Persons are Taken in the Act of Violating the Following: a. Any law for the protection of forest lands. — The state forester, or the foi-est fire warden, or the deputy forest fire warden, may aiTest, without a warrant, any person or per- sons taken by him in the act of violating any of the laws for the protection of fcn'cst lands, and bring such person or persons forthwith before a justice of the peace or other justice having jurisdiction, [Justices dispose of cases. — ] who shall proceed without delay to dispose of the matter as justice may require. [L. 1909, ch. 12S. .sec. 15; L. 1911. ch. 16(i, sec. 1.] b. Any order or warning concerning the kindling and extinguishment of fires on the lands of another. — It, in or near wooillands. any person, other tlian the owner of said land or his agents acting under his direction, shall build a fire when warned not to do so by an authorized official, or shall fail to extinguish a fire when ordered to do so by an authorized (pfficial, he niay Ije arrested by such official without a warrant. [L. 1909. ch. 128, sec. 4: L. 1911, ch. lG(i, sec. 1. 1 38. Officials Report to State Forester the Circumstances of Violations when Persons are not Taken in the Act. If a warden has any reason to believe that any forest or brush fire in his city or town was caused in violation of statute he shall report to the state forester all the facts coming within his knowledge. State forester lays facts before attorney general of the State. — The state forester may then bring the facts before the attorney general of the state, [Attorney general takes action to recover pen- alty. — ] who if the facts as reported to him seem to be suf- ficient, shall take action to recover the penalty fixed by statute for such violation. [L. 1909. ch. 128. sec. 11; L. 1911, ch. 1G6. sec. 1.] 39. Officials Enter Complaint Against Persons Liable to a Fine for Failure to Extinguish or Report Fires. It shall be the duty of any person wdio discoveis a forest or brush fire not under control or supenision of some per- son to extinguish it or report it immediately to the forest fire warden or deputy forest fire warden or official in charge of forest protection, and failure so to do shall be punished by a forfeiture not exceeding ten dollars to be recovered upon the complaint of the warden. [L.1909, ch. 128, sec. 18; L. 1911. ch. Ififi, sec. 1.] 40. Fines Under Forestry Act Paid into State Treasury as a Special Fund for Prevention and Suppression of Forest Fires. All moneys received from lines imposed under and by virtue of the provisions of this act' shall be paid to the state treasurer and kept by him as a separate fund, [Paid 1 See table, on p. 13. STATE FORESTRY LAWS NEW HAMPSHIRE. 11 PART II— ronld.l out on requisition of State forester. — J tii be paid out by him upon the ix'ciuisitioii of tlie state forester, for use in coniioclion with the prevention and suppression of forest lires. |L. 1900, (li. 12S, se.-. l'.); L. 1911. eh. 16fi, see. I.| Forfeitures paid into State treasury. — (See II, 19.) CIVIL. 41. For Permitting Fire to Spread to Lands of Another. Every person who sliall .-^ol tire on any land, that shall run upon the land of any other jierson, shall pay to the owner all damages done liy such (ire. [L, !!)()!), een presented elsewhere in its proper relation lo the original text of the act being reconstructed. (See above, L. 1913, ch. 155, sec. 1; II, 28.) " 2 Temporary appropriation. ^ Repealing clause. H .\SHINGTON : fiOVEKX.MEXT PKIXTIXG OFFICE : 1917 Misc. S— 25. Forestry Laws Leaflet No. 21. Date ol Issue December 31, 1917. United States Department of Agriculture FOREST SERVICE Henry S. Graves, Forester STATE FORESTRY LAWS A parallel classification shuwinj! the comparative progress or each Stale in forestry legislation COLORADO (Serial 1— Through Reg. Sess., 1917) Compiled in the Office of State Cooperation by Jeannie S. Peyton CONTENTS. Purpose of compilation'. 1 Part 11 — Coutiuued. Part I.— Administration 2 Distribution of costs of tu-i State board of agriculture 2 | State State board of forestry 2 j Counties State forester Part II .— Firo protection State forester Other State ollicials with incidental fire duties ShorifTs Constables State game and fish commissioner and wardens Game and forest wardens Deputy appraisers Land appraisers Board of county commissioners Federal forest officers and timber olTiccrs Kindling fires in the open Prohibitive restrictions Railroads General requirements Liability Compulsory brush and slash disposal. Incident to lumbering Legal procedure Criminal Civil Part III.— Public forests Part IV.— Taxation Tabic of Arts PURPOSE OF COMPILATION. The compilation of which this leaflet is but a part aims to meet a manif(>st need of the times for a work of reference by means of which the legislation imderlymg the forestiy activities of the various States can readily bo studied and compared. To this end, only such of the State laws as bear more or less directly upon the practice of forestry ar§ here compiled, to the exclusion of all other laws concerning timber and trees, of all detailed forest insect and fungus provisions (which, while germane to forestry, usuall}' arise from acute local conditions, and arc not of general interest), as well as of aU amiual or biennial appropriations, and other similarly transitory' provisions. Succeeding issues of eacli State leaflet, to form a separate series for each State, will serve to keep these fimdamental laws up to date and free from encumbrance by obsolete provisions. The laws themselves have been analyzed and classified, in detail, to show the activities of the various officers and governing bodies, as these bear cm "Administration," "Fire Prot3Ction," "Pubhc Forests," and "Taxation," the text being skeletonized in blackface type, and copiously cross-referenced, in italic, to aid the rapid sensing of the entire legi.slation or of any particidar part of it: A Table of Acts is appended to this leaflet for the benefit of anj'^ who do not have access to the original enactments from which the provisions used m the com- pilation were taken, and who desire to reconstruct them. STATE FOEESTEY LAWS — COLOEADO. PART L— ADMINISTRATION. ^r:,^ (This part comprises the provisions of law, if any, defining the general administrative duties of the regularly constituted State forestry ofllclala; also certain miscellaneous forestry provisions. For specific provisions, it any, concerning administrative duties of these or other Stale officers in connection with forest fires, State and municipal forests or other State lands, or forest taxation, see Parts 11, III, and IV, respectively.) STATE BOARD OF AGRICULTURE. Authority as State Board of 1. Vested with Forestry. That the State Board of Agriculture shall have, and hereby is vested with authority, in addition to and in connection with its duties heretofore provided, as a State Board of Forestry, and * * *. [L. 1911, eh. 138, sec. 1; Mills An. Stat., 1912, sec. 2986.] 2. Furnishes Office and Equipment for State For- ester, and Necessary Assistance. The State Board of Agriculture is further hereby author- ized to furnish the necessary office, furniture, oflSce sup- phes, stamps and postage, and office and field equipment, and such necessary assistance as may be required for the proper conduct of the office of State Forester.' [L. 1911, ch. 138, sec. 1; Mills An. Stat., 1912, sec. 2986.] 3. Additional Duties. Appoints State forester, and determines Ms term of office. (See I, 4.) Fixes salary of State forester. (See I, 5.) STATE BOARD OF FORESTRY. (For establishment of board, see ' 'State Board of Agricul- ture," I, 1;2.) STATE FORESTER. 4. AppoiTftment — Term of Office. * * * the said The State Board of Agriculture is hereby given authority to appoint an officer to be known as the State Forester. The incumbent in said office to be the professor or instructor of forestry at The State Agricul- tural College, said State Forester to hold office at the will of the State Board of Agriculture and except as herein- after provided, to be under the control of The State Board of Agriculture. [L. 1911, ch. 138, sec. 1; Mills An. Stat., 1912, sec. 298G.] 5. Salary Fixed by State Board of Agricultvire — Limitation of Amount. The State Forester shall receive a reasonable salary, to be fixed by the State Board of Agriculture, not to exceed $2,500.00 per year, which sum shall include his salary as professor or instructor of Forestry at the State Agricultural College, and shall be paid out of the money hereby appropriated.^ [L. 1911, ch. 138, sec. 2; Mills An. Stat., 1912, sec. 2987.] 6. Manages State Forests, if Any. It shall be the duty of the State Forester to direct the management of State Forest Reserves, if any; * * * [L. 1911, Ch. 138, sec. 3; Mills An. Stat., 1912, sec. 2988.] ' The state board of agriculture is charged, independently, with th; management of a school of horticulture, forestry, and vocational learn, jng, at the Grand Junction Indian School, in Mesa county. Colorado (see sees. lOl, 102, Mills An. Stat., 1912); and the Secretary of the board is also required to "address circulars to societies and (he best practical farmers in the state and elsewhere, with the view of eliciting informa- tion upon * * * the culture of * * * trees, etc., adapted to soil and climate of this state" [Colorado); and to distribute, for cultivation and report thereon, such trees as he may seniro. (See sees. 60, 61, Mills An. Stat., 1912.) ' See p. 6, footnote 3. 7. Studies Conditions for Preserving and Growing Forests. [It shall be the duty of the state forester] to study tho best conditions for preserving and growing of trees and forests. [L. 1911, ch. 138, sec. 3; Mills An. Stat., 1912, sec. 2988.] 8. Collects and Publishes Forest Data. [It shall be the duty of the state forester] to collect and pubhsh all data relative to the forests and other timber growing in the State. [L. 1911, ch. 138, sec. 3; Mills An. Stat., 1912, sec. 2988.] 9. Cooperates with the Following: a. TJ. S. Forest Service. — [It shall bo tho duty of the state forester] to cooperate, so far as is practical, with the Department of Forestry of the United States Government; * * * [L. 1911, ch. 138, sec. 3; Mills An. Stat., 1912, sec. 2988.] 6. State hoard of land commissioners in the matter of granting permits to cut timber on State lands. — The State Forester shall cooperate with the State Board of Land Commissioners in the matter of granting of permits for cutting timber upon State lands, giving them data con- cerning Ihe proper timber to be cut and the proper method of cutting and removing the timber and the removal of tho strippings and ad\dsing tho State Board of Land Commissioners concerning any matters of importance relative to the removal of the timber and the replanting and reforestation of State lands, but nothing herein con- tained shall be construed as amending the law at present existing ' giving the State Board of Land Commissioners authority in said matter. [L. 1911, ch. 138, sec. 4; Mills An. Stat., 1912, sec. 2989.] e. Individuals, associations, corporations, towns, or cities, at their expense. — The State forester may advise or assist any individual, indiWduals, association or corporations, towns or cities, and examine any tract of land that it may be desired to devote to the growing of trees or forests, to ad\'ise as to the planting thereof and the protection, preservation or reforestation of any private lands under an agreement with (he owners of such land, whereby (he owner or o\vners of such land shall pay to the State Board of Agriculture a sum equal to the total expense of the State Forester or such assistants as may be ap- pointed tor said purpo.se. [L. 1911, ch. 138, sec. 6; Mills An. Stat., 1912, sec. 2991.] 10. Prosecutes Violatoi-s for Cutting or Destroy- ing Timber. [It shall be the duty of the state forester * * * to prosecute violation of all laws pertaining to * * * ] the cutting or destruction of timber in the State, * * *. [L. 1911, ch. 138, sec. S; Mills An. Stat., 1912, sec. 2993.] 11. Reports Derelictions on Part of State Officers Concerning Timber or Forests. [It shall be the duty of the state forester to * * * report to the proper authority any violation or derenction on the part of any officer or officers of the State * » » ] i Ij. 1901, ch. I LI ^^__, , (See Table of Acts on p. 9. For law, in full, see STATE FOEESTRY LAWS — COLOEADO. 3 PART I— Contcl.] in relafion to tlio timber or forests in the State. [L. 1911, | ma|fe such recommondu'.iona as he shall deem necessary ch. 1:58, sec. 8; Mills An. Slat., 1912, sec. 2993.] I with a view toward prescribing laws ne(.'e>-.''ary to make 12. Makes Biennial Keport and Kecommendations. his office an effective factor for the purposes for which it Said State Forester shall, biennially, make to the Gov- j is created. [L. 1911, ch. 133, sec. 11; Mills An. Stat., 1912, ernor, a report of the transactions of his office, and shall ! sec. 2996.] PART II.— FIRE PROTECTION. (This part comprises tlio genorai provisions of iaw, it any, coa:ormng protojtion from forest (ires. For locali'-ed provisions, if any, conserning protection of stato-owned lands, sec Part III.) STATE FORESTER. 1. Advises and Assists in Preventing and Extin- guishing Forest Fires. H 1. The State Forester shall advise, aid and assist in preventing' and oxtingni.>--hin<^ foroft fires on State lands and private Ian Isand in the National Forests in the State, [Fire duties of sheriffs not interfered with.—] but nothing herein contained shall be construed as amending the law making it the duty of the Sheriffs of the various Counties of the State to prevent and extinguish forest fires.' [L. 1911, ch. 138, sec. 5; Mills An. Stat., 1912, sec. 2990.) H 2. * * * upon receiving notice from any source of a fire or fires in any forest, it shall be the duty of the State Forester to aid and assist in extinguishing the same. [L. 1911, ch. 138, sec. 7; Mills An. Stat., 1912, sec. 2992.] 2. Examines into Causes of Fires. It shall be the duty of the State Forester to, examine and inquire into the cause of fires occurring in the forests of the State, either on private or public lands, » « *. (L. 1911, ch. 138, sec. 8; Mills An. Stat., 1912, sec. 2993.] 3. Prosecutes Violators of Fire Laws. [It shall be the duty of the state forester] to prosecute violation of all laws pertaining to fires or * * *. [L. 1911, ch. 138, sec. 8; Mills An. Stat., 1912, sec. 2993.] 4. Reports Derelictions on Part of State Officers Concerning Fires. * * * and [he shall] report to the proper authority^ any violation or dereliction on the part of any officer or officers of the State with relation to fires and » » *. [L. 1911, ch. 138, sec. 8; Mills An. Stat., 1912, sec. 2993.] 5. Publishes and Posts Forest-Fire Regulations. [It shall be the duty of the State forester] to promulgate and publish rules for the prevention of forest fires and to cause the same to be posted in the forests upon State lands; * * * [L. 191 1, ch. 13S, sec. 3; Mills An. Stat., 1912, sec. 2988.] 6. Other Duties. Furnishes forest Jire nonces to commissioner of game and Jish. (See II, IS.) OTHER STATE OFFICIALS WITH INCIDENTAL FIRE DUTIES. SHERIFFS. 7. Act as Fire Wardens. T'io sheriff of every county shall, in addition to other duties, act as fire wardens of their respective counties in case of prairie or forest fires. [L. 1903, ch. 83, sec. 1; * * *; Mills An. Slat., 1912, sec. 1396.] 1 See U, 7-9. 8. Compensation. The county commissioners may allow the sheriff five dol- lars per day for such services,' and the deputies not to ex- ceed three dollars per day, and such other expcrs s neces- sarily incurred as they may deem just. [L. 1903, ch. 83, S2C. 2; * * *; Mills An. St.it., 1912, b:c. 1397.] 9. Assume Charge of Fires. It s'lall be the duty of the sheriff, under s'lerif? and deputies, in crss of any forfst or prairie fire, to fsume charge thereof, for controlling and extinguishing the same, [Summon citizens. — ] they may call to their aid, such person or persons of their county as they may deem necessary. [L. 1903, ch. 83, sec. 2; * * *; Mills An. Stat., 1912, sec. 1397.] 10. Report Fires Promptly to State Forester. It shall be the duty of the Sheriffs of the various Counties of the State to report as soon as practical the occurrence of any fire in any forest or forests in the State, either on private or public lauds, and * * *. [L. 1911, ch. 138, sec. 7: Mills An. Stat., 1912, .sec. 2992.] 11. Additional Duties. Enforce fire provisions of game and fish law. (See II, 14; 17.) — Failure to enforce constitutes violation. (See II, 356.) — Penally, prosecution anil fine. (See II, S5c-j.) Enforce fire provisions of forestry act. (See II, 20.) — Penalty and prosecution. (See 11, 30.) Deprive violators of camping pennies. (See II, 30b.) CONSTABLES. 12. Duties. Enforce fire provisions of game and fish law. (See II, 14; 17.) — Failure to enforce constitutes violation. (See II, 356.) — Penalty, prosecution and fine. (See II, Z5c-j.) Enforce fire provisions of forestry act. (See II, 20.) — Penalty arid prosecution. (See II, 36.) Deprive violators of camping permits. (See II, 306.) STATE GAME AND FISH COMMISSIONER AND WARDENS. 13. Commissioner Prescribes Regulations Under Fire Provisions of the Game and Fish Law.- The commissioner ^ shall have power to prescribe such rules, regulations and forms as may be required to carry out the true intent of this act,^ and not inconsistent here- with. [L. 1899, ch. 98, sec. 7, p. 186; ♦ * *; Mills An. Stat., 1912, sec. 3140.] ' Services as Bre wardens. (See II, 7.) 2 Game and fisli law in cli. 98, 1,. 1899. (See Table of Acts, on p. 9.) • As used in this act, unless otherwise specifically reslricied or en- larged, * i* * the word commi.NSiouer mean.s the state game and fish commissioner; the word warden or wardens includes the chief wardens, deputy wardens and special wardens provided for herein: * • * (L. 1899, ch. 98, p. 189, sec. 18; * * * ; Mills An. Stat., 1912, sec. 3157.1 STATE FOBESTKY LAWS COLORADO. PART 11— Contd.l 14. Commissioner and Wardens Enforce Fire Pro- visions of the Game and Fish Law.' The commissioner and every warden ^ throughout the State, and every sheriff and constable in his respective county, is authorized and required to enforce this act ' * * *. [L. 1899, ch. 98, sec. 11, p. 187; Mills An. Stat., 1912, sec. 3144.] 15. Prosecute Violators of Fire Provisions. It shall be the duty of the commissioner and chief war- dens to devote their entire time to the performance of the duties specified in this act,' and to cause prosecutions to be instituted and conducted for the punishment of viola- tions thereof. [L. 1899, ch. 98, sec. 9, p. 186; Mills An. Stat., 1912, sec. 3142.] 16. Have Rights and Powers of Sheriffs -and Con- stables. In the performance of their duties the commissioner and wardens shall have all the rights and powers, throughout the state, of sheriffs and constables in their respective counties, except as herein otherwise provided. [L. 1899, ch. 98, sec. 9, p. 186; Mills An. Stat., 1912, sec. 3142.] 17. Arrest Violaters, With or Without Warrant. * * * and he [commissioner and every warden throughout the state, and every sheriff and constable in his respective county] shall have full power and authority, and it shall be the duty of every such officer, with or without a warrant, to arrest any person whom he has rea- son to believe guilty of a violation thereof; i * * *. [L. 1899, ch. 98, sec. 11, p. 187; Mills An. Stat., 1912, sec. 3144.] 18. Post Fire Notices. It shall be the duty of the Commissioner of Game and Fish to have posted, in manner as required by the State Forester, all notices prepared by the State Forester con- cerning the prevention and extinguishing of forest fires. [L. 1911, ch. 138, sec. 9; Mills An. Stat., 1912, sec. 2994.] 19. Additional Provisions. Failure to enforce fire provisions of game and fish law ' ronstilutes violation. (See II, 356.) — Penalty, prosecution and fine. (See II, 35c-j.) Commissioner has supervision and control over prosecu- tions for violation of fire provisions of game and fish act. (See II, 3og.] Commissioner inakes biennial report to governor. (See vol. of Sess. Laws, 1899, ch. 98, sec. 10, p. 186; and Mills An. Stat., 1912, sec. 3143.) GAME AND FOREST ' WARDENS. 20. Enforce Fire Provisions of Forestry Act.'' — Ar- rest Violators With or Without Warrant. Game and forest'' wardens, the land appraisers, and all peace officers of the state, are hereby charged with the ' Game and fish law in cli. 98, L, 1899. (See-Table of Acts, on p. 9.) ' As used in this act, unless otherwise specifically restricted or en- larged * * * the word commissioner means the state game and fish commissioner; the word warden or wardens includes the chief wardens, deputy wardens and special wardens provided for herein; * * * (L. 1S99, ch. 98, p. 1S9, sec. 18; * * * ; Mills An. Stat., 1912, sec. 3157.1 3 There is no provision in the la\vs of the State of Colorado for the appointmentofoincialsunderthespecificdesignntion, "forest wardens." The term, as used in this act, seems to refer in a general way to officials who are appointed to protect the forests of the State. < Forestry act in ch. W, L. 1901. fSee Table of .\cts, on p. 9.) enforcement of this act m far as it relates to fires in forest areas, and shall have full power to arrest, 'with or without warrant, all ■vdolators and deliver them to the nearest con- stable or sheriff, to be dealt with according to law. [L. 1901, ch. 83, sec. 13; * » *; Mills An. Stat., 1912, see. 3013.] 31. Additional Pro'visions. Enforce fire provisions of game and fish law. (See II, 14; 17.) — Failure to enforce constitutes violation. (See II, 356.) — Penalty, prosecution and fine. (See II, 35c-j.) Penalty and prosecution for failure to enforce fire pro- visions of forestry act. (See II, 36.) Deprive violators of camping permits. (See II, 306.) Are responsible for care of fires when employed by non- resident campers. (See II, 30c.) DEPUTY APPRAISERS. 22. Specially Employed to Enforce Fire and For- estry Provisions. For the purpose of more fully carrying out the provisions of this act " the state board of land commissioners are here- by empowered to employ such number of persons, not exceeding six, as in their judgment are necessary. Such persons shall be known as deputy appraisers. Compen- sation. — They shall receive for their services the sum of five (.$5.00) dollars per diem, [Arrest 'violators, ■with or -without warrant. — ]and shall have authority to arrest all violators of this act, with or without warrant, [Take violators before justice of the peace, or other ofiB.- cer. — ] and deliver them to the most accessible justice of the peace or other officer authorized by law to act in such cases. [L. 1901, ch. 83, sec. 15; * * * ; Mills An. Stat., 1912, sec. 3016.] LAND APPRAISERS. 23. Duties. Enforce fire provisions of forestry act. (See II, 20.) — Penalty and prosecution. (See II, 36.) Deprive violators of camping permits. (See II, 305.) BOARD OF COUNTY COMMISSIONERS. 24. Post Camp Fire Notices. It shall be the duty of the Board of County Commis- sioners of each county in this state, within thirty days after this act shall take effect, to cause to be erected and main- tained, in conspicuous places at the side of each and every traveled highway, and at such other places as they may deem proper, at suitable distances along the main traveled highways of their respective counties, nctices printed in large letters, on strong cloth, substantially in the following form, to wit; FIRE. Camp fires must be totally extinguished before brealting camp, under penal;y of not to exceed one month imprisonment, or one hundred dol- lars fine, or both as provided by law.' A standing reward of one hun- dred dollars ($100) is ottered hy the state, for information which may lead to the conviclion of any person, or persons, guilty of cauiiing forest fires, in violation of law. i Commissioners. County. a See Table of -Vets, on p. 9, ' The proN-ision referred to is contained in see. 2, p. 10,5, L. 1885: which provision appears to be superseded by later legislation. (Seo JI, 29, footnote.) STATE FORESTRY LAWS — COLORADO. I'A'iT II— Coutd.) Counties pay cost. — The erection of such notices shall be at the expense of the respective counties: [Number of notices posted in each county. — ] and at le.ist twenty in number shuU be posted and maintuned in each and every county in this state.' [L. 1885, p. 161. sec. 1; * * * ; Mills An. Stit., 1912, sec. 1341.] FEDERAL FOREST OFFICERS AND TIMU'EK | OFFICERS. I 25. Enforce all Fire Provisions by Direct Authority as Fire Wardens, when so Appointed. The Governor may, at his discretion, appoint forest officers of the United States to act without pay » * * • as P'ire Wardens in enforcing the laws of this state as to forest fires, [Power to incur fire-fighting expen- ses. — ] who shall have power to incur necessary expenses to extinguish forest fires. Term of office. — Such forest officers shall hold their positions as * * * Fire War- dens during the pleasure of the Governor. [L. 1909, ch. 168, sec. 1; Mills An. Stat., 1912, sec. 3014.] 26. Enforce the Fire Provisions of the Game and Fish Law by Ex Officio Authority as Federal Forest or Timber Officers. * » * every officer having authority in relation to timber or timber reserves of the Uruted States shall have the same authority under this act" as a deputy [game] warden. [L. 1899, ch. 98, sec. 14, p. 188; * * »; Mills An. Stat., 1912, sec. 3147.] Enforce the forest fire provisions of the forestry act, as game wardens, whenever so commissioned.- (.See 11, 20.^ DISTRIBUTION OF COSTS OF FIRE PROTKCi'lON. .STATE.' 27. Pays: * Expenms ituiiladid to enforcing forest fire protection* itt- acrred by the fMnwing officers: Stnte forester (.see II, 1-3); State game and fish commissioner and wardens (see volume of Session Laws of 1899, ch. 98); deputy appraisers (.'ee II, 22); land appraisers (see II. 23); Federal forest and timber officers (see II, 25). Costs of publishing und pouting fire regulutionjs ("see II. -5). COUNTIES. 28. Pay: Sheriffs' and deputies' salaries and expenses* necessari/ and incidental to their fire protection duties. (See II, 8.) Costs of posting camp fire notices. (See II. 24.) • The remainder of this section, embracing ihe provision for posting of similir notices by the state forest commissioner, was doiilitlcss rendered inoperative by the repeat, in 1S97, of the act which provided for the appointment of a state forest commissioner (act of Apr. i, ISS.'ii. n See Table of Acts, on p. 9. -It is custom >ry to commission national forest officers to be game wardens so that tliey may enforce the game and flsh laws. • Continuing appropriations. — * * * there is hereby appropriated, (or each successive biennial period [following 1911 and 1912], the said sum of Ton Thousand (S10,0«l) Dollars for such purposes |thosc of ch. 13S, L. lull (see Table of Acts on p. H)], and the .\uditor of Slate is here- by authorized to draw his warrants upon said funds, upon the order of The State Board of Agriculture, signed by its President and counter sijned by its Secretary. |I.. 1911, ch. 13S, sec. 12; Mills An. Stat., 1912, sec. 2997.] • Inasmuch as these officers are authorized to extinguish fires, such expenses would necessarily include a part al least of the cost of fire flghting. 13139—17 2 KINDLING FIRES IN THE OPEN. PROHIBITIVE HE.STRICTIONS. 29. On State and Federal Lands, or Lands from which Fires may Spread thereto.' a. No person shall set fire to any timber or grass on land belonging to tliis .state or to the United States, or set fire in . iiy place where it is liable to spread to such timber or grass, [Camp fires required to be extinguished. — ] nor leave any camp fire unextinguished, and * * * [L. 1899, ch. 98, sec. 14, p. 188; * * *; .Mills An. Stat., ^912, .sec. 3147]. Penalties, prosecutions and fines. (See II, 3,5.) 6. Protection of smaller trees. -[Every person applying to cut trees on state lands is required to state in the application] that he will carefully protect from fires or other damage all trees less in size than those desired to cut; * * * [L. 1901, ch. S3, sec. 2(c); * * *; Mills An. Stat., 1912, sec. 3002 (c)]. Criminal and civil lia- bility and prosecutions. (See 11, 3G; 33.) 30. On all Lands. a. Except as to open Hies sufficiently guarded.— No open fires not sufficiently giiarded to prevent spreading shall be allowed in any forest area in this State. [Live coals extinguished with water. — ] and all live coals emptied from any stove or remaining from any open fire shall be at once and completely extinguished willi water before lea\'ing. [L. 1901, ch. 83, sec. 10: « * »; Mills An. Stat., 1912, sec. 3010.] b. Except as to legal residents of the State, either in their o^vn county, or having a camping permit in any other county. — No person, party or parlies, shall be allowed to camp, either for busine.ss or pleasure, in any forest district of this State outside of the county in which they legally reside, without first taking out a permit so to do. Permit contair.s fire provisions of forestry act. — Such permit .shall bear such part of this act as relates to fires and their care, and shall be is.sued by Ihe clerk of any county court within the State upon the pay- ment of the sum of fifty cents as a fee. Produced on demand — Permits must at all times be produced and shown to any game or forest w-arden,^ land appraiser, con- stable, sheriff, or other official empowered by law to demand the same, [Subject to recall. — ] and such permit may be taken up by .such warden, land appraiser or other official whenever the holder thereof shall vrillfully violate theprovi.sionsofthisact. [L. 1901,ch. 83.sec. 11; * * *; Mills An. Stat., 1912, sec. 3011.] c. Except as to non-residents who have a guide.— Non-residents of this Stateshall not camp within the fore.st districts for pleasure until they shall have obtained the services, at their own cost, of a game or forest warden as ' The legislation shown in this and the following sec. (II, 29,30) appears to supersede, practically, the earlier provisions prescribing penalties for the setting of fires endangering woodlands, and for failure to extinguish camp tires, contained in I.. ISfil, pp, 317. 31S, sees. 129, 130, 131, 132, and cer:ain subsequent enac.raonts, shown in Mills An. Stat., 1912, sees. 2011, 2312, 2013, 201 1. ' See II, 2.1, footnote 3. STATE FOKESTKY LAWS — COLOEADO. PART Il-Contd.] conservator of the State's interests, [Wardens responsi- | ble for fires. — ] and such wardens will be held strictly responsible for the care and prevention of fires from extending to the forest areas. [L. 1001, ch. £3, sec. 12; * * *; Mills An. Stat., 1912, sec. 3012. J Criminal and civil liability and prosecutions. (See 11, 36; 33.) RAILROADS. GENERAL REQUIREMENTS. 31. Equip and Operate Locomotives to Prevent Causing Fires. fil. * * * every locomotive used in such forest area shall be so equipped and operated as to prevent the setting on fire of any tree growth along or adjacent to such right of way. [L. 1901, ch. S3, sec. 14; * * *; Mills An. Stat., 1912, sec. 3015.] Each day's neglect constitutes a separate offense. — ^2. Each day's neglect to properly equip and operate as herein directed any locomotive shall be deemed a separate offense, punishable in like manner and with like penalties. [L. 1901, ch. S3, sec. 14; * * *; Mills An. Stat., 1912, sec. 3015.] Civil liabiUty (Special provisions in forestry act). (See II, 32, 112.) Ciimi- nal and civil liability, and prosecutions (General pro- visions i.i forestry act). (See II, 36; 38.) 32. Clear Rights of Way. 1[1. The right of way of any raiboad within the forest areas of this state shall be kept free from inflammable material, and * * * [L. 1901, ch. 83, sec. 14; * * •; Mills An. Stat., 1912, sec. 301.5.) Civil UabiUty (Special provisions in forestry act). — 1i2. Any destruction caused by a violation of this sections of this act shall be appraised by the appraiser of the state board of land com- missioners, [Suit if payme-t not made withii ni:ety days. — ] and if the appraised value of such destruction is not paid by the oliending railroad company within ninety days of such appraisement, then and in that case the state board of land commissioners shall bring suit in the name of the state torecover all damages, losses and costs caused by or arising out of the wrongful acts or negli- gence of the offending railroad compp.ny. Damages in.- clude value of trees: (1) Commercially; (2) As con- servators of waters; (3) As promoters of adjace-t tree growth. — The measure of damages shall consist of not only the actual commercial value of the trees de- stroyed, but also their value as conservators of the snows, ico or irrigation waters contemplated in this act and pro- moters of adjacent tree growth.' — [L. 1901, ch. 83, sec. 14; * * *; Mills. An Stat., 1912, sec. 3015.] Criminal and civil liability, and prosecutions (General provisions in forestry act). (See II, 36; 38.) o See Tabic of Acts, on p. 9. ' So far as concerns precautions against fires along railroad rights of way adjacent to or through forest lands, anil as concerns the operation of roads, the general provisions in sections U, 16, 17, of this forestry act, appear to supersede the earlier requirements in L. 1871, p. 22.5, sees. 1, 2, 3, in respect to ploughing fireguards and burning vegetation along the tracks, with provision for criminal and civil liability, and payment of lines into the county school fund. (For the earlier provisions, see Mills An. Stat., 1912, sees. 6158, 6159. 6160.1 33. Recovery of Damages for Injuries Caused by Fires from Operating Railroads is Restricted. Limitation of time for bri agi.ng action. — Every rail- road company operating its line of road, or any part thereof, within this state shall be liable for all damages by fires that are set. out or caused by operating any such line of road, or any part thereof, in this state, whether negligently or otherwise; and such damages may be recovered by the party damaged, by the proper action, in any court of com- petent jurisdiction; Provided, The said action be brought by the party injured within two years next ensuing after it accrues; [Right of recovery may not be assigned or otherwise passed to another. — ] and Provided further. That the liability herein imposed shall inure solely in favor of 'the owner or mortgagee of the property so dam- ajjed or destroyed by fire; and the same shall not pass by assignment or subrogation to any insurahce company that has written a policy thereon; Pro\dded, That nothing in this act shall be held to apply to or in any manner affect any right which has accrued prior to the passage hereof or any cause or suit now pending. [L. 1903, ch. 153, sec. !;**»; Mills An. Stat., 1912, sec. 6161.] COMPULSORY BRUSH AND SLASH DISPOSAL INCrOENT TO LUMBERING. 34. On State Lands. [Every person applying to cut trees on State lands is required to state in the application :] That he v\ill entirely remove, as directed by the state board of land commis- sioners, all cut trees and their branches in such manner that fires may not consume the smaller trees; * * * [L. 1931, ch. 83, sec. 2(d); * * *; Mills An. Stat., 1912, sec. 3002 (d).] Criminal and civil liability, and prose- cutions. (See II, 36; 3S.) LEG.4L PROCEDURE. CRIMINAL. 35. For Violations or Attempted Violations of Fire Provisions in the Game and Fish Act.' 0. Attempted violations. — Every attempt to violate any pro\'ision of this act ' shall be punishable to the same extent as an actual \iolation thereof, and any such attempt or \'iolation by an agent, clerk. ofEcer, or eirploye while acting for a corporation, shall render such corporation liable also, and an accessory may in all cases be prosecuted and punished as a principal. [L. 1899, ch. 98, sec. 1, p. 217; * * *; Mills An. Stat., 1912, sec. 3290.] 6. Failure to perform the acts or duties required. — The failure by any person or officer to perform any act, duty or obligation enjoined upon him by this act shall be deemed a violation thereof. [L. 1899, ch. 98, sec. 2, p. 217; * * *; Mills An. Stat., 1912, sec. 3291.] c. Penalty. — Every person or officer violating any of the provisions of this act, * * *^ shall be guilty of a misdemeanor and be punished by a fine of not less than $25, not more than $500, or by imprisonment in the county jail not less than ten days nor more than six months, or by I I-. 1899, ch. 98. (See Table of Acts, on p. 9.) STATE FORESTRY LAWS COLORADO. PART Il-Contd.J both such fine and imprisonment. [L. 1899, ch. 98, sec. 4, p. 217; * * ♦; Mills An. Stat.. 1912, sec. 3293.] d. Imprisonment fcr non-payment of file. — Every person con\-icted and fined under this act shall be im- prisoned until the fine and costs are paid, and shall not be discharged therefrom on account of his inability to pay the same, until he shall have been actually imprisoned one day for each $5 of the fine. [L. 1899, ch. 98, sec. 5, p. 217; * * *; Mills An. Stat., 1912, sec. 3294.] e. Initiation of proceed! igs. — Ijl. In case of a viola- lion of this act by a corporation, the warrant of arrest may be read to the jiresident, secretary or manager in this state, or any general or local agent thereof in the county where the action is pending, and upon the return of such warrant so served, the corporation shall be deemed in court subject to the jurisdiction thereof, and any fine imposed may be collected by execution against the property of such corporation, but this section shall not be deemed to exempt any agent or employe from prosecution. [L. 1S99, ch. 98, sec. 21, p. 193; * » *; jmis An. Stat., 1912. sec. SlfiO.] 1'2. Prosecutions under this act may be com- menced either by indictment, complaint or information, and district and county courts and justices of the peace in their resjjective counties shall have concurrent original jurisdiction of all offenses under this act, * * *, of which justices of the peace shall not have jurisdiction, otherwise than as committing magistrates. [L. 1899, ch. 98, sec. 6, p. 218; * * *; Mills An. Stat., 1912, sec. 3295.] /. Jury trial — Appeals. — The accused shall be entitled to a jury as in other criminal cases, and an appeal shall lie from a justice of the peace as in cases of assault and battery. Appeals from and writs of error to the district and county courts shall lie as in other criminal cases. [L. 1899, ch. 98, ?ec. 7. p. 218: *■ * *; Mills An. Stat., 1912, sec. 3296.] g. District attorneys prosecute. — It shall be the duty of each district attorney to prosecute all violations of this act, occurring within his district, that may come to his knowledge, or when so requested by the commissioner [State game and fish commissioner] or any ofiicer charged with its enforcement, the same at all times to be stibject to the super\-ision and control of the commissioner. [L. 1899, ch. 98, sec. 8, p. 218; * * »; Mills An. Stat., 1912, 3297.] h. Participants testify.— In any prosecution under this act, any participant in a \'iolation thereof, when so requested by the district attorney, commissioner, warden or other officer instituting the prosecution, may testify as a witness against any other person charged with violating the same, and his evidence so given shall not be used against him in any prosecution for such violation. [L.1899, ch. 98, sec. 9, p. 218; * * »; Mills An. Stat., 1912, sec. 3298.] i'. Disposition of fines. — All moneys collected for fines under this act shall be immediately paid over by the ju.stice or clerk collecting the same, as follows: One third into the treasury of the county where the offense was committed, one third to the commissioner, and one third to the person instituting the prosecution. Provided, That it the person instituting the prosecution shall fail for ten days after such collection and due notice thereof, to demand the portion to which he is entitled, the same shall be paid to the commissioner and the right of such person thereunder shall be deemed forfeited.' The com- missioner, any warden or oflx'er instituting a prosecution shall be entitled to a share in the fines collected the same as any other person, and it shall be a personal perquisite for which he need not account. [L. 1899, ch. 98, sec. 10, p. 218; * * *; Mills An. Stat., 1912, sec. 3299.] j. Result of prosecutions reported to commis- sioner. — It shall be the duty of every justice of the i)eace and clerk of a court before whom any prosecution under this act is commenced or shall go on appeal, and within twenty days after the trial or dismissal thereof, to report in writing the result thereof and the amount of fine col- lected, if any, and the disjiosition thereof to the commis- sioner at Denver. [L. 1899, ch. 98, sec. 11; p. 219: « » «; Mills An. Stat., 1912, sec. 3300.] 36. For Violations of the Forestry Act.-' Penalty. — IJl. Any person xdolating any of the pro- visions of this act 2 shall be deemed guilty of a misdemeanor, and on conviction thereof shall be fined in the sum of not less than twenty-five nor more than one hundred dollars or by imprisonment of not less than fifteen days nor more than sixty days or by both fine and imprison- ment as the court may direct. [L. 1901, ch. S3, sec. IG; * * *;MillsAn. Stat., 1912, sec. 3017.] Prosecution.— ^2. The district attorneys of the ^•arious judicial districts of the state are hereby directed to pro-Tcute in the name of the state all cases arising under this act.- [L. 1901. ch. 83, sec. 17; * * *; Mills An. Stat., 1912. sec. 3018.] 37. For Bemoving or Destroying Posted Notices. a. Forest fire notices. — .\ny person who removes, injures, or defaces any sign or signs placed or maintained in pursuance of section 9^ shall be deemed guilty of a misdemeanor, and upon conviction, shall be fined not to exceed $25.00 and costs of prosecution, or imprisonment, not to exceed thirty days in the County jail, or both, at ihe discretion of Court. [L. 1911, ch. 138, sec. 10; Mills An. Stat., 1912, sec. 2995.] h. Camp-fire notices. — Whoever shall willfully destroy, remove, injure, or deface, any such notice,' erected on any highway as aforesaid, or shall willfully injure or de face any inscription or device comprising such notice, shall be deemed guilty of a misdemeanor, and upon con- viction thereof, before any justice of the peace or court of competent jurisdiction, shall be fined not exceeding one hundred dollars, or imprisonment [imprisoned] in the county jail not exceeding three months, or both, in the discretion of the court. [L. 1885, sec. 2, p. 162; * * *; Mills An. Stat., 1912, sec. 1342.] » Cerlaln moneys ro:'cived 1>y the wardens and tlie commissioner, under this act, nre paid over to the State treasurer, and constitute a same fund. (Sec volume of Session Laws, 1399, ch. 9S, sec. 8; Mills An. Stat., 1912, see. .lUl.l « L. 1931, ch. 83. (See Table of Acts, on p. 9.) » See IT, 18. * Notices posted hy hoards of county comraissionerg. (See II, 24.) STATE FORESTRY LAWS COLORADO. PART II— Contd.) civa. 38. For destroying Timber of the State by Fires in Violation of the Forestry Act.' Damages. — Suit may also be brought in the name of the state for damages arising from fires destroying the timber or the trees of the state whenever such damage has been caused by any violation of the proWsions of this act ' by any person or persons engaged in any business or pleasure pursuit whatever. [L. 1901, eh. 83, sec. 16; ' L. 1901. ch. 83. (See Table ot Acts, on p. 9.) * * *;MillsAn. Stat., 1912, sec. 3017.] Prosecution.— (See II, 36 112.) 39. For Causing Damage to Another Through Set- ting on Fire Woods or Prairies. If any person shall set on fire any woods or prairie, so as to damage any other person, such person shall make sat^ icfaction for the damage to the party injured, to be recov- ered in an action before any court of competent juris- diction. [G. L. 1877, sec. 2160; * * * Mills An Stat., 1912, sec. 2189.1 PART III.— PUBLIC FORESTS. (Thii pirt co-nprises tha pro-l^ioTUi of la-v, if aay. tor the ejtablijh-nent ani care ot stito and muni -ipal forests, and for the practice of forestry on these and on other land^ owned by the State.) NoTE.^No sp3 'iSc provision is made for the estab- lishment of State forests, or f.ir the pra.'tice of forestry on other State lands, except in so far as it may be accomolished by the State board of land commission- ers, when making sales of timber from such lands, through the observance of the watershed protection and diamster-limit provisions of the law of 1901,' supplemented and extended, when the board so de- sires, by technical data and advice supplied by the State forester. (See I, 96.) Provision is made for the management of State forests whenever they are established. (Sec I, 6.) 1 See voUime of 1901 Sess. Laws, ch. 8.1, sees. 1. 2, 6: Mills An. Stat. 1912, sees. 3001, 3002, 3006. PART IV.— TAXATION. (This part co-nprises the provisions of law, if any, covering; the classileation and taxation of lurestert lauds and lands to be forested, the purpose of whi h is to encourage the practice of forestry by private owners; also such bounty and exemption laws as have a like purpose. For similar taxa- tion provisions, if any, conoerninp state or municipal forests, or other state lands, see Part III.) 1. Value Due to Forest Planting not to be Taxed for Thirty Years unless Economic Maturity Occurs Prior to that Time. "1 1. That the increase in value of private lands caused by the planting of timber thereon, other than fruit trees and hedges, shall not, for a period of 30 years from the date of planting, be taken into account in assessing such lands for taxation; such exemption to apply to all lands hereto- fore or hereafter planted, except as hereinafter provided. [L. 1911, ch. 218, sec. 1; Mills An. Stat, 1912, sec. 6199.] H 2. In the event that any of such timber shall, prior to the expiration of the 30 years, become sufi:ciently mature to be suitable for economic use, then the increase of value caused by that so maturing shall be taken into account in assessing the land for taxation thereafter. [L. 1911, ch. 218, sec. 2; Mills An. Stat., 1912, sec. 6200.] STATE FOBESTRY LAWS COLOBADO. TABLE OF ACTS. LEGISLATION, AS AMENDED THBOUGH BEG. SESS., 1917. Session laws prior to 1912 codification.' Equivalent rolerences in this leaflet. Oen. Laws, 1877 -, sec. 2153. . L. 1885, p. 161, sec. 1. p. 162,800.2., I.. ISM. ch.98, p. 188, sec. 7. 9. p. 187, seo. a p. 188. sec. 14 p. 183, sec. 18 p. 190, sec. 21 p. 217, sec. 1.. 2. 4.. 5.. p. 218. sec. 6.. 7.. 8.. 10. p. 219, SCO. 11. L. 1901, ch. S3, soo. 2(c),(d) 10 11 12 13 14 15 18 17 L. 1903, Ch. 83, sec. 1 2 153, sec. 1 L. 19D3, ch. 108, sec. 1 L. 1911, ch. 138, sec. 1 2 3 4 5 6 7 8 9 10 • " 12 ch. 218, sec. 1 1341 1342 3140 3142 3144 3147 3157 3160 3290 3291 3293 3294 3295 3296 3297 3298 3299 3300 3002(c),( chief deputy warden. [1>. 1909, ch. HO(sec. 1); Code 191:J, ! sec. 3449 (ch. 62, sec. 1).] j 14. Are Under Direction of the Forest, Game and Fish | Warden. j 1|1. The chief deputy aud deputy wardens shall act and ' be under the direction and supervision of said forest, game \ and fish warden. * * * ^2 and shall be immediately : respon,sible to the warden, aud * * * 1]3 receive in- I structions from him. [L. 1909, ch. (iO (sec. 3); Code 1913, i sec. 3451 (ch. 62, sec. 3).] 15. Enforce Forest laws. Said chief deputy and deputy wardens shall have au- thority, and it shall bo their duty to enforce the game, fish and forest l.tws of this state, now in force or hereafter enact:;d, for the protection of forests and protection, pres- ervation and prop.xgation of gtme, fish and birds. » • » [L. 1909, ch. (iO (.«c. 3); Co.b 1913, sec. 3451 (ch. 62, .sec. 3).] Prosecute offenders.— (See I, 276, c.) 16. Make Reports to ii'orest. Game and Pish Warden. a. Quarterly reports upon work m gsneral.— The ap- pointed deputy wardens shall on the first of the months of I January, A|)ril, July and October of each year make a report under o.ith to the forest, game and fish warden, which reports shall show in det;ul the work done by them severally during the three months next preceding. The forest, game aud fish warden shall furnish the deputy war- dens all necessary blank forms and stationery for making said reports. Accounting required in respect to suits, show- ing moneys received from fines, etc.— All such reports shall show an account of the suits commenced, the justice or court before whom such proceedings were had, the number and kinds of game, fish, birds and property seized, and j what di.-position was made of the same, the amount of pro- j ceeds of sale, and the amount of money, if any, received J by him for fines impo;-;ed, or from any other soun-e provided j for by this chapter. [L. 1909, ch. 60 (sec. 15); Code 1913, sec. 3473 (ch. 62, .-ec. 15); L. 1915, ch. 14 (sec. 15).] Upon I mileage expenses. — (See I, 13.) ' 6. Special reports, upon request.— [The chief deputy aud deputy warden^] .shall reixirt all milters under their juris- diction, whenever requested by him [the forest, game and fish warden] and * » * [L. 1909, ch. 60 (sec. 3); Code 1913, sec. 3451 (ch. 62, sec. 3).] 17. Additional Duties. Give bonds. (See 1, 3.) Fay over one-hul/ of fines Co the forest, game eind fish wct- den. (Seel , 20.) DEPUTV WARDENS. 18. Appointment — Term of Office. The warden [forest, game and fish warden] shall appoint such persons as he may deem fit, who are citizens of this state, to act as deputy wardens in the several counties of this state. Said deputy wardens shall hold their office at the pleasure of the forest, game and fish warden. [L. 1909, • ch. 60 (sec. 1); Code 1913, sec. ;i449 (ch. 62, sec. 1).] 19. Compensation Consists Exclusively of One-Half of Fines, if Any, from Their Individual Prosecutions. ^1 1. All said deputy wardens, either appointed or ex officio,' shall receive for their services one-half of the fines imposed by any justice or court having jurisdiction, and collected iu each prosecution instituted by any such deputy warden, and * * * H 2. but uo fees or moneys shall be paid any deputy for services rendered as such deputy warden, out of the treasury of this state, and * * * [L. 1909. "ch 60 (sec. 1); Code 1913, sec. 3449 (ch. 62, sec. 1).] 20. Pay Over to Forest, Game and Fish Warden, Within 30 Days, the Remaining Half of the Fines, * * * all deputy wardens shall witliin thirty days after its receipt pay over to the forest, game and fish war- den the fines collected by him [them], and the bonds of all ex-ofjicio wardens shall be liable for any such moneys STATE FOKESTKY LAWS —WEST VIRGINIA. I'AHT r— Contd.l received by them. [L. 1909, fh. (50 (see. 15); Code 1S»13, spc 3473 (ch. 62, sec. 15): L. 1915, r\i. 14 (sec. 15i.] 21. Additional Duties. Arf iiriiJcr iHrrcMov o/forcst. (inme. mul Jish nanlcn. (See 1. 14.) Enforce forest lavs. (See 1, 15; 276, c.) Make reports, quarterly and special, to forest, game, and ' lish wordeit . (See I, Kin, ft.) EX OFFICIO DEPITY WARDKNS. 22. Sheriffs and Constables, and Chiefs of Police are Deputy Wardens, Ex Officio — Jurisdiction. 'I'he sheriffs, deputy sheriffs and constables in the several coiintips of this state shall be ex officio deputy wardons therein, and the chiefs of police of the cities, towns and xallaties of this state shall also bepx officio deputy wardens therein and their jurisdiction shall extend no further than their respective counties, cities, towns and villages. [L. 1909. ch. ("iO (sec. n; Code 1913. sec. 3449 (ch. r,L'. sec. l).l 23. Make Reports to Forest, Game, and Fish Warden. a. Quarterly reports, if proceedings instituted, or moneys collected. — .VII o-o ///«'« deputy wardens shall make a report to the forest, game and lish warden on t.he lirst day of .lanuary. April, July and October of each year if they have instit\i1ed any i)roceedings or collected any moneys under the provisions of this chapter durina: such ' preceding three months, and * * ». jL. 1909, ch. fiO (sec. loi; t'ode 1913, sec. 3473 (ch. ()2. .sec. 15); L. 1915. ch. 14 (sec. 1-5 1. 1 ft. Special reports, upon request. — (See I, 16b.) 24. Additional Duties — Compensation. .lf( ii.vdrr direction of forest, uanif.and fi.sti irardm (See 1.14.) I Enforce forest hues. (See 1, 15; 276 (footnote 2), c.) I Compensation coruusls of one-half of fines collected. (See I, 19.) Pail over other halfoffin.es to forest, oame, and fish learden— Honds respon:,ibli . ^See I, 20.) EXPENDITURES. .STATE. 24. Pays: u. Salaries and e.tpetises of forest, game, and fi.sli wardun, and chief depuii) u'ardens.' (See 1, 2; 13.) h. (Josts of requisitions and e:ctroditi,oits in prosecutions for violations of forest laws, when not eollected from the offenders. (See T, 29 114.) <;eneral funds appropriated.* 26. "Forest, Game and Fish Protective Fund" Made Available for the Payment of General Expenses Under the Forest Game and Fish Laws. * * * all other moneys' due the state by virtue of any of the provisions of this (diapter, as now amended, shall be paid into the state treasury and credited to the I Tlif .Stale also pa.v.i tlie salar.v of the State forester, out of the " Foie,st, gamn, and flsli protective fund " (see I, 2ri), and certain fire-protection expenses (see II, 14). ' only suoli laws ooncerninK appropriations are uompiled as provide funds availahlo, from year to year, until expended. Appropriations limited to a fi.xed annual or biennial period of expenditure arc omitted because of tlie frequent changes in the amounts. ' Moneys other than the net proceeds from fines mentioned in 1, 30 a, b. "forest, game and fish protective fund," and the same shall be applicable to the payment of the expense of inaugurating, carrying out and maintaining any and all of the purposes of this act set forth in this chapter as now amended, and of any other law relating to the pro tection of forests or the protection and propagation of game anil hsh, [Paid out upon requisition of the forest, game and fish warden, — J and shall be paid out upon the requisition of the forest, game and fish warden, ap- proved by the governor, for which purposes said fund is hereby appropriated. [L. 1909, ch. 60 (sec. 31); Code 1913, sec. 3491 (ch. 62, sec. 31); L. 1915, ch. 14 (sec. 31).] LEGAL PROCEDURE.' INSTITUTION OF PROCEEDIWiS. 27. Forest Officials are Vested with Power in Respect to the Following Matters : (/. The forest, game, and fish warden has general charge of, and necessary powers for, the institution of legal pro- ceedings to enforce forest laws. — (See I, 5. i ft. The forest, game, and fish warden and deputy war- dens execute and serve warrants, arrest violators wiOiout warrant, and make complaint before proper officer. - 'il. The forest, game and fish warden, and appointed deputy wardens ^ shall have full power to e.xecute and serve any warrant or jirocess of law, issued by any justice of the peace or by any court having jtn-isdiction under ihe law, relating to game, fish, birds and forests, in the same manner as any, constable or slieriff might serve or execute such process, and may arrest on sight without a warrant, any person or persons, detected by them, actually vio- lating any of the provisions of the laws of this state relat- ing to the game, fish, birds and forests, and may take such person or persons, so offending, before any court, or justice of the peace, having jurisdiction of the offense, and make proper complaint before such court, or justice, which shall proceed with the case in the manner as pro- vided by law. Penalty for failure to proceed against violators.— Any such appointed warden, who on receiv- ing information from a reliable person, of the violation of the game, fish or forest laws, neglects or refuses to thoroughly investigate such alleged violation, and appre- hend or attempt to apprehend the offender, shall be guilty of a misdemeanor, and upon conviction thereof, shall be fined not less than ten dollars nor more than fifty dollars lor each offense. [L. 1909, ch. 60 (sec, 4); Code 1913, sec, 3452 (ch. 62, sec. 4).] Impress citizens in making arrests, seizures, etc. — 112. Any of the offi- cers herein, whose duty it is to enforce the game, fish, bird and forest laws of this state, shall have the same right and power as sheriffs to summon aid in making arrests, seizures, or executing any process; [Penalty for refusing to arrest. — ] and any person, or persons, so sum- moned, and refusing to act, shall be liable, upon cou- \'ictiou, to the same fines and penalties, the same as it summoned by a sheriff. Arrests may be made on Sun- day — Prompt procedure. — Such arrests may be made on a Sunday, in which case the person, or persons arrested ' The subject of Legal l^rocedure is, for obvious reasons, most appro- priately placed, ordinarily, in Part II. The unusually broad scope cl this legislation, however, seemed to require its consideration in conncc tion with the general subject ol .\dministration. > Ex ollicio deputy waidens i sheriffs, constables, and chiefs of poiui' have the same powers in virtue of their office. (See also, 1, 15.) STATE FOBESTRY IjVWS WEST VIRGINIA. PA|:T I— Contd.l shall be taken before a justice, having jurisilictioii, and proreeded against as soon as may bo on a week day fol- lowing such arrest. [L. 1909, cli. 60 (sec. 14); Code 1913, .•iec. 3472 (ch. 62, sec. 14).] Wardens exempt from certain legal procedure. — ^3. * * • in any iii-dscrniiou under this chapter, section two ol" ch!i])ter lhiity-si.\. of the code of one thousand eight hundred and ninety-nine and sec- tion one thousiind one hundred and fifty-nine of the code of one thousand nine hundred and six ' shall not apply to any warden. (L. 1909, ch. 60 (sec, 1); Code 1913, sec. 3449 (cb. 62, sec. l).] c. The forest, game and fish warden and deputy wardens institute proceedings without sanction of prosecuting attorney for the county. — The forest, game and fi.ih warden and deputy wai-deus may make complaint and cause proceedings to be instituted against any person or persons, or corporation, for the violation of any of the game, fish, bird and fore.st laws, without the .-auction of the prosecuting attorney of the county wherein such proceedings are instituted; [Security for costs not re- quired. — ] and in all such cases they shall not be required to give security for costs. Conduct prosecutions with same authority as prosecuting attorney. — .\ny of said oflicers may also appear in au\' touit of competent juris- diction in this state, in any case for \ iolation of any of the laws for the protection of forests, or the protection, preser vation and propagation of game, fish and birds, and pro.secute the same in the manner and with the same authority, as the prosecuting attorney of the rounty it) which such proceedings are had. May employ attorney. — .\nd in such cases they may, in the event of the refusal or neglect of the prosecuting attorney to act, employ an attorney of their choice, [Attorney's fee taxed in the costs. — ] and to such attorney, or to the prosecuting attorney if he shall act, there shall be taxed in the co.sts, upon conviction, a fee of ten doUai-s in such case. [L. 1909, ch 60 (sec. 11); Code 1913, .-ec. 3469 (ch. 62, sec. 11).] 28. Penalty for Hindering Forest Officials. Any person who hinders, obstructs or interferes with, or attempts to hinder, obstruct or interfere with, the forest, game and fish warden and deputy wardens in the discharge of any of their respective duties herein, shall be deemed guilty of a nusdemeanor, and vipou conviction thereof, shall be fined not less than twenty-five dollars nor more than two hundred dollars, together with the co-ts of the pro.-secution, ami in default of payment thereof shall be confined in the county jail until said fines and co-ts are paid; provided, however, that such imprisonment shall not exceed ninety days. [L. 1909, ch. 60 (sec. 17); Code 1913, sec. 3475 (ch. 62, see. 17).] 29. Method of Procedure. Prosecutions are in the name ol the State. — Hi. All pro-eeutions under this (.hapter shall be in the name of the state of West Virginia, before any court or justice having jurisdiction, and the justice ,shall have con- current jurisdiction with the circuit and other courts in all misdemeanors, and in any case in which the prose- cuting attorney appears, a f(!0 of ten dollars shall be • The certain legal procedure referred to requires that Indictments, etc., shall have the name of the informer or prosecutor endorsed on them. allowed him, to be taxed as a part of the costs of the case, and collected off the defetidant, in case he is convicted. ! [L. 1909, ch. 60 (sec. 29); Code 1913, sec. 3489 (ch. 62, j sec. 29).] May not be adjusted by deputy wardens. - I Ti2. It shall be unlawful for any deputy warden, either appouitod or ex officio, to settle, compromise or adjust any prosecution under tliis chapter and to receive moneys from any violator or alleged \iolator of any of the provi- sions thereof, unless the same are moneys received in the payment of fines imposed in dtie process of law^ by a justice or court having jurisdiction of the offense charged, [Penalty.—] and if any suc^h deputy warden shall receive , any moneys from any such violator or alleged violator, either as such settlement and compromise or to prevent any prosecuton [prosecution] therefor, such deputy warden shall be guilty of a felony and u^ion conviction thereof, shall be confined in the penitentiary not le.ss tlian one nor more than five years, (L. 1909, ch. 60 (sec. 3); Code 1913, sec. 34.51 (ch. 62, .sec. 3).] Competency of witnesses. — 113. Every person called as a witness in any ea>e for the violation of any of the provisions of this chap- ter, shall be compelled to testify fully; but hLs testimony shall not be given in evidence against him in any prosecu- tion for such offense; and no person against whom such witness shall so testifj", shall be com[)etent as a witness for the state, in the prosecution against such witness for the same offense or matters to which said witness so testi- fied, nor for any violation of any provisions of this chap- ter, alleged to have been committed before the com- mencement of the prosecution in which he is examined as such witness. [L. 1909, ch. 60 (,sec. 30); Code 1913,' sec. 3490 (ch. 62, sec. 30).] Expenses of requisitions and extraditions Included in costs of prosecutions. — ^t4. In all cases where any person has been indicted for the vio- lation of any of the provisiotis of this chapter, and ha.s escaped or removed to another state, all costs of requLsi- tion and extradition papers and all other costs and ex-~ penses of securing and bringing such person back into this state, shall be charged as a part of the costs of prosecu- tion again.st such person; [Paid out of "forest, game and ftsh protective fund," If not collected from offenders.—] and if such ro.sls of requisition and extradition papers and expeuse.s cannot be secured from such person, they shall be paid out of the " forest, game and fish protective fund." ' (L. 1909, ch. 60 (sec. 32); Ccle 1913, sec. 3492 (ch. 62, .sec 32).] FINKS AND OIHKK .MONKVS. 30. Disposition of Fines: u. One-half of fines goes to deputy wardens for services rendered. — (See I. 19 Ijl.) h. The other half is turned Into state treasury, through the forest, game and fish warden. — HI. (See I, 7.) Is credited to the "school fund." — Tj-- All moneys collected and due the stale, under and by virtue of the provisions of this chapter, shall be disposed of a* follows; The net proceeds of all fines collected from convictions of the violations of any section of this chapter, shall, after the payment of the amoiuits fixed by this chapter to the proper deputy wardens and the costs as provided by law, be paid into and credited to the '"school fund" of the state, as ' i^ee I, S 6^ STATS FORESTBY LAWS— WEST VIRGINIA. PART l-Contd.) provided by the constitution; * * * [L. 1909, ch. 60 (sec. 31); Code 1913, sec 3491 (ch. (;2, sec: 31); L! 1915, oh. 14 (sec. 31).] 31. Disposition of Moneys Other than Fines.' Moneys other than fines ' are paid into the state treasury, and credited to the "Forest, Game and Fish Protective Filnd." (See I, 26.) 38. Penalty for Making False Returns as to Moneys Col- lected or Disbursed, or Failure to Pay Over Fines. The forest, game and fish warden and deputy wardens, of any other officer who shall make any false return as to moneys collected or disbursed by him, as provided for in this chapter or does not pay over to the proper officer as provided in this chapter, moneys collected by him for fines, shall be deemed guilty ol a felony, and upon con- viction thereof shall be confined in the penitentiary not less than one year nor more than five years. [L. 1909, ch. 60 (.sec. 16): Code 1913, sec. 3474 (ch." 62, sec. 16).] 33. Court Officials Make Quarterly Reports, to the Forest, Game and Fish Warden, as to Moneys Collected. All justices and clerks of circuit and criminal courts before who-^e courts any ci.'^e under this chapter comes, .shall, on the first day of January, April, July and October, of each year, if there has been before this court [their courts] any case under this chapter, report to the state forest, game and fish warden all money collected by him [them] and the status of all cases pending or started in his court [their courts]. [L. 1909, ch. 60 (sec. 15); Code 1913, sec. ,3473 (ch. 62, .sec. 15); L. 1915, ch. 14 (sec. 15).] PART II.— FIRE PROTECTION. (This pari comprises the general provisijas of law. if Any, cij'iedr oeming: protection of state-owned tinids, see Part III.) FIRE WARDEN. 1. Forest, Game and Fish Warden is Ex-Officio Fire Warden. The forest, game and fi.sh wardens shall be ex-officio fire warden of the state of West Virginia, and * * * [t. 1909, ch. 60 (sec. 51); Code 1913, sec. 3515 (ch. 62, sec. 51); L. 1915, ch. 15 (sec. 51).] 2. Certifies Fire Reports to County Courts for Payment. ^ It shall be the duty of the * * * [fire] warden to i careiully audit such report [dejiuty fire warden's report 2], and after having satisfied himself of the correctness of i same, he shall approve said report and certify same to 1 the county court of the county wherein the fire occurred i for payment. * * * [L. 1909, ch. 60 (sec. 52); Code ; 1913, sec. 3516 (ch. 62, sec. 52); L. 1915, ch. 15 (sec. 52).] ; 3. Additional Duties. Enforces fire laws. (I, 5; 27.) Takei necessary action to prevent destruction of forests bii fijre. (See I, 11.) Has power to enter upon lands. (See II, lOrf.) Pays into State treasury one-half offineSi (See I, 7.) Recovers, in name of county, fire-ficihting expenrlitures nnd costs. (See 11, 26ri.) STATE FORESTER. 4. Duties. Assists the fire warden in preientiny the destruction of forests by fire. (See I, 11.) Fins power to enter upon lands. (Siee"^Il, WiL") SPECIAI, DEPUTIES AND INSPECTORS. &. Appointment. The * * ♦ [fire] warden ma.y ateo appoint^ sueh special deputies and inspectois ae'ai*' necessary to meet -, the conditions and requirements of the federal government i in securing federal co-operation untler the pj'ovisione of the | weeks law, and * * *' (L. 1909, ch. 60 (sec. 51); Code ' 191J, sec 3515 (ch.. 62, sec, 51); L. 1915, ch. 15 (sec. 51).] | ' Moneys other than tlae Bet proceeds from fines mentioned in 1, 30 a, 6. 'Seen, 11. • No specific provision is m&de for compensating these special deputfes :»nd inspectors. They are, accordingly, paid out of the "forest, game and fish protective fund," on a salary basis. (See I, 26.) in<; pr((teetinii from forest lires. For localized provisions, if any, cod- SPECIAL DEPUTY FIRE WARDENS. 6. Appointment — General Powers and Duties, and Compensation. [The fire warden] may appoint special deputy fire wardens for each county, whose dutj' it shall be to assist in preventing and controlling forest fires, who shall be vested with the same authority with regard to such fires and be paid in the same manner as is provided for the deputy forest, game and fish wardens. [L. 1909, ch. 60 (sec. 51); Code 1913, .sec. 3515, ch. 62,sec. 51); L. 1915, ch. 15 (sec. 51)]. 7. Additional Provisions. Are tinder direction of fire warden. (See 1, 14. i Enforce fi.re laws. (See I, 15; 276, c.) Make reports, quarterly and special, to fire nvrdin. (See I, 16a, 6.) Receive as compensation: a. One-half of fines in prosecutions instituted by them. (See I, 19.) /). Tiro dollars per day for time employed at forest fires. (See II, 9.) Pay over to fire warden fines collected. (See I, 20.) Have jurisdiction in adjoining cnuiUies, or elseuhere, m cases of emergency . (See II, 8.) Attend and take measures to confine and extinguish fires. (See II, 10a.) Back-fire and take other precautions. (See II, 106. ) Hire volunteers or impress assistance. (See II, \0c. ) Have power to enter upon lands. (See II, lOrf.) .\/(d-e reports on fires, to fire warden . (See 1 1 , 1 1 . ) DEPUTY FIRE WARDENS. 8. Created— Jurisdiction. All deputy forest, game and tisli wardens ' shall also be deputy fire wardens for their respective counties in which they may reside, and shall have jurisdiction in the adjoin- ing counties thereto in case of emergency or where their services may be required. [L. 1909, ch. 60 (sec. 51); Code 1913, sec. 3515 (ch. 62, sec. 51); L. 1915, ch. 15 (sec. 51).] 1 See " r>eputy Forest, t to exceed the mm of one dollar.- [dolhir] and fifty cent_-i per day for their service.*. [L. 1909, ch. 60 (sec. 52); Code 1913, , (.sec. 51).] 11. Make Fire Reports and Accounting to the Fire Warden. * * * each deputy [fire] wanlen shall within twenty days after ^ucll [fore-t] firo nnidcr to the * * * [fire] warden a sworn report, in duplicate, giving the location and area burned over, the quantity of timber, wood, logs, bark or other forest product, and of fences, bridges and buildings destro\-ed, with an estimate of the value thereof, the time u^ed by him, the names and postoffice address of all persons hired or summoned by him, who assisted liim thereat, together with the time each worked. Penalty for making any false statement in reports or accounting. — Any dei)uty [tire] warden who shall make any false statement in liis said rejwrt, hereinbefore re- quired to be made to the * * * [fire] warden, as to the time used by him, the name.s of the persons' so lured or summoneil li\- hini, and who assisted him in fighting such fire, or iis to the time of any such i)erson working thereat, shall be guilty of a misdemeanor, and upon conviction thereof, be lined not less than twenty-five nor more than one hundred di>nars, and for su< h raiLsc sliall be removed from office by the said * * * .[fire] warden. [L. 1909, ch. 60 (sec. 52); Code 1913. >ec 3.516 (ch. 62, sec. .52); L. 1915, ch. 15 (sec. 52).] 12. Additional Duties. Act under direction of fire warden. (See I, 14. i Enforce fire laws. (See I, 15; 276, c.) Pay over fines to fire warden. (See I, 20 » FIRE-FIGHTING LABORERS. 13. Employment and Compensation. Arc impreaaed by d(put;i fire ivardena Penalty for Tefiisinq to assist. (See II, lOc.) Have power to enter upon lands. (See II, lOrf.) Compensation for tiwe employed at fires. (See II, 9.) DISTRIBUTION OF COSTS OF FIRE PROTECTION. STATE. 14. Pays: (I. Salaries and expenses of special depatie^s and inspectors (see 11, 5, footnote 3), and also contributes the salaries and c.rpeitses of the/ollouimj officers, to the extent of such time as each devotes to fire protection work: Fire Harden (see I, 2); State forester (see I, 9, footnote 3). b. Costs of requisitions and extraditions in prosecutions for violations of fire laws, when not col led e/l from the of- fender (see I. 29 14). COUNTIES. 15. Pay Fire-Fighting Costs. Incurred by deputy wardens. — "^1. K\\ ser\dces so ren- dered [at fire^- by deputy wardens and fire-fighting laboN ers] s'hall be a charge against tlie county, and * * *, ■^2 which amount? [shown in fire report accountings bv deputy wardens '] shall be paid to the parties entitled thereto, out of the county funds, at the firjt session of said court - thereafter [after being certified to the county court by the fire warden for payment]. [L. 1909, ch. 60 (sec. 52); Code 1913. sec. 3-516 (ch. 62, sec. .52); L. 1915, ch. 15 (sec. .52).] Incurred by special deputy fire war- dens. — ''3. (See II, 6.' Amounts of fire-fighting costs recovered through legal proceedings go into treasury of the county in which the fire occurred. — "4. (See II, 26c/. '< KINDLING FIRES IN THE OPEN. GENERAL PRECAl'TIONAKY RESTRICTIONS. 16. Action Required in Advance, to Prevent Spreading of Fires. Notice to neighbors. — It shall be unlawful for any person or corporation as land owner to set, -or procure another to set fire to any woods, brush, logs, leaves. grass or clearing upon their own land, unless they shall have previously given notice of their intention of firing such lands, to adjoining land owners [Disposal of brush, and clearing around the land.—] and taken all po.ssible care and preiautiou against the >])read of such fire to other lauds not their own, by previously having cut and pUed the same, or carefully cleared around the land which is to be burned, so as to prevent the spread of such fire. Prima facie evidence of wilfulness or neg- lect. — The setting of fire contrary to the proviiioiLs of this section,' or allowing it to escape to the injury of adjoining lands, shall bo prima facie proof of willfulness, or negleii. [Liability for damages and fire-fighting costs. — ] and the land owner from who e land the fire originated shall be liable in a civil action for damages for the injur}' resulting from such fire and also for the cost of fighting and extingui.-hing the same. [L. 1909, ch. 60 (sec. 53); ' Sec II, 11. < County court ol Che coiincy wltcreiii the file occurred. 'Soc. .^^17. Code 191S (ch. 62. sec. ia\. See Table of Acts on p. W. 8 STATE FORESTRY LAWS WEST VIRGINIA. PART II— Contd.l Code 1913, sec. 3517 (ch. U2, .-w. 53); L. 1915, ch. 15 (sec. 53).] Bights of damages between parties not barred by recovery, in the name of the county, of fire-fightiug expend- itures and costs. — (See II, 26rf.) PROHIBITIVE RESTKICTION.S. 17. Criminal Liability. a. For unintentionally setting fire to woods, etc. — Penalty. — If any of the acts mentioned in the next pre- ceding section ' be done unlawfully but not wilfully or maliciously, the person guilty thereof shall be fined not exceeding fifty dollars, and * * * [L. 1882, ch. 148 (sec. 9); Code 1913, sec. 5200 (ch. 145, sec. 9).] h. For negligently setting fire to woods, etc. — If any person, or persons, negligently set on fire, any woods, fields or lands within this state, so as thereby to occasion loss, damage or injury to any other person, he shall be guilty of a misdemeanor, [Penalty. — ] and on conviction thereof, shall be fined not less than fifty dollars nor more than five hundred dollars, and in the discretion of the justice or court trying the case, be imprisoned in the county jail not to exceed one year. [L. 1909, ch. 60 (sec. 53); Code 1913, sec. 3517 (ch. 62, sec. 53); L. 1915, ch. 15 (sec. 53).] Prima facie proof of wilfulness or neg- lect.— (See 11, 10. "I c. For maliciously setting fire to woods. — If any person unlawfully and maliciously set fire to any woods, fence, grass, straw or other inflammable materia] which may spread fire on lands, he shall be guilty of a felony, [Pen- alty. — ] and ou conviction thereof shall be confined Ln the penitentiary not less than one year nor more than two years, and 2 *"* * [L. 1909, ch. 60 (sec. 53); Code 1913, sec. 3517 (ch. 62, sec. 53); L. 1915, ch. 15 (sec. 53).] Prima facie proof of wilfulness or negligence. — (See II, 16.) d. For failure to totally extinguish fires. — \Mioever by himself, or by his servants, agents or guide, or as the servant, agent or guide of any other person, shall build any fire, or use an abandoned fire in a field, public or private road, or adjacent to, or in any woods or forest in this state, shall, before leaving such fire, totally extin- guish the same, [Penalty, when damage is caused there- by. — ] and upon failure to do so, if failure to do so shall cause damage to any property within [sic], such person or persons, shall be deemed guilty of a misdemeanor, and on conviction thereof shall be fined not less than twenty-five dollars nor more than one hundred dollars and the costs of the prosecution, and upon default in paying said fine and costs, shall be confined in the county jail not more than ninety days unless said fine and costs be sooner paid. [L. 1909, ch. 60 (sec. .53); Code 1913, sec. 3517 (ch. 62, sec. 53); L. 1915, ch. 15 (sec. 53).] Prima facie proof of wilfulness or neglect. -^(See II, 16.) 18. CivU Liability. 0. For unintentionally setting fire to woods, etc. — [If any of the acts meiilioned in I], 17<: be done, unlawfully but not wilfully or maliciously, the person guilty thereof] shall moreover be liable to any person injured thereby, ,' The term "the next preceding seotion" has reference to see. 8 of ch. 148, L. 1S82 (Cotlc 1913, see. 5199). (Kee footnote 2 to subsec. c of this section, and footnote 1 to 11, 18i.) ' While the provisions contained in II, 17c, 18!i are direct amendments of certain provisions in L. 1909, ch. 60 (sec. 83), they appear to super- cede also sec. 8 of ch. 148, L. 18S2. or in consequence thereof, for all such damages as may be sustained by such per.-iou. [L. 1882. ch. 148 (sec. 9); Code 1913, sec. 5200 (ch. 145, sec. 9).] h. For maliciously setting fire to woods, etc. — [If any person unlawfully and maliciously set fire to any woods, fence, grass, straw or other inflammable material which raiv spread fire on lands, he] .shall moreover be liable to any person injured thereby, or in consequence thereof, for double -the amount of damages sustained by such person.' [L. 1909, ch. 60 (sec. 53); Code 1913, sec. 3517 (ch. 62, sec. 53); L. 1915,. ch. 15 (sec. 53).] Prima facie proof of wilfulness or negligence. (See II, 16.) c. For setting fire or allowing it to escape without taking required precautions in advance. (See II, 16.) d. Rights of damages between parties not barred by recovery, in name of county, of fire-fighting expenditures and costs. (See II, 26rf.) RAILROADS. r.KNERAL REQUIREMENT.S. 19. Provide Spark Arresters and Devices to Prevent Escape of Fire from Ash Pans and Furnaces. * * * every person, firm or corporation operating any locomotive steam engine in this state shall provide the- same with netting of steel or iron wire so constructed, and at all stich times^ maintained as to prevent the escape of fire and sparks from the smoke stacks thereof, and with adequate devices to prevent the escape of fire from ash pans and furnaces which shall be used on .such locomotives fL. 1909, ch. 60 (sec. 54); Code 1913, sec. 3518 (ch. 62, sec. 54); L. 1915, ch. 15 (sec. 54).] 20. Clear Rights of Way at Least Twice a Year. ^1. Every railroad company shall, on such part of its road as passes through forest land or lands, subject to fires from any cau,se, cut and remove from its right of way along sucli lands, at least twice a year, all grass, brush and other inflammable materials, [Employ trackmen during seasons of drought and early spring, to put out fires. — ] and employ in seasons of drought and before vegetation has revived in the spring, suflicient trackmen to promptly put out fires on its right of way; ami * * * Leave no deposits of fire coals or ashes. — 1)2. .\'o railroad j company or employee thereof shall deposit tire coals or I ashes on its track or right of way near such lands. ^ [L, 1909, ch. 60.=ary mi.'a'.ii to extingui.-ih the .same. [L. 1909, ch. 60 (sec. 54); Code 1913, sec. 3518 (ch. 62, .sec. 54); L. 1015. ch. 15 (?ec. 54).] LIABILITY. 23. Criminal. .\nd any raihoad company or officer, or employee thereof, and any person, firm, or corporation operating any such locomotive steam engine who shall violate any provisions of this section,' shall each be guilty of a misdemeanor, and upon conviction thereof, shall be fined a sum not less than twenty nor more than two hundred dollars. [L. 1909 ch. 60 (sec. 54); Code 1913, sec. 3518 (ch. 62, sec. 54); L. 1915 ch. 15 (sec. 54).] 24. CivU. For damages and costs of fire-fighting in cases of injury resulting from setting fire on their own lands without taking required action in advance. (See II, 16.) COMPULSORY BRUSH AND SLASH DISPOSAL. IN GENRRAl. i5. Notice to Neighbors. Cutting and Piling Brush, and Clearing Around Land, Required in Advance, to Pre- vent Spreading of Fire. (See II, 16.) Civil and criminal liability. (See II, Mi; 170, 6, «.■; 18o, b.) LEGAL PROCEDURE. 26. Forest Fire Officials are Vested with Power in Respect to tlie Following Matters: «. The lire warden has general charge of, and necessary powers for the institution of. legal proceedings to enforce fire laws. — (See I, 5.) I Sec. 3.-)lS, Code 1913. (See Taljle of Aot.s. on p. 10.) 6. The fire warden and deputy fire wardens execute and serve warrants, arrest violators without warrant, and make complaint before proper ofiicer. — (See I, 276 "^1.) Impress citizens in making arrests, seizures, etc. — (See I, 276 ''2.1 c. The fire warden and deputy fire wardens institute proceedings without sanction of prosecuting attorney for the county. — (See I. 27f "jl. i Condtict prosecutions with same authority as prosecuting attorney Employ attorney, when necessary. — (See 1, 27c!i2.) (/. The fire warden recovers fire-fighting expenditures and costs from offenders, in name of county. — The * * " [fire] warden in the name of lh(^ comil y in which any forest fire has occurred, and which has been (extinguished or sup- pressed by his efforts, shall recoxer from the person or per- sons, firm or corporation, giving origin to such fire, the amount so expended in extiuguishiug s;iid lire and the costs thereof, [Bights of damages between parties not barred. — | and the same shall not bar the rights of damage between the parties thereto. [L. 1909, ch. 60 (sec. 55); Code 1913, sec. ;i5i9 (eh. 62, sec. 55i: I.. 1915, ch. 15 (see. 54a).] 27. Additional Provisions. I'cnallijjor hindering forest oJ/icial.i. (See I, 2S.) Mdhoi! nf procedure . (See I, 29.) I)i.iposition of fines and other moneys: a. Fines: One-half of fines goes to deputi/ Jire mardtns for services rendered. (See I, 19 ]\1.) — The other lialf is turned into the Stute treasury through the fire warden, and credited to the " schoolfund." (See I, 7; 30 6 T[2.) h. Moiuys other thirn fines: Are paid into llie State treas- ury, and credited to llw ''forest, game and fish protective fund." (See I, 26.) e. Penalty for false returns as In moneys, or failure to pay over fines. (See I, 32.) d. Court officials mnkc quarterly reports to fire warden, ii.'i to moneys collected. (See I, 33.) PART III.— PUBLIC FORESTS. (Tliis part comprises the provisions of law, if any, (or the esta(»IlsIiinont aiid t i.n ihe.««' and on other lands owned hy the state.) ST.ATE FORESTS. 1. Acquirement. u. By purchase. — The forest, game and fish warden, by i aud with the consent of the govenior, shall have the | power to purchase lands in the name of the state, suitable for forest culture and reserve,s, [Price limited.- -] at a | price wltich shall not exceed five dollars per acre, [Avail- able funds. — ] using tor such purchase any stirplus money not otherwise appropriated which may be standing to the credit of the forest, game aud fish protective fund; (Administration. — ] aud to make all rules and regulations ! governing state reserves; and » » * 6. By gilt. — [The forest, game and fish warden] is hereby i authorized, by and with the consent of the governor, to I accept gifts of land to the state, [Administration-- | ateand iniiiri(!i|>;il (urt'sls. and (or the practi<'e o( (orestry Object. — ] the same to be held, protected and adminis- tered by the forest, game and fish warden a.s state forest reserves, and to be used so as to demonstrate the practical utility of timber culture and as a breedmg ]>lace for game. Reservation of mineral rights. — Such gifts must be abso- lute, except for the reservation of all mineral and mining rights over aud under said lands, aud a stipidation that th(!y .shall be adininislered a> state forest reserves, [Title. — ] and the attorney general of tht- state is directed to see that all deeds to the .state of lands mentioned above are properly executed before the gift is accepted. [Code 1913, sec. - - (ell. 62. .sec. 51/)); L. 1915. ch. 15 (sec. 546).] 2. Management. The state forester acts as executive officer of the forest, game and fish warden, in the work of forest management. (See I, 11.) PART IV.— TAXATION. (Thlspait comprises the pioxisionsof law, it any, covering thcclassilication aiid taxation of lorestcd laiid.sajid lauds to be lorested, the purpose oi wnich is to encourage the practice of forestry by private owners; also such bounty and e.xeuiption laws as have a like purpose. For similar taxa- lion provisions, if any, concerning state or municipal forests, or other stale lands, see Part III.) 10 STATE FORESTKY LAWS WEST VIBGINIA. TABLE OF ACTS. Legislation, as amended through regular and special sessions, 1917. .148 (sec. 8).. . 148 (sec. 9).. . 60(scc. D... .60 (sec. 2)... .60 (sec. 3)... .60 (sec. 4)... .60 (sec. 6)... . 60 (sec. 10) . . .60 (sec. 11).. . 60 (sec. 14).. . 60 (sec. 15).. .60 (sec. 16).. .60 (sec. 17).. . 60 (sec. 2a).. .60 (sec. 30).. .60 (sec. 31).. .60 (sec. .12).. .60 (sec. 51).. .60 (.sec. 52).. . 60(scc. 5i).. . 60(spc. 54).. .60 (sec. 55).. . 60 (sec. — ) . . Kquivaleut references in this leaflet. 5199 (ch. 5200 (ch. .3449 (ch. 3450 (eh. 34.51 (ch. 3452 (ch. 3454 (ch. 3468 (ch. 3469 (ch. 3472 (ch. 347.3 (Ch. 3474 (ch. 3475 (ch. 3489 (ch. 3490 (ch. 3491 (ch. 3492 (eh. 3515 (ch. 3516 (ch. 3517 (ch. 3518 (ch. 3519 (ch. (ch. 1 45, sec. 8) ' 145, sec. 9) 62, sec. 1) 62, see. 2) [ 62, sec. 3 ) 62, sec. 4) 1 62, sec. 6) L. 1915, eh. 14 (sec. 6) . . 62, sec. 10) 62, sec. 11) 62 sec. 14) 62; sec! li)'.'.'.'.'.'.'. ! L.'iwS,' cii.'i4"(sec.'l5).' 62, sec. 16) 62, sec. 17) 62, see. 29) 62, sec. 30) 62, sec. 31) 62, sec. 32) 62, sec. 51) 62, sec. .52) 62, sec. 5J) 62, sec. 54) 62, sec. 54-3) 62, sec. 54-6) L. 1913, ch. 14 (sec. 31). L. 1913, ch. 15 (sec. 51)... L. 1913, ch. 15 (see. 52)... L. 1915, ch. 15 (sec. 53).... L. 1915, ch. 15 (see. 54)... L. 1915, ch. 15(see. 54-a). L. 1915, ch. 15 (sec. 54-6). (See footnotes to II, 17a, c, 186.) II na, 182. I 111, 2, 1112, 12, 13, 18, 22, 19111, 7, 19112, 276113. 15,6. I HUl, 15, 14112, 166, 14113, 2312. I 2761[I. 13. 14. I 27c. I 276112. I 16l, 21a, 20, 33. 132. 128. I 2J1I1. I2JH. I 306t2, 26. I 29114. II 1, I 9, 11, 10, II S, 3, 6, lOi, 6, c, d. 11 9, 1.51!1, 11, 2, 15112. II 17*, 6, c, 186, 16. II 2011, 19, 20112, 21, 22, 21. II26ii. III la, 6. STATE FORESTRY LAWS LEAFLETS ALREADY PUBLISHED.' 1. Wisconsin. 2. Loiii3iana. 3. North Carolina. 4. Maryland. 5. Missouri. 6. Texas. 7. Virginia, 8. Idaho, n. Oregon. 10. Wyoming, U. New .Ter.sey.' 12. Washington. l.i. Indiana. 14. Minne.50ta. 15. Montana. 16. Illinois. 17. Ohio. 18. Connecticut. 19. Massachusetts. 20. New Hampshire. 21. Colorado ' The laws of other States, so far as they have been compiled, are available for loan through the Forest Service Library, Washington, D. C. ' Indicates that the supply is exhausted. WASniNOTON ; COVEttNMENT ralNTINO OFFICB ; 1017 Forestry Laws Leaflet No. 23. Date o( issue, Oct. 5, 1918. United States Department of Agriculture FOREST SERVICE Henry S. Graves, Forester STATE FORESTRY LAWS ' A parallel classification by States, showing the comparative progress of each in forestry legislation NEW YORK (Serial l~Through Reg. Sess., 1918^) Compiled by Jeannie S. Peyton, under the direction of Louis S. Murphy, Forest Examiner, in the Office of State Cooperation CONTENTS. Purpose of compilation Part I. —Administration Conservation commissioner Deputy commissioner Secretary Division of lands and forests Cleneral authorization of employees General personnel requirements Superintendent of forests Assistant superintendent of forests Foresters and assistant foresters Forest pathologist Admimstrative officers' general powers and duties.. Legal procedure Part II.— Fire protection State organized protection Administrative officers' general powers and duties . Foresters and assistant foresters District forest rangers Forest rangers Observers Fire wardens Chief railroad inspectors Auditor of fire accounts ( Jame protectors Fire-fighting laborers and foremen Town organized proteition To^'m superintendent of fires Town boards Forest rangers and assistants Fire wardens Distribution of costs of fixe protection State Towns Continuing appropriations and funds K indling fires m the open < Permit restrictions Prohibitive restrictions Railroads Precautionary .requirements through forest lands. . . Employees Liability Part II. — Fire protection — Continued. Steam operated engines, machines, and power plants other than railroad locomotives Conipulsory brush and slash disposal incident to lumbering, public works, and farming Legal procedure Institution of proceedings Method of procedure CniniiKil l.iihiiiiv I'l ! I n i iinneysrecovered inactions for penalties... Pan III.- 1 mil. m,. i. Slate foivsts i Purpnse of establishment P.stabiishment Lands levied upon for general property taxes and bridge and highway loans .Vdministrative officers' general powers and duties Commissioners of the land office State comptroller Foresters and assistant forei^ters District forest rangers Chief land surveyor Land clerk Legal procedure Municipal forests Part r\\— Taxation Purpose of forestry taxation provisions Classification of forest lands Annual, or general property, tax Yield tax Duties of forestry officials Part A — Appendix Definitions of the terms: ''Person,'' "forest land," "forest fire," "fire towns," and other terms Additional taxation act (ch. 249, L. 1912) Fxccrptsfrom the Penal Law Section 1421 ." Section 1900 Excerpt from the Conservation Law Salaries and ratings of forest rangors Table of Acts PURPOSE OF COMPILATION. The compilation of which this leaflet is ])ut a part aims to meet a manifest need of the times for a work of reference by means of which the basic legislation underlying the general forestiy, administrative and executive activities of the various States can readily be studied and compared. To this end only such of the State laws as bear more or less directly upon the practice of forestiy are here compiled, to the (exclusion of all oth(M' timber and tree laws, all forest insect and fmigus control laws except general provisions, and all transitory provisions 1 When a State leaflet of the Forestry law series is reprinted for local use, please append thereto the following: NoTF.— This arrangement of the Forestry laws of is rtfprinted from ''State Forestry Laws," compiled and issued in leaflet form by the Forest Service, V. S. I.^epartment of Agriculture. Similar leaflets for other States, so far as available, and information concerning forestry laws generally \vili be furnished upon request addressed to "The Forester, Forest Service, Washington, D. C." • In the case of the 1918 legislation, only the text of the conservation law has been used, and that was procured informally in advance of the official publication of the volume of session laws. 51748—18 1 ^yhi STATE FORESTRY LAWS NEW YORK. of law, including those concerning annual or biennial appropriations. Succeeding issues of each State leaflet, to form a separate series for each State, will serve to keep these fundamental laws up to date and free from encumbrance by obsolete provisions. The laws themselves have been analyzed and classified, in detail, to show the activities of the various officers and governing bodies, as these bear on "Administration," "Fire Protection," "Public Forests," and "Taxa- tion," the text being skeletonized in black-face type and copiously cross-referenced in italic, to aid the rapid sensing of the entire legislation or of any particular part of it. A Table of Acts is appended to each leaflet for the benefit of any who do not have access to the original enactments from which the provisions used in the compilation were taken and who desire to reconstruct them. PART I. ADMINISTRATION. (Tills part comprises the provisions ot law. if any, deflninj; the sionoral administral ivo ilulies o[ Ihe regularly constituted state forestry official!!; also certain miscellaneous forestry provisions. For specific provisions, if any, concerning administrative duties of these or other state officers in connection with forest fires, state and municipal forests, or other state lands, or forest taxation, see Parts H, III, and IV, respectively.) CONSERVATION COMMISSIONER. 1. ■Commissioner' Includes 'Commission." The terms "commission," "conservation commission" and ' ' commissioner, ' ' when used in this chapter, i * * * shall each mean the conservation commissioner, and * * * [C. L..- sec. 2; * * * ; L. 1917, ch. 486, sec. 1.] 2. Authorization. ^1. The conservation department is hereby created and shall have four divisions. The department shall continue to be in charge of a commission ' to be known as the consei-vation commission which, except as otherwise provided in this chapter, shall have all the powers and be subject to all the duties of the forest purchasing board, the forest, fish and game commission or commissioner, * * * as fixed by law on July eleventh, nineteen hundred and eleven.^ 1)2, Action is taken by formal order of the commis- sioner. — * * * wherever by the terms of this chapter 1 The term "this chapter," as used throughout this compilation, has reference to ch. 647, Laws of 19n, and its equivalent, ch. 65 of the Consohdated Laws, both as amended through 1918 (Reg. Sess.). 2 The abbreviation "C. L.," in this' compilation, has reference to the short title prescribed for chapter 647, Laws 1911, which reads as follows: This chapter shall bo known as the Conservation Law. [C. L., sec. 1.] 3 All suits and proceedings brought upon the order of or against the forest, fish, and game commission, * * * or the forest purchasing board shall be continued by or against the conservation commission * * * but the forest, fish, and game commission, * * * and the forest purchasing board * * * shall continue as now consti- tuted imtil the appointment and qualification of the members of the conservation commission to be appointed pursuant to this chapter at which time the forest purchasing board shall cease to e.xist and the terms of office of the forest, flsh, and game commissioner and * * * shall e.\pire and thereafter the conservation commission shall be deemed and held to constitute a continuation of (he forest purchasing board, the forest, fish, and game commission, * * * and not a new com- mission for the purpose of succession to all the rights, powers, duties and obUgations for the forest purchasing board, the forest, flsh, and game commission • * * except as modified by this act, with the same force and effect as if such modification were made without any change in the membership of such commission. [C. L., sec. 10.] * These powers and duties are now contained in Article IV of the Con- servation Law, as amended to date. (See Table of .\cts, on p. 38.) or any other statute, action by the conservation com- mission is required to be taken by resolution or in any manner liy the concurrence of a majority of the members, f-ucli action shall be taken by a formal order of such commissioner entered in the records of the conservation department. [0. L., sec. 2; * * *; L. 1917, ch. 486, .sec. 1.] 3. Appointment. HI. The commission shall hereafter consist of one mem- bei to be appointed by the governor, by and with the ad ^'ice and corsent of the senate. * * * ^2. Limita- tion of time for making appointment. — A commissioner shall be appointed hereuudei- within twenty days after the amendment to this section takes effect. [C. L.. sec. 2; * * *; L. 1917, ch. 486, sec. 1.] T|3. Eligibility. — No person shall be eligible to or shall continue to hold the office of commissioner, deputy com- missioner, chief of a division or secretary to the eommissii'ii who is engaged in the business of lumbering in any forcsi preserve county or who is engaged in any business in tlic prosecution of which hydraulic power is used or in whicli water is distributed or sold under any public franchise or who is an officer or holder of the stock or bonds of any cor- poration engaged in such business within the state. [('. I.., sec. .5; L. 191,5. ch. 318, sec. 4.] 4. Salary. The commissioner shall receive an annual salary of eight thousand dollars. fC. L., sec. 2: * * *; L. 1<)I7, ch. 486, sec. 1.] 5. Expenses. The commissioner, secretary, deputy commissioner, superintendent of forests, assistant superintendent of forests, chief game protector, deputy chief game pro- tector, * * * shall each have reimbursed to him all actual, and necessary traveling and other expenses and dislnirsements incurred or made by him in the discharge of his official duties. [('. L., sec. 3; * * *; L. 1917, ch. 486, sec. 2.] (See also I, 26.) LIBRARY OF CONQPJESS MAY2B1922 1 STATE FORESTRY LAWS NEW YORK. HART I— Continued.) 6. Bond. The commissionor, deputy, secretary and each chief of a division shall execute and file wdth the comptroller a bond to the people of the state in the sum of ten thousand dollars, with sureties to be approved by the comptroller, conditioned for the faithful performance of his duties, and that he will account for and pay over pursuant to law all moneys received by him. [C. L. sec. 3; * * *; L. 1917, ch. 486, sec. 2.] 7. Tenn of Office. The regular term of office of the commissioner shall be 8i-\ years to be computed from the first day of January of the calendar year in which he shall have been appointed. [C. L., sec. 2; * * *; L. 1917, ch. 486, sec. 1.] 8. Bemoval. The governor may remove the commissioner for ineffi- ciency, neglect of duty or misconduct in oflice, giving to him a copy of the charges against him and an opportunity of being publicly heard in person or by counsel in his own defense, upon not less than ten days' notice. If such com- missioner shall be removed the governor shall file in the office of the secretary of state a complete statement of all charges made against such commissioner and his findings thereon, together with a complete record of the proceedings. [C. L., sec. 2; * * *; L. 1917, ch. 486, sec. 1.] 9. Appoints a Secretary, Deputy Commissioner, Superin- tendent and Assistant Superintendent of Forests, and Other Subordinates. TIL. The conmiission shall have its principal office in the city of .\lbany. The commission shall appoint, to hold office during its pleasure, a secretary to the commission at an annual salary of three thousand dollars, a deputy com- missioner at an annual salary of six thousand dollars, a superintendent of forests at an annual salary of five thou- sand dollars, an assistant superintendent of forests at an annual salary of three thousand dollars. * * * p. The commission shall also appoint such other subordinates as shall be needed, to carry out the provisions of this chap- ter, within the amount appropriated therefor. [C. L., sec. 3: * * *; L. 1917, ch. 486, sec. 2.] 1[3. [The commis- sion is empowered to] .Appoint necessary employees to perform such dutie.i as are required by this article.' [C. L., sec. 50, subsec. 21: * * *; L. 1916, ch. 451, sec. 1.] General authorization of employees. (See I, 12.) 10. Assigns Duties to Subordinates. The subordinates of the department, except as specially prescribed in this chapter, shall have such powers and shall perform such duties as shall be assigned or required of them by the commission. [C. L., sec. 7; L. 1915, ch. 318, sec. 5.] General Cross-Eef jrences. Other general powers and duties. (See "Administrative Officers' General Powers and Duties, " I, p. 5). Liability for failure to perform duties: Criminal. (See- II, 54, 55.) Chil. (See II, 57). ' Article IV. (See Table of Acts, on p. 38.) DEPUTY COMMISSIONER. General Cross-References. Appointment and salary. (See I, 9 ^1.) Eligihilty. (See I, 3 13.) E.rpenses. (See I, 5.) Bond. (See I, 6.) General powers and duties. (See I, 10; and " .Vdministra- tive Officers' General Powers and Duties, " I, p. 5.) Liability for failure to perform duties: Criminal. (See II, 54, 55.) Civil. (See 11, 57.) SECRETARY. General Cross-Eeferences. Appointment and salary. (See I, 9 Hi.) Eligibility. (See I, 3 p.) Expenses. (See I, 5.) Bond. (See I, 6.) General powers and duties. (See I, 10; and ".\dminis- trative Officers' General Powers and Duties, " I, p. 5.) Liability for failure to perform duties: Criminal. (See II, 54, 55.) Civil. (See II, 57.) DIVISION OF LANDS AND FORESTS. 11. Establishment and Jurisdiction. Til. There shall be in the deiiartinent a division of lauds and forests under which shall be administered all laws relating to tree culture and reforestation by the state and to the care and management of such parks, reservations or lands of the slate as now are or hereafter shall be placed under the jurisdiction of the commission; » » * 12. The chief and administrative head is the superin- tendent of forests.— The superintendent of forests shall be the chief and administrative head of the di\asion of lands and forests. [C. L.. sec. 4; L. 1915, ch. 318, sec. 3.] (iENEBAL .AUTHORIZATION OF EMPLOYEES.' 12. Employees Authorized and Their Duties Defined. Preamble. — For the purposes of admiuistration and to carry out the provisions of this article, ^ the following employees are hereby authorized and their duties defined. [C. L., sec. 51, preamble; * * *; L. 1917, ch. 266, sec. 2; L. 1918, ch. 421, sec. 1.] Note. — The respective proWsions' specifying these employees and defining their duties are placed under the following headings: "Superintendent of Forests," p. 4; "Assistant Superintendent of Forests," p. 4; "Chief Land Sui've yor, " p. 27; "Foresters and -Assist- ant Foresters," p. 4; "Forest Pathologist," p. 5; "Chief Railroad In.spectors, " p. 10; "Land Clerk," p. 27; "Auditor of Fire Accounts, '' p. 10; "District Forest Rangers, " pp. 8, 9 ; " Forest Rangers, " pp. 9, 37 ; "Observers," p. 9; "Fire Wardens," p. 9; "Fire- Fighting Laborers and Foremen, " p. 10. ' See also I, 9 112, 113. ' Article IV. (See Table of Acts, on p. 38.) ' See sec. 51 of C. L., in Table of Acts, on p. 38.) STATE FORESTRY LAWS NEW YORK. PART I— Continued.] GENERAL PERSONNEL REQUIREMENTS. 13. The Superintendent and Assistant Superintendent of Forests, Foresters and Assistant Foresters are re- quired to be Trained Foresters. The employees enumerated in subdivision.s one,' two,- four,'' and five ' of this section " shall be trained foresters. [C. L., sec. 51, subsec. 15; * * * L. 1916, ch. 451, seo. 1.] 14. The above OfBcials and Certain Others are Under Competitive Civil Service Classification. The employees enumerated in subdivison. .\nMINI.STR.\TlVE OFFICERS' = GENE1!.\L POWERS AND DITIE.S.5 20. Empowered to Institute and Conduct Investigative Proceedings. Ijl; The conservation commissiou shall have power, for the state, to initiate and conduct, of its own motion, any proceeding provided for in any article of this chapter for the construction of improvements or development uf natural resources, for the public health or safety or welfare, or any of them, and if a petition is presented by any person or persons or by a corporation, municipal or other- wise, under any such article, the commission may, in its discretion, extend the scope of such proceeding to and including any or all improvements or developments of natural resources which may be done under all or any provision or provisions of this chapter, and if any part of the procedure governing the matters concerning which the petition is presented can not be made applicable in all respects to the subject matter of the proceeding as thus extended, then the procedure peculiar to such additional matters as provided for in this chapter shall be adopted to the extent necessary. [C. L., sec. 20.] 112. Any investigation, inquiry or hearing which the commission has power to undertake or to hold may be undertaken or held by or before the commissioner, the deputy commissioner or the chief of a division, or before any otheroflicer or employee of the department, designated for such purpose by written order of the commission, 1 No specific pro\isiou is made as to the amount of his compeusatiou. - The several officers who are concerned in Ihese general powers and duties are the commissioner, deputy commissioner (see I, a, 9j, super- intendent of forests (see I, 16), and assistant superintendent of forests (sec I, 17), and, when speci.lcally provided, such other officers as may be designated. 3 In iddltion to the forestry duties enumerated, the commission is charged, under a 1917 amendment to the conservation law, with the control of the white-pine blister-ru^t disease. (See volume of .Session Laws of 1917, ch. 283, which amends Art. IV of the Conservation I>aw liy adding thereto section 57-3.) filed in its othce. All investigations, inquiries, hearings and decisions of the commi.'isioner, tlie deputy commis- sioner or the chief of a division, sliall be and be deemed to 1)0 the investigations, inquiries, liearings and decisions of the commission, [Commissioner approves certain orders and decisions. — ] and ever)' order or decision made Ijy the commissioner, and every order or decision made by the deputy commissioeiia and require the attendance in this state of witnesses and the production by them of books and papers pertinent to the investiga- tions and inquiries which it is authorized to make under any article of this chapter, and to examine them and such public records as it shall reqtiii'e in relation thereto, and for the purposes of such examinations the conservation commission shall possess all the powers conferred by the legislative law upon a committee of the legislature or by the code of civil procedure upon a board or committee, and may invoke the power of any court of record in the state to compel the attendance and testifying of witnesses and the production by them of books and papers as afore- said. [C. L., sec. 24.] Ij.T. Immunity of witnesses. — Xo person shall be excused from testifying or from producing any books or papers in any investigation or inquiry by or upon any hearing before the commission or any commissioner, when ordered to do so by the commission, upon the ground that the testimony or evidence, books or documents required of him may tend to incriminate him or subject him to penalty or forfeiture, but no person shall be prosecuted, punished or subjected to any penalty or forfeiture for or on account of any act. transaction, matter or thing concerning which he shall under oath have testilied or jjroduced document- ary evidence; pro\-ided, however, that no person so testi- fjdng shall l)e exempt from prosecution or punishment for any perjury committed by him in his testimony. Noth- ing herein contained is intended to give, or shall be con- strued as in any manner giving, unto any corporation immunity of any kind. [C. L.. sec. 25.] 21. Prescribe Rules and Eegulations. 111. Preamble. — The commission sliall, for the |impose of carrying out the provisions of this article ' have the following power, duty and authority-: [C. L., sec. 50, preamble; * * * ; L. 191G, ch. 451, sec. 1.] 1 Article IV of C. L. (See Table of Acts, on p. 3S.) ' For these provisions, in full, see sec. 50 of C. L., in Table of Acts. . p. :». STATE FOEESTRY LAWS NEW YOKK. PART 1— Continued. S ^2. Make necessary rules and regulations ' to secure proper enforcement of the provisions hereof. [C. L., sec. 50, subsec. 2; * * * ; L. 191t), ch. 4.51, sec. 1.] f,3. Record and posting of rules and regulations. — Rules and regulations established by the commission for the enforcement of the provisions of article four of this chapter shall be entered by the commission in its book of minutes and at least three copies thereof posted in public places in the towns in which such rules and regulations apply, at least thirty days before the same shall take effect. ^4. Criminal liability for violations of rules and regula- tions. — Any person who violates any provision of any rule or regulation so established by the commission, pursuant to the provisions of this section, shall be guilty of a mis- demeanor and shall, upon conviction, be subject to a fine of not to exceed one hundred dollars or imprisonment for not more than thirty days or by both such fine and impris- onment. [C. L., sec. 33; L. 1912, ch. 444, sec. 4.] 22. Conduct Forestry Investigations. [The commission is empowered to] Make investigations or experiments with regard to forestry questions. [C. L.. sec. 50, subsec. 5; * * * ; L. 1916, ch. 451, sec. 1.] Same authority is also conferred by I. 20. 23. Cooperate with the Following : a. With state institutions, boards, etc.: 1|1. General pro- vision. — [The commission is em]iuwered to] Examine the forest lands under the charge of the several state institu- tions, boards or other management for the purpose of ad- vising and co-operating in securing proper forest manage- ment of such lands. [C. L.. sec. 50, subsec. 8; * * * ; L. 1916, ch. 451. sec. 1.] 1|2. Pay over to institutions a portion of the proceeds from sale of trees grown at the institutions. — Such por- tion of the proceeds of the sale of trees grown at state insti- tutions, as the commission determines is equitable, may be paid over to that institution. [C. L., sec. 50, subsec. 9; * * * ; L. 1916, ch. 451. sec. 1.] Propagate trees for such institutions. (See I 24 \Z.) %i. Special provision for Palisades interstate park. — Nothing in this chapter shall be construed as extending the jurisdiction of the conservation commission over the real or personal property now or hereafter under the con- trol or in the custody of the commissioners of the Palisades interstate park, but said conservation commission is au- thorized to co-operate with said commissioners of the Pali- sades interstate park liy the joint employment of wardens, foresters and keepers, for the mutual protection of the lands under the jurisdiction of said respective commissions and other state commissions and the preservation of the forests thereon and of the fish and game therein. [C. L., sec. 50, subsec. 31; * * * ; L. 1917, ch. 71, sec. 1.] 6. With private owners. — [The commission is empow- ered to] Examine private forest lands for the pm'pose of > The rules and regulations duly adopted by the forest, fish and game commission or commissioner * * * shall continue in full force and effect until otherwise ordered by the conser\'atian commission. [C. L,, sec. 13.] advising the owners as to the proper methods of forest management. [C. L., sec. 50, subsec. 14; * * * ; j^. 1916, ch. 451, sec. 1.] Supply trees from nurseries at cost of production. (See 1, 24 p.) c. With governing boards of counties, cities, towns, and school districts. — In reforestation work, and furnish trees without charge, if planted as directed. (See III, 32 b 1f2.) 24. Establish and Maintain State Forest Nurseries. Til. [The commission is empowered to] Establish, oper- ate and maintain nurseries for the production of trees to be used in reforestation. [C. L., sec. 50, subsec. 3; * * * ; L. 1916, ch. 451, sec. 1.] Convict and other institutional labor used. (See I, 25.) T[2. Purposes, in general, for which the trees may be used. — Such trees may be used to reforest any land owned by the state ; supplied to owners of private land at a price not exceeding cost of production; or used for planting on public lands under such terms as may be deemed to be for the public benefit. [C. L., sec. 50, subsec. 3; * * * ; L. 1916, ch. 451, sec. 1.] ^3. Special provision for propagating trees for state insti- tutions and highway purposes. — [The commission is em- powered to] Pmiiagate trees and shrubs for the several state institutions or "for planting along improved high- ways. Reduction in transportation rates. — Any conunon carrier may transport trees or shrubs grown by the state at a rate less than the estabUshed tariff. [C. L., sec. 50, subsec. 10; * * * ; L. 1916, ch. 451, sec. 1.] 25. Employ Convict and Other Institutional Labor lor Nursery and Tree Planting Work. f\. General authority. — [The commission is empowered to] Employ, with the approval of the superintendent of prisons, convicts committed to any penal institution or, with the approval of the governing board thereof, the in- mates of other state institutions, for the purpose of pro- ducing or planting trees. [C. L., sec. 50, subsec. 9; * * * ; L. 1916, ch. 451, sec. 1.] %'2. Special authority. — AVhen desirable for the 1 est interests of the state, as well as the wards thereof, the superintendent [of the Rome State Custodial Asylum], subject to the approval of the board of managers, may grant to gi'oups of inmates in colonies on rented premises or on land owned by the state, parole or leave of absence to do * * * reforestation and forestry work under the direc- ti(5n of the conserAation commission, and any expense connected theremth shall be a charge upon the regular maintenance of the asylum. [State Charities L.,' sec. 95, subsec. 11; L. 1916, ch. 71, see. 1.] 26. Reimburse Employees for Official Expenditures. [The commission shall] Reimburse employees for actual and necessary expenses incurred while upon official busi- ness. [C. L., sec. 50, subsec. 30; * * * ; L. 1916, ch. 451, sec. 1.] (See also I, 5.) . 1 The State charities law is contained in L. 1909, ch. 57, and its equiva- lent, ch. 55 of the Consolidated Laws. STATE FORESTRY LAWS — NEW YORK. PAKT 1— Cimtiniuvl.l 27. Collect and Compile Statistics on Forests Products. It shall be the duty of ail manufacturers of timber and consumers of round wood or timber or wood for com- mercial purposes to report to the conservation commis- sion, annually, when called upon to do so, on blanks furnished by the commission, the amount of round wood or timber used, or himber manufactured from trees grown in this state, during the calendar year. (('. [,.. .sec. oS; » * *; L. 1916, ch. 451, sec. 1.] 38. Provide Printed Information Concerning Forestry Matters. I The commission is empowered lo] Prepare, print, post or distribute printed matter relating to forestry. |('. L. sec. 50, subsec. 4: * * *; L. 1916, ch. 451, sec. 1.] 29. Make Reports. ". Annual report to legislature. — The cuniimssiuu shall annually report to tlio legislature on or before January fifteenth, with such recommendations as it deems proper, specifying the receipts, expenditures and work of the department for the preceding fiscal year. Such report shall include a brief description of all lands purchased during the year, and the statistics of various fires, and any trespass upon state lands, and a brief summary of all litigation prosecuted or defended by the commission. b. Special reports for information of the public. — It shall be the duty of the commission to publish and dis- tribute for public information reports in which shall be briefly set forth the work of the department and of its several divisions. [C. L., .sec. 12; * * *; L. 1915, ch. 318, sec. 9.] 30. Have Such Other Powers and Duties as May Be Provided. [The commissiunj Shall have such other powers and duties as are provided by law. [0. L., sec. 50, subsec, 29: * * *; L. 1916, ch. 451, sec. 1.] Liability for failure to perform duties: Criminal. (See II, 54, 55.) Civil. (See II, 57.) LEGAL PROCEDURE. I'rurisionn cijncenting the subject of legal procedure. (See Part 11, page 15, ami Part III, page 27.) PART II. FIRE PROTECTION. (This part comprises the general provisions of law. if protection of Sliite or municipal forests, see Part HI. i STATE ORGANIZED PROTECTION. ADMINISTRATIVE OFFICERS' ■ GENERAL POWERS AND DUTIES. 1. In Fire Towns. 11. Preamble. — The following classification of districts - is made for the purpose of protecting the forests from fire. [C. L., sec. 52, preamble: * * *: L. 1916, ch. 451, sec. 1.] 112. Conservation commission maintains a forest fire protective system. — The commission, for the preven- tion of forest fires and the extinguishment of fires bui'n- ing or threatening forests, shall, in the fire towns,' main- tain a force of forest rangers, observers and fire wardens. It shall maintain an approved fire protective system, in- cluding fire observation stations and other equipment necessary to prevent and extinguish forest fires. Territory is subdivided into districts, in charge of district forest rangers. — The territory included within the fire towns shall be divided into five districts, each of which shall be in charge of a district forest ranger. [C. L., sec. 52, sub- sec. 1; * * *; L. 1916, ch. 451, sec. 1.] 2. In Other than Fire Towns, where Commission Deems State Organized Fire Districts Necessary. Establish, equip, and operate observation stations, pre- pare and post fire notices, and organize a fire force, — The coiiimisison ma\' establish a forest fii'e protective system in such other parts of the state as it may deem necessary ' The several ofTicers who are concerned in these general powers and duties are the commissioner, deputy commissioner (seel, 3, 9), superin- tendent of forests (see I, 16), and assistant superintendent of forests (see I, 17). ' For the three classes of districts, see II, 1, 2, 211;, 226, 2aii. » A list of the fire towns referred to will be found in the Appendix, on p. :ij. iicorniUR iiroti-ction from forest Qros. l-'iir localized provision.'^, if any, concerning where there are contiguous areas of forest land aggregating seventy-five thousand acres or upwards. In such re- gions the commission may establish, equip and operate fire observation stations w'ith the necessary accessories, prepare and post fire notices, organize a fire ])rotective force, [May require the town authorities to perform their forest fire duties. — ] and require the town authorities to perform their duties in forest fire protection.' May appoint fire wardens when necessary. — If the town sujjer- visor fails to certifj' to the conservation commission by February fifteenth of any year a list of the fire wardens for such town then the conservation commission may appoint necessary fue wardens. [C. L., aec. 52, subsec. 2; * * *; L.1916, ch. 451, sec. 1.] 3. Maintain a Fire Protective System. [The commission shall] Maintain a system of forest fire protection in the fu-e towns and such other areas as the commission determines necessary. [C. L., sec. 50, subsec. 16: * * *: L. 1916, ch. 451, sec. 1.] 4. Incur Necessary Expenses for Fire Protection Pur- poses. Ill [The commission shall] Purcha.so necessary equip- ment, tools or supplies, employ men or incur other ex- penses as may be necessary to furnish adequate forest fire i)rotection. [C. L., sec. 50, subsec. 17; * * *; L. 1916, ch. 451, sec. 1.] '"2. Interfering with supplies or other material so main- tained for purposes of fire protection constitutes a mis- demeanor. — Any person '^ who molests, injures, removes, ' See II, 22b, 23b. !The term "person," as used in Article IV of the conservation law include.'; a copartnership, joint-stock company, or a corporation. See Appendix, p.:j5. STATE FOEESTBY LAWS NEW YORK. PART II— Coatmued.] destroys, or withholds supplies or other material main- tained for forest fire protection purposes shall be guilty of a misdemeanor. [C. L., sec. ()3, subsec. 3; * * *; L. 1916, ch. 451, sec. 1.] Liability of violators: Crindnal. (See 11, 54, 55.) Civil. (See II, .57.) 5. Establish and Operate Observation Stations, Telephone Lines, Etc. 111. [The commission shall] Establish, maintain, equip, and operate forest fire observation stations, telephone lines, or other structures therefor as the public interest requires. [C. L., sec. 50, sub.sec. IS; * * * ; L. 1916, ch. 451, sec. 1.] 112. Contract for. or purchase, telephone lines, for construction or operation. — [The commission shall] Make contracts, agreements or purchases either for construc- tion, operation or maintenance of telephone lines for fire protection purposes. Preferred rates may be granted to the State. — Any telephone company may grant the state a preferred rate. [C. L., sec. 50, subsec. 19; * * * ; L. 1916, ch. 451, sec. 1.] 6. Build Fire Lines, Trails, Roads, Etc. [The commission shall] With consent of the owner, build or improve fire roads, ditches, trails, or fire lines. Not liable for trespass. — No action for trespass shall lie on account of injury to private property on such ac- count, if the act is performed in the protection of the forests from fire. [C. L., sec. 50, subsec. 20; * * * ; L. 191G, ch. 451, sec. 1.] 7. Make Working Agreements with Land Owners as to Forest Fire Protection. [The commission] May enter into working agreements .with land owners for the purpose of securing better forest fure protection in the fire towns. [C. L., sec. 5o, sub- sec. 27; * * *; L. 1916, ch. 451, sec. 1.] Ceitaiu Additional Powers 'and Duties. Appoint necessary employees. (See I, 9.) Provide for posting, or distribution of, necessary informa- tion concerning forest fires. (See I, 28.) Include statistics of fires in annual report to the legislature, and publish and distribute special reports for informalion of the public. (See I, 29.) Mate forest rangers in three grades. (See A, p. 37.) Fir salaries of observers. (See II, 12.) May request comptroller to advance funds for facilitating payment of fire accounts. (See II, 26 TI2.) Certify to need for emergency loan for fire protection pur- poses. (See II, 29 p.) In fire towns, reimburse persons for fire-fighting expendi- tures. (See II, 26 fi.) Submit expense accounts of fire towns to boards of county supervisors, for reimbursement of State in respect to towns' share of the expenditures. (See II, 27.) Make required disposition of moneys received in actions for penalties under Article IV of C. L. (See II, 30.) Designate persons to issue permits for kindling fires in theopenin fire towns. (See II, 31.) Appro^le .fire protective devices for locomotives operating through forest lands. (See II, 36.) Have access,. for purposes of inspection, to railroad records as to condition of fire protective devices. (See II, 37 Hi.) May order to be removed from service any locomotive not properly equipped with fire protective devices, operating in. /ire towns. (See II, 37 112.) Require railroads operating through forest lands, to keep their rights of way cleared (see II, 39); and have distrre- tionary powers as to relieving railroads from this requirement and also from that of maintaining ./ire patrol along such rights of way (see II, 40 112). May request public service commission to determine the adequacy of precautions taken by railroads. (See II, 41.) Furnish blanks to railroads for reports on forest fires. (See 11,42.) Approve fire protective devices for portable en.gines and other steam power plants. (See II, 44.) May grant extension of time in which to top-lop evergreen trees. (See II, 45 112.) Institute and conduct proceedings under Article IV of the Conservation Law. (See II, 48.) May request appointment of a deputy attorney general. (See II, 49.) Are empowered to issue orders for bringing actions for penalties under the Conservation Law. (See II, 50 HI.) Have authority to compromise caus of civil liability, and may confer the authority upon subordinates. (See II, 53.) Liability for failure to perform duties: Criminal. (See II, 54, 55.) Civil. (See II, 57.) FORE.STERS AND ASSISTANT FORESTERS. Powers and Duties. o. Of foresters: Perform such fire protection work as may be required. (See I, 18a.) Arrest violators, writhout warrant, and bring them before a magistrate, and exercise other necessary police powers. (See I, 16 1[2.) 6 . Of assistant foresters: Assist the foresters in fire protection work. (See 1, 186.) c. Perform such other duties as the commission may re- quire. (See I, 10.) d. Liability for failure to perform duties: Criminal. (See II, 54, 55.) Civil. (See II, 57.) DISTRICT FOREST RANGERS. 8. Salary. Five district forest rangers [are hereby authorized], who shall receive a salary of eighteen hundred dollars per annum , and * * * [C. L., sec. 51, subsec. 10; * * * ; L. 1918, ch. 421, sec. 1.] 9. Powers and Duties. a. Have charge of flre districts comprising portions of fire towns. — * * * each of whom [district forest rangers] shall have charge of a certain portion of the fire towns, to be known as a fire district, for the purpose of securing forest fire protection and preventing trespass upon state land. [C. L., sec, 51, subsec. 10: * * * ; L. 1918, ch. 421, sec. 1.] STATE I'OKESTRY LAWS NEW YORK. 9 AUT II— Conlii Hi.] '). Employ fire-fighting laborers, foremen, and teams — Compensation. — District forest rangers, forest rangers, ol)ser\'ers, lire wardens and game protectors or any other oflicer charged witli the duty of fire fighting may, wlien necessary, employ men who shall be paid at the rate of twenty cents per hour and teams to fight forest fires, and also engage other men t Sec. 9S ol Town Law. (See Table ol Acts, on p. 38.) 2 Article IV of C. L. (See Table of Acts, on p. 38.) ' For these provisions, in full, see sec. 53 of the t\ L., in Table of Acts on p. 38, STATE FORESTRY LAWS NEW YORK. 13 PAR]' II— Continued.] balance of such receipts shall be available for enforcing the various provisions of law for the protection of forests against fire. [C. L., sec. 30; L. 1912, ch. 444, sec. 4.] KINDLING FIRES IN THE OPEN. PERMIT RESTRICTIONS. 31. Permit Required, in Fire Towns, for Setting Fires to Clear Land, Burn Logs, Brush, Etc. HI. No person ' shall set or cause to bo set tire for pur- pose of clearing laud or burning logs, brush, stumps, or dry grass, in any of the fii'e towns, without first having oljtainod from the commission a written permit so to do. Presence of person issuing permit required when forest land is endangered. — If such burning is dune near furcsl lands and if there is danger of the fire spreading, a person e for the use of all the people. |L. 1917, ch. 146, sec. 4.] 2 The [Bond Issue] enabling act coneemins this bond issue contains the following provision: "Subject to the niinR of such cousent, any such proceedings .shall be conducted by and in the name of the conserva- tion commission; Provided, however, that if iiny other board, otRcer or commission shall succeed by law to the general powers of the conserva- tion commission in relation to the care of the forest preserve, such latter board, offlcer or commission .shall have and exercise all of the powers and duties conferred by any provision of this section upon the conser- vation commission." (L. 1916, ch. 569, sec. 4.] 3 For these provisions, in full, so far as they concern forestry, see sec. 59 ot C. L., in the Table of Acts on p. 38. STATE FORESTRY LAWS XEAV YORK. 21 PART III— Contmucd.l l)ro\aded l)y section fifty-nine" of tho conservation law, as amended, relating to lands within the Adirondack or CatskiU ])arks or adjacent thereto. Sec. 59 of C. L. ap- plies.- All the provisions of such section shall u])i)ly to lands to be acquired under this act ' and the ac(iuiaition thereof and to compensation or damages therefor, [Excep- tions. — ] excepting as follows: (]) the entry and appro- jiriation .shall he with the advice and con.sent of the com- missioneis of the land office instead of the approval of the goveinoi, and (21 .such consent, in WTiiing, shall he filed with the county clerk of each county in which lands pro- posed to he taken are situated. [L. 1917. ch. 14G. sec. 2.] Lands acquired suhjer.t to retention hi/ oirner of title to timber. (See III, 8.) 6. Lands Acquired by Gift or Devise. Under conservation law. —[The commission may] Re- ceive and accejit in th(^ name of the peonle of the state, by gift or devise, the fee or other estate therein of lands or timber or liolh. for forestry purposes. [('. L.. .sec. 50, subsec. 7; * * *; ],. i\ the state; but the sei-vice of such notice shall raise no pre sumption that the lands, forests, and rights in tinrber 1 Article IV of C. L. (See Table of Acts, on p, 38.) ' See III, 12. ' See III, 5b. * See III, ba,b. > Sec. .59 of C. L. (Sec Table of Acts, on p. 38,) STATK FORESTRY LAWS NEW YOKK. 23 I'ART Ill-Coiuiiuied.) upon such lands described tlierein are private property. [C. L., sec. 59. subsec. 3; * * *; I.. 1916, ch. 451, 80C. 1.] 1[2. Service of the notice and papers provided for under subdivision three must be personal if the person to be served can be found within the state. If the person to be served falls within any of the classes mentioned in section four hundred and thirty-eight of tlie code of civil jjrocedure, the provisions of article second, title one of cliapter live of the code of civil procedure relating to the service of a summons in an action in the supreme court, sliall apply, so far as practicable, to tlie sei-vice of such notice and papers. [C. L., sec. .59. sul)sec. 1; * * * ■ L. 1916, ch. 451, sec. 1.] r. A second copy of such endorsed description, together with evidence that the owner has been duly notified, to be filed in the office of the county court. -Said commission shall thereupon cause a duplicate of such description, certihcate, and notice of filinsj. with an athdavit of due serv'ice thereof on such ovTOer or owners, to be recordeil in the books used for recording deeds in the ofiice of the clerk of any county in this state in which any of the property ilescribcd therein may be situated; [Evidence of due service of notice. — ]and the record of such notice, and of such proof of sen-ice. shall be presumptive evidence of due sei-vice thereof. [C. L., sec. 59, subsec. 5; * * *; L. 1916, ch. 451, s«r. 1.] 11. Payment for Lands Acquired through Agreement with the Owner. Incident to Entry and Appropriation, and for Damages Caused Thereto. "1 Commission may adjust, by agreement with owner, payment for lands, and for any damages caiised. (Ap- plies under both Conservation Law and Bond Issue Appropriation Act.'). — Claims for the \alue of the pnjpcrty appropriated, and for legal damages caused by any such appropriation, may be adjusted by the commission, if the araoinit th?reot can be agreed upon witli tlie owner oi- owners thereof. Commission certifies to comptroller amount due. — Upon making any such adjustment and agreement the commission shall deliver t(.) the comptroller a certificate stating the amount due to said owner on iiccuuul of sucli appropriation of his land or other property. [Payment made upon warrant of the comptroller. — ]and the amount so fixed shall be paid by the treasurer upon the warrant of the comptroller. [C. L., sec. 59, subsec. 6; * * *; L. 1916, ch. 4.51. sec. 1.] ' '2. Value of any timber reserved must be taken into consideration in determining amount of compensa- tion. — If timber be reserved, its value at the tune of makiivg an agreement between the owner and said com- mission for the value of the land so apjjropiiated, and the legal damages caused thereby, or at the time of the presentation to the court of claims of a claim for such value and damages, shall be taken into consideration in deter- mining the compensation to be awarded to the owner on ,i< count of such appropriation either by such agreement ' See III, 5 b. or by the judgment rendered uixm such a claim. [(;. I/., sec. 59, subsec. 13; * * *; 1,,. 1916, ch. 451, sec. 1.] (See also III, 8 <(.') 1[3. Amount of damages and penalties for trespass or other Injuries to lands may be adjusted by commission, and must be deducted from the compensation agreed upon, or amount awarded by court. — In case of trespasses or other injuries to lands or projjerty purchased or acquired by the state the commission may settle and adjust any claims for damages due to the state on account of any such trespasses or other injuries to property or interests of the state, or penalties incurred by reason of such trespasses or otherwise, and the amount of such damages or penalties so adjusted shall be dediicted from the original com- pensation agreetl to be paid for the land, or for damages, or from a judgment rendered by the court of claims on account of tlie appropriation (jf .such land. Judgments recovered by State for such trespass or injuries must also be deducted from payments for lands. — A judgment recovered by the state for .such a trespass or for a penalty shall likewise bo deducted from the amount of such compensation or jud.gment. [(■. L., .sec. 59, subsec. 14: * * *; L. 1916, ch. 451, sec. 1.] Amount of any lease, morUjage, or other encumbraiice must be deducted from, payments for lands. (Sec III, 8a.) 1|4. Commission must certify to the comptroller that these conditions have been complied witli, in advance of issuance of warrant for amount of compensation agreed upon, or amount awarded by court. — A warrant shall not be drawn Ijy the comptroller for the amount of compensa- tion agreed upon between the owner and said commission, nor for the amount of a judgment rendered by the court of claims, until a further certificate by the commission is filed with the comptroller to the effect that the owner has not reseiwed any timber and that he, his assignee or other representative, has complied with the provisions of this article,' or has otherwise become entitled to receive the amount of the purchase price, award or judgment. [C. L.. sec. 59, subsec. 16; * * *; L. 1916, ch. 451, sec. 1.] For special procedure under the bond issue appropriation act, see III, 13. 12. Payment for Lands Acquired Through Court Pro- cedure. Incident to Entry and Appropriation, and for Damages Caused Thereto. ^Applies Under Both Conservation and Bond Issue Appropriation acts^.i 'i I . Court of claims may determine value of lands and legal damages due. when commission and owner fail to agree thereon. — If the commi.ssion and the owner or owiKTS of the property so appropriated fail to agree upon the value of such property, or upon the amount of legal damages resulting from such appropriation, within one year after the service of the notice and papers prowled for in section sixty-eight ■' of this chapter, such owner ■ .\ilic!e IV of C. L. (See Table of .Acts, on p, 38,) - See III, 56, s Sec, 6S has been revised and remiiubereU as sec, 59, subsec, 3, (See HI, 10611.) 24 STATE FORESTRY LAWS NEW YORK. PART III— Continued.] may, within two years after the service of such notice and papers, present to the court of claims a claim for the value of such land and legal damages; and said court shall have jurisdiction to hear and determine such claim and render judgment thereon. Payment made upon warrant of comptroller. — Upon filing in Ihe office of said commission, and in the office of the comptroller, a certi- fied copy of the judgment of the court of claims, and a certificate of the attorney-general that no appeal from such judgment has been, or will be taken, by the state, or if an appeal has been taken, a certified copy of the final judgment of the appellate court affrrming in whole or in part the judgment of the court of claims, the comp- troller shall issue his warrant for the payment of the amount due the claimant by such judgment, with inter- est from the date of the judgment until the thiitieth day after the entry of such final judgment, and such amoiuit shall be paid by the treasurer. [C. L., sec. 59, subsec. 7; * * *; L. 1916, ch. 451, sec. 1.] 112. Court may examine lands and secure local testi- mony. — The court of claims, if requested by the claim- ant or the attorney-general, shall examine the real prop- erty affected by the claim of damages for the appropria- tion thereof and take testimony in relation thereto in the county where such property or a part thereof is sit- uated. [C. L., sec. 59, subsec. 8; * * *; L. 191li. ch. 451, sec. 1.] * 113. Judgment must show encumbrances upon prop- erty. — When a judgment for damages is rendered for the appropriation of any lands or waters for the purposes specified in this article, and it appears that there is any Lien or encumbrance upon the property so appropriated, the amount of such hen shall be stated in the judgment, and * * * [C. L., sec. 59. subsec. 15; * * *; L. 1916, ch. 451, sec. 1.] Value of any Umber trservefl must be talrn into consid- eration in determining amount of compensation. (See III, 11 112.) Amount of damayes and penalties for trespass or other injuries to lands also deducted. (See III, 11 1f3.) 114. Taxing of costs and disbursements. — If an offer is made by said commission for the value of land ap- propriated, or for damages caused by such appropriation, and such offer is not accepted, and the recovery [of the amount awarded] in the court of claims ex- ceeds the offer, the claimant is entitled to costs and disbursements as in an action in the supreme court, which shall be allowed and taxed by the court of claims and included in its judgment. If in such a case the re- covery in the court of claims does not exceed the offer, costs and disbursements to be taxed shall be awarded in favor of the state against the claimant and deducted from the amount awarded to him; or if no amount is awarded, judgment shall be entered in favor of the state against the claimant for such costs and disbursements. If an offer is not accepted, it can not be given in evidence on the trial. [C. L., sec. 59, subsec. 18; * * *; L. 1916, ch. 451, sec. 1.1 116. Comptroller may deposit in bank amount awarded, subject to payment under the judgment. — * * * the comptroller may deposit the amount awarded to the claimant in any bank in which moneys belonging to the state may be deposited, to the account of such judgment, to be paid and distributed to the persons entitled to the same as directed by the judgment. [C. L., sec. 59, sub- sec. 15; * * *; L. 1916, ch. 451, sec. 1.] Commission muM certify to ihe comptroller that required conditions have been complied with, in advance of payment of amount of award or judgment . (See III, 11 1l4.) 13. Kestrictions on Payment for Lands Acquired Under the Bond Issue Appropriation Act.' Payment made only upon warrant and audit of comp- troller, based on approved vouchers of conservation com- mission and commissioners of the land office, with cer- tificate of attorney general, as to title and conveyance of lands purchased. — No moneys appropriated by this act', shall be jiaid out for any purpose, other than to pay judgments of the court of claims-, except upon the war- rant and audit of the comptroller and only after submis- sion to him of vouchers therefor approved by the con- servation commission and by the commissioners of the land office, accompanied, in the case of payments for lands acquired by contract, with the certificate of the attorney-general approving the title to and conveyance of lands purchased. [L. 1917, ch. 146, sec, 3,] 14. Appropriation of Funds, TJnder Bond Issue Appropria- tion Act. Kl. Issuance and sale of bonds authorized. — When- ever the comptroller shall receive from the conservation commission an estimate in writing, approved by the commissioners of the land office, of the amount of moneys presently required for the objects and puiposes of such appropriation, he shall issue and sell bonds, pursuant to chapter five Inmdred and sixty-nine of the laws of nineteen hundred and sixteen,' to the amount of such estimate. The approval of such estimate by the com- missioners of the land office shall be by resolution, which shall be attached to the estimate. [L. 1917. ch. 146, sec. 5. | 1f2. Appropriation made of $2,500,000 for acquirement of lands for state park purposes within the forest pre- serve counties. — The sum of two million five hundred thousand dollars ($2,500,000) is hereby appropriated out of moneys realized from the sale of bonds ■* issued in accordance with the provisions of chapter five hundred and sixty-nine of the laws of nineteen hundred and six- teen,' to acquire lands pursuant to such chapter for state 1 L. 1917, ch. 146. (See Table of .\cts, on p. 38.) 2 Judgments of the court of claims under section fl(ty-mne of the con- servation law shall be paid as therein ]iro\ided. [L. 1917. ch. 14G, sec. 3.] See also III, 12. 3 See volume of session laws. * The ! Bond Issue] enabling act concerning this bond issue contains also the following provisions: "The moneys realized from such bonds, after appropriation by the legislature, shall lie available for payment of thepurcha.se price, where lands are acquired by contract, and for the payment of judgments and awards in case of proceedinf;s by condem nation or by entryandappro- priation. " [L. 1916, ch. 569, sec. 4,] STATE FOBESTRY LAWS NEW YORK. 25 PART III— Continued.] park purposes within the forest preserve counties, which lands, if owned by the state on the seventh day of No- vember, nineteen hundred and sixteen, under the exist- ing law would be part of the forest preserve. [L. I'Jl", i-h, 146, sec. 1.1 LANDS LEVIED I'PON FO|{ GENERAL PROPERTY TAXESi AND BRIDGE AND HIGHWAY LOANS. 15. Assessment of Taxes. Assessed and taxed at like valuation and rate as similar private lands. — All wild or forest land within the forest preserve and also all such lands owned by the state in the towns of Altona and Dannomora. county of Clinton, except the lands in the town of Dannemora upon which buildings and inclosures are erected and maintained by the state for the use of state institutions, together with said buildings thereon, shall be assessed and taxed at a like valuation and rate as .similar lands of individuals within the counties when- sinuileil. Assessment roll recorded in office of comptroller and of conservation commission Amount of forest and state lands shown. — On or before August first in every year the assessors of the town within which the lands so belonging to the' state are situated .shall tile in the office of the comptroller and of the con- servation commission, a copy of the assessment-roll of the town, which in addition to the other matter now required by law, shall state and specify which and how much, if any, of the lands assessed are forest lands, and which and how much, if any, are lands l)elonging to the state; such statements and .specifications to lie verified liy the oaths of a majority of the assessors. Assessment subject to readjustment upon request of commission. — The comp- troller shall thereupon and before the fu-st day of Sept- ember following, and after hearing the assessors and the conservation commission, if they or any of them so de- sire, correct or reduce any assessment of state lands which may be in his judgment an unfair proportion to the re- maining assessment of land mthin the town, and shall in other respects approve the assessment and communicate such approval to the assessors. Comptroller approves assessment. — No such assessment of state lands shall l>e valid for any purpose until the amount of assessment is approved liy the comptrollci, and such approval attached to and deposited with the assessment roll of the town, and ihereT^nth delivered by the assessors of the town to the supervisors thereof or other officer authorized to re- ceive the same from the assessors. [Tax L., sec. 22; L. 1912, ch. 245, sec. 1.] 16. Levy of Taxes. ". Taxes for school house or road purposes may be imposed on state lands only if approved by commission. — \o tax for the erection of a schoolhouse or opening of a ' Tlic following property sliall be exempt from taxation: ■2. Troperty of this state other than its wild or forest land-s in the forest preserve. [Tax L., sec. 4.] road shall be imposed on the slate lauds uidess such ereclion or opening shall have first been approved in writing by the conseivation commission. [Tax L., sec. 22; L. 1912, ch. 245. sec. 1.] h. Amount of tax credited to county treasurer, on account.— The treasurer of the slate, upon the cer- tificate of the comptroller as to the correct amount of such tax, shall pay the tax levied upon state lands in the forest preserve, l)y crediting to the treasurer of the county in which such lands may be situated, such taxes, upon tho amount ])ayable by such county treasurer to the slate for stale tax. No fees shall be allowed by the comptroller to the county treasurer for .such portion of the .slat e 1 ax as is so paid . [Tax L., sec .80.] 17. Loans for Bridge and Highway Purposes. II. Throughout the forest preserve. ^1. On certificates of indebtedness in anticipation of taxes. — The siii)ervisor may, when aulhorized by the town board, borrow money in anticipation of taxes to be levied and collected, on the credit of tho tow'n, and issue certificates of indebtedness therefor in the following cases [for bridge and highway pur])os&s]: * * * [Highway L.' sec. 96.] f2. On bonds or other obligations. A proposition may be submitted at a regular or si>ecial town meeting in the manner provided by the town law, authorizing the town to bon-ow money upon its bonds, or other obligations, to be expended for the following purposes [liridge and highway purposes]: * * * * * If the town adopting any such proposition shall contain any portion of the land of the forest preserve, the board of supervisors shall not authorize such town to Iwrrow moneys without the written approval of the * * * [conservation] commissioner, except in payment of a debt lawfully incurred by the townr. [Highway L., sec. 97; L. 1914. ch. 202, sec. 1.] h. Within the Adirondack park. Certain loans authorized above are null and void unless approved in advance by the state comptroller. — No money shall be borrowed, as provided in .sections ninety-six and ninety-seven of this act,* by a town containing lands of the Adirondack park, where the assessed value of the real property of the state equals or exceeds twenty-five per centum of the assessed value of the taxable property of the town, until the consent, in w-riling, of the state comp- troller that such loan or loans be made, be procured and filed in the office of the town clerk of the town intending to negotiate the loan or loans. Any loan made in viola- tion of this section, for an indebtedness thereby intended to be created, shall be null and void and no moneys of the town shall be paid thereon. [Highway L., sec. 97-a; L. 1917, ch. 565, sec. 1.] 1 The highway law is contained in L. 1909, ch. 30, and its equivalent, ch. 25 of the consohdated laws. sSeosuIisec. a tl, 112. 26 STATE FORESTRY LAWS NEW YORK. PART III— Continued.] ADMINISTRATIVE OFFICERS' ' GENERAL POWERS AND DUTIES. 18. Have Care and Control of State Owned Lands within State Forests. [The commission shall] Have the care, custody, and con- trol of the several preserves, parks, - and other state lands described in this article.^ [C. L., sec. 50, subsec. 1; * * * ; L. 1916, eh. 451, sec. 1.] Acquire control of additional lands therein by means of: Purchase (see III, 4); Entry and appropriation— {see III, 5); Gift or devise (see III, C); Tax sales effected through the comptroller (see III, 7). Include in each annual report a description of all lands purchased during the year, and statement as to any trespass upon state lands; and publish and distribute special reports, for information of the public. (See I, 29.) Maintain state forest nurseries and use trees Ihen/rom to reforest state lands. (See I, 24.) Laws relating to care and management of stale forests are administered under the division of lands and forests. (See I, 11 HI.) 19. Have Custody of Abstracts of Titles, Contracts, etc. [The commission shall] Have the custody of all aljstracts of title, papers, contracts or memoranda relating thereto, [Original deeds excepted.^] except original deeds lo the state, for any lands purchased for forest preserve piir])oses. [C. L., sec." 50. subsec. 13; * * *; L. 1916. ch. 45i, sec. 1.] 20. Survey and Determine Boundaries of State Lands. [The commission shall] Survey, map and determine boundaries of lands owned liy the state. [C. L.. si-. . 50. subsec. 15; * * *; L. 1916, ch. 451, sec. 1.] 21. Make Rules and Begulations, and Issue Permits for Use of Lands. [The commission] May make rules, regulations and issue permits for the temporary use of the forest preserve. [('. L., sec. 50, subsec. 28; * * *; L. 1916, ch. 451, sec. 1.] (See also I, 21.) Certain Additional Powers and Duties. * Approve the reservation of timber rights on lands being acquired for forestry purposes (see III, 86); and prescribe and enforce conditions and regulations concerning such rights. (See III, 9.) Take required action mnrerning taking possesslo)i of lands. (See III, 10.) Enter into an agreement with owner as to payment for land being acquired under entry and appropriation proceed- ings, and for damages caused thereby (see III, 11); and 1 The several oflicers who arc concerned in these general powers and duties arc the commissioner, deputy commissioner (see I, 3,9), superin- tendent of forests (see I, Ifi), and assistant superintendent of forests (see 1, 17). ! The text matter concerning these park reservations other than state forests has heen iilaced in the Appendix (pp. 33-35), since it is not deemed altogether pertinent to this compilation of forestry laws, even I hough incidental forestry may be practiced on the reservations. 3 Article IV of C. L. (See Table of Acts, on p. 38.) certify to the comptroller the fulfillment of its conditions, in advance of payment. (See III, 11 1f4.) Approve, and submit to comptroller, vouchers for payment in cases of lands acquired under the bond issue appropria- tion act, except in cases involving court of claims procedure. (See III, 13.) Submit to comptroller approved estimate of moneys re- quired to acquire lands under the bond issue appropriation act. (See III 14 HI.) May request a hearing by the comptroller as to the fairness of assessment on State lands within the forest preserve. (See III, 15.) Approve the erection of school houses and opening of roads, in advance of tax therefor being imposed upon stale lands within the forest preserve. (See III, 16.) Approve loans, for bridge and highway purposes, to he negotiated through bonds or other obligations by towns con- taining forest preserve lands. (See III, 17 \\. \1.) Issue permits for erecting and maintaining buildings upon the forest preserve for: a. I')irposes in general. (See III, 26 ^l.) h. In connection with working mines. (See III, 26 1'2.) Dinpo.^e of improvements upon the forest preserve. (See III, 2r/.l Authorize removal, from state lands, of material belonging to th( state. (See III, 2e.) Bring actions or proceedings for: Enforcing rights of state in real property. (See III, 2(i. ) Determining questions of land titles. (See III, 26.) Cancelling or setting aside cancellations of tax sales. (See 111, 26.) Superintendent afforests directs the locating of boundaries of State lands. (See III, 23.) fOMMISSIONERS OF THE LAND OFFICE. Powers and Duties. Approve purchases of lands. (See III, 46.) Approve vouchers for payment in cases of lands acquired under the bond issue appropriation act, except in cases in- volving court of claims procedure. (See III, 13.) Grant permits for working mines. (See III, 2c'.) STATE COMPTROLLER. Powers and Duties. Is required to issue a warrant, supported by duly approved vouchers, as a basis for payment in cases of lands acquired under the bond issue appropriation act, except in those in- volving court of claims procedure. (See III, 13.) Issues warrant, for payment of amount of award, to owner of lands acquired through eOurt proceedings. (See III, 12 HI.) Deposits in bank amount so awarded, subject to payment under the judgment. (See III, 12 T[5.) Issues and sells bonds under bond issue appropriation act. (See III. 14 Hi.) Grants hearings, upon request of commission, concerning assessments on State lands within the forest preserve. (See III, 15.) STATE FORESTRY LAWS HEW YORK. 27 PART III— Conliuued.] Approves assessments on Slate lands loitlun the forest pre- serve. (See III, 15.) Validates, by his approval, proposed town loans for bridge and highioay purposes in the Adirondack park, only, on: a. Town certificates of indebtedness. (See III. 17a Til, b.) b. Town bonds and other obligations. (See III. 17a P, b.) FORESTERS AND ASSISTANT FORESTERS. General Cross-References. Perform such duties in connection with reforestation, fire proteclive work, surveys, investigations, and other lines of forestry on State forests, as may be required. (See 1, 18.) DISTRICT FORE.ST K.ANGERS.i General Cross-Reference. Bave direction of the protection of State lands from fire and trespass. (See II, 9.) CHIEF LAND SLIRVEYOR. 22. Salary. A chief land surveyor [is hereby authorized], who shall receive a salary of two thousand four hundred dollars per annum; and who * * * [C. L.. sec. 51, subsec. 3; * * * ; L. 1916. ch. 451. sec. 1,] 23. Determines Boundaries of State Lands, under Direc- tion of Superintendent of Forests. [The chief land surveyor] shall, under the direction of the superintendent of forests, have charge of locating and determining the boundaries of state land. [C. L., sec. 51. subsec. 3; * * * ; L. 1916, ch. 451, sec. 1.] General Cross-References. Appointment. (See I, 9 112, 1;3.) Competitive civil service requirement. (See I. 14.) Expenses. (See I, 26.) May arrest violators, without warrant, and bring them before a nuigistrale. and exercise other necessary police powers. (See I. 16 112.) Perform such other duties as the commission may require. (See I, 10.) Liability for failure to perform duties: Criminal. (See II, 54, 55.) Civil. (See II, 57.) LAND CLERK. 24. Salary. A land clerk [is hereby authorized] at two thousand dollars per annum, who * * * [0. L.. sec. 51 . subsec. 8; * * * ; L, 1916, ch.451. sec. 1 ] 25. Records Titles to State Lands, and Performs Other Duties Assigned Him. [The land clerk] shall Ije employed in filing ami pre- paring records of state's title to lands and perform such other duties as may be assigned him. [0. L., sec. 51, subsec. 8; * * * ; L. 1916, ch. 451, sec. 1.] 1 The provisions, in general, concerning district forest rangers are contained in Part II. (See p. 7.) Performs such other duties as the commission may require. (See I, 10.) General Cross-References. Appointment. (See II, 9 1[2, p.) Competitive civil service requirement. (See I, 14.) Expenses. (See I, 26.) Liability for failure to perform duties: Criminal. (Sec II, 54, 55.) Civil. (See II, 57.) LEGAL PROCEDURE. (See also Part II, p. 15.) 26. Purposes for which Proceedings may be Instituted by the Commission. Preamble. [The commission may] Bring any action or proceeding for the following purposes: [0. L., sec. 50, subsec. 11, preamble; * * *; L. 1916, ch. 451, sec. 1.] HI. Enforcing rights of state in real property.- [The commission may bring] Any action or jirocccding, for the purpose of enforcing ihe state's rights or interests in real property, which an owner of land would be entitled to bring in like cases. [C. L., sec. 50, sulisec. 11 (a); * * *; L. 1916, ch. 451, sec. 1.] 112. Determining questions of land titles. [The com- mission may Itring any action or ])roceeding] To determine in trespa.ss. ejectment or other suitable actions the title to any land claimed adversely to the state. [C. L., sec. 50, subsec. n (c); * * *; L. 1916. ch. 451, sec. 1.) f3. Cancellation, or setting aside cancellations, of tax sales. — [The commission may] Bring proceedings before the comptroller or bring actions to cancel ta;c sales or to set aside cancellations of tax sales.' [('. L., sec. 50, subsec. 11 (d); * * *; L. 1916, ch. 451, sec. 1.] 27. Settlements in Cases of Pending Actions. No action, suit or proceeding in which the title to lands of the state in forest ])reserve counties shall be involved shall be withdrawn or discontinued, nor shall judgment therein against the state be entered on consent except on special permission of the court and after appUcatioii made in open court, on which application all the terms and conditions of the settlement shall be fully stated in \vriting and the reasons therefor set forth at length. [C. L.. .sec. 9; * * *; L. 1915, ch. 318, sec. 7.] The commission is expressly inhibited from undertaking such settlements. (See II, 53a Kl.) General Cross-References. Special provision as to damages and penalty for ncgli- yintly causing forest fires on state lands. (See II, 59 pre- amble, a.) Costs of fire-fighting may he recovered, in addition to damage's and penalties. (See II, 02.) General provisions as to liability for violations of pro visions of Article IV<^ of C. L., or failure to perform, duties thereunder: Criminal. (See 11,54, 55.) Civil. (See II, 57.) 1 See III. a See Table ol Acts, on p. 38. 28 STATE FORESTRY LAWS NEW YORK. PART IIl-ConlinuC(i.J MUNICIPAL FORESTS. 28. Municipalities ' Authorized to Acquire Lands for Forestry Purposes. a. By purchase, gift, lease, or condemnation. (G. M. L.')"-The governing board of a county, town or village may severally acquire foi such cotinty, town or village, by purchase, gift, lease or condemnation, and hold as the property of such municipality, tracts of land having forests or tree growth thereon, or suitable for the growth of trees, [May appropriate necessary filnds therefor. — ] and may appropriate therefor the necessary moneys of the county, town or village for which the lands are ac- quired. (G. M. L,, sec. 72-a; L. 1912. ch. 7-4, sec. 1.] b. By purchase, gift, or utilizing municipally owned lands. (C. L.) — A county, city, town, or school dis.rict may acquire by purchase, or gift, or take over lands in its possession within the boundaries thereof and use the same for forestry purl)0ses.3 [C.L.. sec. 60, preamble; * * *: L. 1916, ch. 4.51. sec. 1.] (See also III, 326, HI.) 29. Publication of Intention to Acquire Lands lor Forestry Purposes. a. Under the general municipal law. HI. The determination of any such boaid to ai(iuire lands under the provisions of this section shall lie by resolution; but the question of the final adoption of such resolution shall he taken up by the board only after public notice thereof has been puVjlished for at least, two weeks, as follows: [By county boards.—] If it be a r. .whi- tion of a board of supervisors, the publication shall be made in the newspapers in which the session laws and concurrent resolutions are required to be published;' [By town or village boards.—] if it lie a resolution of a town board or of a board of trustees of a village, the puldi- cation shall Vie made in a newspaper published in the town or village, respectively. 112. The board shall give a hearing to all persons appear- ing in support of or in opposition to such proposed resolu- tion. [G. M. L., sec. 72-a; L. 1912, ch. 74, sec. ].] b. Under the conservation law. Such boards may undertake such work at regular or special meetings by majority vote of such board after two weeks public notice setting forth the fact that such plan is contemplated and that moneys are to be appropriated for such ptuposes. [C. L., sec. 60, subsec. i; * * *; L. 1916, ch. 451, sec. 1.] 1 The term "Municipalities" omliraccs counties, to-rnis, and villages, as applied under tlie general municipal law, and counties, cities, towns, and school districts, under the conservation law. 2 The aljhreviation, " O. M. L. ." as used in this compilation, indicates the general municipal law (ch. 29. L. 1909, and its equivalent, ch. 24 of the eonsoUdated laws, both as amended through 1917). 3 See also HI, 2 preamble, and footnote 3 thereto. * See county law (L. 1909, ch. 16). sec. 20; legislative law ( 1,. 1909, ch. 37), sec. 48, as amended by I<. 1911. ch. 97. 30. Funds for Purchase of Lands Provided. a. Through taxation, or bond issue. (G. M. L.") If it be determined to purchase such lands the moneys necessary therefor may be provided as follows: [By coun- ties. — ] If the acquisition be by a county, the board ni supei-visors may cause such moneys to be raised by tax- ation and levied and collected as other county taxes, or may boiTow money therefor on the credit of the county by the issuance and sale of county bonds in the manner provided for by law ' for the issuance and sale of oth«r county obligations; [By towns, — ] if the acquisition be by a town, the moneys necessary therefor shall constitute a town charge and be raised by taxation as other town charges, or the town board may in its discretion cause town bonds to be issued and sold in the manner provided by law for the issuance and sale of town bonds, under the town law,^ to pay judgments; [By villages. — ] if the ac- quisition be by a village, the moneys therefor may lie raised by taxation, as other village taxes, or by the issu- ance and sale of village bonds in the manner providefl by the laws' governing such village relating to village cil)ligations, after the adoption of a resolution therefor by the board of trustees, without other authorization. !<;. M. 1,.. sec. 72 a; h. 1912. ch. 74. .sec. l.| b. Through appropriation, or bond issue. i^C. L.) The governing board of a county, city, town, or school district may appropriate money or issue bonds either lor piircliase of la:ids for the purposes herein provided, ■ * * [C. L., rec. 60, subsec. 1; * * *; L. 1916. ch. 4.il. sec. ].] (See also 111, 326 "1) 31. Funds for Management of Lands Provided. a. Through appropriation of moneys raised by taxa- tion. (G. M. L.) Moneys may be appropriated for the care and mainte- nance of such lands and the develojiment and use of I'or- esUi thereon annually, by the county, town, or village, respectively, and the amount thereof raised by taxation in the same manner that other expenditures of such county _, town, or village are provided for by law. |G. U. L., sec." 72-a; L. 1912. ch. 74, sec. 1.] b. Through appropriation of moneys, or bond issue. (C. L.) [The governing board of a county, r village. * * * 1[2. Lands are subject to rules and regulations prescribed by such boards. Such forest liuuls shall be siiliject to such rules and regulations as such giiverning l)oar(l nf the municipality shall prescribe; [Principal objects of management. — ] but the principal object t,o be conserved in the maintenance of such lauds shall be the sale of forest products in aid of the public icvcnucs and the protection of the water supply of the niunii'iitality. (Ci. M. L.,sec.72-a; L. 191'.'. ch. T-i. .sec. I.| I). Under the conservation law. 'fl. Such governing board [county, city, town, or sdiool district, as the case may be] shall have full power and authority to acquire, maintain, manage and operate such forests for the benefit of the inhabitants of its district'. H'. L.,sec. 60,subsec. 3: * **: T,. 1910. ch. 451. sec. 1.] •■_'. Assistance in reforestation work may be secured from the conservation commission, and also trees with- out cost. — The conservation commission may assist and advise such boards in its [their] reforesting work, and the commission may furnish trees for reforesting such pub- licly owned lands without charge provided they are planted in accordance with the instructions of the com- mission. [0. I,., sec. fiO, subsec. 2; * * *; I.. 1916, eh. 4.51. sec. I.j 33. Proceeds From Lands Turned Into the Several Munic- ipal Treasuries. a Under the general municipal law. For general purposes and reduction of taxes. — All revenues and emoluments from lands so acciuired shall l)elong to the municipality and be paid to its chief fiscal officer for the purposes of such municipality and in reduc- tion of taxation therein. [G. M. I.., sec. 72-a; I.. 1912, eh. 74, sec. 1.] 1). Under the conservation law. To be used only upon order of their several governing boards. — The net income from such lands shall be paid into the general fund of such municipal division' and shall be used only upon orderof itsgoverning board. [C. L., sec. 60, subsec. 4; * * *; L. 1916, ch. 451, sec. 1.] 34. Sale or Lease of Lands. a. Under the general municipal law. May be effected upon a two-thirds vote of the members of their several governing boards. — Such lands or portions thereof may be sold and conveyed, or leased, if a resolution ' The term "such municipal division" as used in this section, has reference to a county, city, town, or school district, as shown in the pre- ceding provisions in sec. 60 of the conservation law. (See Table of .\cts, on p. 38.) therefor be adopted by the atlirmative \-ote of two-thirds of all the members of such governing board; [Public hear- ing, after due published notice, required in case of abso- lute conveyance. — ]hul no such resolution directing an ab.soluio conveyance shall lie effectual unless adopted after a pulilic hearing, held upon notice given in the man- ner required in ths case of a r(;.S(ilutii)n to acquire such lands. [Officers by whom deeds of conveyance or leases may be executed. — ]A deed of conveyance or lease of such lands, when authorized as aforesaid, sjiall lie executed by the county treasurer of the county, supervisor of the town or president of the village by which the conveyance or lease is made. [G. M. L., sec. 72-a; L. 1912, ch. 74. sec. 1.] /). No proviilon u made in the connervation lair Jhr nale or lease of mvniripal forest ln7ids. Powers and Duties of Municipal Boards. Authorized to acquire lands, for forestry purposes, by: Purchase, gift, lease, or condemnation (G. M. L.). (See III, 28a.) Purchase, gift, or utilizing municipally owned lands (C. L.). (See III, 286.) Publish notice of intention to so acquire hmds (G. M. L. andC.L.). (See III, 29.) Provide funds for purchase of lands through: Taxation or bond issue {G . M. L.). (See III, 30a.) Appropriation or bondiss^ie (C. L.). (See III, 306.) Provide funds for managennent of lands through: Appropriation of moneys raised by taxation {G. M. L.). (See III, 31a.) Appropriation of moneys, or bond Issue iC L.). (See 111,316.) Control the management and use of lands i G. .\t. L. and C. L.) (See 111,32.) Obtain assistance in reforestation work, and also trees, from conservation commission. (See III, 32b ^2.) Control, by special authority, use offumls derived from pro- recdsfrom the lands (C. L.). (See III, 336.) Sell and convey, or lease the lands, or portions thereof {G. M. L.). (See III, 34a.) General Cross References. The conservation commission cooperates with the governing board in reforestation work. (See III, 326 1(2.) Special provision as to damages for causing fires either negligently or willfully on lands belonging to a municipality. (See II, 59 preamble, 6, c, (il.) Costs of fire-fighting may be recovered, in addition to dam- ages and penalties. (See II, 02.) General provisions as to liability for violations of pro- vifions of Art. /F" of C. L.: Criminal. (See II, 54, 55.) Civil. (See II, 57.) > See Table of Arts, on p. 38. 30 STATE FORESTRY LAWS^NEW YORK. PART IV.— TAXATION.' (This part comprises the provisions u[ law, if any, covering the classification and taxation of forested lands and lands to be forested, the purpose of which is to encourage the practice of forestry hy private owners; also such bounty and exemption laws as have a like purpose. For similar taxation provisions, if any, concerning slate or municipal forests, or other state lands, see Part III.) five years next preceding the date of such application at an average valuation of more than five dollars per acre, or that similar lands in said vicinity have not been as- sessed for more than five dollars per acre, * * * [C. L., sec. 57; * * * ; L. 1916, ch. 451, seel.] b. Woodlot lands: Acreage, character and location of land. — [Classifica- tion may be secured for any tract of land,] not exceeding fifty acres, which is occupied by a natural or planted growth of trees, or by both, which shall not be situated within twenty miles of the corporate limits of a city of the first class, nor within ten miles of the corporate limits of a city of the second class, nor within five miles of the corporate limits of a city of the third class, nor within one mile of the corporate limits of an incorporated village, * * * [Tax L., sec. 17; L. 1912, ch. 363, sec. 1.] Valuation of such lands shall be the same as other similar adjacent lands which contain no forest or tree growth, and shall not exceed ^10 an acre. (See IV, 86.) Lands must be maintained as a production woodlot, in compliance with the provisions of the act and the instruc- tions of the commission. (See IV, 86.) 3. Application for Classification. a. ^1. Planted and underplanted lands. — [the owner of lands fulfilling certain conditions,'] may apply to the conservation commission, in manner and form to be prescribed by it, to have such lands separately classified as lands suitable for reforestation or underplanting within the purposes and provisions of this section. Description and other data. — Each application for such classification shall be accompanied by a plot and description of the land, and shall state the area, character and location thereof, and such other information in reference thereto as the commission may require; [Valuation certificate of assessors, or sworn statement. — ] such application shall be accompanied by a certificate of the assessors of the tax district or districts in which said lands are located, which shall set forth the assessed valuation of said lands for the last five years preceding the date of such application; or if said lands have not been separately assessed during any part of said period, or the timber has been removed therefrom at any time dm-ing said period of five years, by a sworn statement of the assessors of the value of said lands, which * * * ; 112. [Must contain declaration of intention by owner. — ] such application shall also contain a declaration that the owner intends to reforest or uuder- plant the lands described in such application with such number and kind of trees per acre and in such manner as the commission shall specify, and to comply with all reason- able rules and regulations of the commission in reference to future care and management of said lands and trees. [C. L., sec. 57; * * * ; L. 1916, ch. 451, sec. 1.] PURPOSE OF FORESTRY TAXATION PROVISIONS. 1. Defined. a. Planted and underplanted lands. — In consideration of the public benefit to be derived from the planting and growing of forest trees, and to the end that the growth of forest trees may be encouraged and the water supply of the state protected and conserved, and that floods may be pre- vented, [the owner of lands fulfilling certain conditions^ may ha^'e his lands subjected (o a special form of taxation.] [d. L.,sec. 57; * * *; L. 191G, ch. 451, sec. 1 .| 6. Woodlot lands. — In order to encourage the main- tenance of wood lots by private owners and the practice of forestry in the management thereof, the owner of any tract of land in the state, [fulfilling certain conditions,3 may have his land subjected to a special form of taxation.] [Tax L.,'' sec. 17; L. 1912, ch. 363, sec. 1.] CLASSFICATION OF FOREST LANDS. Land Classes Recognized. ((. Planted and underplanted. — (See IV, 2a.) b. Woodlot. -(See IV, 26.) 2. Basis of Classification. a. Planted and underplanted lands ; 111. Character of land. — [Classification may be secured by] the owner of any waste, denuded or wild forest lands, of the area of five acres or upwards, within the state, which are unsuitable for agricultural purposes, [Forest growth established and maintained.^ who shall agree with the commission to set apart for reforestation or for forest tree culture, the whole, or any specific portion of such waste, denuded or wild forest lands, of the area of five acres or upwards, * * * 1J2. Valuation of the land. — [Such] lands shall be valued at the same rate as other waste, denuded or wild forest lands in said tax district, similarly situated; * * * 113. Proviso 1. — [Such] valuation shall not in any event be greater than the average valuation at which the same lands were assessed for the last five years preceding the date of said application, or the value of such lands as appears by the aforesaid sworn statements of the assessors of such tax district, * * * 114. [Proviso 2. — ] * * * and [such lands may be classified only if it can be shown that they] have not been assessed during the period of 1 J*art IV comprises an analysis of the forest taxation provisions con- tained in the "wood-lot act" (ch. 363, L. 1912), and in sec. 57 of the con- servationiaw. A third act (ch. 249, L. 1912) is placed in the Appendix (see p. 35). This additional act is omitted from the above analysis for the reason that it overlaps to a large extent the other two acts and its inclusion would obscure their well-balanced scope. 2 See IV, 2a. " See IV, 26. * "Tax L.," as used in this compilation of the forestry laws of New York, indicates the tax law (ch. 62, Laws 1909, and its equivalent, oh. 60, of the consolidated laws, both as amended through 1917). 1 See rv, 2(1. STATE FORESTRY LAWS KF'.V YORK. 31 PAUT I\'— Continued.] b. Woodlot lands. — [The owner of any tract of land in the state fulfilling certain conditions'] may apply to the conservation commission in manner and form to be pro- scribed by it, to have such land separately classified for taxation. Form of application. — Application for such classification shall be made in duplicate and accompanied by a plot and description of the land, and such other information as the commission may require. [Tax L., sec. 17; L. 1912, ch. 363, sec. 1.] 4. Suitability of Lands Investigated by Commission. (I. Planted and underplanted lands. — ^1. Tf it appears froiu said aiiplication and certificate or sworn statement- that said lands are suitable for reforestation or under- planting purposes * * * [^2.] the said commission shall, as soon as practicable after the receipt of such appli- cation, cause an examination to be made of the lands for the purpose of determining whether or not it is of a char- acter suitable to be reforested or underplanted and to be classified as such. [C. L., sec. 57; * * * ; L. 1916, ch. 151, sec. 1.] b. Woodlot lands. — Upon the filing of such appli- cation'' it shall be the duty of the commission to cause an inspection of such land to be made by a competent forester for the purpose of determining whether or not it is of a suitable character to be so classified. [Tax L., sec. 17; L. 1912, ch. 363, sec. 1.] 5. Completion of Classification. n. Planted and underplanted lands : ^1. Commission enters into cooperative agreement with owner for foresting the lands. — After such examination ^ if the commission shall determine that such lands are sidtable for reforestation or underplanting, it is hereby empowered to enter into a written agreement ^vith the owner, which agreement shall be to the effect that the com- mission will furnish said owner, at a price not to exceed cost of production, trees to be set out upon said lands, the kind aud number to be prescribed by the commission, and to be set forth in said agreement; that the owner will set out upon said land the number and kind of trees per acre des- ignated by the commission; and that said land will not be used for any purpose other than forestry purposes, during the period of exemption, without the consent of the com- mission; and that said lands and the trees thereon will be managed and protected at all times during the period of said exemption in accordance with the directions and instructions of the commission. Said agreement shall be recorded in the ofHce of the county clerk of the county ivhere the lands are situated, and the provisions thereof shall be deemed to be and be covenants running with the land. Limitation of time for compliance with planting requirements — Proof. — Within one year after the making of such agreement, said lands shall be planted by the owner with the number and kind of trees specified therein; and the owner shall file with the commission an affidavit making due proof of such planting, which afBda\-it shall ' Sea IV, 2b. s See IV, 30 HI. > See IV, 3 b. e designated. For additional duties of these olTicers concerning forestry taxation under iwt 24(i. I.. \Wi, see that act in the Appendix, p. io. 34 STATE FORESTRY LAWS NEW YORK. PART A— Continued.) tliereof ; thence northerly along the west line of township thirteen, great tract three, Macomli's purchase, to the northwest corner of said township thirteen; thence east along the noith line of said township thirteen and the south line of township ten, tract and purchase aforesaid, to the southwest corner of the southeast quarter of said township ten; thence north along the west line of the said southeast quarter of the aforesaid township ten and the west line of the northeast quarter thereof to the north line of said township; thence east along said north line to the west line of township seven, gi-eat tract two, Macomlj's purchase; thence northerly along the west line of township seven aforesaid to the northwest corner of the township; thence easterly along the northerly lines of townships seven and eight, great tract two, Macomli's purchase, to the southwest corner of township twelve of said great tract two; thence northerly along the west line of township twelve to the northwest corner of lot one in the south half of said township; thence easterly along the north line of said south half of said township twelve to the west line of the county of Franklin; thence north along the west line of the county of Franklin to the northwest corner of the south half of township thirteen of great tract one, Macomb's purchase; thence easterly along the northerly line of the south half of townships thirteen, fourteen and fifteen of said great tract one, Macomb's ])urchase, to the west line of the old military tract; thence south along said west line to the northwest corner of township ten of said old military tract; thence easterly along the north line of said township ten to the west line of Clinton count}'-; thence southerly along the west line of Clinton county to the north line of Essex county; thence easterly along the north line of Essex county to the northeast corner of the town of Wilmington; thence along the east and easterly line of the town of Wilmington to the intersection with the north line of the town of Keene; thence east to the northeast corner of said town of Keene; thence southerly along the easterly line of the town of Keene to the southeast corner thereof; thence easterly along the northerly Une of the town of North Hudson to the most northeasterly corner of the said town; thence southerly along the easterly lines of the towns of North Hudson and Schroon to the southeast corner of the said town of Schroon; thence westerly along the southerly line of the towns of Schroon and Minerva to the northeasterly corner of Leggett's survey of the southwest quarter of township fourteen of Totten and t^rossfield's purchase; thence southeasterly along thi line of Leggett's survey to the southerly line of said township foiu'teen; thence southwesterly along the line of Leggett's survey, lieing the southerly line of said township fourteen, to the most southerly corner of said township; thence southeasterly along the easterly line of township thirteen and the westerly line of to^vxiship twelve, to the south- easterly corner of lot twenty-five of township eleven of said Tott en and Orossfield ' s purchase ; thence southwesterly along the southerly line of lots twenty-five, twenty-six, twenty-seven and twenty-eight to the southwesterly corner of said lot twenty-eight; thence southeasterly along the easterly lines of lots fo ty-four, fifty-three, sixty-eight, seventy-seven and five of said township eleven, and of lots nine, twenty-one, thirty, thirty-seven and forty of the gore between township eleven of Totten and Cross- field's purchase and the Dartmouth patent and of lot five of ranges six, seven, eight, nine and ten of the Dartmouth patent, great tract, to the southeasterly corner of lot five of said range six of said patent in Warren county; thence westerly along the southerly line of said range six of said Dartmouth patent to the northeasterly line of Palmer's purchase; thence southeasterly along the easterly line of said Palmer's purchase to the most easterly corner of the middle division of said purchase; thence southwesterly along the southerly line of the said middle division of Palmer's purchase through Saratoga county to the easterly boundary of the town of Hope in Hamil- ton county; thence southerly along the east line of the town of Hope to the place of beginning. * * *. 3. Catskill park.—* * * [The following is a de- scription of the boundaries of lands constituting the Catskill park. — ]Beginning in Ulster county at the south- easterly corner of great lot five of the Hardenburgh patent; thence running northwesterly along the southerly boundary of said great lot five through Sullivan county to the east branch of the Delaware river in Delaware county; thence along the southerly bank of said east branch of the Delaware river to the Ulster and Delaware railroad at the village of Arkville; thence along the said Ulster and Delaware railroad easterly to the line between the counties of Delaware and Ulster; thence northeasterly along that line to the southerly line of Greene county; thence northwesterly along the southerly line of Greene County to the line between the towns of Halcott and Lexington; thence northerly along the easterly line of the town of Halcott to the line between great lots twenty and twenty -one of the Hardenburgh patent; thence northerly along said line to the south bank of the Batavia- kill; thence along the southerly bank of the Bataviakill easterly, to the west line of the state land tract; thence northerly, easterly and southerly along the line of the said state land tract to the line between the towns of Cairo and Catskill; thence southwesterly along said town line to the easterly line of the town of Hunter; thence southerly along the said easterly line of the town of Hunter to the line of the Hardenburgh patent; thence easterly, southerly and westerly along the general easterly line of the Hardenburgh patent to the line between the towns of Olive 3,nd Rochester of Ulster county; thence easterly on said line to the point where the Mettacahonts creek crosses the same flowing easterly: thence southwesterly parallel with the nortliwesterly line of the town of Roch- ester to the line between the towns of Rochester and Wawarsing; thence westerly and southerly along the line of the Hardenburgh patent to the place of beginning, * * * 4. Saint Lawrence reservation. — All that part of the river Saint Lawrence lying and being within the state, STATE FORKSTRY LAWS NEW YORK. 35 PART A— Continued.] w-ith the islands therein, and all that'portiou of Lake Onta- rio adjacent to Jefferson county, including Chaumont l)ay, Guflins bay, Black river bay and Henderson bay, with the islands therein, and such lands along the shore thereof as are now owned by, or shall hereafter be acquired by the state, is continued as an international park wliich shall be known as the "Saint Lawrence reservation." 5. John Brown farm. — All that certain tract of land in the Adirondack park, known as the "John Brown farm," in the town of North Elba, in the county of Essex and state of New York, being the greater part of lot number iiiiiety-five. Thorn's sun-ey, of township number twelve. Old Military Tract, now owned by the state pursuant to a deed of gift made and executed the twenty-ninth day of March, eighteen hundred and ninety-five, by Henry Clews and Lucy Madison Clews, his wife, t<3 the people of the state of New York, shall be and continue to bo dedicated and used for the purposes of a public park or reservation forever. 6. Cuba reservation ' shall include all the lands owned by the state surrounding Cuba lake in the comities of Allegany and Cattaraugus. 7. Person. — Person includes a copartner.sliip, joint- stock company or a corporation. 8. Forest land. — Forest land includes not only lands which may be covered with tree growth but also lands which are best adapted to forests. 9. Forest fire. — Forest fire is a fire which is not only burning forest or woodlands, but which if permitted to extend, would burn forest or upon forest lands. 10. Fire towns. — Fire towns are as follows: All towns in Hamilton county; the towns of Altona, Ausable, Black Brook, Dannemora, Ellenburg and Saranac, Clinton county; the towns of Andes, Colchester, Hancock and Middletown, Delaware county; the towns of Chesterfield, Elizabeth town. Jay, Keene, Lewis, Minerva, Moriah, Newcomb, North Elba, North Hudson, Saint Armand, Schroon and Wilmington, Essex county; the towns of Altamont, Belmont, Brighton, Duane, Franklin, Har- riettstown, Santa Clara and Waverly, Franklin county: the towns of Bleecker, Caroga, Mayfield and Stratford, Fulton county; the towns of Hunter, Jewett, Lexington and Windham, Greene county; the towns of Ohio, Russia., Salisbury, Webb and Wilmurt, Herkimer county; the towns of Croghan, Diana, Greig, Lyonsdale and Watson, Lewis county; the towns of Forestport and Remsen, Oneida county; the towns of Corinth, Day, Edinburg and Hadley, Saratoga county; the towns of Clare, Cliftfm, Colton, Fine, Hopldnton, Parishville, Piercefield, Pit- cairn, Saint Lawrence county; the towns of Neversink, Rockland, Sullivan county; the towns of Denning, Gardi- ner, Hardenburgh, Olive, Rochester, Shandaken, Shawan- > In addition to the general provision made in Article IV of the conser- vation law lor the control of certain park reservations by the commission (see ni, IS), the care and administration of the Cuba reservation is also specifically vested in the commission by L. 1917, ch. 266, sec. 1, which amends sec. 50 of the C. L. by adding thereto subsec. 32. (See volume ISossion Laws of 1917.) gunk, Wawarsing and Woodstock, Ulster county; tho towns of Bolton, Caldwell, Chester, Hague, Horicon, Johns- burgh, Luzerne, Queensbury, Stony Creek, Thurman and Warrenshurgh, Warren county; the towns of Dresden, Fort Ann and Putnam, Washington county. [C. L., sec. 62, preamble, subsecs. 2-10; * * *; L. 191G, ch. 451, sec. 1.] ADDITIONAL TAXATION ACT (CH. 249, L. 1912).' Section ] . Article one of chapter sixty-two of the laws of nineteen hundred and nine, entitled ' 'An act in relation to taxation, constituting chapter sixty of tho consolidated laws," is hereby amended by adding at tho end a new section to be section sixteen, and (o read as follows: §16. Exemption and reduction in assessment of lands planted with trees for forestry purposes. -WTienever the owner of lands, to the extent of one or more acres and not exceeding one hundred acres, shall plant the same for forestn,' purposes with trees to the num! er of not less than eight hundred to the acre, and whenever the owner of existing forest or lnush lands to the extent of one or more acres and not exceeding one hundred acres, shall under- plant the same with trees, to the numher of not less than three hundred to the acre, and proof of that fact shall be filed with the assessors of the tax district or districts in which such lands are situated as hereinafter provided, such lands so forested shall be exempt from assessment and taxation for any purpose for a peiiod of thirty-five years from the date of the levjdng of taxes thereon immed- iately follomng such ,)lanling, and such existing forest or brush lands so underplanted shall be assessed at the rate of fifty tier centum of the assessalile valuation of such land exclusive of any forest growth thereon for a period of thirty- five years from the date of the levying of taxes thereon immediately following such underplanting. The owner or owners of lands forested as above provided, in order to secure the benefits of this section, shall file with the con- servation commission an affidavit making the due pioof of such planting or underplanting and sotting forth an accurate description of such lands, the town and county in which the same are situated, the number of trees planted or underplanted to the acre and the nural)er of acres so forested, which affidavit shall remain on file in the office of said commission. Upon the filing of such affidavit it shall be the duty of the conservation commission to cause an inspection of such forested lands to l)e made by a com- petent forester or other employee of said commission who shall make and file with said commission a \vritten report of such inspection. If the commission is satisfied from the said affidavit and the report of inspection that the lands have been forested as aliove provided, in good faith and Ijy adequate methods to produce a forest, plantation, and are entitled to the exemption of assessment or to a reduction of assessment as provided in this section, it shall make and execute a certificate imder the seal of its office, and file the same with the county treasurer of the county in which the lands so forested are located, which certificate shall set forth a description of the lands affected by this section, the ' See also IV, p. 30, footnote 1. 36 STATE rOKESTRY LAWS — NEW YORK. PART A— Continued.) area and owner or owners thereof, tlie town or towns in which the same are situated, the description upon the last, assessment-roll which included said lands, the period of exemption or of reduction of assessment to which such lands are entitled and the date of the expiration of such exemption or reduction of assessment. Upon the filing of such certificate it shall be the duty of the county treasuier to file with the assessors of the tax district in which the lands described therein are located within ten days after the receipts thereof a certified copy of such certificate, and the assessors of such tax district shall place the lands ac- cording to the description contained in said certificate upon the next assessment-roll prepared for the assessment, of lands within such tax district, and shall exempt, or reduce the assessment upon, the lands so described as hereinbefore provided, and shall insert upon the margin of said assess- ment-roll opposite the description of said lands, a statement that in accordance with the provisions of this section of the tax law said lands are exempt from taxation or that the assessment thereof is reduced fifty per centum as the case may be and insert also in the margin the date of the ex- piration of such exemption or reduction of assessment and such lands shall continue to be exempted, assessed and carried in such manner upon the assessment-rolls of such town until the date of the expiration of such exemption or reduction of a,ssessment , Lands which have lieen forested as above provided within three years prior to the taking effect of this .section may come within its provisions if application therefor is made to the conservation commis- sion within one year from the time when this section takes effect, but except as provided by this section the period of exemption or reduction as certified to liy the conserva- tion commission shall not exceed the period of thirty-five years from the date of the original planting. Lands situ- ated within twenty miles of the corporate limits of a city of the first class, or within ten miles of the corporate limits of a city of the second class, or within five miles of the coi-porate limits of a city of the third class, or within one mile of the corporate limits of an incorporated village shall not be entitled to the exemption or reduction of assessment provided for by this section. In the event that lands exempted or reduced in taxation as above provided shall, by act of the owner or otherwise, at any time during the period of exemption or reduction in taxation cease to be used exclusively as a forest plantation to the extent pro- vided by this section to entitle such land to the privileges of this section, the said exemption and reduction in taxa- tion provided for in this section shall no longer apply and the assessors having jurisdiction are hereby empowered and directed to assess the said land at the value and in the manner provided by the tax law for the general assessment of land. If any land exempted under this section continues to be used exclusively for the growth of a planted forest after the expiration of the period of exemption provided hereby, the land shall be assessed at its true value and the timber growth thereon shall be exempt from taxation, ex- cept if such timber shall be cut before the land has been duly assessed and taxes regularly paid for five consecutive years after the exemption period has expired, such timber growth shall be subject to a tax of five per centum of the estimated stumpage value at the time of cutting, unless such cuttings are thinnings for stimulating growth and have been made under the supervision of the conservation com- mission. AMienever the owner shall propose to make any cutting of such timber growth for a purpose other than for thinning as aliove provided, he shall give thirty days' notice t<5 the assessors of the tax district on which the land is located, who shall forthwith assess the s*umpage value of such proposed cutting, and such owner shall pay to the collector of the town in which such land is situated before cutting such timlier five per centum of such assessed valu- ation. If such owner shall fail to give such notice and pay such taxes he shall be liable to a penalty of three times the amount of such tax, and the supervisor of the town may bring an action to recover the same for the benefit of the town in any coiu-l of competent jurisdiction. EXCERPTS FROM THE PENAL LAW.' Note. — Although the following sections appear to conflict, in a measure, one with another, they are, nevertheless, both incorporated into and constitute a part of the Penal Law, as amended through 1917. However this may be, the enactments of the Conserva- tion Law upon the same suljjects doubtless materially modify, if they do not nullify, the operation of these provisions, as far as they concenr forests. They are, however, included here for the benefit of such in- vestigators as may desire to work out the interrelation of the several provisions in more detail than appears to be necessaiy in this compilation. SEC. 1421 OF THE PENAL LAW, AS AMENDED BY LAWS 1910, CH. 474. §1421. Burning crops or timber, how punished. — A per- son who, tinder circumstai^ces not ainonuting to arson in any of its degrees: 1. Wilfully burns or sets tire to any grain, grass or grow- ing crop, or standing timber, or to any building, fix- tures or appurtenances to real property of another, or 2. Wilfully sets fh-e to, or assist[8] another to set fire to any wild, waste or forest lands, belonging to the state or to another person whereby such forests are injured or endangered ; Is guilty of felony and is punishable by imprisonmeat for not more than ten years or by a fine of not more than two thousand dollars, or by both. SECTION 1900 OF THE PENAL LAW. §1900. Negligently managing and refusing to extinguish fires. — A person who: 1. Wilfully or negligently sets fire to, or assists another to set tire to any waste or forest lands belonging to the state or to another person whereby such forests are injured or endangered ; or, 2. Negligently sets fire to his own woods, by means whereof the property of another is endangered ; or, 3. Negligently suffers any fire upon his own land to extend beyond the limits thereof; or, and its equivalent, ' The penal law is contained in L. 1909, ch. ch. 40 of the consolidated laws. STATE FORESTRY LAWS — KEW YORK. 37 EXCERPT FROM THE CONSERVATION LAW. SALARIES AND RATINGS OF FOREST RANGERS.' PART A— Continued.] 4. Having been lawfully ordered to repair to a place of a fire in the woods, and to assist in extinguishing it, omits without lawful excuse to comply with the order. Is guilty of a misdemeanor. .Such forest rangers [are hereby authorized] as may be necessary, to be employed in the fire towns, who shall be rated by the commission on the l>a8is of merit and effi- ciency in three grades to be known as the first, second and third grades. Such forest rangers shall receive monthly salaries of seventy-five dollars; provided, however, that each forest ranger who shall be rated in the first grade shall receive increased salary at the rate of one hundred dollars per annum, and for each year thereafter in which he shall so qualify he shall receive a like increase or any part thereof unlil his salary is at the rate of one thousand three hundred dollars per annum, but the commission shall have the power in its discretion, for cause shown, to cancel such increase or any part thereof on the failure of any ranger receiving such increase to qualify for the first grade in any year. Rangers rated in the second grade shall re- ceive increased salary at the rate of fifty dollars per year, in the year in which they shall so qualify, and while in said second grade, provided, however, that the salary of a ran- ger rated in the second grade shall not e.Kceed the rate of ten hundred dollars per year, unless such increased salary shall have accrued by reason of his having been rated in the first grade. [('. L., sec. 51, siibsec. 11: * * *; L. 1918, ch. 421, sec. ].] I See II, 10; also, p. 1, footnote 2. 38 STATE FORESTRY LAWS NEW YORK. TABLE OF ACTS. LEGISLATION AS AMENDED THROUGH BEG. SESS., 1918. Legislative references. Equivalent references in this leaflet. Legislative references. Equivalent references in leaflet. this a- CONSERVATION LAW. 1911, oil. 647, constituting Con- solidated Laws, ch. 6.5.) I, 1, footnote 2. I, 2112, 3111, 8, 312, 7, 4, 1^, 2112z. I, 9tlz, 52,91[2, 6. I, 112. I, 3113. I, 20K22. 1,10. II, 49; III, 27. I, 2111, footnote 32. 1,29. I, 21112, footnote 12. I, 20113. I, 20111. I, 20114. I, 20115. II, 50111. 11,52111. II, S2K2. U, 30. n, 5012. 11,55. I, 2113, 14. n,5i. II, 536. II (see p. 17, general eros.=!- references). 1,2111. m, 18. I, 2112. 1, 2411, 12. 1,28. 1,22. III, 4. Ill, 6. I, 23011. I, 2511, 23a12. I, 2413. Ill, 26, preamble. Ill, 2611. 1148. lU, 2612. Ill, 2613. II, 53a11. III, 19. 1,236. in, 20. H,3 11, 411. 11,511. n, 612. u,e. 1, 913. coNSEHVATioN LAW— continued. 11, 3712. 11, 4512. 11, 4012. 11, 41. II, 3112. 11,7. Ill, 21. 1,30. 1,26. I, 2313. A (see p. 36, footnote 1). 1,12. 1. 1611. 1,17. III, 22, 23. 1,18a. 1,186. 1,19. II, 17, 16. III, 24, 25. 11, 18, 20, 19. 11, 8, 90. A (see p. 37). 11, 1211, 13, 1212. 11, 150, 140. n,96. I, 13, 15, 14. 11, 11. 1. 1612. II, 53012. II, HI. 11, 112. n,2. 11, 216, 226, 236. 11,2911. II, 2912, II, 2611. 11, 27. 11, 2613. 11, 62. 11, 2812. II. 2612. 11,3311. 11, 3312. 11, 4511. Il,32c,/1Il,o,/12,. IV, la, 2a1Il, 3a1Il, 2a12, 3a1I2, 4a1il, 2af4, 4at2, Safl, Sa1I3, 5a14, 2o1I3, .50115, 8a, 6a11, 78, 5a1i2, 6a1]2. I (see p. 5, footnote 3). 1,27. III, Sail 1. Ill,5at22. Ill, 10a. Ill, 106111. Ill, 106112. 111,10c. Ill, Hill. Ill, 12111. Ill, 12112. Ill, 86. Ill, 80. Ill, 9, preamble. lU, 9o. Ill, 96. Ill, 9(f111. m, 1112. Ill, 11113. Ill, 12t3, 12115. Ill, 1114. Ill, 9d1I2. lU, 12114. Ill, 9c. Ill, 286. Ill, 306, 316, 296. Ill, 326112. 111,32611. 111,336. Ill, 2, preamble. Ill, 2a1Il. 111,26111. Ill, 2aH4. Ill, 2a1I5. Ill, 2a116. Ill, 2d. ni, 2a1I2. 111. 2c. A (see p. 33). Ill, 30. 111,36111. A (Sfe pp. 33-34); HI, 36 112. Ill, 3c1Il. A (see p. 34). Ill, 3c1I2, 1. c Indicate, the omission of Legislative references. CONSERVATION L.4W — Continued Art. IV, sec. 62, subsec. 4 Equivalent references in this 63, preamble subsec. 1. A (see pp. 34-35). A (see p. 35). A (see p. 35). A (see p. 35). A (see p. 35). A (seep. 35). A (see p. 35). 11 1 n, 38112. II, 401(3. II, 35. II, 54111. U, 54112,37111. II, 58111, 12, 13, 14a, 13 6,17 Art. VII, sec. 4o6-a. . , VII-A, Sec. 446. TOWN LAW. (L. 1909, ch. 63, constituting Con- solidated Laws, ch. 62.) Sec. 98, subsec. 8 (L. 1909, ch. 62, constituting Con- solidated Laws, ch. 60.) Sec. 4. GENERAL MUNrCIPAL L.VW. II, ■112. II, 36. III, 2a13. II, .5712. III, 1 (see note). Ill, 1 (see note). II, 21a11, 22a, 23a, 2411, 12, 21a12, 23, 2811. Ill (see p. 25, column 1, foot- note 12). A (see pp. 35,36). IV, 16, 26, 36, 46, 3611, 86, 5612, 76, 9, 10, 11. ' lU, 152, i6o. HI, 166. Ill, 7 (see note III, 7 (see noi III, 7 (see noi III, 7 (see noi III, 7 (see III, 7 (see (L. 1909, ch. 29, constituting ConsoU- dated Laws, ch. 24.) Sec. 72-a | Ill,28o,32a11,29,30a,33o,32o12, I 34a, 31a. BOND ISSUE ACTS. | L. 1916, ch. 569, sec. 4 j III,46,footnote2, 1412, footnote 4. L. 1917, ch. 146, sec. 1 Ill, 1412. 2 1 111,46,56. 3 1 III, 13, and footnote 2. 4 Ill, 46, footnote 1. 5 111,1411. matter Irrelevant to forestry. 40 STATE POBESTRY LAWS NEW YOEK. TABLE OF ACTS— Continued. LEGISIiATION AS AMENDED THROUGH BEG. SESS., 1918— Continued. Legislative references. Eqiiivalent references in this Legislative references. Equivalent references in this HIGHWAY LAW. (L. 1909, ch. 30, constituting Consoli- dated Laws, ch. 25.) Sec. 96 97 97-a PUBLIC LANDS LAW. (L. 1909, ch. 50, constititing Consoli- dated Laws, ch. 46.) Sec. 84 HI, 17o1|l. Ill, 17a1I2«, III, 176. PENAL LAW. (L. 1909, ch. 88, constituting ('onsoli- dated Laws, ch. 40.) Sec. 1421 1900 STATE CHARITIES LAW. (L. 1909, ch. 57, constituting Consoli- dated Laws, ch. 55.) Sec. 95, subsec. 11 X (see p. 36). X (see p. 36). z Indicates the omission of matter irrelevant to forestry. STATE FORESTRY LAWS LEAFLETS ALREADY PUBLISHED. 1. Wisconsin. 2. Louisiana. 3. North Carolina. 4. Maryland. 5. Missouri. 6. Texas. 7. Virginiii. 8. Idaho. 9. Oregon. 10. Wyoming. 11. New Jersey.* 12. Washington. 13. Indiana. 14. Minnesota. 15. Montana. 11). niinois. 17. Ohio. 18. Connecticut. 19. Massachusetts. 20. New Hampshiri' 21. Colorado. 22. West Virginia. ' The laws of other States, so far as they have been compiled, are available only for loan, through the Forest Service Library, Washingto B.C. * Indicates that the supply is exliausted. o Forestry Laws Leaflet No. 24. United States Department of Agriculture ' FOREST SERVICE WILLIAM B. GREELEY, Forester Date of issue, Scptcmbci 11, lu2ii. STATE FORESTRY LAWS INTRODICKI) BV CLASSIFIED SYNOPSES VERMONT (SERIAL 1— THROUGH REG. SESS., 1919.) Compiled by Jeannie S. Peyton, UDder the direction of Louis S. Murphy, Forest Examiner. Eastern Division, Ttranch of Forest Management COIVTEIVTH. Purpose of compilation Synopsis of laws General forestry' organization and activities Commissioner of agriculture State forester Chief forester Expert or other assistants Cooperation State forest nursery Investigation and education Publications Income from sources other than annual or biennial appro- priations Fire organization and activities .' Commissioner of agriculture State forester (State firewarden) Forest firewardens Patrolmen Watchmen Landowners Fish and game officia's Fire-fighting laborers Bistribution of costs of fire protection Fire provisions for special classes of hazards Rai !roads Synopsis of laws— Continued. Fire organization and activities— Continued. Compu!sory brush and s'ash disposa' Fire provisions for miscellaneous classes of hazards . . Fire-warning notices Public forests State forests Municipal forests Taxation Classification of forest lands Va'uation Annua!, or general property, tax Yie'd tax Special cancellation tax State forester Chief forester Owners of lands Exemption from the general tax law Miscellaneous provisions Board of control Committee on budget Genera! pena'.ty for failiu-e to perform official duties. Text of laws PURPOSE OF COMPILATION. The compliation of State Forestry Laws, of wliich this leaflet is a part, aims to meet a manifest need of the times for a work of reference b\' means of which the basic legislation under- lying forestry administration in the several States, and the vaiious activities thereunder, may readily be studied and compared. To facilitate this purpose of comparing the legislation of one State with another, the Synopses introducing the laws in the several leaflets are classifled and arranged to take up in a definite order the various subjects usually covered in such legis- lation. To further extend its educational purpose, only such of the State laws as bear more or less directly upon the practice of forestry are here compiled, to the exclusion of all other timber and tree laws, all forest-insect and fungus-control laws, except general provisions, and all transitory provisions of law, including those concerning annual or biennial appropriations. 182746 —20 1 ''^p 2 STATE FORESTRY LAWS VERMONT. For the same reason, those finer points of reference proper only to a legal or administrative manual have also been omitted. Succeeding issues of each State leaflet, to form a separate series for each State, will serve to keep these fundamental laws up to date and free from encum- brance by obsolete provisions.' SYNOPSIS OF LAWS. GENERAL FORESTRY ORGANIZATION AND ACTIVITIES. Commissioner of Agriculture. Is appointt'd by the governor, with consent of the senate, to serve for a term of two years, subject to liaving his commission revoked by the governor upon recommen- dation of the board of control. Nos. 2, 38. Receives a salary of $3,000 per annum, and expenses and office supplies. Nos. 76, 77. Is, ex officio, State forester. No. 6. Pfomotes forestry by means of institutes, lectures, pub- lications, and other educational work. No. 4. See also "Publications," on p. 3. Employs assistants, lecturers, and other experts, subject to the approval of the governor, and of the board of control, including the fixing of salaries or other com- pensation. Nos. 4, 2, 39. .A-ttends meetings in other States or countries. No. 4. Expends funds for exhibits, etc., outside of the State. No. 4. Apportions to forestry, under approval of the governor, proper proportion of the funds annually available for agriculture and forestry. No. 3. Expends, for forestry purposes, the revenues derived from royalties and the sale of timber resulting from the operation of mines and quarries upon public lands of the State. No. 69. Makes rejiort and recommendations to the governor, biennially, including therein the report of the State forester. No. 5. Willful neglect to perform any of the above-described duties is punishable by imprisonment for not more than one year, or bj^ a fine of not more than $1,000, or by both. Nos. 72, 73, 74. State Forester. Receives appointment, salary, expenses, and office sup- plies, and holds office, in his capacity as commissioner of agriculture. Nos. 6, 2, .^S, 76, 77. ' Has direction of all forestry matters. No. 6. Appoints the chief forester. No. 6. Is, ex oflicio, in charge of, and manages, the State forest nursery. No. G. Cooperates with private owners, at their expense. No. 0. See also "Cooperation," on p. 3. Employs assistance subject to approval of the governor and of the board of control, including the fixing of salaries or other compensation. Nos. 4, 2, 6, 39. Causes the prosecution of jjersons violating laws concern- ing forests. No. 6. Collects data and makes expert forest studies. No. 6. Prepares and circulates at the expense of the State bulle- tins and circulars, delivers lectures, and conducts demonstrations. No. 19. See also "Publications," on p. 3. Makes report and recommendations to the governor biennially. (Published with report of commissioner of agriculture.) Nos. 7, 5. Is, ex officio, State firewarden. No. 6. Is subject to a fine of not more than $10 for neglect to perform any of the above-described duties. No. 23. Determines the value of trees cut by mine and quarry operators on the public lands of the State and makes report thereon to the secretary of state, under penalty, in case of willful neglect to perform such duties, of im- prisonment for not more than one year, or a fine of not over $1,000, or both fine and imprisonment. Nos. 68, 72, 73, 74. Chief Forester. Is appointed by the State forester, to hold office during his pleasure. No. 6. Receives such salary and expenses as ai-e fixed by tlie board of control. No. 39. Is required to be a professionally trained forester. No. 6. Is subject to the orders of the State forester. No. 6. Cooperates, \mder approval of the governor, with: (a) The Vermont Agricultural Experiment station and the U. S. Forest Service, in experimental forestry investiga- tions; and (b) the state agricultural college, in lectures ' Whenever thus leaflet or any other comprising a part of this compilation of " State Forestry Laws" is reprinted for local use, please append thereto the following note: This arrangement of the Forestry Laws of is reprinted from " State Forestry Laws, " compiled and issued , in leaflet form by the Forest Service, U. S. Department of .\griculture. Similar leaflets for other States, so far as available, and information con- cerning forestry laws generally will be furnished ujiou request addressed to "The Forester, Forest Service, Washington, D. C." The State Forestry Laws leaflets which have been already published are as follows: No. I.Wisconsin; No. 2, Louisiana: No. 3, North Carolina; No. 4, Maryland: No. 5, Missouri; No. 6, Texas: No. 7, Virginia; No. S, Idaho; No. 9, Oregon; No. 10, Wyoming; No. 11, New Jersey (supply exhausted); No. 12, Washinton; No. 13, Indiana: No. 14, Minnesota: No. 15, Montana; No. 16, Illinois: No. 17, Ohio; No. 18, Connecticut; No. 19, Massachusetts: No. 20, New Hampshire; No. 21, Colorado: No. 22, West Virginia; No. 23, New York. Requests for leaflets should always identify the particular ones desired by giving their respective numbers, as here indicated, in addition to mentioning the names of the States. The laws of other States, so far as they have been compiled, are available only for loan, through the Forest Service Library, Washington, D. C. ■77brarTof congress seciivEo STATE FORESTRY LAW'S — VERMONT. and demonstrations Concerning forestry; each of said agencies bearing its })roportional share of tlie total expenses. No. 6. Is subject to a fine of not more than $10 for neglect to per- form any of the above-descriljed duties. No. 23. Expert or other Assistants. Are employed subject to the approval of the governor, and of the board of control. Nos. 4, 2, 6, 39. Salary or other comjjensation of persons so em]jloyed is fixed by the brard of control. No. 39. Cooperation. Js authorized: A\'ith ])rivato owners of forest lands, at their expense. No. (1. With certain State and Federal agencies, under ajv proval of the governor; each of which agencies bears its proportional share of the total expenses. No. 6. State Forest Nursery. Supplies forest seedlings: At cost, within the State, together with directions for planting the seedlings, and, as far as practicable, skilled assistance or supervision, at applicant's expense, upon request therefor. Nos. 24, 25, 26. At market prices, outside of the State. No. 27. Is located on land of the Vermont Agricultural Experi- ment Station. No. 24. Is in charge of, and managed by, the State forester. No. 6. Revenue acquired through sales of surplus stock for use outside of the State is turned into the State treasury for general forestry purposes. No. 25. Costs of management are defrayed out of the general funds available for forestry purposes. No. 25. Investigation and Education. Are promoted: By institutes, lectures, publications, and other activi- ties conducted by the commissioner of agrieultiu'e, including the authority to expend funds for exliib- ils, etc., outside of the State. No. 4. See also, below, "Publications." By collection of data, expert studies, bulletins, addresses, lectures, and demonstrations by the State forester. Nos. 6, 19. By coojieration, on the part of the chief forester, with the X'ermont Agricultural Experiment Station and the TJ. S. Forest Service, in experimental forestry investigations; and ^-itli the State agricultural college, in lectures and demonstrations concerning forestry. No. G. By instruction in forestry pro\ided in the State school of agriculture at Randolph, and the Theodore N. Aail agrictilttu'al school and farms at Lj-ndon; and in Middlebury College. Nos. 59, GO. Publications. .■\re issued in the form of bulletin.'i, circulars, and annual reports, by the commissioner of agriculture and the State forester, relative to State forest conditions, the care of woodlands, best methods of hmibering, promo- tion and preservation of forest growth, prevention and control of forest fires, with the State laws thereon, and kindred subjects. Nos. 4, 5, G, 7, 19. Income From Sources Other Than .Annual or Biennial Appropriations. For general forestry pur])oses, is derived : From sales of forest .seedlings, propagated in the State forest nursery. No. 25. From sales of tiralier and other products of State forests. No. 8. See also No. G9. From royalties and sales of timber on other State lands. No. 69. For forest fire protection,^ is deri\'ed irum jjrivato lands not sufficiently protected. No. 11. FIRE ORGANIZATION AND ACTIVITIES. Commissioner of Agriculture. Is, ex officio. State forester. No. 6. State Forester (State Firewarden). Is, ex officio. State firewarden. No. G. Receives appointment (including term of office), salary, expenses, and office supplies, in his capacity as com- missioner of agriculture. Nos. G, 2, 38, 7G, 77. Is empowered to exercise such powers and to perform such duties ' as a firewarden in a town or gore, and with like ■ For tlie powers and duties of a firewarden in a town or gore, see " Forest Firewardens," on p. 4, and also " Municipal Forests," on p. 6. - While the State fund which is available, annually, for meeting un- foreseen forest fire emergencies can not be considered as a permanent source of income, it nevertheless constitutes a fund upon wliicli.ou aji- eftect; and is subject to a fine of not more than $25 for failiu-e to perform the same. Nos. 6, 14. Approves appointment of town forest firewardens by town boards of selectmen; and appoints such firewardens when the selectmen fail to do so. No. 11. Divides towns into districts, as conditions may demand and api)oints necessary district forest firewardens. No. 17. .\ppoints forest firewardens for unnrganizcd towns and gores. No. 12. proval by the committee on budget, the State depends to cover: (a) All sums spent for forest protection purposes, by organized towns, in excess of 10 per cent of the grand list of each town (see No. 11): and (b) all per diem and other expenses of forest fire-protection work in unorgan- ized towns and gores (see No. 12). with the exception of the costs of employing watchmen at fire lookout stations (see No. Itt). STATE FOEESTRY LAWS VERMONT. Approves, or directs, establishment of patrol by for 8t firewardens. No. 14. Uses portions of the money apportioned for forestry: ' To defray costs of maintainina; aatchmen at fire look- out stations. No. 16. To defray expenses of wardens attending meetings for discussion of forest fire problems. No. 15. Determines what unoccupied or uninclcsed lands con- taining inflammable material in organized towns have not been provided during the previous year with ade- quate protection against fire, such lands being subject to a special tax levy. No. 11. Certifies to State auditor of accounts, for payment, ap- proved accounts of town forest firewardens and their assistants for services rendered in adjoining towns, whenever those towns fail to make such payments. No. 11. Prepares and furnishes to firewardens and landowners forest fire notices for posting. No. 22. Prepares and publishes bulletins or circulars concerning prevention and control of forest fires, and containing the State laws thereon. No. 19. See also "Publica- tions," on p. 3. Furnishes blank forms to firewardens for reports upon forest fires. No. 13. Causes the prosecution of persons who violate forest or fire laws of the State. No. 6. Makes report, biennially, to the governor of his official acts and all matters in his charge, with recommenda- tions. No. 7. Is subject to a fine of not more than $10 for failure to per- form any of the above-described duties.- No. 23. Forest Firewardens. In organized tov'ns. Town forest firewardens: Are appointed by the board of selectmen of each towai, annually, on or before January first, subject to the approval of the State firewarden, to serve for one year; except in the case of the chiefs of fire departments, who act in such capacity, ex officio, (without additional compensation) when- ever there are woodlands within the limits of a city. Nos. 11, 18. Are also appointed by the State firewarden when the selectmen fail to do so by the first of March. No. 11. Receive from the town $3 a day for time spent in the discharge of their official duties. Nos. 11, 14. Are restricted to specified districts within their re- spective towns whenever, in the judgment of the State firewarden, the conditions in a town call for the services of more than one firewarden. No. 17. 1 Pee No. 3. 2 The penalty provision here referred to is that prescribed for any state officer, whi e firewardens, a though coming within the class of state officers, are subject to a special fine of not more thanSM. See, be'ow, under "Forest Firewardens," the penalty statement, on this page. District forest firewardens: Are appointed by the State forest firewarden, and assigned to take charge of specified districts within towns which are found to require more than one firewarden, and receive the same compensation from towns as town forest firewardens. No. 17. In unorganized toivns and gores. Forest firewardens: Are appointed by the State fire'warden, for a term of one year; and receive from the State 13 a day for time spent in the discharge of their official duties. No. 12. Ill (ill towns and gores. All forest firewardens: Establish fire-patrol, subject to ajijiroval of the State firewarden, in dangerous localities, during the danger season; the expense of which is paid the same as costs of fire-fighting.' No. 14. Take required measures for the prompt control or ex- tinguishment of forest fires, actual or threatened, within their respective jurisdictions, and also in adjoining towns when necessary. Nos. 11, 18, 17, 12, 6. Enter any premises. Nos. 11, 18, 17, 12, 6. Impress residents of the town to render assistance; which authority, in the case of firewardens for unorganized towns or gores, is extended to include also summoning persons from outside thereof. Nos. 11, 18, 17, 12, 6. Determine when watchmen shall be maintained at fire-lookout stations. No. 16. Post warning notices in suitable places. No. 22. Perform patrol duty. No. 14. Arrest without warrant violators of forest fire laws, and make complaints to the jjroper officer. Nos. 11, 23, 18, 17, 12, 6. Attend local meetings for discussion of fire problems, upon request of the State firewarden. No. 15. Keep official records, sliowing expenses incurred, and number and causes of fires within their respective jtuisdictions, with the areas burned over, and the character and amount of damage done; and make report thereon to the State firewarden, within two weeks after a fire. No. 13. Suffer no abridgement of authority in consequence of the similar authority given the State firewarden. No. 6. Are subject to a fine of not more than .$25 for failure to perform their duties, without sufficient reason there- for.* No. 14. Patrolmen. Are employed, in dangerous localities, during the danger season, by the town (or by the State, in unorganized towns or gores), under the direction of the forest fire- 2 For payment of costs of lire-fighting, see Nos. II, 12. I See footnote 2 in column 1. STATE FORESTRY LAWS — VERMONT. wardens, subject to the approval or direction of the State firewarden; and the cost thereof is paid in the same manner as expenses for tire-fighting.' No. 14. Watchmen. Are employed, by the State, under the direction of the State firewarden, at fire-lookout stations, whenever, in the judgment of a forest firewarden, their 8er\dces are needed; and receive not to exceed $2 per day. No. 16. Landowners. Establish, at their expense, fire-lookout stations, and con- nect the same, b\' telephone, with regular lines of tele- phones. No. 16. .\re furnished with fire warning notices for posting in suit- able places. No. 22. Are subject to a special tax le\'y by towns if they neglect to protect their forest lands. No. 11. Fish and Game OflBcials.- State fish and game commissioner: -Attends to the publication and posting of proclama- tions establishing and reopening close seasons for hunting during times of drought and payment of costs thereof. No. 67. County and deputy fish and game wardens: Enforce forest fire provisions of title 38 of the General Laws. No. 64. Have power to require aid in enforcing the duties of their oflice. No. 64. Arrest violators. No. 64. Serve criminal j)roces8es. No. 64. Make and subscril)e to the necessarj- complaints or informations. No. 64. Caution persons concerning danger frcm fires in woods. No. 64. Extinguish fires left burning. No. 64. Notify all parties interested and the forest firewarden of the town whenever a fire threatens to extend beyond their C' ntrol, and exercise all the powers and duties of such firewarden until his arrival.^ No. 64. Render expense accounts for forest fire work to the treasurers of the towns in which the fires occur, who arrange for payment thereof in the manner pro- vided for pajTuent of forest firewardens.-^ No. 64. Fire-fighting Laborers. .\re impressed Ijy any one of (he several classes of fire- fighting officials having authority to take such action, and are subject to a jjenalty of not more than .$10 for neglect or refusal to comjily with such summons. Nos. 11, 18, 17, 12, 6, 64. 1 For payment of costs of forest fire-fighting, see Nos. 11, 12. - Willful npE ect to perform any of the.?e duties is punishable by im- prisonment for not more than one year or a fine of not over $1,000, or by both. iSce Nos. 72, 7.1, 74.1 ' For powers and duties and payment ot forest firewardens, see "Forest firewardens," on p. 4, and "Municipal forests," on p. 6. Are paid by the town concerned if the same is organized; otherwise, by the .'• tite, at the same rate per hour as is paid fcr labor on highways, upon a niinimtmi ba-sis of 5 hours' pay (see Ncs. 11, 12); and, in event of failure on the part of any organized town to duly make payment for such service, rendered in an adjoining town, the State pays therefor, and is sub.sequcntly roiml)ursed by the town. No. 1 1. Distribution of Costs of Fire Protection. State pays: ' Entire cost of fire jirotectioii in iinurganized towns and gores. ^ No. 12. Such portion of the cost of fire ])rotection in organized towns as may be in excess of 10 per cent of the grand list of each town.' No. 11. Cost of employing watchmen at fire-lookout stations in all towns and gores. No. 16. Expenses of forest firewardens attending meetings for discussion of forest-fire problems. No. 15. Costs of printing and circulating bulletins or circtdai-s concerning jtrevention and control of forest fires, and the forest fire laws of the State. No. 19. Expenses of publishing and posting proclamations establishing, and, if necessary, reopening close seasons for hunting during times of drought. No. 67. Organized towns pay: Per diem of town forest firewardens, and district forest firewardens. Nos. 11, 17. Expenses of fire-fighting within their respective limits, to an extent not to exceed 10 per cent of the grand list of each town; of wliich amount the town recovers not to exceed one-half, thi'ough a special tax levy of not to exceed five cents per acre, upon all unoc- cupied or uninclosed lands, or both, which contain inflammable material, and wliich are shown not to have been pro\-ided by the owner with adequate fire protection during the pre\dous year. No. 11. Expense of patrolmen employed within their respec- tive limits, in the same manner as expenses for fighting fires. No. 14. Costs of the performance of various duties incidental to forest fire protection. No. 14. Landowners pay: On account of their unoccupied and uninclosed lands, or both, containing inflammable material that has not been, during the pre\'ious year, provided with adequate protection against fire, a special tax levy of not to exceed fi\'e cents per acre, in reimburse- ment of the town for not to exceed one-half of the forest fire expenses in that year. No. 11. ' In addition the State advances any amotmts that may be due for fire-fighting services rendered by forest firewardens and their assistants in adjoining towns, when such towns neglect or refuse to pay for the same, the State being reimliursed therefor by the towns. (See No. 11.) * Payment is made from the moneys aimually available for purposes of any xmforesccn contingency, upon approval by the committee on budget, under the provisions olscction 654, G. L. (See Nos. 11,34.) 6 STATE FORESTRY LAWS VERMOi^T. Fire Provisions for Special Classes of Hazards. Railroads. Are required to use suitable de^'ices and to exercise due caution to prevent injuring property tlii'ough causing fires; and, in default thereof, when injuries are inflicted, the rolling stock or other property used in the running or management of the road is subject to attachment to furnish indemnity therefor, and the employee or agent guilty of the negligence is subject to imprisonment for not more than one year, or a flue of not more than ?1,000; which criminal procedure does not exempt either the railroad or its employees from an action for damages. Nos. 63, 62, 61. Have an insurable interest in the property along their route. No. 63. Compulsory brush and slash disposal. Penalty for leaving brush and slash is imposed in the form of a tax upon unoccupied or uninclosed lands which have not been protected during the previous year. No. 11. Fire Provisions for Miscellaneous Classes of Hazards. Require : All unoccupied or uninclosed lands, or both, con- taining inflammable material, to be afforded ade- quate protection, under penalty of a special tax levy thereon, in event of failure to comply with the requirement. No. 11. The times and conditions of kindling fires in the open shall be such as to insure control of the fires, under penalty of a fine not to exceed $10. Nos. 20, 23. Fires kindled in or adjoining woods to be totally extinguished before leaving them, under penalty of imprisonment for not more than 30 days, or a fine of not more than $50, or both. No. 21. In seasons of drought, that the governor, in the exer- cise of his discretion, may proclaim a close season for hunting. Nos. 65, 66, 67. Prohibit: Willful and malicious setting woods or forests on fire, so as to occasion injury to another, under penalty of imprisonment in the State prison for not more than 5 years, or fine of not more than $500. No. 70. Entering upon lands of another and setting a fire that causes damage, under penalty of imprisonment for not more than 60 days, nor less than 30 days, or fine of not more than $100, nor less than $10.' No. 71. Fire-warning Notices. Are required: To be printed in large letters. No. 22. To contain proper warnings as to the danger of forest fires, incorporating therein the provisions of sec. 478, G. L.'' which require total extinguishment, before leaving, of fires built in or adjoining woods, under penalty of imprisonment or fine, or both. No. 22. To be furnished bj' the State firewarden, and posted by the firewardens in suitable places. No. 22. Are permitted to be furnished also to ])ri\-ate landown- ers. No. 22. Willful removal or defacing thereof sulijects the offender to a fine of not more than $10 for each offense. No. 23. PUBLIC FORESTS. State Forests. Are established for the purpose of promoting and exem- plifying a State forest policy. Nos. 8, 9. Are acquired by the governor and State forester by means of .gift,' of purchase, or of lease of lands. Nos. 8, 9, 1. Are administered by the State forester and the commis- sioner of agriculture (Nos. 6, 8, 10); who are author- ized :- To provide necessary improvements, such as shelters, lookout towers, etc. No. 10. To lease or sell mine or quarry sites. No. 69. ' For general authority conferred upon the governor to accept gifts, to the State . of real and personal property, see, in volume of the General Laws, sees. 357,358. = Failure on the part of an ofhcer to perform any of these duties named renders him liable to a fine of not more than SIO (see No. 23), except in the cases of the duties of leasing and selling mines and quarry sites, and leasing additional lands for state forests, which cases fall vmder a general penalty; for which, see Nos. 72, 73, 74. To sell timber and other products; and must turn the proceeds into the State treasury, for general forestry purposes. No. 8. To survey and reforest the lands. No. 9. To use for reforesting purposes, free of cost, seedlings raised in the State forest nursery. No. 25. To prosecute for trespassing upon or injuring such lands through fire or other causes. No. 6. .\re taxed as are privately owned forest lands similarly utilized for fore.-^t production. Nos. 8, 46. Municipal Forests. Are established for the purpose of producing supplies of wood and timber. No. 2S. Are acquired by means of donation or by vote of the towns for purchase thereof, subject to examination as to their suitability for such use, in cases of tracts of not less than 40 acres. Nos. 28, 29. »The provisions in No. 70 are not affected by these provisions in No, 71. < See No. 21. STATE FORESTRY LAWS VERMOKT. Aro adrainistorod undor the diroction of the State forester, who is required:' To advise what trees shall be planted. No. 29. To use for reforesting purposes, free of cost, seedlings raised in the State forest nursery. No. 25. To direct what trees may be cut and what products may be sold; and to see that the proceeds there- from are turned into the trea-^ury of the town owning the lands. Nos. 29, 30, 31. To prosecute for trespassing upon or injuring such lands through fire.'- No. 6. Are protected by their respective town firewardens; who are paid for such services by the towns at the same rate as they receive for fighting forest fires, subject to the ap- proval of ihcir arconnts by the Stale forester.^ No. 30. TAXATION. C'las.sifiralion of Forest Lands. (iroups lauds to be classified on the basis of average age of stands, namely, as group 1 for "young timber lands" (under 15 years old), and as group 2 for "wild forest lands" (over 15 years old). Nos. 46, 50. Provides, as a basis therefor: That the lands in both groups shall be located outside the limits of a city or ^^llage. Nos. 46, 50. That the lands in group 1 shall be adequately stocked with trees; the species, approximate spacing, and manner of planting being specified, whore planting is necessary. No. 46. Thit the lands of group 2 shall be unsuited to agricul- ture, and of 5 acres or more in extent. No. .50. That State forests shall be classified with grouj) 1. No. 46. Requires: That application for group 1 shall be made to the State forester; and, for group 2, to the listers in each organized town or to the board of appraisers for the unorganized towns and gores. Nos. 45, 50, 51, 56. That the suitability of the land for classification shall be determined by the State forester for group 1; and, by the listers (or board of appraisers) for group 2, subject to appeal therefrom by the owner. Nos. 45, 51, 56. 55. Becomes finally effective: For group 1, through the issue of a certificate of classification by the State forester. No. 45. For group 2, by being set in the grand list by the listers (or board of appraisers). Nos. 51. 56. Continues in effect, for both groups, so long as the land is maintained in condition suitable to continuous forest production; and, whenever this condition ceases, the cla.ssification is canceled. Nos. 47, 52, .54, 56. Valuation. Requires: That, for purposes of the general property tax, assessed values, for both groups, be established, once for all, at the time of classification, and so remain until 1950. Nos. 46, 52. That, for group 1, the assessed value of the land be the only value so established and at not to exceed $3 an acre. No. 46. 1 Failure on the part of the State forester to perfonn any of the duties Ramcd renders him liable to a fine of not more than 110. (See No. 23.) That, for group 2, the assessed value of the land and timber together be so established, namely at the same figure at which they were assessed at the quad- rennial appraisal immediately preceding. Nos. 51, 56. That, in each group, a reassessment, on the same basis, but ^vithout the limitations as to value originally imposed, be made in 1950 and continue unchanged for a period of 50 years. Nos. 46, 52. That, in both groups, for ptirposes of the yield tax, the appraised stumpage value of the timber shall be determined on the basis of the quantity and stump- age value of material cut, as reported by the owner, or as re\dewed and revalued by the listers (or board of appraisers) ; or, in event of an appeal by the owner, as again reviewed, by a special board. Nos. 48, 53, 55, 56. Annual, or General Property, Tax. [s levied, up to 1950, in both groups, tipon the assessed values established at time of classification; and, there- after, for a period of 50 years, upon the reassessments of those values. Nos. 46, 52. Yield Tax. Is imposed : Upon the apjtraised ^•alue of any i)roducts cut from lands in either group, with the exception of such products as are devoted to personal use, and, in the case of group 1, with the further exception of such material as may be removed in the process of thin- ning, the stumpage value of which does not exceed the cost of removal. Nos. 46, 48, 53, 56. Is levied : In the case of group 1 at the rate of 10 per cent. No. 46. In the case of group 2 at the rate of one-tenth of 1 per cent, for each year that the land in any given tract has been classified, up to a maximum rate of not to exceed 7 per cent. No. 53. Is due: Whenever a taxable product is cut on lands in either group, and notice to that effect by the town treasurer is issued. Nos. 49, 53. 2 In this connection special reference is made to the following specific provision in No. 6: "Said forester shall, by complaint to the proper prosecuting officer, cause the prosecution of a person who violates a pro- vision of law relating to forests and forest fires," * * *. 3 For powers and duties and pay of towTi forest firewardens, see "For- est firewardens," on p. 4. STATE FORESTRY LAWS VERMONT. Is payable: To the town treasurer, in full, 'vrithin 30 days, and in triple amount, beyond 30 days, following his notice. Nos. 49, 53. Is collectible; Through an action of tort by the town, whenever payment is refused. Nos. 49, 53. Special Cancellation Tax. Is imposed upon the stiimpage value of the standing tim- ber; WThenever the land is not maintained in a condition suitable to continuous forest production, including the holding thereon, uncut, of a stand of timber which has matured ; and is in addition to any annual or special tax that may have been paid, or may be collectible. Nos. 47, 54. Is levied ; At a unit rate per cent for each year that the land in any given tract has been classified; such unit rate is one-half of 1 per cent in the case of group 1, and one-tenth of 1 per cent in the case of group 2. Nos. 47, 54, 63. At a maximum rate of not to exceed 7 per cent in the case of group 2 only. No. 53. Is due; In the case of group 1, whenever the classilication of lands is canceled. No. 47. In the case of group 2. whenever an owner, upon noti- fication from the listers (or the board of appraisers) that his timlier is mature and should be cut, elects to surrender classification rather than cut such timber. Nos. 54, 56. Is payable; In the case of group 1 , in full, within 30 days, and in triple amount, beyond 30 days, following notifi- cation, from the town treasurer, that the tax is due. No. 49. In the case of group 2, witWn three months from receiptbf notification from the listers (or appraisers), that the timber is mature and should be cut. No. 54. Is collectible; In the case of both groups, through an action of tort by the town. Nos. 49, 54. State Forester.' In the case of both groups: Directs manner of making application for classifica- tion. Nos. 45, 51. In the case of group 1; Also determines suitability of lands, and issues certificate of classification. No. 45. Approves species of trees that may be grown on such lands, and the manner of planting thereon. No. 46. Examines classified lands, wheneA'or deemed neces- sary, and cancels classification when proper forest conditions are not maintained. No. 47. In the case of lands planted and exempted prior to 1913, for a term of 10 yeara, under the provisions of an earlier act; Makes rules and regulations for care of the trees planted thereon, and, upon request, furnishes copies of the same. No. 32. Revokes the certificate of exemption when necessary, by written notice to the town clerk. No. 33. Chief Forester.' Is, ex officio, a member of all boards of appeal in cases of forest classification. No. 57. Owners of Lands. Are required; To give 30 days' notice' to the listers (or appraisers) of intention to cut on lands in group 2, under penalty of payment of three times the amount of the tax. Nos. 53, 56, 49. To file, with the listers (or appraisers), in the case of both groups, a statement as to the appraised value of the timber cut; which action, in tho case of group 2, must be in advance of removal of the timber. Nos. 48, 53, 56. May appeal from decisions by the listers (or appraisers); As to the suitability of lands for classification in group 2; as to the maturity of trees growing on such lands; and as to the appraised value of material cut from lands in either group. Nos. 55, 48, 56. Are entitled to have their lands which were planted and exempted prior to 1913 for a term of 10 years under the provisions of an earlier act continue to be exempted subject to conforming to the rules and regulations laid down by the State forester. Nos. 44, 32. Exemption from the General Tax Law. Is granted for a term of 10 years in the case of certain tree plantations established prior to 1913. No. 44. Is subject to revocation for violation of the State forester's rules and regulations governing the plantations. No. 33. 1 Willful neglect of any duties here indicated is punishable by impris- onment for not more than one year or a fine of not over Sl.OOO, or liy both. (SeeNos.72, 73, 74.) STATE FORESTRY LAWS VERMONT. Board of Control. Consists of the governor (serving as chairman). State treas- urer, auditor of account*, director of State institutions, and a member appointed, biennially, by the governor with the advice and consent of the senate. Nos. 35. 36. Utilizes as its secretary and recording officer the secretary of civil and military affairs, who is allowed necessarj' expenses in connection with such work. No. 36. Serves without compensation further than necessary expenses of its members, with the exception of the meml)er appointed by the governor, who receives both salary (.$8 a day for services rendered ) and his expenses. Nos. 35. 75. Holds meetings at least monthly. No. 35. Receives from State boards, institutions, commissions, officers, and departments other than judicial officers monthly reports as to work done and expenses incurred and utilizes the .same for purposes of publicity. Xo. 37. Has inquisitorial piwers as to tlie ojjerations of all State boards, institutions, commissions, officers, and depart- ments, and may cause the governor to revoke the com- mission of any officer or member of a board ajjpointed l)y him. with or without the advice and consent of the senate. No. 3S. Apjjroves employment of expert or otlier assistance by any State board, institution, commission, officer, or de- partment. No. 39. I''ixes salary or other coinpensation of persons aj)pointr(i nr ciiiployed l)y any Slat<' board, itisliliitinii. coniniis- sinii. ofiiccr. or deparlfncnt. wlirMi not lixcil by l.nv: MISCELLANEOUS PROVISIONS. but may not change such as may lie so fixed ; nor author- ize expenditures in excess of any maximum limit that may be fixed l)y law. No. 39. Provides office room, with furnishings, for certain State officers, commissions, boards, arid departments, includ- ing the commissioner of agriculture. State forester, and chief forester, and charges costs against the inoneys an- nually available for the support of such officers, l)oards, etc, Nos. 40. 41. 42. Makes reports and recommendations to the general as- .sembly. liiennially. No. 43. The meml)ers thereof are subject to imjirisoniuent for not more than one year, or a fine of not more than $1,000. or both, for willful neglect to perform any of the above described duties. Nos. 72. 73. 74. Committee on Budget. Has authority to make any expenditures necessitated by unforeseen circumstances or emergencies, and may pledge the credit of the State therefor; the moneys so tised being a})proj)riated for such purposes and included in the !)udget for tlie next liiennial fiscal period. No. 34. General Penalty for Failure to Perform Official Duties. Imprisonment for not more than one year or a fine of not over $1,000, or both such fine and imprisonment, are, in the absence of a specific penalty for the of'ense in ques- tion, imposed upon any State, county, town, or fire dis- trict officer wild willfully neglects to ))erfnrni ilic diitics iinj)o,spd uiiciii liiiu by law. .Nos. 72. 73. 71. Note.— The aljbri'viation H. L. TEXT OF LAWS. whenever used l)elo\v. has reference to the State code, entitled, "C:enerai Law.s", issued 1917 (No. 1.) Sec. 359. G. L.. am. by 1.. 1P19. act 12. .=ec. 1. The gov<'rnor mav. in the name of the state, lease for a term of years or otherwise. si;ch land or lands as he deems neeessarv' for the protection and proper marageraent of state forest reserves, or for use by the state in connection with state forest reserves; and the go\eriior may also, in like manner, lease any land or lands he deems can be used to advantage by the slate in connection with any state institution or department. 1 eases so entered into ."hall be kept on file in the office of the secretary of state. The auditor of accounts is hereby aiUhorized to draw orders for oblisations incurred tmder the provisions of this section. [L. 1917, act 14, sec, l.| (No. 2.) Sec. 428. G. 1.. The governor shall bien- nially in the month of .lanuary. with the adNice and consent of the senate, appoint a commissioner of agri- culture. Said commissioner shall maint'in .such office and emp'ov such assistance, clerical or otho-rwi.se. as the governor deems nece.s,sarv for the proper performance of his duties. [L. 1917, act 17, sec. 2; * * *; I.. 1908, act. 11, sec. 6.] (No. 3.) Sec. 429. (i. L. Said commis,sioner shall, from time to time, apportion, subject to the approval of the 182746—20 2 governor, the moneys annually available for carrjdng out the provisions of this' and the following chapter^ between agriculture and forestry, as in his judgment w\\\ best sub- serve the interests of the state. [I/. 1917, act 17, sec. 1; * * *; L. 1908, act II, sec. ll.] (No. 4.) Sec. 430. (!. I,. Said commissioner shall pro- mote the a.griciiltural interests and education throughout thestateby means of institutes, farmers' meetings. lecttires. essays, bulletins. » * * nature leaflets and such other means as he deems advisable, and may employ, subject to the approval of the governor, assistants, lecturers, essaj-ists and experts in conducting meetings, in the preparation of bulletins « » * and in the proper discharge of his duties. Such educational work shall include, among other topics, forestry, * * * Lectures and essays shall be given and institutes and meetings held at such places and times as said commissioner deems advisable. Said com- missioner may attend conventions, meetings, or institutes relating to agriculture, held in other states or countries. I Chapter 2.5 (Agriculture) of the General Laws 42S. 429, 430, 43.i. ^Chipter 21) (Forestry; of the General I/.nv-;. 4(>3-490. , which contains sees. vhich contains sees. 10 STATE FORESTRY LAWS VERMONT. Said commissioner may, with the approval of the governor, use a portion of the moneys apportioned for agriculture, to represent the state by exhibit or otherwise outside of the state. [L. 1917, act 17, sec. 3; * * *; L. 1908, act 11, sec. 7.] (No. 5.) Sec. 435, G. L. Said commissioner shall, in each even year, submit a detailed report of his work to the governor, together with such facts and abstracts as are hereinafter required to be included therein, and together ■ndth such suggestions in regard to the duties of his office and the advancement of the agricultural interests of the state as may seem pertinent. Said commissioner may. include in such report such addresses, lectures and essays delivered under the provisions of this chapter', as he deems advisable, and may reprint therein bulletins, * * * and leaflets. Said commissioner may include in such re- port an abstract of the proceedings of such agricultural clubs or other organizations or institutions for the further- ance of agricultural education and interests, as he deems advisable. There shall be published with such reisort, * * * the report of the state forester * * * [L. 1917, act 17, sees. 4, 9; * * *; L. 1908, act 11, sec. 9.] (No. 6.) Sec. 463, G. L. The commissioner of agricul- ture shall, by virtue of his office, be state forester. Said forester shall have direction over all forest interests and all matters pertaining to forestry, and shall be, ex officio, forester in charge of the nursery for forest seedlings. Said forester shall he. ex-officio state firewarden and may, in his discretion, exercise all the authority of the firewarden in a town or gore and may do any act which said warden may do under the provisions of this chapter-; and every person and town shall be governed and bound by such acts of said forester as if the same had been j)er- formed by said warden, liut this provision shall not affect the authority of said warden. Said forester shall man- age the state forest reserves. Said forester shall col- lect data and make exjiert studies relative to state forest conditions. Said forester may prepare bulletins, deliver addresses, lectures and demonstrations in forestry. Said forester may advise owners of forest lands in this state relative to the management of the same, provided that all necessary expenses incident thereto are met by those requesting such services. Said forester shall, by complaint to the proper prosecuting officer, cause the prosecution of a person who viclates a provision of law relating to forests and forest fires, and shall cause actions to be instituted by the attorney general in liehalf of the state against all jjersons trespassing upon or injuring any state forest property. Said forester shall appoint a deputy who shall be a professionally trained forester, who shall be known and officially designated as the chief for- ester of the state of \'ermont, who may, subject to the ap- proval of the governor, conduct and report upon experi- mental investigations pertinent to forestry in coopera- 1 Chapter 25 (Agriculture) of the General Laws, which contains sees. 428, 429, 430, 435. 'Chapter 26 (Forestry) of the General Laws, which contains sees. 463-490, tion with tlie Vermont agricultural experiment static n and the United States forest service, and deliver addressps, lectures, and demonstrations in forestry in connection with the resident and extension service of the state agri- cultural college, provided, however, that said station, service and college bear their proportional shares of the total expense involved in such work. Said deputy shall hold office during the pleasure of said forester; and said forester may emjjloy such other assistance as the governor deems necessary to properly perform the duties of said forester. Said deputy shall at all tunes be subject to the orders of said forester. [L. 1917, act 17, sec. 8 ; L. 1908, act 11, sees. 2, 5; * * *; L. 1904, act 16, sec. 1.] (No. 7.) Sec. 464, G. L. Said forester shall, in each even year, make a report to the governor of his official acts and of all matters in his charge, together with such recom- mendations as he deems proper. [L. 1917, act 17, sec. 9; * * *; L. 1904, act 16, sec. 2.] (No. 8.) Sec. 465, G. L., am. by L. 1919, act 28, sec. 1. The governor is hereby authorized, upon recommendation of said forester, to accept gifts of land to the state ^ the same to be held, protected and administered as a state forest reserve. All proceeds from the .sales of timber or other products from such lands shall be paid to the state treasurer and be used at the discretion of said forester in the furtherance of the forestry interests of the state. All lands held as state forest reserves shall be appraised under the provisions of section seven hrmdred and twenty-two of the General I aws* and set to the state in the grand list of the town where located and the state shall pay taxes thereon. [L. 1917, act 17, sec. 10; L. 1908, act 11, sec. 3.1 (No. 9.) Sec. 4(ili, G. b. Said forester, with the consent of the governor, is autfiorized to purchase lands' in the name of the stite, to l)e held, protected and administered as state forests as i)rovided in the preceding section. The moneys annually available for the purposes of this section in addition to paying the purchase price of such lands may be used for surveying same, and for reforesting such portions thereof as are suitable for such purpose. [L. 1912, act 28, sec. l.J (No. 10.) Sec. 467, G. L. The commissioner of agricul- ture may use such portion of the moneys apportioned for forestry as he deems advisable for the erection of shelters, lookout towers, storehouses or barns on any of the state forest property. [L. 1917. act 17, sec. 11; L. 1912, act 29.] (No. 11.) Sec. 468, G. L., am. by L. 1919, act 16, sec. 1. The board of selectmen of each town shall annually, on or before the first day of January, appoint a town forest fire- warden, who, upon his acceptance and upon the approval of said forester, shall serve for the calendar year. Said warden shall receive three dollars a day for time spent in the performance of the duties of his office, which shall be paid by the town. Upon the failure of said selectmen to make such appointment by the first day of ;\Iarch in any s For general authority conferred upon the governor to accept gifts, to the State, of real and personal property, see, in volume of the General Laws, sees. 357, 358, < See p. 14. STATE FORKSTKY LAWS — VKl'.ArOXT. 11 year, said forester shall appoint such town forest firewarden . Said warden shall, when a forest fire or fire threaten- ing a forest is discovered in his town enter upon any prem- ises and take measures for its prompt control and extin- t;uishment, and he may call upon any person in the town for assistance, and said person shall lie paid by tho town at the same rate per hour as is paid for labor upon high- ways. A minimum of five hours' pay shall be allowed ])evsons who are officially summoned to assist in the oxtin- iiuishment of forest fires. A person who nesjlects or refuses to assist when so called by said warden, and not excused shall be fined not more than ten dollars. Paid warden may arrest without warrant any person found in the act of \iolating a provision of law pertaining to forest fires. .\ town shall not be held liable in any one year for an amount greater than ten percent of its grand list, for the purpose of extinguishing forest fires of which sum not to exceed one half shall lie recovered by the tow n throvigh a special levy of not to exceed five cents per acre, which levy shall be a.fsessed on a per acre basis as an extra item in the regular lax bill against all unoccupied lands or unineloaed lands or both containing inflammable material, which, in the opinion of the state forester, from facts placed before him by the owner of such lands or the selectmen of the town in which the lands lie or both, have not been prov'ded during the previous year bv said owner with adequate protection against fire. I-"ailure of an owner of such lands to provide them with such protection, or failure to file on or before November first a statement in proof thereof with said forester shall be prima facie exHdeiu'e of the absence of such protection. Occupancy of a farm l)v an owner or his tenant shall constitute adequate protection of the timberlands thereon. All sums sjient by a town in forest protection in excess of ten per cent of it*! grand list shall be paid by the state from the moneys annually available for the purposes of any unforseen contingency, and the auditor of accounts shall draw an order for any such excess, when the same is approved by the committee on budget under the provisions of sec- ti in ()-')4 of the General Laws.' Whenever said w-arden employs men in extinguishing a fire in a town adjoining his own the expense incurred shall be paid by the town in which the work was done. If a town neglects or re- fuses to pay said warden or his assistants for their services, .said forester shall, if he finds the same to be justly due, certify the amounts to the auditor of accounts, together with the names and addresses of the claimants, and said auditor shall draw an order therefor payable to such claimants, and the town liable for such services shall reimburse the state for the amount so paid. [* * *; L. 1904, act 16, sec. 3.] (No. 12.) Sec. 469, G. L.. am. by L. 1919, act 16, sec. 2. Said forester may appoint a forest fire warden for an nn- organived town or gore, who shall hold office for one year. Said wardens shall ha\e the same powers and unties as town forest firewardens and shall receive three dollars a day for the time spent in the performance of the duties of 1 See No. 34, on p. 13. his offi<'e. Said warden may call on any person, whether resident or not of such town or gore, for assistance and such person shall receive the same pa}- and be liable to the fame pena'ties as prescribed for persons called upon by a warden imder the provisions of the preceding sec- tion. The per diem of said warden and said persons and all expenses incurred by said warden in extinguishing forest fires shall, on the ajojiroval of the committee on budget under the provisions of section 6.54 of the General Laws ^ be paid by the state from tho moneys annually available for the purposes of any unforseen contingency, and the auditor of accounts shall draw orders therefor. [* * *: L. 1904, act 16, sec. 4.| (No. 13.) Sec. 470, (!. L. .\ forest firewarden shall keep a record of his acts, the amount of expenses incurred, the number of fires and causes, the areas burned over and the chara<-ter and amoimt of damages done in his juri.'diction, and shall, within two weeks after the discovery of such a fire, report the same to said forester on blanks which shall be furnished by him. [* * *: L. 1904, act 16, sec. 7.] (No. 14.) Sec. 471, G. I.., am, by L. 1919, act 16. sec. 3. Such a warden shall, during the danger season and subject to the approval or direction of said forester, establish a patrol in dangei'ous localities, and the expense for the same shall l)e paid as expenses for fighting I'res. Said wardens shall receive the same pay for time spent in posting notice.*, patrolling or making reports that the>- receive for time spent in actual fire fighting. .\ warden who fails to per- form his duties without sufficient reason shall be fined not more than twenty-five dollars. [L. 1910, act 20, sec. 4.] (No. 15.) Sec. 472, (i. !.. Said forester may use such portion of the money apixirtioncd for forestry as he deems necessary, for jiaying the exiiensc of such wardens as he may invite to a local meeting for tho discussion of fire problems. [L. 1917, act 17, sec. 12; L. 1910, act 20, sec. 5.] (No. 16.) Sec. 473, G. L. Whenever an owner of forest lands establishes at his expense a fire-lookout station on any prominent hill or mountain overlooking timber lands in the state and connects the same by telephone with some regular telephone line, .said forester is authorized to use such portion of the moneys apportionele, but such expense shall not er.ceed two dollars per day. |L. 1910, act 20, sec. 6.) (No. 17.) Sec. 474, G. L. Whenever said forester deems it difficult in any town for one warden to success- fully take charge of protecting the entire town from forest fires, he may divide such town into two or more districts and designate the district to be under the charge of the town warden and appoint a district forest firewarden in charge of the other district. Said wardens shall have the same powers, duties and pay, and make the same reports to said forester as town forest firewardens. [* * *; L. 1910, act 20, sec. 7.] '■ Sec No. 3-1, on p. 13. 12 STATE FOKESTRY LAWS VERMONT. (No. 18.) See. 475, G. L. Whenever there are wood- lands within the limits of a city, the chief of the fire department of such city shall act as firewarden with all the powers and duties of town forest firewardens, but without additional salary. [L. 1910. act 20, sec. 8.) (No. 19.) Sec. 476, G. L. Said forester may prepare bulletins or circulars treating of forest fires, their pre- vention, the best methods of controlling and extinguishing the same, the laws of the state on the subject, the care of woodlands, the best methods of lumbering, the promotion or preservation of forest growth and kindred siibjects, and such b\illetins or circulars may lie printed and circulated at the expense of the state and may be included in the printed report of said forester. (* * *; L. 1904, act 16, sec. 8. 1 (No. 20.) Sec. 477, G. 1.. Fires kindled for the pur- pose of burning brush or for other lawful purpose shall be kindled only at such times and under such conditions as will enable the parties starting them to keep them entirely under control.' [* * *; L. 1904, act 16, sec. 9.] (No. 21.) Sec. 478, G. L. A person who builds a fire in or adjoining any woods shall totally extinguish such fire before leaving it. A person who violates a provision of this section shall be imprisoned not more than thirty daysor fined not more than fifty dollars, or both. [* * *: L. 1904, act 16, sec. 5.] (No. 22.) Sec. 479, G. L. Said forester shall have notices printed in large letters, containing the pro\dsions of the pre- ceding section and proper warning as to danger of forest fires. Such notices shall be furnished to firewardens, who shall post them in suitable places, and may also be furnished to private landowners. |* * *; 1-. 1904, act 16, sec. 6.j (No. 2:j.) Sec. 480, G. 1,. .\n ofticer who n('glecls to per- form the duties imposed upon him by this chapter - a person who willfiUly tears down or defaces a notice posted under the provisions of this chapter or a person who disobeys any of its provisions for which no other penalty is provided, shall be fined not more than ten dollars for each offense. The fire- warden .shall make complaint to the proper officer of offenses under this chapter. [* * *; L. 1904, act 16, sec, 10.] (No. 24.) Sec. 481. G. 1/ The Vermont agricultiu-al ex- periment station shall, at it« own expense, furnish the nec- essary land for a nursery for the propagation of forest seed- lings of useful varieties and shall furnish the necessary ex- pert supervision thereof, and shall, as soon as may be and as far as practicable, furnish to all applicants who are re.sident.s of or landowners in this state, material for forest planting at the actual cost of the same, and such material shall be used for forest planting in this state. [* * *: L, 1906, act 15, sees. 2, :i.\ (No. 25.) Sec. 482. G. I-. Said forester may. sul)ject to the approval of the governor, use such portion of the moneys a)> portioned for forestry as seems reasonable, for the develop- ment of nurseries for forest seedlings, and for the piu'pose of supplying, at cost, seedlings for the planting of State forest reserves, municipal forests and private lands, as provided in 1 For penalty in case of violation of these provisions see No. 23. = Chapter 26 (Forestry) of the General Jjaws, which contains sees. 483-490. the preceding section. All moneys received from the sale of such seedlings shall be covered into the state treasury and may be used by said forester in the furtherance of the forestry interests of the state. fL. 1917, act 17, sec. 13; * * *: L. 1908, acta, sec. 4.] (No. 26.) Sec. 483, G. L. Said forester shall furnish to an applicant for such forest seedlings suitable directions for planting the same and shall, when requested, so far as he may be able, furnish skilled assistance or supervision for such work, and the applicant therefor shall pay the expense thereof, [* * *: L. 1906, act 15, sec. 4.] (No. 27.) Sec. 484, G. L. Any surjjlus stock in such nurs- ery from time to time after the demands mentioned in the third preceding section have been supplied, may be sold at fair market prices to parties for use without the state. [* * *: L. 1906, act 15, sec. 5.] (No. 28.) Sec. 485, G. L. A town may, at any legal meeting, vote such s\ims of money as it deems best for the purchase, management and impro\ement of lands for the purpose of growing wood and timber thereon. [L. 1915, act 24, sec. 1.] (No. 29.) Sec. 486. G. L. A town owning, either through donation or purchase, a tract of land of not less than forty acres, may have the same examined \\itho\it cost by said forester, for the purpose of determinirg whether the same is suitable for a municipal forest. If, upon such examination, said forester decides that it is suitable for such purposes, it shall be designated as a municipal forest, and said forester shall give advice as to what trees shall be planted thereon and as to the subse- quent management thereof. [* * *; 1.. 1915, act 24, sec. 2. 1 (No. 30. ) Sec. 487, G. L. Such numicijial forests shall be managed under the direction of said forester, and onh' such trees may be cut as he may, from time to time, des- ignate. The protection of such forests shall be under the town forest firewarden, who shall be paid for his services in connection therewith by the towTi, at the same rate as he is paid for fightirg forest fires, upon the ap])roval of his account by said forester. [L. 1915, act 24, sec. 4.] (No. 31.) Sec. 488. G. L. .Vll moneys received for the eale of lumber, wood or other products from such a forest, fhall be paid into the treasury of the town owning the same. [L. 1915, act 24, sec. 5. | (No. 32.) Sec. 489, G. L. Said forester shall make rules and regulations relating to the care of timber or forest trees planted prior to January first, nineteen hun- dred and thirteen, under the provisions of section three hundred and sixty-eight of the Public Statutes.^ Said forester shall furnish a printed copy of s\u'h rules and reg- ulations to any person upon request. [L. 1912, act 40, sec. 5; P. S., sec. 368; L. 1904, act 17, sec. 2.] (No. 33. ) Sec. 490, G. L. Said forester shall revoke the certificate of exemption of an owner or occupant of exempt land who violates or knowingly permits to be violated 3 Sec. 368 of the Public Statutes gave the state forester authority to determine upon the manner in which such lands as were e?itmpted from taxation were to be planted, the number and kinds of trees to be used, and other similar details, STATE rOKESTRY LAWS YKRMOXT. 13 such rules or regulations of said forester, by giving notice in wTiling of such revocation to the town c-lerkwith whom the original certificate was filed; and, upon the tiling of such notice, such exeniplion shall cease. [L. 1912, act 40, sec 5; P. S., sec. 370; J,. 1904, act 17, sec. 5.] (No. 34.) Sec. 654, G. I;. Said (ommittee [Ihc commit- lee on budget] shall have the authority to make any expendi- tures necessitated by unforeseen circumstances or emer- gencies and may pledge the credit of the state for the same, * * *, and all sums of money used under the provisions of this section are hereby appropriated for the puqioses mentioned in this section. All moneys used and expended under the provisions of this setj^on shall be included in the budget for the next biennial fiscal period. [* * *; L. 1915, act 26, sec. 14.] (No. 35.) Sec. 655, G. L. The board of control shall con- sist of the governor, state treasurer, auditor of accounts, director of state institutions and a person to be appointed biennially by the governor with the advice and coniient of the senate. Such appointed member shall hold oflfice f. 1912, act 41, sec. 4. 1 (No. 54.) Sec. 730, G. L. Whenever in the opinion of the listers' the trees growing on such forest land are mature or such land ceases to be used as a wood or limber lot to an extent entitling the owner thereof to the privileges of this chapter, they shall report that fact to the owner or manager of the land; and if the owner declines to cut such trees, he shall, within three months after receiving such report, pay to the town treasurer the amount of tax that would be due the town if such trees were (ut as pro- \ided in the preceding section: and, on his refusal or neg- lect to make such payment, such tax may be recovered by the town in an action of tort, on this statute. Thereafter the provisions of the four preceding .sections shall no longer apply, and the listers ' shall appraise such land in the manner provided for the appraisal of other land. [L. 1912, act 41, sec. 5.) (No. 55.) Sec. 731, G. L., am. by L. 1919, art 29, .sec. 3. If the listers' and the owner of a wood or timber lot. the ' See also No. 56, classification of whiih has been applied for under the fourth and fifth preceding sect'ons. can not agree as to such classification, or if after such cla,ssification they can not agree as to the inat\irit y of the trees growing thereon or the stumpage value thereof when cut, the listers' shall make their decision thereon and the owner may appeal therefrom in the manner provided for appeals in chapter forty-three.2 [L. 1912, act 41, sec. 6. J (No. 5(j.) Sec 4,' act 29, L. 1919. ]''or the purpose of this act annual appraisals in unorganized towns and gores .shall be considisred quadrennial appraisals and the board of appraisers for such unorganized t.,wns and gores shall have the same duties and powers as listers; and ap- peals shall be from their decisions under this act as from the decision of a board of civil authority of a town. (No. 57.) Sec. 5, act '29, L. 1919. The chief forester shall be a member ex -officio of all boards constituted by the commissioner of taxes for the pur]:ose of hearing ap- peals vinder this act. (No. 58.) Sec. 6, act 29, L. 19)9. The commissioner of taxes shall forthwith ajipoint a board of appeal as herein- before constituted which shall hear all appeals in matters relating to the classification of forest lands as provided in sections 723, 724 and 731 of the General Laws, which are pending at the passage of this act. (No. 59.) Sec. 1403, (i. L. The state school of agriculture at Randolph and the Thecxlore N. Vail agricultural school and farms at Lyndon shall constitute the special agricul- tiu'al schools of the state for the purpose of developing the agricultural resources of the state through practical in- struction in agriculture, including * * * forestry, * * *. [L. 1915, act 7G, sees. 1, 2, 3.J (No. 60.) Sec. 1438, G. L. Twenty-four thousand dollars of the moneys annually available for the use of Middlebury College shall be expended annually in * * *, and in pro^■iding instruction in I'orestry and * * *. [L. 1910, act 75, sec. 3.] (No. 61.) Sec. 5254, G. L. An engineer, fireman or other agent of a railroad who is guilty of negligence or care- lessness, whereby an injury is done to a person or corpora- tion, shall be imprisoned not more than one year or fined not more than one thousand dollars. This section shall not exempt a person or corporation from an action for damages. [* * *; L. 1849, act 41, sec. 60.] (No. 62.) Sec. 5255, G. L. When the property or person of another is injured through the default of a person or corporation owning or operating a railroad, or the agents or employees thereof, the cars, engines and other property, which, at the time of such injury, are subject to use in the running and management of such road, and which have, at any lime, been owned by said person or corporation, shall be held to bo the property of the person or corpora- tion, for the purpose of furnishing indemnity for such injury, and may be attached and levied upon as such at the action of the party injured. [* * *; L. 1855, act 26.] 2 Sec volume of General Laws. ' The preceding sections of this act amended sees. 723, 724, 731, G. L„ to read, respectively, as they arc shown above, on pp. 14, 15. 16 STATE FORESTRY LAWS VERMONT. (No. 63.) Sec. 5256, G. L. A person or corporation owning or operating a railroad shall be responsible in damages for injury to a building or other property caused by fire communicated by a locomotive engine on such road, unless due caution and diligence are used and suitable expedients employed to prevent such injury. Said person or corporation shall have an insurable interest in the prop- erty along its route, and may procure insurance thereon. [* * *, L. 1849, act 41, sees. 61, 62.] (No. 64.) Sec.' 6359, G. L. Said wardens fcounty, fish and game wardens, and deputy fish and game wardens] shall enforce all provisions of this title [ Title 38. Preservation of Fish, Game and Fur-Bearing Animals], and all orders and regulations issued thereunder, and arrest all ■violators thereof. They shall have power, in matters pertaining to this title, to serve criminal process, and power to re- quire aid in enforcing the duties of their office. They shall have the same powers as other informing officers to make and subscribe to complaints or informations for vio- lation.s of provdsions of this title. * * * Said wardens shall, wlule in and about the woods, caution persons of the danger of fires in the woods, and shall extinguish a fire left burning, if within their power. In case of such a fire which is threatening to extend beyond their control, said wardens shall notify all parties interested, when possible, and the forest firewarden of the town in which such fire occurs. Pending the arrival of such firewarden, they shall have all the powers of such firewarden.s. Said fish and game wardens shall render a statement accom- panied by proper vouchers, for time consumed and the expense incurred in respect to such fires, to the treas urer of the town in which the fire occurs, who shall arrange for payment therefor in the manner provided for ^he payment of forest firewardens. [* * *; L. 1910, act 183, sec. 2.] (No. 65.) Sec. 6432, G. L. Whenever, during an open season f . r the taking of game, it appears to the governor that, by reasjn of drouth, the use of firearms in forests is liable to cause forest fire, he may, by proclamation, sus- pend stich open season and make it a cljse season for such time as he may designate. In such proclamation, he may except from the provisions thereof localities not affected by drouth. If, during such period of suspension, it appears to the governor that the necessity theref-.r has ceased to exist, he may, by proclamation, reopen the season so closed;* * * [* * *; L. 1908; act 13, sec. 1.] (No. 66.) Sec. 6433, G. L. During the time which shall be made a close season as pro\dded in the pre- ceding section, the several provisions of law relating to close seasons shall be in force, and a persoti who violates a provision thereof shall be subject to the penalties therein provided. * * * [* * *; L. 1908, act 13, sec. 2.] (No. 67.) Sec. 6434, G. L. Proclamations made imder the pro\'isions of the second preceding sections shall be published in such newspapers of the state and posted in stich places and in such manner as the governor may order in writing. A copy of such pulilication and order, attested Isy the secretary of civil and military affairs, shall be filed with the secretary of state and a like copy shall be furnished to the state fish and game commissioner, who shall attend to the publication and posting thereof. The expenses of such publication and posting shall be paid by said commissioner and allowed liy the auditor of accounts. [* * *; L. 1908, act 13, sec. 3.] (No. 68.) Sec. 6664, G. L. Nothing in this chapter [chapter 2S6 — Mines and Quarries upon Public Lands '] shall authorize a person working a mine or quarry upon such lands [public lands belonging to the people of the State, or lands beneath public waters], to cut or destroy any timber whatever, except such trees as it may be actually neces- sary to remove in order to uncover or make a road to such mine or quarry. For all trees which are cut, the party operating such mine or quarry shall pay into the state treasury, as soon as the amount thereof is determined, such sum as the state forester, in writing filed with the secretary of state, declares to be the value of such trees. Such value in the case of merchantable timber shall, in no instance, be less than five dollars per thousand. [L. 1910, act 171, sec. 4.] (No. 69.) Sec. 6667, G. L. The provisions of this chap- ter [Chapter 2S6 — Mines and Quarries upon Public Lands'] shall not be construed so as to apply to state forests. The commissioner of agriculture is hereby authorized to lease or sell, upon the approval of the auditor of accounts, such mine or quarry sites as may at any time be discovered upon any of the state forests unconditionally owned by the state. All money received by the state under the provis- ions of this chapter shall be used, at the discretion of said commissioner, in the furtherance of the forestry interests of the state. [L. 1917, act 17, sec. 15; L. 1915, act 22, sec. 1.] (No. 70.) Sec. 6856, G. L. A person who willfully and maliciously sets on fire, or causes to be set on fire, woods or forest, so as to occasion injury to another person, shall be imprisoned in the state prison not more than five years or lined not more than five hundred dollars. [* * *; L. 1787, p. 161.] (No. 71.) Sec. 6857, G. L. A person who enters upon lands of another and sets a fire that causes damage, may be imprisoned not more than sixty days nor less than thirty days or fined not more than one hundred dollars nor less than ten dollars. The provisions of this section shall not affect the provisions of the preceding section. * * * [* * *; L. 1908, act 166.J (No. 72.) Sec. 7104, G. L. A state, county, town, village fire district or school district officer who wlfully neglects to perform the duties imposed upon him by law, either express or implied, shall be imprisoned not more than one year or fined not more than one thousand dollars, or both. [* * *: L. 1906, act 190, sec. 1.] (No. 73.) Sec. 7105, G. L. When a duty, express or implied, is imposed by law upon a board or commission. 1 Chapter 280 cnntrcls the operaticn of mines and quarries upcn public lands of the State; the revenues frrm which cnsist cf royalties and the sale of timber therefrtm. (See also, in volume cf General Laws, Seep. (i001-06b3, (,6b5,(i606,| STATE FORESTRY LAWS VERJIOXT. any member thereof may, for any wilful neglect of such duty on his part, be accused, tried and punished separately as proNdded in the preceding section. [* * *; L. 190G, act 190, sec. 2.] (No. 74.) Sec. 7106, G. L. The two preceding sections shall not be construed as affecting any statute p^o^■iding a punishment for any specific neglect or omission of duty on the part of any public officer, nor as covering the offenses penalized by such special provisions of law, nor as affect- ing any offense committed or prosecution begun before the first day of Feliruary, nineteen hundred and seven, under any other statute or the common law. [* * *; L. 1906, act 190, sec. 3.] (No. 75.) Sec. 7340, G. L. The member of the board of control appointed l)y the governor shall receive eight .dollars a day for services rendered, and he shall be paid his necessary expenses when away from home on official business. * * * [L. 1917, act 32, sec. 1.] (No. 76.) Sec. 7352, G. L. The annual salary of the commissioner of agriculture shall be three thousand dol- lars and he shall be paid his necessary expenses when away from home in connection with his duties as commissioner of agriculture, nursery inspector, * * * state forester and * * * [L. 1908, act 11, sec. 6; L. 1917, act 17, ssc. 18.] (No. 77.) Sec. 7394, G. L. The * ♦ « commissioner of agriculture, * * * state forester, * * * in ad- dition to those officers the payment of whose expenses is otherwise provided for by law, shall he supplied with office supplies and stationery necessary for official use; and payment of postage, freight, telephone, telegraph and ex- press charges necessarily made in connection with their official duties shall be allowed in the settlement of their accounts. » * * but the provisions of this sef-tion shall not be interpreted to increase the appropriation made for the support of any office or department of government herein mentioned. ***[** *; L. 1912. act247. seel.] o Date of issue, January 15, 1921. United States Department of Agriculture FOREST SERVICE WILLIAM B. GREELEY, Forester STATE FORESTRY LAWS' INTRODUCED BY CLASSIFIED SYNOPSES CALIFORNIA (SERIAL 1— THROUGH REG. SESS., 1919.) Compiled by Jeannie S. Peyton, under the direction of Lours S. Murphy, Forest Examiner, Eastern Division, Brancli of Forest Management. CONTENTS. Purpose of compilation Synopsis of laws General forestry organization and activities State board of forestry State forester Deputy State forester and assistant State forester State board of control State forest nursery Cooperation Investigation and education Publications Income from sources otber than annual or biennial appro- priations Fire organization and activities State protective organization State board of forestry State forester Deputy State forester and assistant Stale forester District fire rangers Fire wardens National forest officers (supervisors and rangers witliin the State) Patrolmen Special fire rangers Justices of the peace, constables, and road overseers. . Fire-fighting laborers Synopsis of laws— Continued. ] Fire organization and activities— Continued. State protective organization— Continued. State board of control Cooperation Distribution of costs of liie protection Local protective organization Tamalpais forest flre district Various restricted areas in California Compulsory responsibility imposed upon landowners and others for protection of forest lands Public nuisance Brush and slash disposal Kindling fires in the open Locomotive and other engines Landowners' responsibilities Fire and other warning notices Public forests State forests Legal procedure Criminal liability Civil liability Institution of proceedings Disposition of penalties Taxation Text of laws Explanatory notes 22 1 The State Forestry Laws leaflets which have been already published are as follows: No. 1, Wisconsin; No. 2, Louisiana; No. 3, North Carolina; No. 4, Maryland; No. 5, Missouri; No. 6, Texas; No. 7, Virginia; No. 8, Idaho; No. 9, Oregon; No. 10, Wyoming; No. 11, New Jersey (supply e.xliausted); No. 12, (Vashington; No. 13, Indiana; No. 14, Minnesota; No. 15, Montana; No. 16, Illinois; No. 17, Ohio; No. IS, Connecticut; No. 19, Massacluisetts; No. 20, New Hampshire; No. 21, Colorado; No. 22, West Virginia; No. 23, New York; No. 24, Vermont. Requests for leaflets should always identify tlic particular ones desired by giving their respective numbers, as here indicated, in addition to mentioning the names ol the States. The laws of other States, so far as they have been compiled, are available only for loan, through the Forest Service Library, Wash- ington, D.C. Whenever this leaflet or any othcrcomprising a part of this compilation of State Forestry Laws is reprinted for local use, please append thereto the following; Note.— This arrangement of the Forestry Laws of is reprinted from State Forestry Laws, compiled and issued in leaflet form by the Forest Service, U. S. Department of Agriculture. Similar leaflets for other States, so far as available, and information con - cernlng forestry lawsgenerally will be furnished upon request addressed to The Forester, Forest Service, Washington, D. C. 11974-21 1 STATE FORESTRY LAWS CALIFORNIA. ^i^i^ PURPOSE OF COMPILATION. The compilation of State Forestry Laws, of wliich this leaflet is a part, aims to meet a manifest need of the times for a work of reference by means of which the basic legislation under- lying forestry administration in the several States, and the various activities thereunder, may readily be studied and compared. To facihtate this purpose of comparing the legislation of one State with another, the Synopses introducing the laws in the several leaflets are classified and arranged to take up in a definite order the various subjects usually covered in such legislation. To further extend tliis educational purpose, only such of the State laws as bear more or less directly upon the practice of forestry are here compiled, to the exclusion of all other timber and tree laws, all forest-insect and fungus-control laws, except general provisions, and all transitory provisions of law, including those concerning annual or biennial appropri- ations. For the same reason, those finer points of reference proper only to a legal or adminis- trative manual have also been omitted. Succeeding issues of each State leaflet, to form a sepa- rate series for each State, will serve to keep these fundamental laws up to date and free from encumbrance by obsolete provisions. SYNOPSIS OF LAWS. GENERAL FORESTRY ORGANIZATION AND ACTIVITIES. Slate Board of Forestry. Is appointed by the governor, and consists of the State forester, who is a technically trained forester (No. 2), and four additional members, one of whom is familiar with the timlier industry, one -ivith the live stock industry, one with the grain and hay industry, and one who is a member at large; none of whom receives compensation, except the State forester, but each is reimbursed for actual traveling expenses. No. 1. {See also note 1, on p. 22.) Prescribes rules and regulations for its government. No. 1. Meets at such times and places as it sees fit. No. 1 . Supervises and directs all matters of State forest policy, management and protection. No. L Directs disposal of the forestry fund for purposes of forest protection, management and replacement. No. 20. State Forester. Is a technically trained forester, certified to by either the Secretary of the United States Department of Agriculture or the Department of Forestry of the State University, and is appointed by the governor. No. 2. Holds ofiBce at the pleasure of the go^'ernor. No. 2. Receives a salary of $3,000 per aimum. No. 22. Is paid traveling and field expenses. No. 2. Maintains headquarters at the State capitol. No. 2. Is a member of and acts as secretary to, and executive officer of, the State board of forestry. No. 2. Appoints the deputy and assistant foresters, and assigns them duties, under approval of the board. No. 22. Manages the State forest nursery; and purchases and dis- tributes, at cost, nursery stock and seed, for public plant- ing and reforestation. Nos. 23; 24. Cooperates: With counties and municipalities, under approval of the State board of control {see note 2, par. 4, on p. 22) whenever they appropriate for the protection and forest management of any lands over which they have jurisdiction, or for reforestation or afforestation on lands therein, under agreements, based on such terms as the State forester may deem ad\isable. No. 39 (6). With counties, towns, corporations, and individuals, without approval of the board of control {see note 2, par. 4, on p. 22), in preparing plans for the protection, management and replacement of trees, woodlots, and timber tracts, under agreement that the parties assisted pay at least the field expenses of the men who prepare the plans. No. 4. Publishes and distributes: Forestry data. No. 2. Abstracts of State fore.st laws with rules and regula- tions and list of firewardens, under approval of the State board of forestry. No. 5. Furnishes to firewardens notices for posting, calling atten- tion to forest trespass and fire laws, and their penalties. No. 5. Makes report and recommendations, annually. No. 2. LIBRARY OF /CONGRESS STATE FORESTRY LAWS CALIFORNIA. Deputy State Forester and Assistant State Forester. Are appointed by the State forester, at the respective salaries of $2,400 and .$1,G00. No. 22. deceive traveling and field expenees. No. 2. Act under direction of the State forester. No. 7. Deputy forester also exercises powers and duties of the State forester when necessarj*. No. 22. State Board of Control. {See note 12, on p. 23.) .\ppro\es cooperative agreements by the State forcsl(M with counties and municipalities concerning fore.station, reforestation, protection, and general forest management. .\"o. 39 (;-). State Forest Nursery. Sjipplies nursery stock for reforesting p\iblic lands, jilant- ing of trees along public streets and highways, and the beautifj-ing of parks and school grounds. No. 23. Is located upon State land. Nos. 23; 25. Is managed by the State forester. Nos. 23; 24. Has the benefit of a continuing appropriation of .$14,000, until expended. No. 26. Cooperation. Is authorized: With counties and municipalities, under approval of the State board of control {see note 2, par. 4, on p. 22) whenever they appropriate for the protection and forest management of any lands over which they have jurisdiction, or for reforestation or afforestation on lands therein, under agreements, based on such terms as the State forester may deem ad\Tsable. No. 39 (6). With counties, towns, corporations, and individuals, without approval of the board of control {see note 2, par. 4, on p. 22) in preparing plans for the protection, management, and replacement of trees, woodlots, and timber tracts, under agreement that the parties assisted pay at least the field expenses of the men who prepare the plans. No. 4. Note. — County boards of supervisons are empowered to make appropriations for the purpose of aiding the State and Federal authorities in forestry work. Nos. 21; 56- Investigation and Education. Are promoted by the collection and publication of forestry data. Nos. 2; 5. Publications. Are issued by the State forester in the form: Of ipdividual publications furnishing such informa- tion concerning forestry as he may deem advisable. No. 2. Of annual reports to the governor, on the progress and condition of State forest work, recommending plans for impro^^ng the State system of forest protection, management, and replacement. No. 2. Of an abstract of State forest laws with rules and regulations, and list of fire wardens, under approval of the board. No. 5. Of fire and other warning notices. No. 5. Income from Sources Other Than Annual or Biennial Appropriations. {See note 4, on p. 22.) Is derived from: The forestry fund (created by moneys received as penalties under ch. 264, L. 1905). No. 20. A continuing appropriation of $14,000 for State forest nurser\- work, until expended. No. 26. A continuing appropriation of $25,000 for forest fire prevention and suppression, until expended. No. 47. FIRE ORGANIZATION AND ACTIVITIES. STATE PROTECTIVE ORGANIZ.\TION. State Board of Forestry. Organizes and directs operation of the fire-protectivi system, by and through the State forester, as follows: Makes and enforces rules and regulations therefoi No. 38. Divides the State into the necessary number of fire districts. No. 38. Appoints district fire rangers. No. 38. Provides necessary implements and apparatus for fire prevention and fire fighting. No. 38. Organizes fire companies. No. 38. Establishes obsers'ation stations in fire districts, and employs attendants. No. 38. Constnicts and maintains telephone lines and provides other needed means of communication. No. 38. Approves: • Rules by the State forester for the deputy forester and assistant forester. No. 7. Abstract of State forest laws, and list of firewardens published by the State forester. No. 5. Prescribes rules and regulations for burning brush, slash, stumps, grass, etc., on lands other than lands within mu- nicipalities. No. 57 (3), (7). Abates public nuisances resulting from failure of owners to properly protect forest land. No. 19. State Forester. Takes required action, under supervision of the board, to prevent and extinguish forest, brush, and grass fires. No. 2. STATE FOEESTRY LAWS — CALIFORNIA. Organizes and directs operation of the fire-protective system, and enforces the rules and regulations of the board. Nos. 38-44. {See also No. 57, {3), (7), concerning regula- tions governing fires in the open.) Divides the State into the necessary number of fire dis- tricts, Nos. 6; 38 (h); and appoints a district fire ranger for each district. No. 38 (c). Creates a separate fire district, consisting of any county or combination of less than four counties, upon request therefor from the county board or boards of supervisors, and on the condition that such special fire district shall pay the cost of maintaining its district firewardens. No. 6. (See also note 2, par. 4, on p. 22.) Appoints, as voluntary firewardens, in such number and localities as he deems advisaljle, public-spirited citizens, and also the supervisors and rangers on the National Forests within the State, whenever they formally accept the duties and responsibilities of the position. No. 8. Investigates and prosecutes paid firewardens when they fail to perform their duties. No. 9. Establishes a fire patrol: Upon his own initiative, thi'ough the firewardens and at the expense of the county, in times of particular fire danger, and at such places in brush or forest land as the public interest may require. No. 11. Upon written request by counties, corporations, or individuals, on their forest lands, and at their expense. No. 11. Designates privately maintained patrolmen as special fire rangers, with all the rights and powers of district fire rangers. No. 40; and "District Fire Rangers," on p. 5. Provides necessary implements and apparatus for fire pre- vention and fire fighting. No. 38. Organizes fire companies. No. 38. Establishes observation stations in fire districts, and em- ploys attendants. No. 38. Constructs and maintains telephone lines and provides other needed means of communication. No. 38. Takes required action to abate public nuisances caused bj failure of owners to adequately protect forest lands. No. 19. Impresses assistance for fire fighting, and axithorizes dis- trict fire rangers, special fire rangers, and voluntary fire- wardens to take such action. No. 41. Sets backfires, without permission from the owner, on lands other than those within any municipal corporation. No. 57 (1), (7). {See also Nos. U; 16.) Enforces laws pertaining to forest and brush-covered lands, and prosecutes violators thereof. No. 2. Has powers of a peace officer to make arrests without warrant for violations of any State or Federal forest laws under the provisions in section 9, chapter 264, Laws 1905 (No. 9); and has the same powers under section 5, chapter 176, Laws 1919, for violations of any State, county, or Federal fire laws. No. 42. {See also note 2, par. S, on. p. 22.) Is not liable to civil action for trespass committed in the discharge of his duties. No. 42. Requests action against district attorneys who fail to prosecute offenders for violation of the provisions in chapter 264, Laws 1905. No. 12. Cooperates in fire protection operations: Upon a basis of mutual expenditures — With the Federal Government. Nos. 39 {a); 47. With counties and municipalities, whenever they appropriate for such work on any lands therein, or over which they have jurisdiction. Nos. 39 (6); 47. With persons, firms, associations, and corporations. Nos. 39(c); 47. With owners of land, or any organization, when they maintain, under cooperative agreements, a forest fire patrol designated by the State forester as special forest ranger. Nos. 40; 39; 47. With various agencies for work in certain limited areas upon condition of advance deposits by the col- laborating parties. Nos. 48; 49; 50; 51. Note. — Cooperation in all of the above cases is required to be under approval of the State board of control, as shown in the note under the heading, "Cooperation," on p. 7. Without cost to the State — With counties, by creatiug a separate fire district consisting of any county or combination of less than four counties, upon request therefor from the county or counties, and on condition that such special fire district shall pay the cost of maintaining its district firewardens. No. 6. {See also note 2, par. 4, on p. 22.) With counties and private agencies by the appoint- ment of citizens to act as voluntary firewardens under his direction, and to receive payment for their serv- ices from such counties or private sources. No. 8. {See also note. 2, par. 4, on p. 22.) With counties, corporations, and individuals, by establishing a fire patrol on their forest lands, upon their request, and at their expense. No. 11. {See also note 'J, par. -j, on p. 22.) With counties, towns, corporations, and individuals in preparing plans for the protection of trees, woodlots, and timber tracts at their cost as regards, at least, field expenses. No. 4. {See also note'J, par. 4, on p. 22.) With owners of land, or any organization, when they maintain, wholly at their expense, a forest fire patrol- man, designated by the State forester as special fire ranger. No. 40. STATE FORESTRY LAWS — CALIFORNIA. J''iirnislies forest fire notices, and notices of forest fire and trespass laws. No. 5. Pnblislies and distributes abstract of State forest laws with rules and regtilations and list of firewardens, under ai)proval of the State board of forestry. No. 5. Deputy State Forester and Assistant' State Forester. Act under direction of the State forester. No. 7. Take prompt measures to prevent and extinguish forest fires, and keep records thereof. No. 7. Impress assistance for fire fighting; and authorize district fire rangers, special fire rangers, and vohintary fire- wardens to take such action. No. 41. Set backfires, without permission from the owner, on lands other tlian lands witliin any municipal corporation. Nos. 57 (1), (7); 14; 16. Perform such other duties as may be directed by the State forester. No. 7. Have powers of peace officers to make arrests for violation of any State, county, or Federal fire laws. No. 42. (See also note 2, par. 3, on p. 22.) .\re not liable to civil action for trespass committed in the discharge of their duties. No. 42. Deputy forester also exercises powers and duties of the State forester when necessary. No. 22. District Fire Rangers. Are appointed by the board, one for each fire district, to serve during the seasons when fires are liable to occur. No. 38. Receive a salary of not to exceed .?1.50 per month, and nec- essary expenses. No. 38. Have charge, under direction of the State forester, of the fire-fighting sei-vice and men in their respective districts. No. 38. Prevent and extinguish forest fires in their respective districts, and perform such other duties as may bo required by the State forester. No. 38. Impress assistance for fire fighting, under authority from the State forester, deputy or assistant State forester. No. 41. Set backfires, without permission from the owner, on lands other than lands within any municipal corporation. No. 57 (1), (7.) {See also Nos. 14; 16.) Have powers of peace officers to arrest, without warrant, \-iolators of State, county, pr Federal fire laws. No. 42. {See also note 2, par. .3, on p. 22.) Are not liable to civil action for trespass committed in the discharge of their duties. No. 42. Firewardens. Voluntary firewardens — Are appointed by the State forester. No. 8. Receive compensation from counties or private sources. No. 8. Are under the immediate dirctrtion of the several district fire rangers. No. 38 («■). Take prompt action to extinguish fires. Xo. 8. Have authority under the law to call upon citizens, between ages of 10 and 50 years, to assist in extinguish- ing fires {see note 2, par. 1, on p. 22). No. 10; and are also aiithorized by the State forester, and the deputy and assistiint State foresters to impn^ss ;i.ssistance for such purpose. No. 41. Sot backfires, wdthout permission from the owner, on lands other than those within any municipal corporation. No. .57 (1), (7). {See also Nos. 14: 16.) Serve as fire patrol under direction of the State forester. No. 11. Report all fires, and violations of forest laws, and assist in apprehending and convicting offenders. Nos. 8; 9. Ha^'c powers of peace officers to make arrests without warrant for violations of any State or Federal forest laws under the proN^isions in section 9, chapter 264, Laws of 1905. No. 9. {See also note 2, par. .1, on p. 22.) Are not liable to ci\dl action for trespass committed in the discharge of their duties. No. 9. Issue permits for burning brush, slash, etc.. or for blasting or setting off fireworks, on lands other than lands within nuinicipalities. No. 57 (3), (7). {See also Nos. 16; IS; and note 11, on p. 23.) Serve notices under brush and slash disposal require- ments. No. 19. Post forest-fire notices, and notices of forest-fire and tres- pass laws. No. 5. Perform such other duties as the State forester may direct. No. 8. Are subject, when serving as paid firewardens, to criminu prosecution for failure to perform duties prescribed in chapter 264, Laws 1905, and to a fine of not less than §20, nor more than $250, or imprisonment for not less than 10 days nor more than three months, or both such fine and imprisonment (No. 9); which fines go into the State treas- ury to the credit of the forestry fund. No. 20. District firewardens — Note. — No provision concerning authority or duties of such officers appears to have been made otlier than that "such special district [a district treated upon re- quest of a county or a combination of less than four counties] shall pay the cost of maintaining its district fire wardens." No. 6. STATE FORESTRY LAWS — CALIFORNIA. Deputy fireuardeiis and special Jimvmdens — Note. — Km provision concerning the authority or duties of such ofiiccrs appears to liave been made other than that the service of notices under the brush and slash dispos''.! requirements may be made by "any firewarden, dcputv firewarden or special firewarden." No. 19. National Forest Officers (Supervisors and Rangers within the State). Are given State jiolicc powers thi'ougli appointment as voluntary firewardens by the State forester; and, as such have all the powers given to firewardens by the act con- tained in chajiter 264, Laws 1905. No. 8. Patrolmen. Are firewardens, selected by the State forester to do patrol duty, in tunes and localities of particular fire danger, at the expense of th.e county. No. 11. Are also assigned for such duty by the State forester, upon receipt of written request from counties, corporations, or individuals, for patrol on their forest land, at their expense. No. 11. May be designated special fire rangers, by the State fores- ter, when maintained by landowners or organizations, and be given the rights and powers of district fire rangers as regards their patrol areas and adjacent lands; and, as such, they are paid either wholly by such owners or organiza- tions, or under cooperative agreements between such parties and the State forester. No. 40; and "District Fire ers," on p. 5. Special Fire Rangers. Patrolmen may be so designated by the State forester when privately maintained, by owners of lands, or any organiza- tion, as fire patrolmen. No. 40. Are given all the rights and powera of district fire rangers as regards their patrol areas and adjacent. lands. No. 40; and "District Fire Rangers," on p. 5. Are paid either wholly by the parties emplojing them, or under cooperative agreement between such parties and the State forester. No. 40. Justices of the Peace, Constables, and Road Overseers. Order citizens to assist in extinguishing fires. No. 55. Set backfires, without permission from the owner, on lands other than those within any municipal corporation. No. 57 (1), (7). {See also Nos. U; 16.) Fire-Fighting Laborers. Are impressed : By the State forester, and deputy and assistant State foresters, and also by district fire rangers, special fire rangers and voluntary firewardens, under authority from said administrative officers; subject, in case of failure to comply with summons, to a penalty of a fine of not less than S.50, nor more than f500, and, in event of refusal to pay such fine, imprisonment in the county jail for a period of not to exceed one day for every $2 of the fine imposed, or to both such fine and imprison- ment. Nos. 41 ; 44. By firewardens, in the exercise of their a\ithority as such oIKcors; in which event, refusal to comply with such summons, without good and sufficient reasons, subjects the offender to a fine of not less than $10, nor more than $500, or imprisonment in the county jail for not less than 15 days, nor more than (j months, cr to both such fine and imprisonment. {See note 2, par. 1, on p. Z2.) Nos. 10; 57, penalty clause, (5). {See also note 6 on p. 22.) By justices of the peace, constables, and road o\ci seers. No. 55. {See also note 6 on p. 22.) Receive compensation at the rate of 25 cents per hour ( l service actually rendered, in response to summons from the State forester, or deputy or assistant State forester, or from a district fire ranger, special fire ranger, or volun- tary firewarden, under authority from an / one of said administrative officers. No. 41. (Sec also note ii on p. 22.) Set backfires, without permission from Ihe owner, ou lands other than thosa witliin any muni'-iji.il cori)oration . No. 57 (1), (7)'. {See also Nos. U; 16.) State Board of Control. {See note 12, on p. 23.) Approves cooperative atcroements by the Stxte forester for forest fire protection work, under certain conditions, and also makes contracts direct for such work, in various localities, ns shown under the heading, "Cooperation." {See immediately below.) Cooperation. Is authorized: By the State forester. Upon a basis of mutual expenditures — With the Federal Government for maintaining a patrol system for the prevention and suppression of fires upon timber, brush, grass, or other lands containing inflammable material. Nos. 39 (a); 47. With counties and municipalities whenever they ap- propriate for the prevention or suppression of forest fires on any lands therein or over which they have jurisdiction. Nos. 39 (6); 47. With persons, firms, associations, and corporations, owning or controlling forest, brush, grass, or grain lands, for the prevention and suppression of forest fij-es. Nos. 39 (c); 47. . With owners of lauds, or any organization, when they maintain, under agreenrent, a forest fire patrol, desig- nated by the State forester as special fire ranger. Nos. 40; "39; 47. STATE FORESTRY LAWS — CALIFORNIA. With the San Dimas Fruit Exchange, the county o( Los Angeles, or any individual or corporation, or any or all of them, for prevention and extinguishment of forest fires, and constructing and maintaining fire trails and fire breaks in the San Diraas Canyon in the San Gabriel Moiuitains, ("alif., and adjacent canyons. Nos. 48; 49. With tlic Azus-.i and ('i.vina Irrig-ation conipanics, •the county of L>os Angeles, or any individual, or corporation, or any or all of tlieui, for ]>revention and cxtinguisliment of forest fires, and conslrucling and maintaining fire trails and fire breaks in the San Gabriel Canyon in the San Gabriel Mountains, Calif., and the mountains adjacent thereto. Nos. 50; 51. NoTK. — Since the coojieration contemplated in all of the above cases involves the paying out of money by the State for pvirposes other than tlie fixed operat- ing charges of the State forester's department, ap- proval of the agreements by the State board of con- trol is requisite. See also the specific provision made to this end in Laws 1919, chapter 176, section 2 (No. 39), and in Laws 1919, chapter 414 (No. 47). Cooperation in all cases under the two last pro- A-isions, above (Nos. 48; 49, and 69; 51), is further conditioned upon advance deposits, in the State treasury by the collaborating parties, of amounts equaling the State's contributions. ll')//iou( cost to the Stale — AVitli counties, by creating a separate fire district containing any county or combination of less than four counties, upon request therefor from the county or counties, and on condition that such special fire district shall pay the cost of maintaining its district firewardens. No. 6. (Sec also note 2, par. 4, on p. 22.) With counties and private agencies by the appoint- ment of citizens to act as voluntary fire wardens under the direction of the State forester, and to receive payment for their services from such counties or private sources. Ko. 8. {See also note 2, par. 4, on p. 22.) With counties, corporations, and individuals, by establishing a fire patrol on their forest lands, upon their request, and at their expense. No. 11. (See also no'.e 2, par. 4, on p. 22.) With counties, towns, corporations, and indi\'iduals in preparing plans for the protection of trees, woodlots, and timber tracts, at their cost as regards at least field expenses. No. 4. (See also note 2, par, 4, on p. 22.) With owners of lands, or any organization, when they maintain, wholly at their own expense, a forest fire patrol designated by the State forester as special fire ranger. No. 40. (See also note 2, par. 4, on p. 22.) By the State board of control (see note 12 on p. 2J). With tbe Federal Government, for constructing and maintaining fire lanes and fire trails to protect the watershed of the San Bernardino Mountains, Calif. Nos. 53; 54. With the San Antonio Fruit Exchange, in connection with the San Antonio Water Co. and the counties of San Bernardino and Lf)s Angeles, for preventing forest fires, and the construction and maintaining of fire trails and fire breaks in the San Antonio Canyon, in the San Gabriel Mountains, Calif., and the canyons adjacent thereto. Nos. 45; 46. With the public corporation known as the Tamalpais forest fire district, in Marin ('ounty, for the purpose of preventing forest fires and the construction and main- tenance of fire trails and fire breaks within that dis- trict. No. 52. Distribution of Costs of Fire Protection. Federal Government pays its proportionate share for i)ro- tective operations, under cooperative agreenu^nts with (he State. Nos. 39 (o); 47; 53 and 54. State pays its proportionate share for protective operations under cooperative agreements: With the Federal Government. Nos. 39 (a); 47; 53 and 54. With counties, mimicipalities, persons, firms, associa- tions, and corporations. Nos. 39 (fc) (c); 47; 45 and 46; 48 and 49; 50 and 51; 52. Municipalities pay a proportionate share for protective operations under cooperative agreements with the State. Nos. 39 (6); 47. Counties pay: A proportionate share for protective operations under cooperative agi'eements with the State. Nos. 39 (b); 47; 45 and 46; 48 and 49; 50 and 51. The cost of fire patrol maintained by the State forester. No. 11. Voluntary firewardens for services rendered in their interests. No. 8. District firewardens of duly constituted special fire districts. No. 6. (See also note 2, par. 4, on p. 22.) Note. — County boards of supervisors are empow- ered to make appropriations, annually, for the purpose of protecting the forest, brush, and grass lands within their respective counties. Nos. 21; 56. Persons, firms, associations, and corporations pay: A proportionate share for protective operations, under cooperative agreements OTth the State. No. 39 (c); 47; 45 and 46; 48 and 49; 50 and 51 ; 52. The cost of fire patrol established by the State for- ester. No. 11. Voluntary firewardens for ser\-ices rendered in their interest. No. 8. Costs incurred by the State in abating public nuisances caused by failure on their part to properly clean-up forest lands owned by them. No. 19. STATE FOJ^ESTRY LAWS CALIFORNIA. LOCAL PROTECTIVE ORGANIZATION. Tamalpais Forest Fire District. Is established in Marin County and boundaries defined. No. 27. May be enlarge through required action being taken by its board of trustees. No. 33. May be reduced in area through required acting being taken by the board of super\'isors of the county. No. 33. May be abolished upon the vote of two-thiids of the qualified electors thereof, at an election called either b> its board of trustees, or by petition of 25 per cent of the registered voters therein. No. 34. Is financed by contributions from the State and such of its political corporations as may be landholders therein, and by a property tax. Nos. 31; 32. Is governed by a board of trustees, the members of which are appointed: One from the district at large, by the county super\'isors, and one from each of the municipal- ities in the district, by the governing boards thereof (see note 7 on p. 23); and serve terms of two years each without compensation, but are allowed traveling expenses (Nos. 28; 29); which board: Provides for meetings and establishes rules for its proceedings. No. 29. Takes necessary action for prevention and extinguish- ment of forest, brush, and grass fires within the district. No. 30. Purchases supplies and materials and employs such labor or skilled service as may be needed therefor. No. 30. Constructs, maintains, and keeps clear necessary fire roads or trails and maintains hydrant or other fire-fighting apparatus within or adjacent to the district. No. 30. Acquires by purchase, condenmation, or otherwise, in the name of the district, needed lands, rights of way, easements, or property or material. No. 30. Makes contracts to indemnify owners for causing in- jury to their property; and, generally, to take such fur- ther action as may be incident to its powers. No. 30. Procures and accepts, annually or otherwise, pro- posals as to the amount to be contributed by the State and such political corporations as may be inter- ested landholders therein, in consideration of the payments thereunder binding the board by dii'ect contract to take over the supervision and concurrent control of the lands held by each, so far as concerns fire-protection work. No. 32. (See also note 8 on Furnishes annually to the super^dsors and auditor of Marin County, an estimate as to the amount of money needed for the district during the next fiscal year. No. 31. Issues warrants for withdrawal, from the county treasury, of funds needed for the district. No. 31. Takes necessary steps to include additional lands in the district upon receipt of a written petition therefor. No. 33. Calls an election for the purpose of determining the advisability of abolishing the district. No. 34. Note.— In the event of any portion of the act which contains the above provisions (ch. 560, L. 1917) being declared unconstitutional, such action would not affect the validity of the remaining portions of the act. No. 37. Various Restricted Areas in California. Are protected by either local agencies or the Federal government in cooperation with the State, which local- ities are as follows : The San Antonio Canyon in the San Gabriel Moun- tams, Calif., and the canyons adjacent thereto. Nos. 45; 46. The San Dimas Canyon in the San Gabriel Mountaias, Calif., and the canyons adjacent thereto. Nos. 48; 49. The San Gabriel Canyon, in the San Gabriel Moun- tains, Calif., and the mountains adjacent thereto. Nos. 50; 51. The watershed of the San Bernardino Mountains, in California. Nos. 53; 54. COMPULSORY RESPONSIBILITY IMPOSED UPON LANDOWN- ERS AND OTHERS FOR PROTECTION OF FOREST LANDS. Public Nuisance. Inadequately protected forest areas which are covered, wholly or in part, with inflammable debris, and are so located as to endanger life or property, are declared by law a public nuisance, and the board is required: To notify owners of forest areas of proposed inspection thereof to ascertain existing conditions. No. 19. To make inspection;, in which the owners are per- mitted to participate. No. 19. To notify owners to abate nuisances. No. 19. To take required action to abate the same, in event of failure of owner to do so. No. 19. To file claim for reimbursement of the State for all costs incurred in abating nuisances; which costs con- stitute a lien on the land, and are recovered through enforcement procedure. No. 19. STATE FOKESTRY LAWS CALIFORNIA. Brush and Slash Disposal. Is required to be accompanieil witli proper precautions to prevent the escape of tire, whenever it is effected by means of burning. Nos. 16; 57, penalty clause (3), (7). In compulsory to whatever extent the "Public Nuisance" provision (above) is enforced in connection with such di^bris. No. 19. Kindling Fires in the Open. The following act.s are prohibited on lands other than lands within any municipal corporation; Setting fire to any forest, brush, or other inflammable vegetation on lands of another ^^■ithout permission of the owner, back-firing e.xcepted. No. 57, penalty clause, (1), (7). {See also Nos. 14; IG.) Allowing fire to escape from control, or to spread to lands of another. No. 57, penalty clause, (2), (7). (See also No. l-l.) Biu-ning brush, stumps, logs, rubbish, fal'en timbers, fallows, grass or stubble, or blasting or setting off fireworks, whether on one's own land or that of an- other, without taking proper precautions to pre'vent the escape of fire. No. 57, penalty clause, (3), (7). (See also No. 16.) Lea\'ing camp fires burning or allowing them to spread. No. 57, penalty clause, (6), (7). (See also No. 15.) Willful or negligent violation of the above restrictions in No. 57 subjects the offender to criminal prosecution, and is punishable by a fine of not less than $50, nor more than $500, or imprisonment for not less than 15 days, nor more than 6 months, or both such fine and imprisonment; all of which fines go to the county. No. 57, penalty clause. Note. — The above requirements in No. 57 ( Penal Code, sec. 384) are, to a certain extent, similar to certain of the requirements previously enacted in sections 14; 15; 10, chapter 2fi4. Laws 1905 (see jVos. 14; IS; 16). The attorney general for California is, however, of the opinion that the later reenactment (Penal Code, sec. 384) does not repeal said earlier one, but that, should any cases arise which are not covered by both enactments, the one under which they fall would be operative and may be applied; and that, "In cases to which both enactments might equally apply the latter enactment and the penalty imposed thereby would, of course, prevail." (See note 2, par. 2, on p. 22.) Injury or destruction of property through such fires sub- jects the offender to civil action also, as follows: For double damages when the fires are the result of willfulness, malice, or negligence. No. 18. For actual injury sustained, determined by the value of the property injured, or destroyed, and the detriment to the land and vegetation, when tires are caused, or escape accidentally. No. 18. For costs of fire fighting, in all cases. No. 18. 11974—21 2 Locomotive and Other P^ngincs. .\re required: To use fire-protective devices on smokestacks, ash pans, fire boxes, and other parts, when operated in or near forest, brush, grass, grain, or atiibble lands, other than lands within any municipal corporation, and to take all reasonable precautions to prevent causing fires. No. 57, penalty clause, (4), (7). (See also No. 17.) To keep ready for use (when operating on lands other than lands within any municipal corporation) on each combined harvester, header, or stationary threshing machine, or hay press, two suitable chemical fire extinguishers, approved by the underwriters' labora- tories. No. 57, penalty clause, (4a), (7). (See also No. 17.) To maintain an effective spark-arresting anter, shall receive no compensation for their serv- ices, but shall be paid actual tra\eling expenses which may be incm-red in the performance of their official duties, which shall be paid out of the fund appropriated for the support of the state board of forestry. [L. 1905, ch. 264, sec. 1; L. 1919, ch. 544, sec. l=Supp. 1917-1919 to Codes and Gen. Laws (Deering), act 1216, sec. 1.] No. 2. There shall be a state forester, who shall be a c\\i\ executive officer, and who shall be a technically trained forester, appointed by the governor to hold office at the pleasure of the appointing power: and whether any can- didate for the position is a technically trained forester shall be determined by certificate from the Secretary of the United States Department of Agriculture, or from the Department of Forestry of the State University after such department is established. * * * He shall main- tain headquarters at the state capitol in an office provided by the secretary of state, and shall be allowed necessary office and contingent expenses. He and his assistants shall be paid reasonable traveling and field expenses which may be incurred in the necessary performance of their official duties. He shall act as secretary of the state board of for- estry. He shall, under the supervision of the state board of forestry, execute all matters pertaining to forestry ^vithin the jiu-isdiction of the state ; have charge of all tire wardens in the state, and direct and aid them in their duties; direct the protection and improvement of state parks and forests; collect data relative to forest destruction and conditions; take such action as is authorized by law to prevent and extinguish forest, brush, and grass fires; enforce all laws pertaining to forest and brush-covered land, and prosecute for any \iolation of such laws; cooperate with land owners, as described in section 4 of this act; and publish from time to time such information of forestry as he may deem wise. He shall prepare annually a report to the governor on. the progress and condition of state forest work, and recommend therein plans for impro\'ing the state system of forest protection, management, and replacement. [L. 1905, ch. 264, sec. 2=Gen. Laws 1915 (Deering), act 1216, sec. 2.] Note.- The pro\'isions which are omitted in the abo\e section concerned the salary of the State forester ami the appointment and salaries of two assistant for- esters, whach pro\dsions have been repealed, in effect, bv chapter 393, Laws 1909 (since amended bv ch. 238, L. 1917). {See No. 22.) No. 3. The California Redwood Park and the Mt. Ham- ilton tract, together with all moneys heretofore or here- after appropriated for the purchase of land for or care of said parks, tracts and stations, shall be in charge of the state board of forestry, said board to take the place of and forthwith shall have all the powers and duties now possessed in accordance with law by persons or commis- sions with regard to the state parks, tracts of land, and forest stations mentioned in this act, and also any forest or brush land which may hereafter become state property, or be placed definitely in the care of the state; and it is hereby further enacted that, if the government of the United States or any individual or corporation shall, at any time, donate or entrust to the Stale of California, for state park or state forest reserve purposes, any tract or tracts of wholly or partially wooded land, such tract or 12 STATE FOEESTKY LAWS CALIFORNIA. tracts of land shall be administered at the expense of the state, as pro\-ided by law. [L. 1905, ch. 264, sec. 3= Gen. Laws 1015 (Deeriiig), act 1216, sec. 3.] (See also note 9, on p. 23.) No. 4. The state forester shall, upon request and when- ever he deems it essential to the best interests of the people and the state, cooperate with counties, towns, cor- porations, and individuals in preparing plans for the protection, management and replacement of trees, wood- lots and timber tracts, on consideration and under an- agreement that the parties obtaining such assistance pay at least the field expenses of the men employed in pre- paring said plans. [L. 1905, ch. 264, sec. 4=Gen. Laws 1915 (Deering), act 1216, sec. 4.] No. 5. The state forester shall prepare and print for public distribution an abstract of all the forest laws of California, together with such rules and regidations in accord therewith as he may deem necessary, and shall annually print and distribute a list of all fire wardens with their addresses, all such matter to be published with the approval of the state board of forestry. He shall also furnish notices, printed in large letters on cloth, calling attention to the danger from forest fires and to forest fire and trespass laws and their penalties. Such notices shall be posted by the fire wardens in conspicuous places along every highway in brush and forest-covered country, at frequent intervals along streams and lakes frequented Vjy tourists, hunters or fishermen, at established camping sites, and in every post-office in the forested region. [L. 1905, ch. 264, sec. 5=Gen. Laws 1915 (Deering), act 1216, sec. 5.] No. 6. The state forester shall divide the state into such number of fire districts as shall be deemed by him most necessary to the efficiency of his work; and, further- more, any county, or combination of less than four counties, shall be made a separate fire district, upon request of the county board or boards of supervisor's, in which case such special fire district shall pay the cost of maintaining its district fire warden. [L. 1905, ch. 264, sec. 6=Gen. Laws 1915 (Deering), act 1216, sec. 6.1 {See also No. 38, and note 2, par. 4, on p. 22.) No. 7. The duties of the assistant foresters [deputy forester and assistant forester] shall be to devote their entii'e time to state forest interests according to rules and direc- tions to be determined by the state forester, with the approval of the state board of forestry. They shall take prompt measures to prevent and extinguish forest fires; keep a record of the cause, extent and damage of all forest fires in their respective districts, and perform such other duties as the state forester may direct. [L. 1905, ch. 264, sec. 7=Gen. Laws 1915 (Deering), act 1216, sec. 7.] No. 8. The state forester shall appoint, in such number and localities as he deems wise, public-spirited citizens to act as voluntary fire-wardens, who may receive payment for their services from the counties or from private sources. They shall promptly report all fires and take immediate and active steps toward their extinguishment, report any violation of the forest laws, assist in apprehending and convicting offenders, and perform such other duties as the state forester may direct. The super\isors and rangers on the federal forest reserve[s] within the state, whenever they formally accept the duties and responsibilities of fire-wardens, may be appointed as voluntary fire-wardens, and shall have all the powers given to fire-wardens by this act. [L. 1905, ch. 2G4, sec. 8=Gen. Laws 1915 (Deer- ing), act 1216, sec. 8.] No. 9. The state forester and all fire wardens shall have the powers of peace ofi.cers to make arrests without war- rant, for violations of any state or federal forest laws, and no fire warden shall be liable to ci^■il action for trespass committed in the discharge of his duties. Any fire warden who has information which would show, with reasonable certainty that any person had violated any provision of such forest laws, shall immediately take action against the offender, either by using his own powers as a peace officer or by making complaint before the proper magistrate, or by information to the proper district attorne}% and shall obtain all possible evidence pertaining thereto. Failure on the part of any paid fire warden to comply with the duties prescribed by this act shall be a misdemeanor, and punishable by a fine of not less than twenty dollars, nor more than two hundred and fifty dollars, or imprison- ment for not less than ten days nor more than three months, or both such fine and imprisonment, and the state forester is hereby authorized to investigate and prosecute such viola- tions. [L. 1905, ch. 264, sec. 9=Gen. Laws 1915 (Deering), act 1216, sec. 9.] (See also No. 42; and note 2. par. .1 on p. 22.) No. 10. All firewardens shall have authority to call upon able-bodied citizens between the ages of sixteen and fifty years, for assistance in putting out fires, and any such person who refuses to obey such summons, unless pre- vented by good and suflicient reasons, is guilty of a mis- demeaiiior, [and must be fined in a sum not less than fifteen dollars, nor more than fifty dollars, or imprison- ment in the county jail of the county in which such con- viction shall be had, not less than ten days, nor more than thirty days, or both such fine and imprisonment; provided that no citizen shall be called upon to tight fire a total of more than five days in any one year.] [L. 1905, ch. 264, sec. 10=Gen. Laws 1915 (Deering), act 1216, sec. 10.] Note. — !-'ee note 2, par. 1, on page 22, containing the opinion of the attorney general for California to the effect that the authority granted firewardens, by this section, to impress citizens is still o]erative; but that the penalty pro^•ision thereof (indexed in [ ] above) is now superseded by the penalty provided m Penal Code, section 384; for which, see No. 57, penalty clause and subsection 5. No. 11. In times and localities of particular fire danger the state forester may maintain a fire patrol through the STATE FORESTRY LAWS- — CALIFORNIA. 13 fire wardens, at such places in brush or forest land as the public interest may require, the expense of such patrol to be paid by the county in which such patrol is main- tained; and, furthermore, he may. upon written reqiiest by counties, corporations or individuals, maintain a (ire patrol on their forest lands, provided, that the expense of said patrol be paid by the party or parties requesting same. [L. 1905, ch. 21)4, sec. ll=Geu. Laws 1915 (Deering), act 1216, sec. 11.] No. 12. Whenever an arrest shall ha\e been made for violation of any pro\i.sion of tliis act, or whone\-er any information of such violation shall ha\e been lodged with him, the district attorney of the county in which the criminal act was committed must prosecute the offender or offenders with all diligence and energy. If anj' district attorney shall fail to comply with the provisions of thi.s section he shall be guilty of a misdemeanor, and upon conviction shall be fined not less than one hundred dollars nor more than one thousand dollars in the discretion of the court. Action against the district attorney shall be brought by the attorney-general in the name of the ])eople of the state on the relation [request?] of the state forester. The penalties of this section shall apply to any niaj:istrate, with proper authority, who refuses or neglects to cause the arrest and prosecution of any person or persons when complaint, under oath, of violation, of any terms ol tliis act has been lodged with him. [L. 1905, ch. 2(i4, sec. 12=Gen. Laws 1915 (Deering), act 121G, sec. 12.] No. 13. Any person who shall destroy, deface, remove or disfigure any sign, poster or warning notice posted under the provisions of this act shall be guilty of a misdemeanor and punishable, upon con\-iction, by a fine of not less than fifteen dollars nor more than one hundred dollars, or im- prisonment in the county jail for a period of not less than ten days nor more than three months, or both such fine and imprisonment. [L. 1905, ch. 264, sec. 13= Gen. Laws 1915 (Deering), act 1216, sec. 13.] No. 14. Every person, who willfully, maliciously oi negligently sets on fire or causes or procures to be set on fire any woods, brush, prairies, gi'ass, grain or stubble on any lands not his own, or allows the fire to escape from his own laud, wherel)y any property of another is injured or destroyed, or accidentally sets any such fire or allows it to escape from his control without extinguishing it or using every effort to extinguish it, shall be guilty of a misdemeanor and upon conviction is punishable by a fine of not less than fifty dollars, nor more than one thousand dollars, or imprisonment for not less than tliirty days nor more than one year, or both such fine and imprisonment. Setting such fires or allowing them to escape shall be prima facie proof of wilUulness, malice or neglect under lids section, provided, that nothing herein contained shall apply to a person who, in good faith, sets a back tire to check a fire already burning. [L. 1905, ch. 264, sec. 14= Gen. Laws 1915 ^Deering), act 1216, sec. 14.] (See also No. 57, penalty clause, (i), (2), (7); and note ^, par. 2, on p. 22.) No. 15. Every person who, upon departing from a camp or camping place, leave [leaves] fire Inirning or unextinguished, or who, after building such fire allows it to spread, shall be guilty of a misdemeanor and punish, able by a fine of not less than fifty dollars nor more than five hundred dollars, with costs of suit and collection, one- half of such fine or such a portion thereof as shall not ex- ceed fifty dollars, to be paid to the person securing the arrest and conviction of such offender, and if the defend- ant refuses or neglects to pay the fine and costs imposed, he shall be confined in the county jail of the county in which con\iction shall be had. for a period not to exceed one day for every two dollars of the fine imposed, or may be subject to both such fine and imprisonment. [I^. 1905, ch. 264, sec. 15=Gen. Laws 1915 (Deering), act 1216, sec. 15.] (See also \o. 67, penalty clause, (6), (7)). No. 16. It shall be unlawful during what is locally known as the "di-y season," this te located by the state forester upon lands now owned by the state or donated to the state for that purpose. [L. 1917, ch. 475, sec. l=Supp. 1917-1919 to Codes and Gen. Law-s (Deering), act 1224, sec. 1.] No. 24. The state forester shall construct and maintain such buildings, improvements and equipment, and shall employ and fix the compensation of such employees as may be necessary to carry out the provisions of this act. He may also purchase nursery stock and seed and dis- tribute the same at cost for public planting or reforesta- tion. [L. 1917, ch. 475, sec. 2=Supp. 1917-1919 to Codes and Gen. Laws (Deering), act 1224, sec. 2.] No. 25. The governor, on behalf of the state, is hereby authorized to receive all such deeds, conveyances, assur- ances or donations of real or personal property as may be necessary in law to vest in the people of the State of California the title to any site or sites for said nursery and any equipment and supplies therefor that may be donated to the state and accepted by the governor. [L. 1917, act 475, sec. 3=Supp. 1917-1919 to Codes and Gen. Laws (Deering), act 1224, sec. 3.] No. 26. Out of any money in the state treasury not otherwise appropriated there is hereby appropriated the sum of fourteen thousand dollars for the purposes of this act. [L. 1917, ch. 475, sec. 4=Supp. 1917-1919 to Codes and Gen. Laws (IJeering), act 1224, sec. 4.] (See also note 4, on p. 22.) No. 27. There is hereby organized, created, established and incorporated a forest iire district witliin the county of Marin, to be known as "Tanialpais forest lire district." the boundaries of which are hereby estaVdished , descrilied and determined as follows, to wit: Commencing at the point where the electric pole line of the Pacific (las and Electric Company running from the Alto power house to Bolinas first joins the state highway lietween the town of Mill Val- ley and Alto ; running thence along the line of said pole line, southerly, southwesterly, and westerly across the Rancho Saucelito and the Rancho Las Raulinas until the said pole line crosses the county road along the easterly side of Bolinas inner bay or lagoon; running flicnce northwesterly along said county road to its intersection with the lower county road leading from Bolinas to ( )lpma: running thence aorthwesterly along said Bolina,s and Olema county road to its intersection with the Tocalonia road at the village of Olema ; running thence easterly along said county road lead- ing to Tocaloma to its intersection with the county road running along the easterly bank of Paper Mill creek; run- ning thence northerly and easterly along said county road running along the easterly bank of Paper Mill creek to the I mouth of Nicasio creek; running thence up the county road running up Nicasio creek, in an easterly and southerly 1 direction, tlirough the village of Nicasio to the intersection of the Nicasio and San Geronimo county road with the j Lucas Valley county road ; thence easterly along said Lucas Valley county road to its intersection witli the state high- way at Las Gallinas; thence southerly along the state high- way as at present laid out to the northerly corporate Umita of the city of San Rafael; thence w-esterly along said north- erly corporate limits of said city of San Rafael to the east- erly corporate Umits of the town of San Anselmo; thence southerly along the easterly corporate limits of the town of San Anselmo to the easterly corporate limits of the town of Ross; thence southerly along the easterly corporate lim- its of the town of Ross and westerly along the southerly corporate limits of the town of Ross to the intersection thereof with the state highway; thence southerly along the state highway to the northwesterly corporate limits of the town of Larkspiu-; thence northerly, easterly and southerly, along the coi-porate limits of the town of Lark- spur to their intersection with the northerly corporate limits of the town of Corto Madera; thence easterly, southerly and westerly along the corporate limits of the town of Corte Madera to their intersection with the state highway; and thence southerly along the state liighway to the point of beginning. [L. 1917, ch. 560, sec. 1= Supp. 1917-1919 to Codes and Gen. Laws 1915 (Deering), act 1185, sec. 1.] No. 28. Within thiity days after this act shall go into effect, a governing board of trustees for said district shall be appointed. Said board shall consist of one trustee to 16 STATE FORESTRY LAWS CALIFORNIA. be appointed from said district at large by the board of supervisors of said county of Marin, aqd of one trustee to be appointed from each municipality lying wholly or par- tially within said district by the governing board of such municipality. The governing board of such district shall be called "the board of trustees of Tamalpais forest fire district." Each trustee appointed by a municipal board shall be an elector of the municipality from which he is appointed, and each appointee of the board of Buper\dsors shall be an elector of the district. All such trustees shall hold office for the term of two years from and after the sec- ond day of the calendar year succeeding their appoint- ment; provided, however, that the first board of tnistees appointed under the provisions of this act shall, ai their first meeting, so classify themselves by lot that one-half of their number, if the total membership is an even num- ber, and if uneven then that a majority of their num- ber, shall go out of office at the expiration of one year and the remainder at the expiration of two years, from the second day of the calendar year succeeding their appoint- ment. [L. 1917, ch. 5G0, ^ec. 2=Supp. 1917-1919 to Codes and Gen. Laws 1915 (Deering), act 1185, sec. 2.] No. 29. The members of the board of trustees shall meet on the first Monday subsequent to thirty days after this act shall go into effect and shall organize by t)ie election of one of their members as president and one thereof as secretary. The members of the board shall serve without compensa- tion provided that the necessary expenses of each memlier for actual traveling expenses on meetings or business con- nected with said l)oard shall be allowed and paid. In event of the resignation, death or disability of any member, his successor shall be appointed by the board of super- visors, if such board originally made such appointment, or by the governing Ijoard of the appropriate municipality, if such appointment were originally made by the board of a mimicipality. The board of trustees shall provide for the time and place of holding its regular meetings, and tlie manner of calling the same, and shall establish rules for its proceedings. Special meetings may be called by three trustees and notice of the holding thereof shall be given to each member at least three hours before the meeting. All sessions, whether regular or special, shall be open to the public and a majority of the members of the board shall constitute a quorum for the transaction of Ijusiness. [L. 1917, ch. 560, sec. 3=Supp. 1917-1919 to Codes and Gen. Laws 1915 (Deering), act 1185, sec. 3.] No. 30. The board of trustees of such district shall have power to take all necessary or proper steps for the preven- tion or extinguishing of forest, brush, or grass fires within the district, and for the protection of persons or property from any injury, loss, or damage resulting from any such fije or fires; to purchase such supplies and materials and to employ such labor or sldlled services as may be necessary or proper in furtherance of the objects of this act, and if necessary or proper in the furtherance of the same to build, construct, and thereafter to keep clear and maintain necessary fire roads or fire trails, hydrants, or other fiie- fighting apparatus upon the lands within the district or adjacent thereto, and to acquire by purchase, condemna- tion, license or other lawful means, in the name of the district, all necessary lands, rights-of-way, easements or property or material requisite or necessary for any of such purposes; to make contracts, to indemnify or compensate any owner of land or other property for any injury or dam- age necessarily caused by the exercise of the powers by this act conferred, or arising out of the use, taking or dam- age of such property for any such purposes, and generally to do any and all things necessary or incident to the powers hereby granted and to carry out the objects specified herein. [L. 1917, ch. 560, sec. 4=Supp. 1917-1919 to Codes and Gen. Laws 1915 (Deering), act 1185, sec. 4.] No. 31. The board of trustees of said district shall at least fifteen days before the first day of the month in which the board of supervisors of Marin county is required by law to levy the amount of taxes required for county purposes, furnish to said board of supervisors and to the county auditor of said county, respectively, an estimate in writing of the amount of money necessary for all purposes required under the provisions of this act during the next ensuing fiscal year. The board of supervisors of such county shall thereafter at the time and in the manner of levying other coimty taxes levy upon all of the taxable property within the district and cause to be collected a tax, to be known as the "Tamalpais forest fire district tax," the maximum rate of wliich must not be greater than sufficient to raise the amount estimated to be rai.sed by the said l)oard of trustees of the district, nor in any event shall s\ich tax exceed ten cents on each one liundred dollars of taxable property in such district. All taxes levied under the provisions of tliis section shall be computed and entered on the county assessment roll of said county by the county auditor thereof, and collected at the same time and in the same manner as state and county taxes, and when collected shall be paid into the county treasury of said county for the use of said district. The funds shall be withdrawn from said county treasury upon the warrant of the board of trustees of such district signed by the president or acting president of the board, and countersigned by its secretary. [L. 1917, ch. 560, sec. 5=Supp. 1917-1919 to Codes and Gen. Laws 1915 (Deering), act 1185, sec. 5.] No. 32. The board of trustees of such forest fire district, prior to its estimate of the amount of money necessary for all purposes of the district for the ensuing fiscal year, as hereinabove provided, may request from the governing board or body having jurisdiction and control over any forest, brush or grass lands witliin such district owned or held for any purpose whatsoever l)y the State of California, or any county, city, township, municipal corporation, public corporation, or other political corporation or sub- division of the state, a proposal or promise as to what amount, if any, the State of California, or any county, city, township, municipal corporation, public corporation or other political corporation or subdivision of the state own- STATE FORESTRY LAWS — CALIFORNIA. 17 ing or holding such lands, will agree to pay to such district towards its necessary expenses for the next ensuing fiscal year, or such proposal may be for the next two ensuing fiscal years in the event that such lands shall be under the control of the State of California, in consideration of said district taking over the supervision and concurrent control, as hereinafter set forth, of such lands so owned or held, only, however, in so far as is necessary or proper to prevent or extinguish forest, brush or grass fires thereon or witliin svich district, or to protect persons or property from any injury, loss or damage resulting from any such fire, and said governing body having jurisdiction and control over such lands is hereby authorized and empowered, for the consideration aforesaid, to propose or promise, as afore- said, and so obligate the State of California or any county » city, townsliip, municipal corporation, public corporation or other political corporation or subdivision of the state owning or holding such lands respectively, to such district upon its board of trustees accepting such proposal for such purpose, whereupon such agreement shall be d\ily exe- cuted in the form of a contract, and such district shall thereupon take over the super\-ision and control of the prevention and extinguishing of forest, brush or grass fires upon such lands in the manner aforesaid for the next ensuing fiscal year, or for the life of such contract. [L. 1917, ch. 560, sec. 6=Supp. 1917-1919 to Codes and Gen. Laws 1915 (Deering), act 1185, sec. 6.] (See also No. 52; and note 8, on p. ^S.) No. 33. Any territory, incorporated or unincorporated, lyingadjacent and contiguous to said forest fire district, and within the same county therewith, may be added and an- nexed to such district, at any time, upon proceedings being had and taken as in this act proxided and any ter- ritory, incorporated or unincorporated, laying within said district, may be withdrawn and excluded therefrom upon proceedings being had and taken as in this act provided. The board of trustees of such district upon recei\ing a written petition containing a description of the new ter- ritory sought to be annexed to such district, signed by the owners comprising more than one-half of the assessed value of such territory as shown by the last county assessmen t roll , must thereupon submit to the electors of the district and also to the electors residing in the territory sought to be annexed, the proposition of whether such proposed ter- ritory shall be amiexed and added to such district. The proposition to be submitted to the electors at such election, both within said district and within said territory so pro- posed to be annexed, shall be as follows: ''for annexation," or ''against annexation," or words equivalent thereto. Such election must be called and held, and notice thereof shall be published for at least four weeks prior to such election in a newspaper printed and published in such district, and also iji a newspaper, if any, printed and pub- lished in such territory so proposed to be annexed. The board of trustees, shall canvass, separately, the votes cast within said district, and the votes cast within said territory so proposed to be annexed, and if it shall appear from such canvass that a majority of all the ballots cast in such district and a majority of all the ballot.s cast in such territory so proposed to be annexed are in favor of annexation, the board of trustees shall certify such fact to the secretary of state describing said property proposed to be annexed and upon receij)! of such last mentioned certificate, the secre- tary of state shall thereupon issue his certificate reciting that the territory (describing the same) has been annexed and added to the Tamalpais forest fires district and a copy of such certificate of the secretary of state .shall be trans- mitted to and filed with the county clerk of said county in which such forest fire district is situated. From and after the date of such certificate the territory named therein shall be deemed added and annexed to and form a part of s lid forest fire district, with all the rights, privileges and powers set forth in this act and neceisarily incident thereto. If the property so proposed to be annexed is included with- in a municipality, consent to such annexation shall first be obtained from the governing board of such miuiicipalitj', and an authenticated copy of the resolution or order of such board so consenting to such annexation, shall be attached to the petition, and be made a part thereof. At any time after the organization of said forest fire district, and the appointment of the board of trustees thereof, the owner or owners of the record title to any land or lands within said district may file a petition with the board of super\dsors of the county prajdng that his or their lands be excluded from the district; provided, that no jietition shall be presented or received for the exclusion of lands which, either by themselves, or together with other lands included in the same petition, do not lie adjacent to the exterior boundaries of said forest fire district. .\t its first regular meeting after the filing of such petition tlie board of super- \isors shall, by its order, set said petition for hearing, which hearing shall not be more than forty days nor less than ten days from the date of its said order. Notice of such hear- ing shall be mailed to the petitioners, and to the members of the board of trustees of the forest fire district at least one week before the hearing. At such hearing, or at any con- tinuation thereof, the board of supervisors shall hear and determine the facts lu-ged for or against said petition, and shall make a finding determining whether or not the said lands petitioned to be withdrawn, or any part thereof, shall be withdrawn from the district. In case such find- ing shall be in favor of excluding such lands, or any portion thereof from the district, the board of supervisors shall make its order certifying such fact to the secretarj' of state, describing said property proposed to be excluded by said findings, and upon receipt of such last mentioned certifi- cate, the secretary of state shall issue his certificate re- citing that the territory (describing the same) has been excluded from the Tamalpais forest fire district, and a copy of such certificate of the secretary of state shall be transmitted to and filed with the county clerk of the county of Marin. From and after the date of such certificate, the territory described therein shall be deemed excluded from STATE FORESTRY LAWS CALIFORNIA. said forest fire dii?trict. [L. 1917, ch. 560, sec. 7=Supp. 1917-1919 to Codi's anil Gen. I.aws 1915 (Deering), act 1185, sec. 7.] No. 34. The district may at any time be dissolved upon tlie vote of two-tliirds of the (jvialified electors thereof, upon an election called either by its board of trustees or by petition signed l)y twenty -five per cent of the registered voters witliin tlae district upon the question of dissolution, and the proposition which shall be submitted to the electors at such election shall be as follows: "Shall the district be dissolved?" Such election must be called and held; and notice thereof shall be published for at least four weeks prior to such election in a newspaper printed and publislied in such district. If two-tliirds of the votes at such election shall be in favor of the disso- lution of the district, the board of trustees shall certify such fact to tlie secretary of state, and upon receipt of such last mentioned certificate, the secretary of state shall thereupon issue bis certificate reciting that said forest fire district has been dissolved, and a copy of such certificate of the secretary of state shall be transmitted to and filed with the county clerk of said county in which such forest fire district is situated. From and after the date of such certificate the district named therein shall be deemed dissolved, and the property of the district shall thereupon vest in the county wherein said district is situate, if the district at the time of its dissolution com. prises unincorporated territory alone, and if it comprises incorporated territory alone, or partly incorporated and partly unincorporated territory, then in such event its property shall be ratably apportioned amongst the several municipalities and the county in proportion to the assessed value of the property included within said district as shown upon the last county assessment roll; provided, however, that any real property, easements or rights of way belonging to said district shall in such event remain the property of the municipality wherein the same is situate, if situated witliin incorporated territory, other wise the same shall remain the property of the county. [L. 1917, ch. 560, sec. 8=Supp. 1917-1919 to Codes and Gen. Laws 1915 (Deering), act 1185, sec. 8.] No. 35. Every notice herein required to be published may be published in a daily or weekly or semiweekly newspaper; and if there is no daily, or weekly or semi- weekly newspaper published within the district or within a subdivision thereof or other territory wherein the same is required to be published, then such notice shall be posted for the length of time herein required for the publication of the same in three public places of such district or such subdi\dsion thereof or such other territory as the case may be. The term "municipaUty," as used in this act, shall include a city or town, and shall be understood and so construed as to include, and is hereby declared to include, all corporations heretofore organized and now existing, and those hereafter organized, for municipal purposes. The word "district" shall apply, unless otherwise expressed or used, to said forest fire district formed under the provisions of tMs act, and the word "trustees," and the words "board of trustees," shall apply to the trustees and the board of trustees of such district. [L. 1917, ch. 560, sec. 9=Supp. 1917-1919 to Codes and Gen. Laws 1915 (Deering), act 1185, sec. 9.] No. 36. The provision herein contained for the entering into proposals and contracts with said forest fire district by the State of California, or any county, city, township, municipal corporation, public corporation or other political corporation or subdivision of this state, is hcreliy declared to be optional and permissive and no further authority of law shall be required for such proposals or contracts than that herein contained, and no further authority of law shall be required than that contained in tliis act for the levy of taxes by boards of supervisors for the purposes herein specified, and no further authority shall be required by law for the bringing of actions in eminent domain, for the acqiujing by said forest fire district of rights of way for fii'e roads or trails, and easements to cut timber, brush or grass thereon, and to maintain the same, than the authority contained in tlis act. [L. 1917, ch. 560, sec. 10=Supp. 1917-1919 to Codes and Gen. Laws 1915 (Deer- ing), act 1185, sec. 10.] No. 37. If any section, subsection, sentence, clause or phrase of this act is for ai y reason held to be unconstitu- tional, such decision shall not affect the validity of the remaining portion of thi ; act. The legislature hereby declares that it would hive passed this act, and each section, subsection, sentence, clause and phi-ase thereof, irrespective of the fact that any one or more other sections, subsections, sentences, clauses or phrases be declared unconstitutional. [L. 1917, ch. 5G0, sec. ll=Supp. 1917-1919 to Codes and Gen. Laws 1915 (Deering), act 1185, sec. 11.] No. 38. For the prevention and suppression of forei . fires the state board of forestry shall — (a) Make and enforce such rules and regulations as may be necessary and proper for the organization, maintenance, government and direction of the fire protective system provided for in this act: (5) DiWde the state into such number of suitable and convenient fire districts as may be necessarj- ; (c) Appoint a district fire ranger for each of such fire districts to serve during the seasons when fires are liable to occur at a salary of not to exceed one hundred fifty dollars per month and necessary expenses. Paid district fire rangers shall, under the direction of the state forester, have charge of the fire fighting system and men in such districts; and shall be charged with the duty of preventing and extiaghishing forest fires and with the performance of such other duties as may be required by the forester; (d) Provide all proper fire-prevention and fire-fighting implements and apparatus, organize fire companies and establish observation stations and employ men to attend them in all fire districts established as herein provided; STATE FORESTRY LAWS — CALIFORNIA. 19 construct and maintain telephone lines ami proxide such other means of commimication as shall be necessary to prevent and extinguish forest fires. [L. 1919, ch. 17(), sec. l=Supp. 1917-1919 to Codes and (^en. Laws 1915 (Deer- ing), act 121fia, sec. 1.] No. 39. For (he puri)o.se of co-operatina: with federal, county, municipal and private agencies for i re protection, forest management, refore.station and afforestation the state forester may — (a) Enter into agreements with the federal goveriiment, under such terms as he deeins advisable or as may be jjrovided by law, and renew, revise or terminate such agi-eements, for the purpose of maintaining a (Ire patrol .system for the ))revention and suppression of any forest (ires in any timber, briLsh, grass or other ijiilammabic vegetation or material : provided, that the expenses incurred by the terms of said agreements shall be jiaid from the appropriations or fimds available for forest fire protection. (b) Whenever any coimty or municipality shall make any appropriation for the prevention and sujipression of forest fires on any lands within said county, or munici- pality, or for the protection and forest management of any lands over which such county or municipality has juris- diction, or for reforestation or afforestation on lands within said county or municipality, the state fore.,n p. 22.) No. 42. The state forester, deputy state forester, assist- ant state foresters, district fire rangers and special fire rangers, shall have the powers of peace officers to make arrests without warrant, tor violation of any state, coimty or federal fire law, and none of them shdl be liable to civil action for trespass committed in the discharge of their dutie.s. [L. 1919, ch. 176, sec. 5=Supp, 1917-1919 to Codes and Gen. Laws 1915 (Deering), act 1216a, sec. 5.] {See also No. 9; and note 2, par. 3, on p. 22.) No. 43. — The term "fore.4 fire" as u.sed in this act, means any fire burning tmcontrolled on any lands covered wholly or in part by timber, brush, gras?, grain, or other inflammable vegetation. [L. 1919, ch, 176, sec, 6=Supp, 1917-1919 to Codes and Gen. Laws 1915 (Deering), act 1210a, sec. 6.] No. 44. — Any person who shall violate any of the pro- visions of tliis act shall be guilty of a misdemeanor and shall be punishable upon conviction by a fine of not less than fifty dollars nor more than five hundred dollars, and if the defendant refuses, on conviction, to pay said fine he shall be confined in the county jail of the county in which conviction shall be had for a jjeriod not to exceed one day for every two dollars of the fine imposed, or may be subject to both such fine and imprisonment. [L. 1919, ch. 176, sec. 7=Supp. 1917-1919 to Codes and Gen. Laws 1915 (Deering), act 1216a, sec. 7.] No. 45. — Out of any money in the state treasury not otherwise appropriated, there is hereby appropriated the sum of five thousand dollars during the seventy-first and seventy-second fiscal years, wliich money shall be used and expended for the purpose of preventing forest fires, and the construction and maintenance of fire trails and fire breaks in the San .\ntonio canyon in the San Ciabriel mountains, Calitorida, and the canyons adjacent thereto. [L, 1919, ch, 409, sec, l=Siipp. 1917-1919 to Codes and 20 STATE FORESTRY LAWS CALIFORNIA. Gen. Laws 1915 (Deering), act 1171a.] (See also note A, on p. 22.) No. 46. — The state board of control is hereby authorized and empowered to enter into a contract or contracts with the San Antonio Fruit Exchange, a corporation organized and existing under and by virtue of the laws of the State of California, for the purpose of protecting San Antonio canyon from devastation by (ire; provided, however, that the expenditiues for such purposes shall not be in excess of the amount expended by the said San Antonio Fruit Exchange, the San Antonio Water Company, and the counties of San IJernardino and Los Angeles, in collabora- tion with the specific work named above; provided, furtJier, that in the event that the said San Antonio Fruit Exchange, San Antonio Water Company, the county of San l?er- nardino or the county of Los Angeles do not contribute an amount equal to the appropriation herebj' made for the purposes hereinbefore specified, the state board of control shall not have power to enter into such contract or con- tracts with the said San Antonio Fruit Exchange for such expenditui'e of said money. [L. 1919, ch. 409, sec. 2= Supp. 1917-1919 to Codes and Gen. Laws 1915 (Deering), act 1171a.] (See also note 4, on p. 22.) No. 47. — Tlie sum of twenty-live thousand dollars is hereby appropriated out of any money in the state treasury not other-svise appropriated to be used by the state board of forestry in preventing and fighting forest, brush, grass and grain fires within the State of California. To this end the said board with the approval of the state board of con- trol may enter into co-operative agreements with proper representatives of the United States government, or with counties, municipalities, or individuals. [L. 1919, ch. 414, sec. 1.] [See also note 4, on p. 22.) No. 48. — Out of any money in the state treasury not otherwise appropriated, there is hereby appropriated the sum of one thousand six hundred dollars, of which eight hundred dollars is to be expended annually during the seventy-firgt and seventy-second fiscal years, which moneys shall be used and expended for the purpose of preventing and extinguishing forest fires and the con- structing and maintaining of fire trails and firebreaks in the San Dimas canyon in the San Gabriel mountains, California, and the canyons adjacent thereto; provided, however, that the money herein appropriated to be expended annually shall not become available until there shall have been deposited in the state treasury for this piupose an amount equal thereto, by the San Dimas Fruit Exchange, the county of Los Angeles, or by any individual or corpo- ration of by any or all of them. [L. 1919, ch. 581, sec. 1.] {See also note 4, on p. 22.) No. 49 — The moneys provided under the provisions of section one hereof shall be expended under the direction of the state forester. [L. 1919, ch. 581, sec. 2.] No. 50. Out of any moneys in the state treasury nol otherwise appropriated, there is hereby appropriated the sum of three thousand dollars, of which one thousand five hundred dollars is to be expended annually during the seventy-first and seventy-second fiscal years, which moneys shall be used and expended for the purpose of preventing and extinguishing forest fu'es, and constructing and maintaining of fire trails and fire brealvs in the San Gabriel canyon in the San Gabriel mountains, California, and the mountains adjaecnt thereto; provided, hovjcver, that the money herein appropriated to be expended an- nually shall not become available imtil there shall have been deposited in the state treasury for this purpose an amount equal thereto by the Azusa Irrigation Company, the Covina Irrigation Companj^, the county of IjOs Angeles or by any individual or corporation or by any or all of them. [L. 1919, ch. 582, sec. 1.] (See also note 4, on p. 22.) No. 51. The moneys provided under the provisions of section one hereof shall be expended under the direction of the state forester. [L. 1919, ch. 582, sec. 2.] (See also note 4, on p. 22.) No. 52. Out of any money in the state treasury not otherwise appropriated there is hereby appropriated annually the sum of two thousand five hundred dollars during the seventy-first and seventy-second fiscal years which money shall be used and expended for the purposes of preventing forest fires and the construction and main- tenance of fii'e trails and fire breaks in the Tamalpais forest fire district in Marin county, California. The state board* of control is hereby authorized and empowered to enter into a contract or contracts with the Tamalpais forest fire district, a public corporatiaon of the State of California, for the purpose of protecting the area embraced in the Tamalpais forest fire district from devastation by fire; provided, however, that the expenditures for such purposes shall not be in excess of the amount expended by the said Tamalpais forest fii'e district; provided, further, that in the event the said Tamalpais forest fire district does not con- tribute an amount equal to the appropriation hereby made during the fiscal years herein above specified, the state board of control shall not have power to enter into such contract or contracts with the Tamalpais forest fire district for such expenditure of said money. [L. 1919, ch. 593, sec. 1.] {See also No. 32; and note 4, on p. 22.) No. 53. The sum of five thousand dollars, or so much thereof as may be necessary, is hereby appropriated out of any money in the state treasury not otherwise appropri- ated, which money shall be used and expended for the pur- pose of constructing and maintaining fire lanes and fire trails to protect the timber and brush and other growth on the water shed now standing or that may be planted upon the San Bernardino mountains, in the State of California. [L. 1919, ch. 597, sec. l=Supp. 1917-1919 to Codes and Gen. Laws ( Deering), act 1223.] (See also note 4, on p.22.) No. 54. The state board of control is hereby empowered to enter into a contract or contracts ivith the forest service of the United States government for the purpose of con- structing and 'maintaining fire lanes and fire trails for the STATE FORESTRY LAWS — CALIFORNIA. 21 protection of the forest and brush specified in section one of this act; provided, houevcr, that tliese expenditures shall not be in excess of the amount or amounts to be expended by the forest service of the federal government in collabora- tion with the specific work named above; and provided, further, that in case the forest service above mentioned does not contribute the fund for said co-operation, that the state board of control shall not have power to enter into such contract or contracts with the said forest service for the expenditure of the said money. fL. 1919, ch. 597, sec. 2=Supp. 1917-1919 to Codes and Gen. Laws (Deering), act 122.3.] {See also note 4, on p. 22.) No. 55. UTienever the woods are on fire any justice of the peace, or constable, or road-overseer of the township or district where the fije exists, may order as many of the inhal)itants liable to road poll-tax, residing in the vicinity, as may be deemed necessary, to repair to the place of the fire and assist in extinguishing or stopping it. [Pol. Code 1872, sec. 3,'?4.5; * * *; Pol. Code (Decring), 1915, sec. 3345.J {See also note 6, on p. 22.) No. 56. The boards of superWsors, in their respective counties shall have jurisdiction and power, under such limitations and restrictions as are prescribed by law: Subsection 40. * * * To appropriate a sum not ex- ceeding two cents per 100 dollars of the assessed valuation of their county in any one year, in addition to any sum which may be chargeable to the county for the repayment of money expended by the state for protection against fire in such coimty, for the purpose of protecting forest, brush and grass lands therein, against fire or other injiu^', and of aiding the state and federal authorities in forestry work. [L. 1905, ch. 337, sec. l=(5en. Laws 1906 (Deering), act837, sec. 33i; * * *; Pol. Code, sec. 4041, preamble and subsec. 40, as reenacted in L. 1919, ch. 377, sec. l=Supp. 1917-1919 to Codes and Gen. Laws (Deering), Pol. Code, sec. 3041, preamble and subsec. 40.] No. 57. Any person who shall wilfully or negligently commit any of the acts hereinafter eiuimerated in tlus sec- tion shall be guilty of a misdemeanor, and upon conviction thereof be punishable by a fine of not less than fifty nor more than five himdred dollars, or imprisonment in the county jail not less than fifteen days nor more than six montlis, or both such fine and imprisonment, except that in the case of an offense against subsection five of this section the fine imposed may be not less than ten dollars. {Sec also note 10, on p. 23.) 1 . Setting fire, or causing or procuring fire to be set to any forest, brush or other infiammable vegetation growing on lands not his own, without the permission of the owner of such land; provided, that no person shall be convicted under this section who shall have set in good faith and with reasonable care, a backfire for the purjiose of stopping the progress of a fire then actually bm'ning. 2. Allowing fires to escape from the control of the jsersons having charge thereof, or to spread to the lands of any per- son other than the builder of such fire without using e\'ery reasonable and proper precaution to prevent such fire from escaping. 3. Bm-ning brush, stumps, logs, rubbish, fallen timbers, fallows, grass or stubble, or blasting with dynamite, powder or other explosives, or setting off fireworks, whether on his own land or that of another, without taking every proper and reasonable precaution both before the lighting of said fire and at all times thereafter to prevent the escape thereof; provided, that any firewarden may, at his discre- tion, give a written permit to any person desiring to biu-n or blast as aforesaid ; such permit shall contain such rules and regulations for the building and management of such fires as the state board of forestry may from time to time prescribe; and in any prosecution under this subsection it shall be prima facie evidence that the defendant has taken proper and reasonable precautions to prevent the escape of such fire, when ho shall show that he has received such a permit and has complied with all the rules and regula- tions therein prescribed. {Sec aho note ll, on p. 23.) 4. Using any logging locomotive, donkey or threshing engine, or any other engine or boiler, in or near any forest, bru.sh, grass, grain or stubble land, imless he shall prove upon the trial, affirmatively, that such engines or boilers used by him were provided with adequate de\dces to pre- vent the escape of fire or sparks from smokestacks, ash pans, fire boxes, or other parts, and that he has used every reason- able precaution to prevent the causing of fire thereby. 4a. Harvesting grain or causing grain to be harvested by means of a combined harvester, header, orstationarj' thresh- ing machijic, or baling hay by means of a hay press, unless he shall keep at all times in convenient places upon each said combined harvester, header, or stationary threshing machine, or hay press, fully equipped and ready for im- mediate use, two suitable chemical fire extinguishers, appro\-ed by the underwriters' laboratories, each of the capacity of not less than two and one-half gallons. 46. Operating or causing to be operated any gas tractor, oil-buring engine, gas-propelled harvesting machine or auto truck in harvesting or mo^ing grain or hay, or mo\'ing ' said tractor, engine, machine or auto truck in or near any grain or grass lands, imless he shall maintain attached to the exhaust on said gas tractor, oil-burning engine or gas- propelled harvesting macliine an effective spark-arresting and bxuning carbon-arresting device. 5. Refusing or failing to render assistance in combating fires at the summons of any firewarden unless prevented by good and sufiicient reasons. 6. Leaving a camp fire bui-ning or unextinguished witTi- out some person in attendance, or allowing such fire to spread after being built. 7. The i)ro\'isions of this section shall not apply to the setting of fire on lands within any municipal corporation of the state. [L. 1852, ch. 48, sec. l=Penal Code, 1872, sec. 384; * * *; L. 1911, ch. 699; * * *; L. 1919, ch. 127 = Supp. 1917-1919 to Codes and Gen. Laws (Deering), Penal Code, sec. 384.] {See also Nos. 10; 14; 15; 16; 17; and note 2, pars. 1 and 2, on p. 22.) 22 STATE FORESTRY LAWS — CALIFORNIA. EXPLANATORY NOTES. Note 1. — No terms of ollice are prescribed for the several members of the State board of forestry. The State for- ester, however, is appointed to hold office "at the pleas- ure of the appointing power." No. 2. Note 2. — The attorney general for California, in a let- ter to the Forest Service, dated July 8, 1920, states as follows: T[l. "A reading of the California forestry act of 1905, which will be termed the basic act, discloses that the terms 'voluntary fiiewarden' and 'firewarden' are used interchangeably. Therefore, both firewardens and vol- untary firewardens have authority, by the basic act, to call" upon able-bodied citizens to assist in fighting fire, as provided by section 10 of that act. A refusal to com- ply will make such persons subject to the penalty imposed originally by section 10 of the basic act but now superseded by the penalty provided in section 384 of the Penal Code. [See No. .57, penally clause and subsec. 5.] With this interpretation there is no conflict with chapter 176 of the statutes of 1919, for the penalty imposed by that act would be operative against a person who refused to fight fire when commanded to do so by a firewarden acting piusuant to authorization of the State forester, deputy State forester or an assistant State forester." [See Nos. 41 and 44-] ***** 112. [Your] "Queries four, five, and .six deal with the fact that sections 14, 15, 16, and 17 of the basic act are similar to the provisions of section 384 of the Penal Code which is a later enactment dealing with the same or similar subject matter and in many ways similar. But this reen- actment does not repeal any of the sections of the basic act or render them inoperative. "Many cases may arise which are not covered by both enactments. As to these cases, the act under which they fall is operative and may be applied. In cases to which both enactments might equally apply the latter enact- ment and the penalty imposed thereby would, of course, prevail." ***** p. "These sections [sec. 9, ch. 264, L. 1905, and sec. 5, ch. 176, L. 1919] both confer power on the State forester and other oflicers mentioned and these officers will draw power from both of the statutes, as the same are not in conflict. They will draw power to make arrests for forest loss from one statute and powers to make arrests tor violations of fire laws fi-oni another or from both. When these officers are constituted peace officers it is, of course, incumbent upon them, ^vithout further author- ity, to make arrests for violation of any State law or county ordinance, and it is •witliin the powers of the State of California to direct and empower its peace officers to make arrests for violations of Federal Law." 1f4. " Section 4 of the basic act provides for cooperation by the State forester with counties, towns, corporations. and individuals for protection and management without approval of any board. The act of 1919 [ch. 176] enlarges the class of cooperators by adding the Federal Govern- ment. Under this later act, section 2 (a) the State forester may enter into agi'eements with the Federal Government without the approval of the board of control. " Section 2 (b) he may enter into agreements with coun- ties or municipalities for protection, fire suppression or management with the approval of the board of control. This subsection apparently contemplates expenditure by the State. Section 4 of the basic act evidently intended that tlie cooperators bear the expense, especially since the State had not until 1919 made any appropriation to cover such expenses. Moreover, this section 4 applies only to the preparation of plans, while section 2 (b), act of 1919, embraces active participation by the State for- ester not only in plans but in the actual suppression and management. The State forester, under section 4 of the basic act, would still ha-\e authority to prepare plans with- out approval of the board. The two acts should be con- strued together, since they are not inconsistent. Sec- tion 2 (c), the State forester may enter into agreements with private agencies with the approval of the board, the State to bear not more than one-third of the expense." "The provisions of chapter 176 contemplate agreements to be made by the State forester wherein the State is to bear a portion of the expense not exceeding one-third, and if money is to be paid out by the State other than the ordinary fixed operating charges of the State forester's department, the agreements which it is contemplated that the State forester will make must have the approval of the State board of control. If, however, agreements are to be made wherein the State is to bear no expense, as contemplated by the basic act, the State forester may proceed as provided in that act without the approval of the State board of control." Note 3.. — This note has been deleted. Note 4. — Only such laws concerning appropriations are usually compiled as provide funds available from year to year until expended. Appropriations limited to a fixed annual or biennial period of expenditiu-e are generally omitted because of the frequent changes in the amounts. An exception to this general rule is, however, made in the case of the allotments by the State for fire protective work in certain restricted areas in California, the allotments for which are derived from appropriations made biennially. (-See Nos. 45; 46; 4S-54.) Note 5. — A so-called "State forestry fund" was also provisionally created by Laws 1905, chapter 187, sections 1, 2; General Laws 1915 (Deeiing), act 1217, sections 1, 2. (See volume of Session Laws.) Note 6. — There appears to be no specific provision made for compensating fire-fighting laborers when im- pressed by firewardens under the authority granted them STATE FORESTRY LAWS — CALIFORNIA. 23 in section 10, chapter 264, Laws 1905 (see No. 10), or when impressed by justices of the peace, constables, or road overseers (see No. .55); nor for penalties in case of failure to comply with sucli summons from a justice of the peace constable, or road overseer. Note 7. — ^The terms "trustees," ''board of trustees," "municipality," and "district," as used in chapter 5G0, Laws 1917, are defined and applied in section 9 thereof. (See No. S5.) Note 8. — ^Such proposals and contracts are optional and permissive on the part of the State or any of its political corporations or subdivisions mthin the district. No. 36. Note 0. — The California Redwood Park is the only park mentioned in the act contained in chapter 264, Laws 1905, and it has since been transferred to other jurisdiction. {See, in Sess. Laus vols., L. 1911, ch. 12, sees. 1, 2, 2\; i, 191.i, ch. 16, sec. 1.) The Hamilton tract is also the only tract mentioned in said 1905 act; and it makes no further mention of any forest stations. Note 10. — The disposition of fines recovered under Penal Code, section 3S4, is governed by the general pro- visions in Penal Code, sections 1457, 1570, under which they go into the county treasury. (See Penal Code volume, Deering, 1915.) Note 11. — ^The permit feature of Penal Code, section 384 (see No. 37, subsec. .S), and also of sections 16 and IS of chapter 264, Law.s 1905 (see Nos. 16, 18) is a most unusual one, since the intention of this particular provision appears to be to perform the reverse of the commonly accepted function of such legislation in a majority of the other States, namely, to provide the Government a means of controlling burning, and of prosecuting offenders. In the cases under which this feature of the California law would seem most likely to be resorted to, the permit would appear to function chiefly as a means of legal defense, of the permittee, rather than as a safeguard of the public interests, sine j possession of a permit from a fu'ewarden and compliance therewith constitutes prima facie evidence of precautions taken. Issuance of such permit is, however, entirely discretionary with the firewarden. Note 12. — The State lioard of control consists of three members, appointed by the governor, to hold office at his pleasure, one being designated by the governor to be chaiiman. The board superx^ises the financial and business policies and acti\ities of the State, inchiding all advertisements, publications, and notices by State officers, boards, etc. , to be inserted in newspapers or other mediums. (See Pol. Code, sec. 654 {Deering, 1915); L. 1911 (extra sess.), ch. 5, sec. l=Gen. Laws (Deering, 1915), act 2503.) WASItlXOTI ' rRlXTINO OFFICE : 192: Misc. S. 30. Forestry Laws Leaflet No. 26. Date of 18SUC, December 10, 1921. United States Department of Agriculture FOREST SERVICE WILLIAM B. GREELEY, Forester STATE FORESTRY LAWS.' INTRODUCED BY CLASSIFIED SYNOPSES PENNSYLVANIA (SERIAL 1— THROUGH REG. SESS., 1921.)* Compiled by Jeannif. S. Peyton, under the direction of Louis S. Mukphy, Forest Examiner, Eastern Division, Branch of Forest Management. CONTENTS. Purpose of compilation Synopsis of laws General forestry organization ana activities Department of forestry, and State forest com- mission (formerly. State forestry reserva- tion comuiission), with their bureau and office organization Commissioner of forestry Deputy commissioner of forestry Chiefs and assistant chiefs of bureaus and offices District foresters Other officers and employees Foresters and forest rangers Forest "wardens Specialists to combat destructive agencies other than fires 'Game and fish officers . Department of State police Reciprocal enforcement of the forestry, game, and fish laws of the State Forest distriota State forest nurseries Cooperation Investigation and education Publications Synopsis of laws — Continued. Fire organization and activities Department of torestr.y, and State Forest Commission Commissioner of forestry Deputy commissioner of forestry Foresters and forest rangers Bureau of forest protection Chief forest firewarden Subordinate forest firewardens District firewardens Local forest firewardens Special and ex officio fore.st firewardens. Fire, game, and fisJi wardens Members of the State police force (act as firewardens) Watchmen and patrolmen Flre-fightlng laborers Constables and other peace officers Detective and legal services Department of State police Game and fish officers Public service commission Attorney general Clerical assistants Cooperation 10 ' The State Forestry Laws leaflets which have been already published are as follows : No. 1, Wisconsin ; No. 2, Louisiana ; No. 3, North Carolina ; No. 4, Maryland ; No. 5, Missouri ; No. 6, Texas ; No. 7, Virginia ; No. 8, Idaho ; No. 9, Oregon; No. 10, Wyoming; No. 11, New Jersey (supply exhausted) ; No. 12, Washington ; No. 13, Indiana; No. 14, Minnesota ; No. 15, Montana ; No. 16, Illinois ; No. 17, Ohio ; No. IS. Connecticut ; No. 19. Massachusetts ; No. 20, New Ilampshire ; No. 21, Colorado ; No. 22, West Virginia ; No. 23. New York ; No. 24, Vermont ; No. 25, California. Requests for leaflets should always identity the particular ones desired by giving their respective num- bers, as here indicated, in addition to mentioning the names of the States. The laws of other States, so far as they 50797—21 1 have been compiled, are available only for loan, through the Forest Service Library, Washington, D. C. Whenever this leaflet or any other comprising a part of this compilation of State Forestry Laws Is reprinted for local use, please append thereto the following: Note. — This arrangement of the Forestry Laws of .... Is re- printed from State Forestry Laws, compiled and Issued In leaflet form by the Forest Service, U. S. Department of Agriculture. Similar leaflets for other States, so far as available, and information concerning forestry laws gen- erally will be furnished upon request addressed to The Forester, Forest Service, Washington. D. C. ♦ See footnote 13, attached to No. 11, on p. 24. ■'^'p> STATE FORESTRY I,AWS — PENNSYLVANIA. Synopsis of laws — ruiitiiiucil. Fire organization and activities — Continued. Reciprocal enforcement of tlie forestry, game and fish laws Distribution of costs of fire protection Investigation and education relative forest fires Publications Compulsory responsibility imposed for pro- tection of forest lands Public nuisance Brush and slash disposal Kindling fires in the open Railroads Traction and other portable steam en- gines Landowners' responsibilities I'ublic forests State forests Purpose Acquirement of lands and of surface rights Status of lands and of surface rights Disposal of lands Fixed annual charge on State forests, in lieu of taxes Receipts and proceeds Fires Timber trespass and other damage Fire and other warning notices Violation of rules and regulations Administrative officers' general powers and duties Synopsis of laws — Continued. Page. Public forests — Continued. State forests — Continued. Local officers and employees 18 Department of State police 18 Auxiliary State forests. (Auxiliary forest reserves) 18 Purpose 18 Status 18 Public control imposed by the State 18 Concessions granted by the State 18 Municipal forests 18 Purpose IS Acquirement of lands 18 .\dminIstratlon 19 Hi.sposition of proceeds 19 Alienation of lands 19 Officers' general powers and duties 19 Taxation 19 Auxiliary forest reserves 19 Purpose 19 Classification of lauds 19 Removal from classification 20 Annual, or general property, tax 20 Yield tax 20 Reforestation of the lands by the owner. 21 Public control imposed by the State 21 Concessions granted by the State 21 Commission's general powers and duties. 21 Text of laws 21 Group of acts constituting firewarden system prior to 1915 39 PURPOSE OF COMPILATION. The compilation of State Forestry Laws, of which this leaflet is a part, aims to meet a manifest need of the times for a work of reference by means of which the basic legislation underlying forestry administration in the several States, and the various activities there- under, may readily be studied and compared. To facilitate this purpose of comparing the legislation of one State with another, the Synopses introducing the laws in the several leaflets are classified and arranged to take up in a definite oi'der the various subjects usually covered in such legislation. To further extend this educational purpose, only such of the State laws as bear more or less directly upon the practice of forestry are here compiled, to the exclusion of all other timber and tree laws, all forest-insect and fuiigus-control laws, except general provisions, and all transitory provisions of law, including those concerning annual or biennial appropriations. For the same reason, those finer points of reference pi'oper only to a legal or administrative manual have also been omitted. Succeeding issues of each State leaflet, to form a separate series for each State, will serve to keep these funda- mental laws up to date and free from encumbrance by obsolete provisions. SYNOPSIS OF LAWS. GENERAL FORESTRY ORGANIZATION AND ACTIVITIES. Department of Forestry, and State Forest Commis- sion (fmuierly. State Forc-itrji Rencrvation Com- mission), with their Bureau and Office organization. Consist of the Coiiimis!3ioner of Forestr.v and four other citizens, the Commissioner being the President and e.xecutive officer of the Commission (Nos. 11 (ii) ; 13) ; and all of saipoint and assign to selected lines of work Forest Officers specially qualified therefoi', to act as Chiefs and Assistant Chiefs of said Bureaus and Offices, whenever ami to the extent that the Commission may itccui such Assistant Chiefs necessary, and also as Histrict Foresters, Foresters, and Forest Hangers: and employ and assign to duty other necessary per- sonnel ; and fix their comi)eusation. Nos. 11 (e), (d) ; 13; 120. Enforce forest laws, and adopt and execute rules and regulations thereunder. Nos. 11 (d), (e), (g) ; 13. I)i\ide the State into such Forest Districts as the Commission may deem necessary for general adminis- trative purposes (see "Forest Districts," on p. J/) ; and assign District Foresters to take active charge thereof, and also such Foresters, Forest Rangers, and other help as may be necessary. No. 11 (d), (e). Grow and distribute young forest trees and give neces- sary instructions and assistance in planting the same. Nos. 79; SO; 81; 11 (d). .Approve selections of lands for National Fcu'csis. No. 48. Notify all forest officers and employees of require- ments concerning safeguarding the State's forestry, game, and fish interests; and refer to the proper de- partment all reports received in regard to violation of laws in relation thereto. No. 82. Report upon the work of the Department, and also issue individual publications furnishing information in regard to forest lands and forestry. Nos. 11 (d) ; 13. Apportion to the several appropriations for the De- partment the proportionate amounts to be paid there- from for expenses incurred, respectively, for forest protection and for other line.s of administrative work. No. 92. Perform various additional duties in connection with forest fires. State forests, and forest taxation; which see under the following captions, respectively : " Fire organization and Activities," p. 5; "Public Forests," 1>. 14 ; " Taxation," p. 19. Commissioner of Forestry. Is appointed by the Governor, with the advice and consent of the senate, for a term of four years, and is required to be a technically trained forester. No. U (a), (f). Receives a salary of ifS.OOO per annum, and traveling expenses. No. 14. Is required to give l)on(l. No. 19. Has office and supplies furnished him at the State capitol. No. l.j. Is President and Executive Officer of the Commission. No. 13. For the powers and duties of which, see " De- liartment of Forestry and State Forest Commission," a hove. Deputy Commissioner of Forestry. Is appointed liy the Governor ; and is required to be a technically trained forester. Nos. 22 (a) ; 11(f). Receives a salary of $6,000 per annum. No. 14. Note. — From the character of the office, it may reasonably be presumed, in the absence of any specific provision on the subject, that the Deputy Commissioner acts under the direction of the Com- missioner, and also acts for, and performs the duties of the Commissioner in his absence. Is required, under penalty, to safeguard, in a reason- able w'ay, the State's forestry, game, and fish inter- ests. No. 82. Chiefs and Assistant Chiefs of Bureaus and OflBces. .Vre forest officers, appointed by tl\e Connnission, and assigned thereby to act as such chiefs and assistant diiefs. and who are required to he specially qualified to [lerform the duties thereof — the Chiefs and Assist- ant Chiefs of the Bureau of Operation, Forest Protec- tion, and Silviculture, and the Chief and Assistant Cliief of the Office of Research being also required to be teclmically trained Foresters. Nos. 11(e), (f) ; 86. Receive compensation in amounts fixed by the Com- mission, subject, however, to the provision, " That the salary of any of the chiefs of bureaus and offices shall not exceed the sum of five thousand dollars per annum." No. 11(e), (c). See also No. 88. District Foresters. .\ie technically trained foresters, appointed by the Commission, and assigned thereby to take active charge of Forest Districts, for which work they must he especially qualified ; and are subject to the author- ity and control of the Commissioner. Nos. 11(d), (e), (f); 85. STATE FORESTRY LAWS — PENNSYLVANIA. Receive a .salary fixed by the Commission, No. 11(e) ; and necessary expenses. No. 92. Perform such duties as are required to effect the pur- poses for which the Forest Districts are established. See Forest Distriels, on p. J/. Are required, under penalty, to safeguard, in a reasonable way, the State's forestry, game, and fish interests. No. 82. Other Officers and Employees. Foresters and Forest Rangers — Are appointed by the Commission, and assigned thereby to selected lines of work for which they must he specially qualified; with the added requirement, in the case of Foresters, that they shall be educated and trained in forestry. No. 11(d), (e), (f). Receive compensation in amounts fixed by the Com- mission. 11(e) ; and necessary expenses. No. 92. Are required, under penalty, to make reports to the Department, upi>n all cases coming to their knowledge of violation of any of the forestry, game, or fish laws of the State, and to safeguard, in a reasonable way, the State's forestry, game, and fish interests. No. 82. Forest Wardens — Members of the State Police Force are authorized and empowered to act as Forest Wardens. No. 138. Specialists to Combat Destructive Agencies Other tlian Fires — Are assigned to the Bureau of Forest Protection by the Commissioner, who fixes their salaries at rates not to exceed the amounts usually paid for such services ; their salaries being paid out of the general forest protection approprialion. No. 120. For other inisccUancotis personnel, see, under "Administrative Officers' General Powers and Duties," on p. 16, the powers of such officers to employ and assign to duty necessari/ assistants, and labor. May enter upon lands in tlie discharge of their duties. No. 103. Are required, under penalty, to safeguard, in a reasonable way, the State's forestry, game, and fish interest.s. No. 82. Game and Fish Officers — Are required, under penalty, to safeguard, in a reason- able way, the State's forestry, game, and fish interests. No. 82. Department of State Police. Is required to aid in the enforcement of all laws re- lating to forestry, game, fish, and water supply (No. 138) ; and may, with the approval of the Governor, be called upon, by any other department of the State, to enforce all laws or regulations applicable thereto. No. 138 (a). Reciprocal Enforcement of the Forestry, Game, and Fish Laws of the State. Is required of each of the departments and of all the officials therein ; their powers being extended accord- ingly, and the following duties imposed upon them: The officials of each department are lequired, under penalty, to make reports to their respective departments upon all cases coming to their knowl- edge of violation of any of tlie forestry, game, or fish laws of the State, for due reference, if neces- sary, to the department having charge of the sub- ject in question, and for ijrosecutiou of the offend- ers, under the direction of such department. No. 82. Every person connected with said departments, and under pay of the State, is required, under penalty, to safeguard, in a reasonable way, the State's forestry, game, and fish interests. No. 82. The respective heads of the departments are re- quired to notify their employees of the obligations so imposed upon them. No. 82. Forest Districts. .Vre established by the Commission in order to facill- t..te its work for the following purposes: To administer, protect, develop, and utilize the State Forest lands and resources. No. 11(d) ; To protect all forest lands in the State from forest fires, fungi, insects, and other enemies. No. 11(d) ; To promote and develop forestry and knowledge of forestry throughout the State. No. 11(d) ; To advise and assist landowners in the planting of fores and shade trees. No. 11 (d) ; To render reports uix)n the conduct of the Depart- ment. No. 11(d) ; To obtain and publish information respecting forest lands and fore.stry in the State. No. 11(d) ; To assist in Arbor Day work ; and promote and advance any other activit.'' ^fi local forestry which the Department may deem helpful to the public interests. No. 11(d) ; To execute its rules and regulations for the protec- tion of forests from fire and depredation. No. 11(d). State Forest Nurseries. Supply young forest-trees for planting by the Depart- ment, and also, in event of excess stock, for distribu- tion to applicants (without charge, further than cost or boxing and shipping), under agreement by the applicant to plant the same in accordance with regu- lations by the Department — sale thereof being pro- hibited. Nos. 79; 80; 81. Are managed by the Department. Nos. 79 ; SO ; 81. STATE FORESTKY LAWS PENNSYLVANIA. Cooperation. H.v the State with the Fodoral Government i.s author- ized, under approval of the State Forest Commission and the Water Supply Commission, for the purijose of enabling the United States to acquire title to lands for National Forests and to provide for the liianage- ment thereof (Nos. 48-52), subject to the following conditions : Concurrent jurisdiction with the United States is retained by the State in and over such lands in re.spect to the execution of civil and criminal processes. No. 48. State Forest lands are not subject to condenma- tion for sucii purposes. No. 51. P.y the Department with the Board of Game Commis- sioners, and the Department of Fisheries is required. in order to insure reciprocal enforcement of the for- estry, game, and fish laws of the State. No. 82. Investigation and Education. Are promoted by the collection and publication of for- estry data. Nos. 11 (d) ; 1.3; 87 (e), (f), (g) ; 91 (b). Publications. .\ro issued by the Counnissioner in the form : Of reports upon the progress and general manage- ment of the work of the Department. Nos. 11 (,d): S7 (e), (f), (g). Of individual publications concerning the extent and condition of forest lands in the State, and furnishing such information in regard to forestry and other related matters as may be deemed ad- visable. Nos. 13; 11 (d) ; 87 (f), (g). FIRE ORGANIZATION AND ACTIVITIES. Department of Forestry and State Forest Commis- sion. Direct operation of the Bureau of Forest Protection, established therein. No. 85; 11(c). Fix rate per hour of compensation of Local Forest Firewardens. No. 97. Commissioner of Forestry. Has executive charge and control of the personnel of the Bureau. No. 85; 11 (c) ; 13. Appoints a forester in tlic employ of the Deiiartment to be Chief of the Bureau of Forest Protection, who, by \irtue of his appointment, becomes also Chief Forast Firewarden. No. 86. Assigns duties to district firewardens whenever neces- sary. No. 91 (i) Hears and disposes of charges against firewardens. No. 107. Assigns clerical assist...,its to the Bureau. No. 80. Cooperates in fire protection work : Vnder General Authority Given the Department — With county, township, municipal, and private agencies. No. 123. With the Board of Game Commissioners, and the Department of Fisheries, through reciprocal en- forcement of the forestry, game, and fish laws of the State. No. 82. I'Hilcr Direct Authority Given Him — With persons, firms, corporations, and a.s.socia- tions, through approval of agreements entered into, by the Chief Forest Firewarden, with such agencies. No. 87 (j). Enforces rules and regulations prescribed by the Com- mission for protection of forests from fire. Nos. 13 ; 11 (d). (ei. Files information concerning violation of forest tire laws, with Attorney General, for legal action. No. 87 (p). .\pproves rate of compensation for fire-fighting labor- ers, fixed by the Chief Forest Firewarden. No. 106. Furnishes forms for fire-fighting expense accounts. No. 96 (b). .\udits and approves montlily expense accounts for forest fire protection work under cooperative agree- ments autliorized by act 361, L. 1915, and transmits them to the Auditor General (No. 123) ; and also transmits to the Auditor General bills for forest fire protection work which have been audited by the Chief Iforest Firewarden, under authority of act 353. L. 1915. \o. 87 (1). .Vutliorizes the ('ilucalis. No. 87 (k). I>irects publication of the annual report of the Chief Forest Firewarden, with list of Firewardens (No. 87e), and the publication of such maps, drafts, and tables, submitted by the Chief Firewarden, as ma.v be deemed iidvisable, eitlier as a part of said report or as a separate bulletin. No. 87 (f), (g). Note. — Under the fire protection system (Nos. 152-180) which preceded the present system, the Commissioner acted as Chief Firewarden. (Sef. footnote 29, on p. .39. ) 6 STATE FORESTRY LAWS PENNSYLVANIA. Deputy Commissioner of Forestry. Note. — As regards the present duties, in general, of the Depnt.v Commissioner, wliicli include the matter of forest tires, see note on p. 3, under the heading "Deputy Commissioner of Forestrii." Under the previous fire protective system, the Deputy Commissioner acted as Deputy Chief Fire- warden. (See No. 160; and also footnote 29, on p. 39.) Foresters and Forest Rangers. Are Forest Firewardens, ex officio (No. 99), in addi- tion to being required to enforce all laws relating to forestry. No. 82. See also "Special and Ex Officio Firetvardens," on p. 9; and " Foresters and Forest Rangers," on p. 1/. Bureau of Forest Protection. Is established within the Department ; and its execu- tive officer, who is appointed by the Commissioner, is designated Chief of the Bureau of Forest Protection, and is a technically trained forester, especially quali- fied for the work ; who, with the other personnel, is subject to the supervisory control and direction of the Commission and Commis.sioner. Nos. 85; 86; 11 (e), (f), (c). An Assistant Chief of the Bureau may also be ap- pointed or assigned thereto, in the discretion of the Commission. No. 11 (e). Compensation of its officers and employees is fixed by the Commission — the maximum amount of salary, in the case of the Chief of the Bureau, being $5,000 per annum ; and all salaries, wages, and expenses of the Bureau are paid from the appropriation for forest protection. Nos. 11 (e), (c) ; 88. Chief Forest Firewarden. Is the Chief of the Bureau of Forest Protection, who, by virtue of his app(jintment, becomes also the Chief Forest Firewarden ; and is subject to the supervisory control and direction of the Commission and Commis- sioner. Nos. 86; 85; 11 (c). Receives compensation in his capacity as Chief of the Bureau. No. 88. Concerning the amount and payment of such compensation, see " Bureau of Forest Protec- tion," above. Takes such measures for the prevention and ex- tinguishment of forest fires as will insure a reason- able protection to woodlots, forests, and wild lands within the State. No. 87 (a). See also footnote 2y, on p. 39, concerning reorganization of the earlier fire protection system in order to make it conform to this present system. Enters upon lands for fire protection purposes, and otherwise discharges his firewarden duties without in- curring personal liability (Nos. 103; 105); all at- tempts at hindering him being prohibited under a penalty of fine or imprisonment, or both (No. 115), in conjunction with the right of appeal to the Commis- sioner being reserved to all who may feel aggrieved by the act of a Firewarden. No. 107. Organizes and manages the present system of Forest Firewardens ; and, in doing so, reorganizes the former system (see Nos. 152-180) to conform thereto as rapidly as possible. No. 87 (b), (c). See also foot- note 29, on page 39. Assigns duties to District Firewardens whenever nec- essary. No. 91 (i). Appoints : Local Firewardens upon recommendation of the District Firewardens, or upon his own personal knowledge of their fitness, when there is no District Firewarden for the fire district in ques- tion (Nos. 91 (c) ; 93; 94) ; and appoints them to serve as Watchmen or Patrolmen, whenever conditions require such services. Nos. 87(1) ; 96 (f). Special and Ex Officio Forest Firewardens; and may change or extend their duties. No. 98. Enters into agreements, with the consent of the Commissioner, with persons, firms, corporations, and associations, upon satisfactory terms, for prevention and control of forest fires. No. 87 (j). See also Nos. 123; 91 (h). Organizes and operates a system of fire-towers and lookout stations; purchases material and equipment therefor, and hires the necessary labor. No. 87 (h). Has authority, when property constitutes a special forest fire hazard, to declare it a public nuisance : and notifies and advises the owner as to abatement or removal. No. 87 (n), (o). See also No. 116. Prescribes, under approval of the Public Service Com- mission, regulations to prevent railroads from caus- ing forest fires (No. 109) ; and, when necessary, issues notices to railroads requiring compliance therewith within a stated time limit. No. 118. Employ.s, or impresses, assistance in extinguishing forest fires (No. 101) ; and fixes rate of compensa- tion for such ser\ices, under approval of the Com- missioner. No. 106. Audits bills for forest fire protection work under act 353, L. 1915; transmits to the Conmiissioner such as are correct and have been presented within the 60- days time limit ; and, upon receipt of checks there- tor, forwards same to the payees. Nos. 87 (1), (m). STATK KORESTR'S' LAWS PENKSYLVAXIA. Adiiiiuisters oaths or atlinnations to persons who fur- nish information concerning forest fires, or who claim compensation for services rendered. No. 102. .\rrests, witliout warrant, persons detected in tlie act of violating any of the laws for the protection of for- ests, woodlots, timber, or wild lands, or when there is reasonable evidence to that effect or for believing that such offense is about to be committed ; and takes the offenders before a justice of the peace or other magis- Irate for hearing, trial, or other jiroccss of law. No. KM. ■Submits to the Commissioner, for legal action, in- formation concerning violation of forest tire laws. No. 87 (p). ('(iiiilMcts educational work concerning forest fires iMiilei- approval of the Commissioner. No. 87 (k). Compiles forest tire data for the information of the Commissioner and the public ; the maps, drafts, and tables being published in the discretion, and under the direction of the Commissioner, either as a part of the annual report of the Chief Forest Firewarden or as .separate bulletins of the Department. No. 87 (f), (g). Makes annual rejiort to the Commissioner ; which, with a list of the Firewardens is published by the Department. No. 87 (e). Is required, under penalty, to safegtiard in a reason- able way, the State's forestry, gann-, and fish in- terests. No. 82. Is criminally liable for neglect of duty or falsifying accounts, or for failure to settle promptly for services rendered by others, and subject to a fine of not ex- ceeding $100, or imprisonment not to exceed three months, or both fine and imprisonment (No. 113) ; the fines being paid into the county treasury. No. 119. Subordinate Forest Firewardens. district Firewardens — Are District Foresters, who, iu virtue of their appoint- ment, become also District Firewardens (No. 90) ; and who are subject to the supervisory control and direction of the Commission and Commissioner. Nos. S.->; n (c). lieceive compensation in their capacity as District Foresters. Concerning the mutter of such salaricK am! rxpcnscK. ner " I^i.^trict Fore.x. 123: S7 (;"). Arrest, without warrant, persons detected in the act of violating any of the laws for the protection of forests, woodlots, timber, or wild lands, when there is reasonable evidence to that effect or for believing that such offense is about to be committed ; and take the offenders before a justice of the peace or other magistrate for hearing, trial, or other process of law. No. 104. Administer oaths to persons who furnish information concerning forest fires, or who claim compensation for .services rendered. No. 102. Receive, audit, and approve, before submitting to the Chief Forest Firewarden, reports and accounts of the Local Firewardens, No. 91 (f ) ; and in the case of fire accounts are required to forward them within sixty days from the date of the fire. No. 96 (b). Coniluct educational work. No. 91 (h). Are responsible for the i-ollection of forest fire data. No. 91 (b). .\re required, under penalty, to safeguard in a reason- able way, the State's forestry, game, and fish interests. No. 82. 8 STATE FORESTRY LAWS PENNSYLVANIA. Perform such other duties as may be assigned them by thither the Couiinissioner or the Chief Fol'est Fire- warden. No. 91 (1). Are criminally liable for neglect of duty or falsifying accounts, or for failure to settle promptly for services rendered by others ; and are subject to a fine therefor not exceeding .^100, or imprisonment not to exceed three months, or both fine and imprisonment. (No. 113) ; the fines being paid into the county treasury. No. 119. Note. — The firewarden system which preceded the present system also made provision for the appointment of District Firewardens and as- signed tlieni duties (see No. 161, et seq.; and also footnote 29, on p. 39). Local Forest Firewardens — Are appointed by the Chief Forest Firewarden, in such localities as he may deem best, upon recommen- dation of the District Firewardens for the several fire districts, or, where there is no District Fire- warden, upon personal knowledge on tlie part of the Cliief Forest Firewarden, as to their fitness. (Nos, 91 (c) ; 93; 94) ; and are subject to the authority and control of the Commissioner. No, 85. Are required to possess the following qualifications : Physical fitness, sobriety, honesty, and ability to per- form the duties of their ofllce. No. 93. Are furnished certificates of appointment, and may be given badges, in the discretion of the Chief Forest Firewarden. No. 95. Receive compensation at a rate per hour to be fixed, from time to time, by the commission, not exceeding a maximum of .^O cents per hour for time actually employed, and ex|ienses ; the total amount that may bo paid, from the forest protection appropriation to a Local Forest Firewarden, in any one month, being limited to a sum not to exceed .$75, unless he shall have been regularly employed as a i)atrolman or otherwise. No. 97. Take prompt measures to extinguish forest fires on both State and private lands. No. 96 (a). Employ or impress, needed as.sistance in extinguishing forest fires. No. 101. Enter upon lands for fire protection purposes, and otherwise discharge their firewarden duties without incurring personal liability (Nos. 103; 105), all at- tempts at hindering tliem being prohibited under a penalty of fine or ini|)risonment. or both (No. 115) ; in connection with which, the right of appeal to the Commissioner is reserved to all who may feel ag- grieved by the act of a Firewarden. No. 107. Investigate causes of fires and report evidence and other facts to the Chief Forest Firewarden. No. 96 (c). .\dminister oaths or affirmations to persons who fur- nish information concerning forest fires or who claim compensation tor services rendered. No. 102. File fire-flghting expense accounts with the District Firevfardens, for forwarding to the Chief Forest Fire- warden ; and transmit, to payees, checks received from the State treasury. No. 96 (b), (d). See also No. 108, prohibiting payment of compensation, under Act 35S, L. 1915, for fire-pjliting services, to any owner or lessee of land on which fire may hum or be started, or to any employee thereof, or other inter- ested party; or payutcnt by a Firewarden for such services, to any person responsible for the spreading of a fire to a looodlot, fm-est, or wild Innd, or to any one in his employ. Serve as Watchmen and Patrohueu when so appointed by the Chief Forest Firewarden (No. 871) ; and as such perform whatever duties may be assigned them by either the Chief Forest Firewarden or the District Firewardens. No. 96 (f). Issue permits for setting fires, during the open sea- sons, on forest lands on which there are oil- or gas- producing wells ; and are required to be present when such fires are started. No. 29. .\rrest, without warrant, persons detected in the act of violating any of the laws for the protection of for- ests, woodlots, timber, or wild lands, when there is reasonable evidence to that effect or for believing that such offense is about to be committed ; and take the offenders before a justice of the peace or other magis- trate, having jurisdiction for hearing, trial, or other process of law. No. 104. See also No. 22, for .Hmilar authority granted all persons employed by the Com- missioner for protection of State Forests. Attend annual district meetings of Firewardens when notified, or present a reasonable excuse. No. 96 (o). .Are required, under penalty, to safeguard in a reason- able way, the State's forestry, game, and fish interests. Xo. S2. Are criminally liable for neglect of duty or falsifying accounts, or for failure to settle promptly for services rendered l)y others; and subject to a fine therefor not exceeding .$100, or imprisonment not to exceed three months, or both fine and imprisonment (No. 113) : the fines lieing paid info the county treasury. No. 119. Note.— The firewarden system which preceded the present system also made provision for the STATE FOKESTRY LAWS — PENNSYLVANIA. nppoiiitniont of a class of Firewardens corre- sponding in f-'rade to tliese Local Firewardens, under the title o( Assistant Firewardens, and provided for tlieir powers and duties (.see Nus. 162, JOG, ct seq.) It also provided for the em- ployment of substitutes when necessary {see No. 172). Hcc also Footnote 29, on p. 39. Special and Ex Officio Forest Fireicardots — May be appointed by the Chief Forest Firewarden, to serve without compensation olher than their expenses (Xos. 98; 100) ; and Foresters and Forest Rangers are also Forest Firewardens, ex officio. No. 99. Have tlie same power and authority as Local Forest Firewardens (see above, "Local Forest Fire- wardens,") ; their duties being subject to change or extension Ijy the Chief Forest Firewarden. No. 98. .Vre criminally liable for neglect of duty or falsifying their accounts, or for failure to settle promptly for services rendered by others ; and subject to a fine not exceeding .$100, or imprisonment not exceeding three months, or both fine and imprisonment (No. 113) ; the fines being paid into the county treasury. No. 119. Note 1. — The firewarden system which pre- ceded the present system also constituted the em- ployees of the Department Ex Officio Firewardens, anil assigned them duties {.sec Xis under tliis heading, on p. IS. Concessions Granted by the State. Sec ^j/nopnis under this heading, on p. IS. Commission's General Powers and Duties. Prescribes form of application for classification of lands. No. 68. Determines suitability of lands described in applica- tion ; and certities as to the same, to the County Com- missioners. No. 68. Secures written agref^nent from owner to care for trees in accordance witli instructions and directions from the Commission ; and, if necessary, secures, at the time of classification of the lands, a bond from the owner, guaranteeing his good faith throughout the entire tran.saction. No. 69. Certifies to tlie several school and road districts which contain Auxiliary Forest Reserves, and also to the State Treasurer, the number of acres of lands classi- fied therefor, and the charges thereon, and issues war- rants for payment of the amounts. No. 66. Directs thinnings and clearing out undesirable species of trees and removal of trees for use for general farm purposes upon any neighboring cleared lands belong- ing to the owner. No. 72. Determines, through an examination of the lands, made either at the request of the owner or upon its own initiative, what mature trees, if any, shall be cut, and designates the ones to l)e cut and removed ; and gives instructions in regard to the removal and marketing of the timber. Nos. 70 ; 71. .\pproves reforesting of the lands by the owner. No. 71. Removes lands from classification, upon request of the owner, or for failure of the owner to comply with requirements in regard to the care of the trees, or concerning harvesting and marketing the timber, or renewing the tree-growtli ; and, gives notice of re- moval to the County Commissioners. Nos. 69 ; 71. TEXT OF LAWS. Note. — The abbreviation. " Pur. Dig.," used in tliis leaflet, has reference to Stewart': (vols. 1-4) and the 1916 .supplement thereto (vols. 5-7). Purdon's Digest, 13th ed. No. 1. Whereas, It has been represented that numbers of persons are in the custom of setting fire to the woods for different purposes, thereby producing an extended conflagra- tion, injurious to the soil, destructive to the timber, and the infant improvements within the State ; therefore. And be it further enacted by the authority aforesaid. That where any person or persons, so offending as thereby to occa- sion any loss, damage, or injury to any other person or per- sons, every such person or persons so offending shall be and hereby are declared liable to make satisfaction for the same, in any action or actions on the case, to be brought by the " The order of arrangement of the laws follows the chrono- logical order in which tliey were passed. party or parties grieved, in the court of common pleas of the county in which the offense was committed. [L. 1794 (3 Smith), p. 139, preamble and sec. 2=2 Pur. Dig., p. 1745, sec. 41.] Xo. 2. Where any party is injured, and shall not demand .ibove fifty dollars for his loss or damage, it shall and may be lawful to and for such person or persons to apply to any justice of the peace of the county where the offense is com- mitted who is hereby empowered and required, by warrant unvier his hand and seal, to cause tlie party offending to be brought before him or some other Justice of the peace of the same county ; and if, upon examination, it shall appear to the justice, by the testimony of one or more credible witness or witnesses, that the defendant is guilty of the charge ex- hibited against him, then the said justice shall issue his war- 22 STATE FORESTRY I.AWS — PENNSYIA'ANIA. raut to two or more freeholders of the neighborhood, thereby commanding them, in the presence of the defendant, if he will be present, to view the place or thiu); damaged, or in- quire into the loss sustained by the plaintiff, and to certify to the said justice, under their oath or affirmation, what damage, in their Judgment, the plaintiff hath sustained by occasion of the premises ; and upon the return of such cer- tificate to the said Justice, he is hereby empowered to grant execution for the recovery of the said damages, together with the costs of prosecution, as is usual in the recovery of debts under ten pounds : Provided, That if any person or persons shall apprehend him, her or themselves aggrieved by the determination of any Justice of the peace, in consequence to this act, he, she or they shall have a right to appeal from the Judgment of the said Justice to the next court of com- mon pleas of the proper county. [L. 1794 (3 Smith), sec. 3=2 Pur. Dig., p. 1746, sec. 42.] No. 2 (a). NOTE.— Section 1 of act 1206, L. 1S70, as amended by section 1 of act 228, L. 1897, has been placed under the caption, " Croup of Acts Constituting Firewarden Sys- tem Prior to 1915." -See No. 152. yo. S. Be it enacted, &c.. That it shall be the duty of the several assessors of this Commonwealth, in their return of real estate to the commissioners of the proper county, at the next triennial assessment, and at each triennial assessment thereafter, to make return of all the timber land in their proper district by specifiying in separate columns, how many acres each tract contains of cleared land, and how many in timber. [L. 1883, act 100, see. 1=4 Pur. Dig., p. 4628, sec. 201.] No. 4. Be it enacted, &c.. That from and after the first day o£ J.nnuary, A. D. one thousand eight hundred and ninety- eight, whenever any unseated lands within this Common- wealth shall, under existing laws, become liable to sale by the respective county treasurers or the county commissioners for nonpayment of taxes, it shall be the duty of such treas- urers and commissioners to publish a notice once a week for six successive weeks in at least two newspapers of general cir- culation within the county in w'hich the lands lie, and if two newspapers be not published in said county, then in one newspaper in or nearest to the same, which notice shall con- tain the names of the owners when known, the warrant num- bers, names of warrantees when known, the number of acres contained in each tract, the township in which the same is located, and the suras due upon each tract for taxes ; and further to mail to * * * »" the Commissioner of Forestry each, ten copies of such printed advertisement immediately upon publication thereof. [L. 1897, act 10, sec. 1=2 Pur. Dig., p. 1742, sec. 16.] No. 5. It shall be the duty of the Commissioner of For- estry to inquire into and examine the location and character of unseated lands advertised by the respective county treas- urers and the county commissioners of this Commonwealth for sale for the non-payment of taxes, and if in his judgment the same are so located and are of such a character as to make them desirable for the Commonwealth for the purpose of creating and maintaining a Forestry Reservation, he shall have power, at his discretion, to purchase any such lands for aud in behalf of the Commonwealth at such tax sales, .sub- ject to the right of redemption under existing laws : Pro- vided however. That the bid made and the price paid for said lands, shall in no case exceed the amount of taxes for the non-payment of which the same are being sold, and the costs. For all purchases so made in behalf of the Common- " Jurisdiction concerning forestry matters has since been transferred from the Department of Agriculture to the Department of Forestry ; hence, this deletion. Nos. 11 ; 13. wealth, the Auditor General shall draw his warrant upon the State Treasurer to the order of the county treasurer, upon certificate filed by the Commissioner of Forestry with the said Auditor General : Provided further. That the Commis- sioner of Forestry shall have i)ower to purchase unseated lands other than such as are advertised for sale for the non- payment of taxes, upon such terms and conditions as may be agreed upon with the owners of such lands : Provided, That such purchase shall be approved by the tJovernor and the Board of Property, consisting of the Attorney General, Secretary of the Commonwealth, and Secretary of Internal Affairs. And provided further. That in no case shall the price paid for such unseated land exceed the assessed value of the same. For all purchases so made in behalf of the Commonwealth the Auditor General shall draw his warrant upon the State Treasurer to the order of the grantor, upon certificate filed by the Commissioner of Forestry, with ap- proval as afore.sald : Provided. That in no case shall the amount paid for any tract of land purchased uuder the pro- visions of this act exceed the sum of five " dollars per acre. [L. 1897, act 10, sec. 2; L. 1899, act 81, see. 1=2 Pur. Dig., p. 1743, sees. 17, 18.] No. 6. In the event of redemption of said lands, the re- demption money paid shall be remitted to the State Treas- urer by the county treasurer with a statement describ- ing the tract of land so redeemed. TL- 1897, act 10, sec. 3=2 Pur. Dig., p. 1743, see. 19.] No. 7. The title to all lands so purchased, and not re- deemed after the expiration of the time limited for the re- demption, shall be taken as vested in the Commonwealth to the same extent, and with like effect as though such pur- chase had been made by an individual at such sale, and the county treasurer shall certify to the * * * '" [Commis- sioner of Forestry] lists of all lands purchased in behalf of the Commonwealth and not redeemed within the time lim- ited for such redemption, with a description of each tract as required by section one of this act, aud thereafter such lands shall not be subject to further taxation while the same are owned by the Commonwealth. It shall be the duty of the * • * '° [Commissioner of Forestry] to keep a record in a book, to be especially provided for that purpose, of all the lands so acquired by the Commonwealth, with full description of each tract, the character of the same, the date of purchase, the price paid, when the title became absolute, or if redeemed, the date of redemption. [L. 1897, act 10, sec. 4^2 Pur. Dig., p. 1743, sec. 20] No. 8. The lands so acquired by the Commonwealth shall be under the control and management of the * * * *" [Department of Forestry] and shall become part of a for- estry reservation system, having in view the preservation of the water supply at the sources of the rivers of the State, and for the protection of the people of the Commonwealth and their property from destructive floods. [L. 1.897, act 10, sec. 5=2 Pur. Dig., p. 1742, sec. 21.] No. !). Be it enacted, &c.. That if any person or persons shall be detected by any constable or other peace officer, in the act of trespassing upon any forest or timber land within this Commonwealth, under such circumstances as to warrant the reasonable suspicion that such person or persons have committed, are committing, or are about to commit, some otfense or offenses against any of the laws now enacted or hereafter to be enacted for the protection of forests ami timberland. such constable or other peace officer shall have " This restriction of purchase price to not exceed five dollars per acre has been rendered inoperative by subsequent legislation, which places the limitation at not to exceed ten dollars per acre. See No. 8//. STATE FORESTRY LAWS — PENNSYLVANIA. 23 nuthority at once, without first procuring a warrant there- for, to arrest on Tiew such person or persons, with like effect as though such warrant had first been procured. [L. ISOT, act L>5, sec. 1=2 Pur. Dig., p. 1751, sec. 62.] See also -Vois. 2i ; ID',. >... }» (a). .\OTK.- .Sfcilnii 1 of act 228. L. 1S9T. has been placed under the caption, "Group of Acts Constituting Firewarden System Prior to 1015." See No. 152. >•<>. 10. Note. — Act 14. L. 1899, has been placed under the caption. " Croup of Acts Constituting Firewarden System Prior to 1915." See Nos. 153-136. No. 11. (a) Be it enacted by the Senate and Uouse of Rep- resentatives of tlie Commonwealth of Pennsylvania in Gen- eral Assembly met, ,ind it is hereby enacted by the authority of the same. That there be and is hereby established a Depart- ment of Forestry to consist of a Commissioner of Forestry and four other citizens of tlie Commonwealth, who together shall constitute the State Forest Commission each of whom sliall be appointed and commissioned by the Governor by and with the advice and consent of the Senate, for terms of four years each, the present Commissioner of Forestry and members of the State Forestry Reservation Commission to serve for the terms for which they have heretofore been appointed and confirmed and thereafter as new appointments shall be made for the full term of four years each. (bt The Commissioner of Forestry and the State Forest Commission shall be clothed with all the powers heretofore conferred by law upon the State Forestry Reservation Com- mission. '= or which shall hereafter be conferred on the Com- missioner of Forestry or the State Forest Commission, with full power by and with the consent of the Governor to aciiuire by purchase or by condemnation proceedings any suitable lands in any county of the Commonwealth which in the judgnii'nt of said Commission the State should possess for the purpose of holding, maintaining, and developing a.s State Forests, Provided. That the amount expended for the acquisition of lands for State Forest purposes in any biennial appropriation period shall not exceed the appro- priation for that purpose for such period. (c) The Commission shall have full power to manage, control, protect, maintain, utilize, and develop all lands which may be acquired under the provisions of this act, as well as those which have heretofore been purchased and are now owned and maintained as State Forests under e.xisting law, and may in addition to the Bureau of Forest Protection established in the IJ(^partment of Forestry by .\ct of June third, one thousand nine hundred fifteen, entitled, " .\u act to establish a Bureau of Forest Protection within the Department of Forestry, designating the officers wiio shall constitute the Bureau, their duties and salaries, prescribing penalties for the violation thereof, and repealing all laws, general, special, or local, or any parts thereof that may be inconsistent with or supplied by this act" (Pam- phlet Laws, page seven hundred ninety-seven), organize in the Department of Forestry the following Bureaus ami Offices : Bureau of Operation, Bureau of Silviculture, Bureau of Lands, Office of Research, Office of Information. Office of Maintenance, and shall assign the powers and duties of the Department of Forestry as now established by this or any other act or hereafter established by law to and divide such duties and powers among the above identified Bureaus and Offlci-s (including the Bureau of Forest Protection i subic'ct. however, always to the complete supervisory control and direction of the State Forest Commission and the Commis- i=The powers previously conferred are contained in L. 1897, act 10 (see .Vo.'. i-8). and L. 1S97, act 228 {see Xo ISS). sioner of Forestry. Providing, however. That the salary of any of the chiefs of bureau and offices shall not exceed the sum of live thousand dollars per annum. (d) The State Forest Commission may divide the State into such convenient Forest Districts as it deems economical and efTective to administer, protect, develop, and utilize the State Forest lands and reseources, to protect all forest land in the State from forest flres, fungi, insects, and other enemies, to promote and develop forestry and knowledge of forestry throughout the State, to advise and assist land owners in the planting of forest and shade trees, to render reports of its conduct of the Department of Forestry, to obtain and publish information respecting forest lands and forestry in the State, to assist in .\rl)or Day work, and pro- mote and advance any other- activity in local forestry which the Department of Forestry may deem helpful to the public interest and to execute the rules and regulations of the State Forest Commission for the protection of forests from fire and depredation, and also may assign District Foresters to take active charge of such Forest Districts and also such Foresters. Forest Rangers, and other help for the adminis- tration of such Forest Districts as the Commission may deem necessary for the acrouiplishment throughout the State of the purpo.ses for which the Department of Forestry is established. (e) The Commission is also empowered to appoint and assign to selected lines of work Forest Officers to act as Chiefs of the Bureaus (including the Bureau of Forest Pro- tection) and officers also to act as Assistant Chiefs of said Bureaus and tllTiees whenever and to the extent it may deem such assistant chiefs necessary, and also to act as District Foresters, Foresters, and Forest Rangers, which Forest Ofli cers shall be especially qualified to perform the duties of the Bureaus, Offices, Forest Districts, and other divisions of the work of the Department of Forestry to which they shall be assigned ; and it shall also employ and assign to duty such surveyors, draftsmen, stenographers, and other assistants and labor, and such scientific assistants, and other em- ployees as may be necessary and needful for thi' control, pro- tection, maintenance, utilization, and development of the State Forests to fix their compensation and to establish such rules for the control, management, protection, utilization, and development of the State Forests as in their judgment will conserve the interests of the Commonwealth. (f) The Commissioner of Forestry, the Deputy Commis- sioner of Forestry, the Chiefs and Assistant Chiefs of the Bureaus of Operation, Forest Protection, and Silviculture, the Chief and Assistant Chief of the Office of Research, and the District Foresters and Foresters shall be persons educated and trained in Forestry. (g) Whenever it shall appear that the welfare of the Commonwealth with reference to reforesting and the better- ment of the State Forests with respect to control, manage- ment, protection, utilization, and development will be ad- vanced by selling or disposing of any of the timber on the State Forests, the Commission is hereby empowered to sell such timber on terms most advantageous to the State. Provided that the State Forest Commission is authorized and directed to set aside within the State Forests unusual or historical groves of trees or natural features especially worthy of permanent preservation to make the same acces- sible and convenient for public use and to dedicate them in perpetuity to the people of the Stale for their recreation and _en.ioynieut ; and the said (Commission is hcrel)y empowered to make and execnie contracts or leases in the name of the Commonwealth for the mining or removal of any valuable minerals that may be found in said State Forests whenever it shall appear to the satisfaction of the Commission that it would be for the best interests of the State to make such disposition of said minerals. Provided, The proposed con- tracts or leases of valuable minerals exceeding three hundred 24 STATE FORESTRY LAWS PENNSYLVANIA. dollars In value shall have been advertised once a week for three weeks in at least two newspapers published nearest the locality indicated in advance of said contract or lease. Said contracts or leases may then be awarded to the highest and best bidder who shall give bond for the proper performance of the contract, as the Commission shall designate. And the State Forest Commission is further empowered to provide by rules for any utilization of the land and resources of State Forests compatible with the purposes for which the State Forests are created, namely, to provide a continuous supply of timber, lumber, wood, and other forest products ; to protect the water sheds of the rivers and streams of the State ; and to furnish opportunities for health and recreation to the general public. [L. 1901, act 9, sec. 1=2 Pur. Dig., p. 1740, sec. 1 ; • * * ; as amended by L. 1921,^^ act 298, sec. 1.] No. 12. Note — Section 2 of act 9, L. 1901, has been supplied by the act contained in L. 1911, p. 163. See Noa. No. 13. That the Commissioner of Forestry shall be the President and E.xecutive Officer of the Forestry Reservation Commission, and also Superintendent of the State Forestry Reservations, and shall have immediate control and manage- ment, under the directiou of the Forestry Reservation Com- mission, of all forest lands already acquired or which may hereafter be acquired by the Commonwealth, but the power so conferred upon said Commissioner of Forestry shall not extend to the enforcement of the laws relating to public health [or the protection of flsb and game]." It shall be the duty of the Commissioner of Forestry to encourage and promote the development of forestry, and to obtain and publish information respecting the extent and condition of forest lands in the State, and to execute all rules and regu- lations adopted by the Forestry Reservation Commission for the enforcement of all laws designed for the protection of forests from fire and depredation ; and he is hereby em- powered to employ such detective service, and such legal or other services, as may be necessary for the protection of the forestry reservations owned by the Commonwealth and for the apprehension and punishment of persons who may vio- late any of the forestry reservation laws or any of the rules and regulations, which, under the powers herein given, may be adopted by the Forestry Reservation Commission : Pro- vided, That the services so employed and the expenses that may thereby be incurred shall be approved by said Forestry Reservation Commission and the Governor of the Common- wealth. IL. 1901, act 9, sec. 3=2 Pur. Dig., p. 1741, sec. 6.] Sec also Sos. 152; IST; 158. No. 14. The Commissioner of Forestry shall receive a sal- ary of eight thousand dollars per annum and the Deputy Commissioner of Forestry shall receive a salary of six thousand dollars per annum, and in addition thereto shall be reimbursed for all necessary expenses of travel which may be incurred in the discharge of the duties of their offices. The other members of the State Forest Commission shall serve without salary but shall be reimbursed for all necessary ex- penses incurred by them in the performance of the duties of their ofBce. [L. 1901, act 9, sec. 4=2 Pur. Dig., p. 1741, sec. 7 ; • * • ; as am. by L. 1921,", act 298, Sec. 2.] >' Authenticated copies of the 1921 legislation used in this leaflet were procured informally, from the ofEce of the Com- missioner of Forestry, in advance of the official publication of the volume of Session Laws. " The provision which Is here enclosed in brackets has been modified by subsequent legislation to the extent of making it the duty of all forestry officers to safeguard, in a reasonable way, the fish and game interests of the State. Nos. 82; 83. No. 15. The Commissioner of Forestry shall have an oCBce at the State Capitol, and it shall be the duty of the Board of Commissioners of Public Grounds and Buildings to pro- vide, from time to time, the necessary rooms, furniture, ap- paratus and supplies, for the use of the Department of I'orestry created under the provisions of this act. [L. 1901, act 9, sec. 5=2 Pur. Dig., p. 1741, sec. 8.] No. 16. Note. — Section 6 of act 9, L. 1901, Is omitted on account of its being obsolete. No. 17. Note. — While there has been no specific repeal of the provisions in section 7 of act 9. L, 1901, the eCEect of the present procedure — which makes specific appro- priations for the purposes covered by said section, and also makes available therefor all receipts from the sale of State forest land (see No. 151 (c)) — has been to render the provisions of said section 7 inoperative." No. 18. The title of all lands acquired by the Common- wealth for forestry reservations shall be taken in the name of the Commonwealth and shall be held by the Commissioner of Forestry, and such lands shall not be subject to warrant, survey or patent, under the laws of the Commonwealth authorizing th^ conveyance of vacant or unappropriated lands, and all such forestry reservation lands shall be exempt from taxation from the time of their acquisition. " [L. 1901, act 9, sec. 8=2 Pur. Dig., p. 1741, sec. 11.] No. 1!). The Commissioner of Forestry shall receive the moneys to which the State may be entitled by virtue of the sale of any timber, or by virtue of any leases or contracts relating to the disposition of minerals, as hereinbefore pro- vided, and he shall immediately pay the same over to the State Treasurer as a part of the revenue of the Common- wealth. The said Commissioner of Forestry shall give his bond to the Commonwealth, with two sureties, to be approved by the Governor, in the sum of ten thousand dollars, for the faithful discharge of the duties imposed by this act and for the proper accounting of any moneys to the Commonwealth that may come into his hands by virtue of his position as Commissioner of Forestry. [L. 1901, act 9, sec. 9=2 Pur. Dig., p. 1742, sec. 12.] See also Nos. 52(a); 53(6). No. 1» (a). That an act entitled, '' An act to limit the amount of money expended each year by the State Forestry Reservation Commission in the purchase of lands for the " Said section 7 reads as follows : The purchase money for lands acquired and all expenses that may be incurred, except the salaries of the Commis- sioner of Forestry and his clerk, shall be paid by the State Treasurer out of any moneys in the Treasury not otherwise appropriated, on warrant of the Auditor General, upon vouchers duly approved by resolution of the Forestry Reser- vation Commission and the Governor of the Commonwealth. [L. 1901, act 9, sec 7=2 Pur. Dig., p. 1741, see. 10.] " .\n opinion rendered by the .\ssistant Deputy Attorney General for Pennsylvania, .\pril 10, 1913 (see Pittsburg Leg.nl Journal, vol. 61, p. 319), .holds that the remaining provisions of this section (sec. 8, act 9, L. 1901) were re- pealed by I>. 1905, act 81. The said provisions read as follows : In all cases where lands have been purchased, or may hereafter be purchased, by the Forestry Reservation Com- mission for forest reservations, where there are public roads, regularly established, running into or through said land, the Commissioner of Forestry, under such rules and regulations as the Forestry Reservation Commission is hereby author- ized to adopt, ra.iy expend a sum not exceeding twenty-five dollars per mile in each year for the maintenance, repair or extension of any such roads, and on roads bordering on reservations one-half of this rate per mile may be expended. .MI expenses that may thus be incurred shall be subject to the approval of the Forestry Reservation Commission and the Governor of the Commonwealth, and shall be paid In the same manner as other expenses are provided for in this act. [L. tool, act 9, sec. 8=2 Pur. Dig., p. 1743, sec. 20.] STATE FORESTRY LAWS PENXSYLVAKIA. 26 commonwoalth " approved April fifteen, one thousaiul nine hundred and three (Pamphlet Laws, page two hundred and one), and also an act entitled, "A Supplement to an Act entitled ' An Act to estahlish a Department of Forestry, to provide tor Its proper administration, to regulate the acquisi- tion of land for the Commonwealth, and to provide for the control, protection, and maintenance of forest reserves by the Department of Forestry ' approved the twenty-flith day of February. Anno Domini, one thousand nine hundred and one (Pamphlet Laws, page eleven), authorizing the Depart- nwnt of Forestry to designate certain of the foresters within its employ to act as District Foresters in the performance of general forest work other than within the State Forests " approved .July twenty-first, one thousand nine hundred thir- teen (Pamphlet Laws page hundred si-xty-four) be and tlie same are hereby repealed. All other acts or parts of acts inconsistent herewith or supplied by this act are hereby repealed. [L. 1901, act 9, sec. 10=2 Pur. Dig.. p. 1742, sec. 13 ; as amended by L. 1921,'' act 29.S. sec. 3.] .\o8. 20 and 21. NOTE. — Act 86, L. 1901, has been placed under the cap- tion. " (iroup of Acts Constituting Firewarden System Prior to 1915." See Ao«. 157, 158. \o. 22. Be it enacted, &c.. That the persons employed, under existing laws, by the Commissioner of Forestry, for the protection of State Forestry Reservations, shall, after taking the proper ofBcial oath before the clerk of the court of quarter sessions of any county of the Commonwealth, be vested with the same powers as are by existing laws conferred upon con- stables and other peace officers ; to arrest on view, without first procuring a warrant therefor, persons detected by them in the act of trespassing upon any forest or timberland within this Commonwealth, under snch circumstances as to warrant the reasonable suspicion that such person or persons have committed, are committing, or are about to commit, some offense or offenses against any of the laws now enacted or heriafter to be enacted for the protection of forests and tiraherlnnds. Such officers shall likewise be vested with similar powers of arrest, in the case of offenses against the laws or the rules and regulations enacted or to be enacted for the protection of the State Forestry Reservation, or for the protection of the fish and game contained therein : Pro- vided. That the above mentioned rules and regulations shall have been previously conspicuously posted upon the reserva- tion. Said officers shall further be empowered, and it shall be their dut.v, immediately upon any such arrest, to take and convey the offender or offenders before a justice of the peace or other magistrate having jurisdiction, for hearing and trial, or other due process of law : Provided further. That this act shall extend only to the case of offenses committed upon said Forestry Reservations and lands adjacent thereto ; and the powers herein conferred upon said officers shall not be exercised beyond the limits thereof, except where necessary for the purpose of pursuing and arresting such offenders, or of conveying them into the proper legal custody, for punishment, as aforesaid. [L. 1903, act 29, sec. 1=2 Pur. Dig., p. 1742, sec. 14.] See also Nos. 9; lOi; 82: 8.3. No. 22 (n). Be it enacted, etc.. That on and after the passage of this act, the Governor be and he is hereby author- ized to appoint a deputy Commissioner of Forestry • • •. [L. 1903, act 59, sec. 1=2 Pur. Dig., p. 1740, sec. 2.] See (iJso No. H. "So. 23. Be it enacted, &c.. That the Commissioner of Forestry and the Forestry Reservation Commission are hereby authorized and empowered to give to street railway companies, duly incorporated under the laws of this Common- wealth, upon such terms and subject to such restrictions and regulations as said Commissioner and Commission may deem proper, the piivilege to construct, maintain and operate their lines of railway over, along and upon public highways now laid out and in actual use, which lie within or border on any forest reservations now owned or hereafter to be acquired by the Commonwealth, whenever in the judgment of the said Commissioner and Commission the Interests of the Common- wealth in the said reservations shall be benefited thereby. [L. 1903, act 144, sec. 1=2 Pur. Dig., p. 1752, see. 68.] \o. 24. NOTK. — The text of No. 24 has been deleted in conse- (luence of the repeal of the act therein referred to (L. 1903. p. 201) bv li. 1921, act 298. see. 3. See No. 19 (a). Xo. 25. Be it enacted, &c.. That the Commissioner of For- estry is hereby directed, under the advice of the State For- estry Reservation Commission, to purchase suitable buildings and land adjacent to the Mont Alto State Forestry Reserva- tion or to erect buildings on said Reservation, at a cost not to exceed six thousand dollars, and to establish and provide therein and on said Reservation practical instruction in for- estry, to prepare forest wardens for the proper care of the State Forestry Reservation lands ; [the said Instruction not to cost a sum exceeding ten thousand dollars, for the two fiscal years ending June first, one thousand nine hundred and five ; and the sum of sixteen thousand dollars, or so much thereof as may be necessary, is hereby appropriated, out of moneys not otherwise appropriated, for said purposes ; to be paid by warrant drjiwn by the Auditor tteneral upon resolu- tion of the State Forestry Reservation Commission]."' [L. 1903, act 295, sec. 1=2 Pur. Dig., p. 1752, sec. 69.] iVo. 20. Whereas, The Commonwealth of Pennsylvania is acquiring large tracts of lands, in its several counties, for the purpose of establishing forest reservations ; and Whereas, The purchasing of said lands by the Common- wealth makes said lands exempt from taxation ; and Whereas, Because of said exemption from taxation, districts in I lie several counties lose the revenue secured from said prior taxation, and works a hardship upon the citizens thereof, by compelling them to make up the loss on [school and] =» road-taxes thus brought about : Be it enacted, &c.. That from and after the passage of this act, all lands acquired by the Commonwealth for forest reserves, and now exempt from taxation, shall be subject to an annual charge of [three cents per acre, for the benefit of the schools in the respective districts in which said re- serve or reserves are located, and] '^ two cents per acre, for the benefit of the roads in the townships where .said reserve or reserves are located. II.. 190.^>, act 81. preamble and sec. 1=5 Pur. Dig., p. 6258, sec. 1S6.] See also Nos. it; i2; 65; 66; ise; isy. No. 27. The Commissioner of Forestry shall certify to the respective [school districts and] '» townships, throughout the Commonwealth, in which forest reserves are located, the number of acres owned by the Commonwealth in each [district or] township, upon application of the [treasurer or] road supervisors of any of the said [districts or] town- ship.s, and the charge against the same ; and shall, further- more.' certify to the State Treasurer the number of acres, as aforesaid, and tlie charge against the same and in favor of the respective [districts and] townships. The State Treasurer shall, upon the approval of the proper warrants of the Commissioner of Forestry, pay to the several [school- ■»The concluding portion of this text, which la here en- closed in [ ], is obsolete. »The portions of this act (L. 1905, act 81) which are here enclosed in [ ] contain provisions concerning the charges for the benefit of schools, which provisions have been repealed by L. 1909, act 556. (See Nos. il; i*-) 26 STATE FORESTRY LAWS — PENNSYLVANIA. districts and] townships the amounts due the same from the Commonwealth, and derived under this act, upon due application therefor made by the [treasurers or] road super- visors of the said [districts and] townships. [L. 1905, act 81, sec. 2=5 Pur. Dig., p. 6258, sec. 187.] See aUo Nos. 1,1; Ji2; 65; 66; 1S6; 1S7. No. 28. Be it enacted, &c., That the Commissioner of For- estry and the Forestry Eeservation Commission are hereby authorized and empowered to give to boroughs and other municipalities of this Commonwealth, upon such terms and .subject to such restrictions and regulations as said Commis- sioner and Commission may deem proper, the privilege of im- pounding water upon any Forest Reservations, now owned or hereafter to be acquired by the Commonwealth, and of constructing, maintaining and operating lines of pipes upon and through said reservations, for the purpose of conveying water therefrom, whenever in the judgment of the said Commissioner and Commission it shall be to the public in- terest so to do. [L. 1905, act 114, sec. 1=5 Pur. Dig., p. 6234, sec. 1.] See also Nos. 52 (a) ; 52 (ft). No. 29. Be it enacted, &c.. That fallows, stumps, logs, brush, dry grass, fallen timber, or tree-tops shall not be burned in any forest lands of this Commonwealth, in which there are producing oil-wells or gas-wells, or rigs erected for drilling such wells, from the first day of April in each year to the twentieth day of May next ensuing, nor from the tenth day of September in each year to the tenth day of November, next ensuing. Excepting during the periods afore- said, fires may be set in such lands upon the following condi- tions : First, that written permission thereto, of the fire- warden of the proper township, shall first be obtained ; sec- ond, said firewarden shall be personally present when such fire is started ; third, such fire shall not be started during a strong wind, nor without sufficient help to control the same at all times ; fourth, such fire shall be watched and guarded, by the person by whom it is started, until it is extinguished. No flres shall be set, or allowed to burn, in said lands, except- ing upon compliance with the conditions aforesaid. Any person violating any provisions of this section shall be deemed guilty of a misdemeanor ; and, upon being convicted thereof before any alderman or magistrate, shall be fined by the said alderman or magistrate, — for the first offense, in the sum not less than ten dollars or more than twenty dollars, and for the second, and every subsequent offense, in a sum not less than twenty nor exceeding one hundred dollars, to be paid to the county wherein such offense may be committed ; and if said fine or penalty and the costs of the proceedings be not paid, then said alderman or magis- trate shall commit said offender to the county jail, there to remain until discharged by due course of law : Provided, That when the fine imposed exceeds the sum of twenty dol- lars, the party complained against may appeal from the de- cision of said alderman or magistrate to the court of quarter sessions, upon his entering bail, in the nature of a recog- nizance, in the usual manner, for his appearance at said court, where the offense shall be prosecuted in the same manner as is now directed by law in other cases of misde- meanor. [L. 1907, act 334, sec. 1=5 Pur. Dig., p. 6245, sec. 92.] No. 30. .A.ny owner or lessee of any forest lands, or owner of trees growing upon said lands, or any person in charge of the premises upon which lands there are producing oil-wells or gas-wells, or rigs erected for drilling such wells, shall, at least once in each year, cause to be moved from said lands all brush, tree-tops and branches of trees, which such owner, lessee, or other person In charge of the premises, may have cut or felled thereon, within one hundred feet, respectively, of all such wells or rigs ; and shall, at least once in the year, cause to be removed from said land all grass, brush, tree- tops, and branches of trees, and other inflammable material, within one hundred feet of the right of way of any railroad company operating thereon ; to the end that during the spring and autumn season, as defined in the first section of this act, the said area shall be free and clear of such in- flammable material. In case any person, partnership, or corporation shall neglect to perform the duty imposed by this section, the same shall be liable to a penalty of fifty dollars for failure, in any instance, to comply with the duty imposed by this section ; to be paid to the county where the offense may be committed, recoverable in an action of as- tumpsit, in which the county wherein such violation occur .shall bo the plaintiff. [L. 1907, act 334, sec. 2=5 Pur. Dig., p. 6245, sec. 93.] No. 31. Every railroad company shall, on such part of its road as passes through forest land on which there are producing oil-wells or gas-wells, or rigs erected tor drilling such wells, cut and remove from its right of way through said lands, at least once a year, all grass, brush and other inflammable materials ; employing, in the seasons defined 'n the first section of this act, sufficient trackmen to promptly put out fires on its right of way ; provide locomotives thi'reon with steel netting or iron wire on the smokestacks, or other eflicient spark arresters, to prevent the escape of fire or sparks, and adequate devices to prevent the escape of fire from ash pans and furnaces, and the same shall be used by every engineer and fireman on such part of its road. No railroad company, or employe thereof, shall deposit fire, coals, or ashes on its track or right of way near such lands. In case of fire on its own or neighboring lands, witliin one hun- dred feet of its tracks, the railroad company shall use all practicable means to put it out. In case of any violation of the provisions of this section, such railroad company shall be answerable to the owner or owners of any property de- .stroyed or injured by fire in consequence of such violation ; and said company shall further be liable to a penalty of one hundred dollars for such violation, to be paid to the county wherein the violation may occur, recoverable in an action of assumpsit in which the county wherein such violation occurs shall be the plaintiff. [L. 1907,, act 334, sec. 3=5 Pur. Dig., p. 6245, sec. 94.] No. 32. Whereas, It has been demonstrated by time and experience in the countries of continental Europe that prop- erly managed municipal forests have proved to be important sources of municipal revenue, tending greatly to reduce the burden of municipal taxation ; and Whereas, many of the townships, and cities of this Com- monwealth are so located that it would be proper and expedient for them to possess tracts of land to be used for the purposes of municipal forests, in many instances conserving and protecting the water supply and promoting the healthful- ness of said municipality, and capable, as well, of yielding revenue applicable to the purposes of such municipalities ; therefore : — ■ Be it enacted, &c.. That all townships of the first class, and cities of this Commonwealth are hereby empowered to acquire, by purchase, gift, or lease, and hold as the property of the municipality, tracts of lands at present covered with forest or tree growth, or suitable for the growth of trees, and to administer the same, under the direction of the Commissioner of Forestry of the Commonwealth of Pennsylvania, in accord- ance with the practices and principles of scientic forestry, for the benefit and advantage of the said municipalities. Such tracts may be »f any size suitable for the purpose, and may be located either within, adjacent to. or at a distance from the corporate limits of the municipality purchasing the same : Provided, That it shall be requisite for the commissioners, or ma.vor of any municipality, availing itself of the provisions of this act, to submit to the Commissioner of Forestry, and secure his approval of, the area and location of any lands STATE FORESTRY LAWS PENNSYLVANIA. 27 proposed to bp acquired for the purposes of municipal forests, previous to tlie passage of the ordiuauce provided for In section two. [L. 1909, act 79, preamble and sec. 1^6 Pur. Dig., p. 6757, sees. 207 ; 208 ; as am. by L. 1915, act 192, ch. XIII, art. I, sec. 1 (c)'\ pp. 440, 459=5 Pur. Dig., p. 5452 (C), p. 5460.] See also Xos. SS (a)-(h). No. 33. Wlienever tlie township commissioners of any township of the first class, or the councils [council] of any city, shall deem it expedient for the municipality to acquire any such lands for the purposes of a municipal forest, tliey shall so declare in an ordinance, wherein shall be set forth all facts and conditions relating to the proposed action ; which said proposed ordinance prior to its passage shall be duly advertised once a week for three weelis and after its passage and approval in accordance with existing law. All money necessary for the purchase of such tracts shall be appropriated in lil). * * * -° All receipts derived in any way from, or on account of, the State forest reservations, • • • shall always be promptly paid to the State Treasurer, and Itept by him in a separate account, subject to the di.sposal of the State Board of Education as herein provided; • • • [L. 1911, p. 309, art. 27, sec, 2702, as .luiendcd by L. 1915, act 370, see. 2=5 Pur. Dig., p. 5G31, sec. 009.] See also No. l.ilc. \o. 3a, Be it enacted, &e., That if any person shall wil- fully, ne^ligentl.v, or maliciously .set on fire, or cause to be set on fire, any woodlands within the Commonwealth, or shall directly or indirectly, without the consent of the owner, cause fire to burn therein ; or shall wilfully, negli- gently, or maliciously set nre upon adjacent lands, which fire shall be communicated to woodlands ; such per.son shall be guilty of a misdemeanor, and on conviction tliereof be fined not exceeding one thousand dollars for each offense, or Imprisonn.ent not exceeding six months, either or both, at the discretion of the court, together with costs of suit. [L. 1911. p. S61, sec. 1=5 Pur. Dig., p. 0249, sec. 120.] No. 53(a). Note. — Sections 2. 3, 4 of act on page 801 of L. 1911, are omitted for the reason that the provisions thereof do not come within the scope of this compilation, as hav- ing for their purpose the practice of forestry. No. 54. The term " person " as used In this act, shall in- clude not only indi\nduals or natural persons, but as well artificial persons, existing only in contemplation of law, and shall be construed to mean partnerships, limited partner- ships, joint-stock companies and corporations, and the officers, agents, and employes of the same. [L. 1911, p. SOI, sec. 5=5 Pur. Dig., p. 6249, sec, 121.] No. 55. The term " woodlands," in this act, is intended to include, and shall be construed to mean, woods, farmers' woodlots, marshes, moors, brush, barrens, brush lands, and wild, unseated uncultivated land. [L. 1911. p. 801, sec. 0=5 Pur. Dig., p. 6249, sec, 122.] No. 66. .\11 fines which shall be collected or paid under this act shall be remitted at once to the treasurer of the county wherein tlie same shall be collected or paid, to be- come a part of the general fund of the county. [L. 1911, p. SOI. sec. 7=5 Pur. Dig., p. 6249, see. 123. 1 No. 67. Be it enacted, &c., That the Department of For- estry Is hereby authorized to lease, for a period of not ex- ceeding ten years, on such terms and conditions^ as it may ^- The portions of sections 2701, 2702 of the School Code which are here Included in Nos. 52(a) ; 52(b), are the only portions of those sections -n-hlch are relevant to the pur- poses of this compilation. consider reasonable, to any citizen, church, organization, or school board of Pennsylvania, such portion of the State For- est as the Department may deem suitable, as a site for a temporary building to be used by such citizen or family for health and recreation, or as a site for church or school purposes. [L. 1913, act 16, .sec. 1=5 Pur. Dig., p. 6257, sec. 178,] No. B8. The receipts from such leasing shall be paid Into the State Treasury. [Eighty per centum] =" thereof, so paid in, shall constitute a part of the State school fund of Penn- s.vlvanla. [L. 1913, act 10, sec. 2=5 Pur. Dig., p. 6257, sec. 179.] No. 5!). Be it enacted, &c.. That all surface land which may hereafter be classified and set apart as auxiliary forest reserves, in the manner provided by law, shall be rated in value, for the purpose of taxation, not In excess of one dol- lar (.$1.00) per acre and shall continue to be so rated so long as the said land remains within the class designated as auxiliary forest reserves : Provided, however. That If the said surface land be underlaid with coal, iron ore, oil, gas, or other valuable minerals, said minerals may be separately assessed. The assessors in the several districts in which such lands are situate shall assess such land in the manner now or hereafter provided for the assessment of real estate for purposes of taxation, as if they had not been set apart as auxiliary forest reserves, and shall make their returns to the county commissioners In like manner as is now or here- after may be provided by law, subject to exception, appeal, and final adjustment. [L.. 1913, act 269, sec. 1=5 Pur. Dig., p. 6255, sec. 168.] No. 00. Upon receipt of assessment returns from the various assessors, the county commissioners shall reduce, In their records, to a sum not In excess of one dollar ($1.00) per acre, the assessment on all those lands which shall have been placed in the class known as auxiliary forest reserves, in accordance with certificates filed with them by the State Forestry Reservation Commission, and the original assess- ment returns made by said assessors shall be preserved. [L. 1913, act 269, see. 2=5 Pur. Dig., p. 6255, sec. 169.] No. 61. Whenever timber, on land which is included in the class of land known as auxiliary forest reserves, Is about to be harvested, the then owner of the timber on said land shall give a bond to the county treasurer In twenty per centum of the amount of the estimated value of the timber to be harvested, and to be approved by the court of the county, conditioned to pay to the county treasurer, within ninety days after harvesting, ten per centum of the value of the trees immediately at and before the time of harvesting; which amount shall be ascertained l)y statement and return, under oath or affirmation, furnished In triplicate, one to the county commissioners, one to the county treasurer, and one to the commission, immediately after harvesting, by the then owner of the land, setting forth said value; which sum thus paid shall be divided and distributed by the county treasurer of each count.v — to the county, and the poor dis- trict, the road district, and the school district of the town- ship In which the auxiliary reserve Is situate, pro rata, based upon the last assessed miUage of taxation for county, poor, road, and school purposes within said taxing district. Such sum of money when ascertained to he due as a tax by the filing of the foregoing statement and return, under oath, and, as hereinbefore provided, directed to be paid to " The limitation contained in the words " Eighty per centum," here Inclosed in [ ], is no longer operative, since sections 2701, 2702 of the School Code, as amended by act 370 of li. 1915, now require that all receipts and proceeds derived from such leasing, shall be paid into the State School Fund. See Nos. 52 (a) : 52 (h). 30 STATE FORESTRY LAWS PENKSYLVANIA. the county treasurer by the owner of an auxiliary forest reserve, shall, from the time of such filinj;, be and remain a lien upon the land of such owner until payment shall have been made : And be it further provided, That all moneys re- ceived by the boards of supervisors shall be appropriated exclusively to the opening, maintenance, and repair of the public roads now or hereafter passing through or into said auxiliary forest reserves, or upon which said reserves now or hereafter may abut ; and, in the event that no public highways pass through or into said reserves, or none of said reserves abut on such highways, then said moneys shall be used for general township road purposes. [L. 1913, act 269, sec. 3=5 Pur. Dig., p. 6255, sec. 170.] No. 62, Should the county commissioners be dissatisfied with the return made, as hereinbefore provided In section three hereof, the court of common-pleas of the proper county, on petition of the commissioners, shall appoint a board of three appraisers, who shall go upon the land in question, estimate the quantity and value of the trees immediately at and before the time of harvesting, and make a return thereof to the court, which said return shall then be made the basis upon which each owner shall make payment to the respective county treasurers, unless changed upon appeal. The said appraisers shall be duly sworn or affirmed before entering upon their work, and either party, if dissatisfied with the report of the appraisers, shall have right of appeal to the court of common pleas of the county, within ten days after such report shall be filed and notice thereof given the owner. The said appraisers shall be allowed their expenses and a compensation to be fixed by the court, both to be paid by the county commissioners. [L. 1913, act 269. sec. 4^5 Pur. Dig., p. 6256, see. 172.] No. 63. In case of the removal of said lands from the class known as auxiliary forest reserves, prior to the matur- ity of the timber, and without payment of the tax of ten per centum of the value thereof, as provided in section three of this act, the county commissioners shall, on notice from the commission, ascertain the amount of the taxes which would have been paid by the said owner on the original assessment, before the reduction provided for in section two of this act, adding legal Interest from the date when each tax payment would have become delinquent. The said commissioners shall likewise ascertain the amount of taxes which have actually been paid upon the land in question, adding legal interest upon all such payments from the date when paid, and certify the result thereof to the county treasurer, who shall then proceed, in the manner provided for the collection of county taxes under general laws, to recover from such owner the difference between the two amounts, with costs. Such differ- ence, so ascertained to be due as tax as aforesaid, shall be and remain a lien upon the land of such owner until pay- ment shall have been made. If such land shall be so removed from said class after the due cutting of a matured crop and the payment of tax thereon, the owner shall. In that case, not be liable for such past assessment ; hut the land shall thereafter be liable to assessment and tax as all other land not classed as auxiliary forest reserves. [L. 1913, act 269, sec. 5=5 Pur. Dig., p. 6256, sec. 174.] No. 64. This act shall take effect only beginning with as- sessments made for the purpose of levying taxes for the fiscal year one thousand nine hundred and fourteen. [L. 1913. act 269, sec. 6=5 Pur. Dig., p. 6256, sec. 175.] No. 65. Whereas, By existing law the State forest re- serves are subject to an annual charge of two cents per acre for the benefit of schools, and two cents per acre for the benefit of roads, In the respective districts in which said re- serves are located ; and Whereas, It would be a hardship to withhold from school and road districts the taxes which would otherwise be col- lected from land classified as auxiliary forest reserves ; there- fore, — Be It enacted, &c.. That all lands which shall hereafter be classified as auxiliary forest reserves shall be subject to an annual charge of two cents per acre for the benefit of the schools, and two cents per acre for the benefit of the roads, in the respective districts in which said reserves are located. Said charge is hereby made payable by the State. [L. 1913, act 270, preamble and sec. 1=5 Pur. Dig., p. 6256, sec. 176.] See also Nos. 26; 27; il; iij ISS; isn. No. 66. The State Forestry Reservation Commission shall certify to the respective school districts and road districts, throughout the Commonwealth, in which auxiliary forest re- serves are located, the number of acres thus set apart and classified in each district, and the charge against the same ; and shall, furthermore, certify to the State Treasurer the number of acres as aforesaid, and the charge against the same. In favor of the respective school and road districts. The State Treasurer shall, upon the approval of the proper warrants of the commission, pay to the several school dis- tricts and road districts the amount due the same from the Commonwealth, as derived under this act. [L. 1913, act 270, sec. 2=5 Pur. Dig., p. 6256, see. 177.] See also Nos. 3fi; 27; il; i2; 1S6; m. No. 6T. Be it enacted, &c.. That in order to encourage the growing of such trees, now existing or hereafter pro- duced, as will at the proper age be suitable for merchantable forest products, whether such be of natural reproduction or from seed sown, or trees planted out, or all combined, all sur- face land which may be set apart according to the provisions of this act, and exclusively used for growing such trees, is hereby constituted a separate and distinct class of land, to be known as auxiliary forest reserves. [L. 1913, act 284, sec. 1=5 Pur. Dig., p. 6259, see. 159.] No. 68. When any owner of surface land desires to have such land placed in the class established by section one of this act, such owner shall notify the State Forestry Reserva- tion Commission of his desire in manner and form to be pre- scribed by said commission. Said notice shall contain a de- scription of the land, its location, boundary, area, and char- acter, and shall state as far as practicable the species, char- acter, and condition of the trees growing thereon, and whether they are of natural reproduction or are from seed sown for the purpose, or have been set out on said land, or all com- bined, and such other information as the commission may require. If, upon receipt and consideration of this notice, the commission shall, in its discretion, deem the conditions such as to warrant action on its part to determine whether such land should rlKhtfuUy be placed in the class established by section one of this act, it shall cause the same to he examined by some person learned in the practice and princi- ples of forestry, and a report made thereon, and if, upon re- ceipt and consideration of such report, it decides that such land should be placed in the class established by section one of this act, it shall so declare and certify to the commission- ers of the county in which said land is located. [L. 1913, act 284, sec. 2=5 Pur. Dig., p. 6254, sec. 160.] No. e». Upon receipt by the county commissioners of such certificate of the commission it shall be their duty at once to place said surface land in the class established by section one of this act, and keep the same therein until the trees growing thereon shall, in the judgment of the commission, become sufficiently large and suitable for merchantable forest products, or the land be devoted to other purposes : Pro- vided, however. That the certificate of the commission shall not become operative to place said surface land In the STATE FORESTRY LAWS PENNSYLVANIA. 31 class established by section one of this act until the owner of said surface land has agreed, In writing, with the commission, to care for the trees growing tlieroon, accord- ing to the instructions and directions of the commission, up to such time as such trees become suitable for merchantable forest products ; and if any such owner at any time fails to care for the trees growing on said land as agreed with the commission, and due proof thereof is made, the commission may remove said surface land from the class established by section one of this act. In case of such removal, either through failure of the owner to care for the trees or on his expressed desire for removal before the trees shall have been cut at maturity and tax paid thereon, the county commis- sioners shall, on notice from the commission, proceed to re- cover from said owner, for the use of the county and town- ship, by an appropriate action at law if necessary, the differ- ence in the amount of tax which would have been paid by the said owner at the rates established for the years for which recovery Is sought and the rate provided for auxiliary forest reserves, with costs of suit, to be recoverable from the time when such land was placed In the class of auxiliary forest reserves. And the commission shall remove said sur- face land from the class established by section one of this act at any time that the then owner shall, in writing, notify the commission that he desires such removal. The commis- sion may, in its discretion, at the time said surface land is placed in the class established by section one of this act, require the owner to tile with the commission his or its bond, of such Isind and amount as the commission shall deem reasonable and sufficient to secure the obligations of such owner under this act. [L.. 1913, act 284, sec. 3=5 Pur. Dig., p. 6254, sees. 161 ; 162.] No. 70. Whenever trees growing on said surface land have become suitable for merchantable forest product.s, the com- mission shall, at the request of the owner or on its own mo- tion, make an examination of said land, and designate for the owner the kind and number of trees most suitable to be cut. If, in the judgment of the commission, there be any, and the cutting and removal of said trees so designated shall be in accordance with the Instructions of the commission. [L. 1913, act 284, sec. 4=5 Pur. Dig., p. 6255, sec. 163.] No. 71. If the owner of said surface land faithfully car- ries out the Instructions of the commission with regard to the removal and marketing of such mature or other trees, as may be designated in the instructions of the said commis- sion, and shall immediately replant other trees of valuable species, or so protect the young growth that the said land may Immediately become covered with young forest growth, and does so with the approval of the commission, then such surface land shall remain in the said class, established by section one of this act ; otherwise, the commission shall notify the county commissioners that the said land Is not being maintained in accordance with the written agreement of the owner and the instructions of the commission. In which event the county commissioners shall immediately re- move said land from the class established hy section one of this act. All expenses attendant upon the examination of the said surface land by the commission shall be paid for out of the moneys appropriated for the maintenance of the De- partment of Forestry, in like manner as other expenses for maintenance of said department are now paid. [L 1913. act 284, sec. 5=5 Pur. Dig., p. 6255, sec. 164.] No. 72. The owner of the said auxiliary forest reserves shall, at all times, have the right to remove therefrom trees, or portions of trees, which may be killed by fire, thrown or broken by the wind, or injured by other natural causes ; and shall, under the direction of the commission, be privileged to make necessary thinnings or removal of undesirable species of trees. In order to improve the condition of the remaining trees ; and, under the same direction, may be privileged to remove therefrom such timber, from time to time, as may be necessary and essential for use upon the neighboring cleared lands of the said owner, for general farm purposes. [L. 1913, act 284, see. 6=5 Pur. Dig., p. 6255, sec. 165.] No. 73. Any tract of land while remaining in the class of auxiliary forest reserves as above provided, may, neverthe- less, be sold or incumbered by or through the owner thereof, but no sale or incumbrance, whether voluntary by the owner or involuntary under any statutory or Judicial proceeding whatsoever, whether of any State or of the United States, shall effect a discharge of any obligation imposed under this act, and said land shall be removed from said class only in accordance with the provisions hereof. [L. 1913, act 284 sec. 7=5 Pur. Dig., p. 6255, sec. 166.] ' ' ' Nos. 74; 75. Note.— The text of Nos. 74 and 75 has been deleted "r ''%^''9''tn^^^{}^^ •■.'■P^^L'i' tl"^ «« contained therein No. 7fi. Be it enacted, &c.. That when county commission- ers shall have received from the county treasurer a convey- ance of lands which shall have been advertised and sold for unpaid taxes, in accordance with the several acts of Assembly relating to the sale and conveyance of lands for taxes, the said commissioners are hereby directed, after the period of redemption of said lands shall have expired, to offer said lands to the Department of Forestry, for acceptance or rejec- tion by said department, for forestry purposes, when required so to do by the Department of Forestry. The county com- mhssloners, in making such offer, shall describe the land by giving the name of its former owner, its location, warrantee name or number, and its adjoiners. They shall state the number of acres and perches in each tract so offered, and the amount of taxes, interest, and costs due thereon, which shall have been levicii and become a Hen and accrued to the time of making the offer. Every such offer shall be accom- panied by a draft of the land, when required by the depart- ment, to be prepared by the county surveyor. The cost of the preparation of such draft shall be paid by the county commissioners, and in no case shall exceed the ordinary and usual amount paid for the making of similar drafts in the course of county business. The cost of the draft may be added by the commissioners to the amount of costs accrued against the land which they shall offer the Department of Forestry. Where adjoining tracts are so offered, they shall be included within one draft, and the cost of the draft shall be ratably apportioned among the several tracts in accordance with the area thereof. [L. 1915, act 08, sec. 1=5 Pur. Dig., p. 5803, Sees. 39 ; 40.] No. 77. That upon receiving any such offer from the county commissioners, which offer shall be made upon blank forms to be prepared by the Department of Forestry and sup- plied to the commissioners, the department shall make an examination and valuation of the land so offered, to determine whether it is suitalile for forestry purposes. If found not suitable for forestry purposes, the department shall so notify the commissioners. If found to be suitable for that purpose, it shall likewise notify the commissioners of Its suitability, make a conditional acceptance, and proceed to examine the title. If such examination shall disclose that the title Is marketable, and of such character as can be safely accepted, the department shall prepare a deed to be executed by the commissioners, conveying such land to the Commonwealth of Pennsylvania. The consideration shall Include all taxes levied, interest, and costs due to date of conveyance ; but shall, in no case, exceed the limit of purchase price now or hereafter fixed by law for the purchase of land by the Depart- 32 STATE FOEESTRY LAWS — PENNSYLVANIA. ment of Forestry for forestry purposes. [L. 1915, act 68, sec. 2=5 Pur. Dig., p. 5803, sec. 41.] No. 78. That if the title examination shall disclose in- cumbrances upon the land, or other objections, which, in the judgment of the Department of Forestry, will render the title unmarketable or undesirable for the State to own, the county commissioners shall then proceed to remove such ob.icctions to title, and cure such defects, so far as it may be possible to do so, or may be required by the prac- tice of the Department of Forestry, in the purchase of lands. The purchase of said land shall not be further proceeded with until the title shall be rendered acceptable to the Department of Forestry. In case the county Commis- sioners neglect or refuse to remove objections to title when required by the Department, the Department may, after a reasonable time, not exceeding six months, notify the com- missioners that it refuses to consider the further purchase of the land so offered. The time for removal of objections may be extended by the department for cause shown. [L. 1915, act 68, sec. 3=5 Pur. Dig., p. 5803, sec. 42.] No. 79. Be it enacted, &c., That the Department of For- estry is hereby authorized to grow young forest-trees, and to distribute them to tho.se desiring to plant them, in such quantity and under such regulations as may be prescribed by the department, when the available stock in the forest nurseries shall be in excess of that required by the depart- ment for forest planting. No charge shall be made for the trees so distributed, but the cost of boxing and ship- ping shall be paid by the applicant. The applicant must enter into an agreement with the department to plant the young trees under such conditions or regulations as may be made by the department, and to protect and care for them when planted. The department may render such as- sistance and instruction in the planting of the trees as It may deem necessary to secure their proper planting. [L. 1915, act 76, sec. 1=5 Pur. Dig., p. 6243, sec. 78.] No. SO. That all such young forest-trees, which shall be distributed as aforesaid, shall not be subject to sale in the hands of the applicant, but shall be properly planted, in accordance with the agreement entered into with the de- partment. [L. 1915, act 76, sec. 2=5 Pur. Dig., p. 6243, sec. 79.] No. 81. That all acts and parts of acts inconsistent with or supplied by this act are repealed. [L. 191.'5, act 76, sec. 3=5 Pur. Dig., p. 6243, sec. 80.] No. 82. Be It enacted, &c., That from and after the ap- proval of this act. it shall be the duty of each forester and forest ranger in this Commonwealth to enforce all the laws relating to forestry, fish, and game ; it shall be the duty of every game-protector, deputy game-protector, or special deputy game-protector, commissioned in this Common- wealth, to enforce all the laws relating to fish, game, and forestry : it shall be the duty of every fish-warden or deputy fish-warden, commissioned in this Commonwealth. to enforce all the laws relating to game, fish, and forestry, under the direction of that department or commission into whose special care the interests of these several subjects have been entrusted, namely : All prosecutions for violation of laws relating to forestry shall be brought under the direc- tion of the Department of Forestry ; all prosecutions for violation of the fish laws shall be brought under the direc- tion of the Department of Fisheries ; and all prosecutions for violations of the game laws shall be brought under the direction of the Board of Game Commissioners ; and, to that end, the powers of all the officers aforesaid are hereby ex- tended in such a way as to give them full authority to carry out the purposes of this act. It shall be the further duty of every such forester, forest ranger, game-protector, deputy game-protector, special deputy gamo-protector, fish-warden, and deputy fish-warden, whenever such oflicial may have knowledge of the violation of any of the aforesaid laws, forthwith to make a full and complete report thereof to that department under which such oflicial may be commissioned ; which department, in case said law relates to a subject whose special care is entrusted to another department, shall at once forward such report to the appropriate department charged with the enforcement of said law. Every person connected with either the Department of Forestry, or with the Department of Fisheries, or with the Game Commission, and under pay of the Commonwealth, who shall refuse or neglect to safeguard, in a reasonable way, the interests of the Commonwealth relating to either for- estry, or fish, or game and wild birds, as provided for and intended by this act, or who, without prejudice to the work of that department to which he may specially belong, shall refuse or neglect to investigate to a reasonable conclusion any violation of the laws of this Commonwealth relating to either of the other departments named in this act that may be reported to him, or who may refuse or neglect to make the reports required by this act, shall be guilty of a misde- meanor, and for the first offense shall be liable to penalty of twent.v-five dollars, or in lieu thereof to an imprisonment of one day for each dollar of penalty imposed, and for the second offense to double the penalty imposed for the first offense, and for the third offense shall be discharged from the service of the State ; and it shall be the duty of the heads of the several departments mentioned in this act to notify the various employes of the State Government that may be under their control, and that are under the pay of the State, of the requirements of this act. [L. 1915, act 77, sec. 1=5 Pur. Dig., p. 6257, see. 180 ; as am. by L. 1917, act 172, sec. 1.] See also No. 22. No. 83. All acts or parts of acts inconsistent with this act, in so far as they relate to the various subjects and con- ditions considered by this act, and specifically changed by its provisions, are hereby repealed. [L. 1915, act 77, sec. 2=5 Pur. Dig., p. 6257, sec. 181.] No. 8.3 (a). Boroughs may acquire by purchase, gift or lease, and hold tracts of land covered with forest or tree growth or suitable for the growth of trees and administer the same, under the direction of the Commissioner of Forestry, in accordance with the practices and principles of scientific forestry, for the benefit of the borough. Such tracts may be of any size suitable for the purpose, and may be located within or without the borough limits. [L. 1915, act 192, ch. IX, art. Ill, sec. 1=5 Pur. Dig., p. 5435, sec. 660.] See also Nos. SS-S7. No. 83 (b). Before the passage of any ordinance for the acquisition of land to be used as municipal forests, the liurgess shall submit to the Commissioner of Forestry, and secure his approval of, the area and location of such land. [L. 1915, act 192, ch. IX, art. Ill, sec. 2=5 Pur. Dig., p. 5435, sec. 661.] See also Nos. S2-S7. No. 83 (c). Whenever the council of any borough deems it expedient to acquire any lands for the purposes of munici- pal forests, it shall so declare in an ordinance, wherein shall be set forth all facts and conditions relating to the proposed action ; which proposed ordinance shall be advertised once a week for three weeks prior to its passage. [L. 1915, act 192, ch. IX, art. Ill, sec. 3=5 Pur. Dig., p. 5436, sec. 663.] See also Nos. 32-sy. No. S3 (d). .411 money necessary for the purchase of such tracts shall be appropriated in the same manner as appropri- ations for borough purposes, and such funds may be provided STATE FORESTRY I,AVVS PENNSYLVAXIA. 33 from the current revonuo. or by the proceeds of a sale of bonds in accordance with existing law. [L. 1915, act. 102, ch. IX, art. in, sec. 4=5 Pur. Dig., p. 5436, sec. 003. 1 .<<•(■ also Kos. sisy. No. S3 (e). t'pon the acquisition of any municipal forests or lands suitable for such, the council shall notify the Com- missioner of Forestry, who shall make such rules for the governmi-nt and proper administration of the same as may be necessary, and the council shall publish such rules, de- clare the u.ses of the forest in accordance with the intent of this article, and make such provi.sion for its administration, maintenance, protection and development as shall be neces- sary or expedient. The rules governing the administration of such forests shall have tor their main purpose the pro- ducing of a continuing borough revenue by the sale of forest products. [L. 1915, act 192, ch. IX, art. Ill, sec. 5=5 Pur. Dig., p. 5436, sec. 664.] See also ^'os. S2-S7. No. s:5 (f). All moneys necessary to be expended for the administration, maintenance, protection and development of such forests shall be appropriated and applied as is now done for borough purposes ; all revenue and emoluments aris- ing from such forests shall be paid into the borough treasury to be used for general borough purposes. [L. 1915, act 192, ch. IX, art. Ill, sec. 0=5 Pur. Dig., p. 54.'?6, sec. 665.] See also Nos. S2-37. No. 83 (K). Municipal forests may be used by the public as general outing or recreation grounds subject to the rules governing their administration as municipal forests. [L. 1915, .let 192, ch. IX, art. III. sec. 7=5 Pur. Dig., p. 5436, sec. 666.] See also Nos. S2-37. No. S3 (U). Whenever the council of any borough deems it expedient to alienate any municipal forest or part thereof, it shall so declare in an ordinance wherein shall be set forth all the facts and conditions rehiling to the proposed action; which proposed ordinance shall be advertised once a week for three weeks prior to its passage. No ordinance shall be effective in legalizing such aliennUon until it has been ap- proved by a majority vote of thi; pi.-ople at the next ensuing election. [L. 1915, act 192, ch. IX. art III, sec. .S=5 Pur. Dig., p. 5436, sec. 667.] See also Nos. SBSy. No. 84. Be it enacted, &c.. That the limit of purchase price to be paid by the Department of Forestry for land hereafter to be purchased by it, and used for State forest purposes, shall not exceed the sum of ten dollars per acre. [L. 1915, act ins, sec. 1=5 Pur. Dig., p. 6240, sec. ry.i.] See also Xo. 11 (6). No. .S5. Ke it enacted, &c.. That a Bureau of Forest Pro- tection Is hereby established within the Department of For- estry. The persons appointed thereto or assigned to duty therein shall be subject to the authority and under the con- trol of the Commissioner of Forestry. [L. 1915, act 353, sec. 1=5 Pur. Dig., p. 6235, sec. 4.] See also Nos. 11 (ci ,• S6. No. 8«. Immediately after this act becomes effective and tliereafter whenever a vacancy occurs, the Commissioner of Forestry shall appoint a forester in the employ of the dc partment to be Chief of the Bureau of Forest Protection, who by virtue of his appointment shall immediately become and be Chief Forest Fire Warden. [L. 1915, act 353, art. 1. sec. 101=5 I'ur. Dig., p. 6235, sec. 5; as amended by I. 1021,''' act 299, sec. 1.] No. 87. (a) It shall be the duty of the chief forest fln - (varden to take such measures for the prevention, control, and extinction of forest fires as will assure a reasonable pro- tection from fire to woodlots, forests, and wild lands within the State. (b) The chief forest fire-warden shall institute the sys- tem of forest lire-wardens, as hereby created, and shall have authority to supervise and manage the same. (c) lie shall reorganize the former system of fire- wardens, and as rapidly as possible make it conform to the provisions of this act. (d) Note. — The text of this subdivision (d), which re- iiuired the Chief Forest Firewarden to divide the State into forest fire districts, has been deleted in consequence of its having been supplied by Nos. 11 (d) ; 90. (e) At the end of each calendar year he shall render to the Commissioner of Forestry a report for the year, cover- ing all phases of the work under his direction, which re- port, together with a list of the fire-wardens, shall he pub- lished annually as a bulletin of the Department of For- estry. (f) lie shall collect, with the assistance of the force aud means at his command, data relaftng to location, area, and fire hazard of woodlots. forests, and wild lands within the State : data relating to forest fires, and losses resulting therefrom ; and such other data as he may deem to come within the purview of his duties, and as he may desire to present to the commissioner or to the public. (g) He shall tabulate and draft data in such manner that the information may be easily and readily appreciated. Maps, drafts, and tables shall be published, in the discretion and under the direction of the Commissioner of Forestry, as a part of the annual report of the chief forest fire- warden or as separate bulletins of the department. (h) He shall plan and put into elTeet as rapidly as con- venient a system of , ire-towers and observation stations, which shall cover the regions subject to forest fires, pur- chase tile necessary material and equipment, and hire the necessary labor for the installation of the system. (i) When, in his discretion, the purposes of this act may be accomplished better by the appointment of certain forest fire-wardens as watchmen or patrolmen during dry seasons, and within regions subject to great fire risk, he shall make such appointments ; provided that no person shall be ap pointed watchman or patrolman without first having been appointed a forest fire-warden, and that wardens who have proved to be efficient shall be given preference. (j) He may enter into agreements, with the consent of the Commissioner of Forestry, with persons, firms, corpora- tions, or associations, upon satisfactory terms, for the suc- cessful accomplishment of forest fire prevention or control. (k) He shall conduct such educational work in relation to forest fires as may be approved by the Commissioner of Forestry. (1) He shall audit all bills incurred under this act. He shall approve those which are correct and should he paid and present them to the Commissioner of Forestry, who shall transmit them to the Auditor General. (no Upon receipt of checks from the State Treasurer, he shall send them to the per.sons entitled thereto. (n) He .shiill have authority to declare a public nuisance any property which, by reason of Its condition or opera- tion, is a special forest fire hazard, and, as such, endangers other property or human life. (o) He shall notify the owner of the property, or the person ri sponsible for tlie condition declared a public nuisance, and advise him as to the abatement or removal of such nul.sance. In the case of a railroad, such notice shall be .served upon the superintendent ot the division upon which the nuisance exists. (p) He shall collect and arrange information obtained concerning violation of laws relating to the protection of forests from fire, and present the same to the Commis- sioner of Forestry, who shall file it with the Attorney Gen- eral for legal action. [L. 1915, act 353, art. I, sec. 102^5 Pur. Dig., pp. 6235, 6236, sec. 6.] 34 STATE FORESTRY LAWS PENNSYLVANIA. No. 88. The compensation of the Chief Forest Fire Warden shall be his salary as Chief of the Bureau of Forest Protec- tion, and his salary and all necessary expenses incurred in the performance of his duties, and all salaries and wages of the Bureau of Forest Protection shall be paid from the ap- propriation for forest protection. [L. 1915, act 353, art. I, sec. 103=5 Pur. Dig., p. 6236, sec. 7 ; as amended by L. 1921," act 299, sec. 2.] No. 89. As soon as convenient after this act becomes effec- tive, the Commissioner of Forestry shall assign to the Bureau of Forest Protection a forester in the employ of the depart- ment, to act as a clerk to the chief forest fire-warden ; and, from time to time, may assign such other clerical assistants to the bureau as may be necessary. [L. 1915, act 353, art. II, see. 201=5 Pur. Dig., p. 6236, sec. 8.] No. 90. As rapidly as' Forest Districts are created they shall become also Forest Fire Districts and the District For- esters appointed to false charge of them shall become by vir- tue of their appointment and be District Fire Wardens. [L. 1915, act 353, art. Ill, sec. 301=5 Pur. Dig., p. 6236, sec. 9 ; as amended by L. 1921," act 299, sec. 3.] No. 91. (a) The district fire-warden shall establish head- quarters at some advantageous place within his district ; shall act as the field representative of the chief forest fire-warden, and be under his direction. (b) He shall be responsible for the collection of data, within his district, necessary for accomplishing properly the purposes of this act. (c) He shall make recommendations to the Chief forest fire-warden for the appointment of local fire-wardens, the location of fire-towers, the employment of patrolmen, and the region to be patrolled, and regarding such other matters as may come to his attention which would tend to improve the protective system. (d) He shall arrange for annual meetings of fire-wardens within his district, tor instruction in forest fire matters. (e) He shall report to the chief forest fire-warden situa- tions and conditions existing within his district which are or may become forest fire hazards. He shall serve notices for the correction or removal of such conditions, when Issued by the chief forest fire-warden. (f) He shall receive, audit, and approve the reports and accounts of the local fire-wardens before submitting them to the chief forest fire-warden. (g) He shall act as an inspector of the work of local fire- wardens, and render assistance to them. (h) He shall conduct educational work, and develop co- operation between local agencies and the Department of Forestry for the prevention and suppression of forest fires. (i) He shall perform such other duties as may be assigned to him by the Commissioner of Forestry or the chief forest fire-warden. [L. 1915, act 353, art. Ill, sec. 302=5 Pur. Dig., p. 6236, sec. 10.] No. 92. The compensation of each District Fire Warden shall be his salary as District Forester, and such salary and all necessary expenses incurred in the performance of his duties ; also the salaries, wages, and necessary expenses in- curred in the performance of the duties of the Forest Officers assistants and labor employed in or assigned to his Forest District, as well as the other necessary expenses in the way of rent, material, equipment, et cetera of his said District, may all be paid from the appropriations for forest protec- tion, and from other items of appropriation for the Depart- ment of Forestry respectively in proportion as such salaries, wages, and necessary expenses are incurred for forest pro- tection or for the other administrative work of the Depart- ment of Forestry, the proportion to be paid from the appro- priation for forest protection under the above rule to be determined from time to time by the State Forest Commis- sion. [L. 1915, act 353, art. Ill, see. 303=5 Pur. Dig., p. 0236, sec. 11 ; as amended by L. 1921 ", act 299, sec. 4.] No. 93. A person appointed a local fire-warden shall be chosen expressly by reason of his physical fitness, sobriety, honesty, and ability to perform the duties herein required, and must have the recommendation of the district fire-warden for the forest fire district in which he is located. Where no district fire-warden has been appointed, the chief forest fire- warden shall first satisfy himself as to the above qualifica- tions before making an appointment. [L. 1915, act 353, art. IV, sec. 401=5 Pur. Dig., p. 6236, sec. 12.] No. 94. Local fire-wardens shall be appointed by the chief forest fire-warden in such localities as he may deem neces- sary. [L. 1915, act 353, art. IV, sec. 402=5 Pur. Dig., p. 6237, sec. 13.] No. 95. Every person appointed a forest fire-warden under this act shall be given a certificate of appointment, issued by the chief forest fire-warden, and may be furnished with an appropriate badge, in the discretion of the chief forest fire warden. [L. 1915, act 353, art. IV, sec. 403=5 Fur. Dig., p. 6237, sec. 14.] No. 96. (a) Whenever fire is discovered in or approach- ing woodlots, forests, or wild lands, whether the same be owned by individuals, corporations, or by the Common- wealth, it shall be the duty of a forest fire-warden imme- diately to take such measures as are necessary to extinguish the fire. (b) Whenever fires have been combated or extinguished as provided for in this act, the forest fire-warden shall pre- pare a correct statement of expenses, upon forms to be fur- nished by the department ; which statement must be verified by oath or affirmation, and must be filed with the district warden, and by' him forwarded to the chief forest fire- warden within sixty days of the date of fire. (c) He shall promptly investigate the cause of each fire which comes to his knowledge, collect such evidence as may be discovered relating thereto, and such other facts as he may be directed, and report the same to the chief forest fire-warden. (d) Upon receipt of a check from the State Treasurer, he shall at once pay by check the amounts due to such per- sons as are entitled to receive pay from him. (e) He shall attend an annual meeting of fire-wardens in his district when notified, or present a reasonable excuse. (f) When designated as a patrolman or watchman, he shall perform such duties as may be assigned him by the chief forest fire-warden or by the district fire-warden, [h. 1915, act 353, art. IV, sec. 404=5 Pur. Dig., p. 6237, sec. 15.] No. 97. Each Local Forest Fire Warden shall be paid at the rate per hour to be fixed from time to time by the State Forest Commission not exceeding a maximum of 50 cents per hour for the time actually employed in the performance of bis duties. He shall also be paid for the necessary expenses incurred in the performance of his duties. A Local Forest Fire Warden shall not be paid from the forest protection ap- propriation in any one month an amount in excess of $75.00 unless he shall have been regularly employed as a patrolman or otherwise. [L. 1915, act 353, art. IV, sec. 405=5 Pur. Dig., p. 6237, sees. 16, 17 ; as amended by L. 1921 '», act 299, see. 5.] No. 98. The chief forest fire-warden may appoint persons who will serve without compensation as special or as ex- offlcio forest fire-wardens. They shall have the same power and authority as local forest fire-wardens, but their duties STATE FORESTRY LAWS PENNSYLVANIA. 35 may be changed or extended by the chief forest fire-warden. [L. 1915, act 353, art. V, sec. 501=5 Pur. Dig., p. 6237, sec. 18.] No. 99. Foresters and rangers in the employ of the De- partment of Forestry shall be forest fire-wardens cx-oCBclo. [L. 1915, act H-'iS, art. V, sec. 502=5 Pur. Dig., p. 6237, sec. 19] No. 100. Special and exofEcio forest fire-wardens shall re- ceive no compensation under this act, other than the necessary expenses incurred by them in the performance of their duties US fire-wardens. (L. 1915, act 353, art. V, sec. 503=5 Pur. Dig., p. 6237, sec. 20.] No. 101. A flre-warden shall have authority to employ such other persons as, in his judgment, may be necessary to render assistance in extinguishing fire ; and, whenever it shall not otherwise be possible for him to secure a sufficient num- ber of persons to assist in extinguishing fire, he is hereby authorized to compel the attendance of persons and to require them to render assistance in the extinguishing of fire, under penalties prescribed in this act. [L. 1915, act 353, art. VI, sec. 601=5 Pur. Dig., p. 6237, sec. 21.] No. 102. A flre-warden shall have authority to administer an oath or affirmation, in order to examine any person who he believes knows facts relating to any fire, or who claims compensation for services rendered. [L. 1915. act 353, art. VI, sec. 002=5 Pur. Dig., p. 6237, sec. 22.] No. 103. Every official provided for by this act shall have authority to enter upon any land at any time for the pur- pose of performing duties in accordance herewith. [L. 1915, act 353, art. VI, sec. 603=5 Pur. Dig., p. 6237, sec. 23.] No. 104. A fire-warden shall have power to arrest on view, without first procuring a warrant, any person detected by him in the act of committing an offense against any of the laws now enacted or hereafter to be enacted for the iiro- tection of forests, woodlots. timber, or wild lands, or when he shall have a reasonable suspicion that any person is com- mitting or is about to commit some such offense. The war- den shall have further power to take the offender before a justice of the peace, or other magistrate having jurisdiction, for hearing, trial, or other due process of law. The further conduct of any such case shall be entrusted tn, and be under- taken by, the Attorney General. [L. 1915, act 353, art. VI, sec. 604=5 Pur. Dig., p. 6237, sec. 24.] See also Nos. 9; 2S. No. 105. A flre-warden shall not be personally liable for any act required or permitted to be done under the provisions of this law, while acting within the scope of his duties as a flre-warden. [L. 1915, act 353, art. VI, sec. 605=5 Pur. Dig., sec. 25.] No. loe. Persons who extinguish or help to extingulsli forest fires except as otherwise provided shall be paid at a rate per hour to be determined for each forest fire district by the chief forest fire warden with the approval of the Com- missioner of Forestry, and based upon the rates of wages received for day labor within the respective forest fire dis- tricts, provided the rate does not exceed forty cents per hour. (L. 1915, act 353, art. VII. sec. 701=5 Pur. Dig., p. 6238, sec. 26 ; as amended by L. 1921 '^ act 299, sec. 6.] No. lOT. If any person shall feel aggrieved by the act of any fire-warden, such person may appeal to the Commissioner of Forestry, who will examine into the complaint. After hearing the parties he shall decide as to him shall seem just and right. [L. 1915. act 353, art. VII, sec. 702=5 Pur. Dig., p. 6238, sec. 27.] No. 108. Nothing in this act shall be so construed as to relieve the owner or lessee of lands, upon which fires may burn or be started, from the duty of extinguishing such flre so far as may lie within his power. No owner or lessee of land upon which fire may burn or he started, nor any person during employment with such owner or lessee, nor any other person with a present vested interest in such land, shall receive compen.sation under this act for extinguishing fire upon his land or the land to which his interest is attached. No person who is responsible for the spreading of a flre to a woodlot, forest, or wild land, nor any person in bis employ, may receive compensation from a flre-warden for helping to extinguish such flre. [L. 1915, act 353, art. VII, sec. 703=5 Pur. Dig., p. 6238, sees. 28, 29, 30.] No. 109. All steam and electric railroad companies own- ing or operating lines of railroad within the State shall put into effect such reasonable regulations for the prevention of forest flre as may be deemed neces.sary by the chief forest flre-warden, providing the regulations be approved by the Public Service Commission. (L. 1915. act 353, art. VIII, sec. 801=5 Pur. Dig., p. 6238, sec. 31.] No. 110. Expenses incurred under this act shall be paid from the general forest protection appropriation. [L. 1915, act 353, art. IX, sec. 901=5 Pur. Dig., p. 6238, sec. 32.] No. 111. No bills of expenses relating to the protection of forests from fire incurred under this act, shall be honored by the chief forest flre-warden unless presented to him within sixty days after the expen.se has been incurred. [L. 1915, act 353, art. IX, sec. 902=5 Pur. Dig., p. 6238, see. 33.] No. lia. The .\uditor General shall satisfy himself as to the correctness of all bills transmitted to him l)y the Com- missioner of Forestry for expense incurred under this act, and shall then draw his warrants against the general forest protection appropriation in favor of the persons and for the amounts shown by tlie approved bills. [Ia 1915, act 353, art. IX, sec. 903=5 Pur. Dig., p. 6238, sec. 34.) No. 113. If a flre-warden shall fail to perform his duty, or shall render a false or fraudulent statement of service alleged to have been performed, or shall fail to pay promptly the respective amounts due those who have rendered service, after said amounts have been transmitted to him, he shall be guilty of a misdemeanor, and upon conviction thereof shall lie fined a sum not exceeding one hundred dollars, or undergo imprisonment not exceeding three month.s, or both, in the discretion of the court. [L. 1915, act 353, art. X, sec. 1001=5 Pur. Dig., p. 6238, see. 35.] See also No. 110. No. 114. It any fire-warden, being in need of assistance in the suppression ot fire, shall call upon any person to render assistance, and such person shall refuse without a Just and fair excuse he is hereby declared to be guilty of a misdemeanor, and upon conviction thereof shall be sen- tenced to pay a fine not exceeding one hundred dollars, or undergo imprisonment not exceeding one month, or both, in the discretion of the court. [L. 1915, act. 353, art. X, sec. 1002=5 Pur. Dig., p. 6238, sec. 36.] See aUo No. U9. No. 115. .i person who shall prevent or obstruct, or at- tempt to prevent or obstruct, a fire-warden in the perform- ance of a duty required by this act, or the exercise of the rights of entry, access, or examination by any warden or oflicer of this bureau, shall be guilty of a misdemeanor, and upon conviction thereof shall be sentenced to pay a fine not exceeding one hundred dollars, or undergo imprisonment not exceeding one month, or both, in the discretion of the court. 36 STATE FORESTRY LAWS PENxSYLVANIA. [L. 1915, act 353, art. X, si'C. 1003=5 Pur. Dig., p. 0238, sec. 37.) See also No. IB. No. 116. Every person or corporation refusing to comply witli an order of tlie chief forest fire-warden for tlie abatement of a nuisance, under this act, shall be guilty of a misdemeanor, and upon conviction thereof shall be sentenced to pay a fine of not more than one hundred dollars, or undergo imprison- ment not exceeding one month, or both, in the discretion of the court. In construing or enforcing the provisions respect- ing the abatement of nuisances, under this act, the neglect or refusal of any officer, agent, or other person acting for or employed by a corporation, and h.aving within the scope of his employment the supervision of the property com- plained about, shall in every case be deemed to be the neglect or refusal of the corporation itself. Every day's continuance in the non-abatement of a nuisance, after an order by the chief forest f.re-wardin to abate the same, shall be a separate and distinct offense. If a preliminary injunction be granted or aJiy interlocu- tory order of supersedeas intervene, no penalty shall be incurred on account of non-abatement of such nuisance for the period of time such injunction or supersedeas is in force. [L. 1915, act 353, art. X, sec. 1004=5 Pur. Dig., p. 6238, sees. 38, 39, 40.] See also No. 119. No. 117. Whenever a Are set by any person destroys prop- erty belonging to another, it shall be prima facie evidence that the loss occasioned is the result of negligence, and that the person responsible therefor is guilty of a misdemeanor. Upon conviction he shall be fined not exceeding one thousand dollars for each offense, or undergo imprisonment not exceed- ing six months, or both, in the discretion of the court. This section shall not apply to the .setting of a back fire in good faith, to extinguish a (ire then burning. [L. 1915, act 353, art. X, see. 1005=5 Pur. Dig., p. 6239, sec. 41.] See also No. 119. No. 118. Every steam and electric railroad company, own- ing or operating lines of railroad within the State, which shall neglect or refuse to put into effect such rea.sonahle regulations for the prevention of forest fire as may be deemed necessary by the chief forest fire-warden and ap- proved by the Public Service Commission, shall forfeit and pay to the Commonwealth of Pennsylvania, tor each neglect or refusal, the sum of one hundred dollars, to be recovered by an action of assumpsit, instituted in the name of the Commonwealth by the Attorney General in the court of common pleas of Dauphin County, which court is hereby clothed with exclusive Jurisdiction throughout the Common- wealth to hear and determine such actions. Every day's continuance in refusal to comply with such regulations, after a notice from the chief forest fire-warden and the lapse of a reasonable length of time for compliance therewith, which time shall be fixed in the notice, shall be a separate and distinct offense. [L. 1915, act 353, art. X, sec. 1006=5 Pur. Dig., p. 6239, sees. 42, 43.] See also No. 119. No. 11J>. Moneys received from the payment of fines shall be paid to the treasurer of the county in which suit is brought, for the use of the county, except as otherwise pro- vided in this act. [L. 1915, act 353, art. X, sec. 1007=5 Pur. Dig., p. 6239, sec. 44.] See also Nos. 113, Hi, 115, IK, in, lis. No. 120. When, in the judgment of the Commissioner of Forestry, he deems it necessary for general forest protection that causes or agencies injurious to trees and forests, other than fire, be investigated, reported upon, or abated, he is hereby authorized to assign to the Bureau of Forest Protec- tion persons competent for such work. The salaries of such persons, so assigned, shall be fixed by the Commissioner of Forestry, and shall in no case exceed the ordinary and usual amount paid for such services. Salaries and expenses shall be paid out of the general forest protection appropriation. (L, 1915, act 353, art. XI, sec. 1101=5 Pur. Dig., p. 6239, sec. 45.] No. 121. NOTE. — The provisions of section 1201, which consti- tutes Article XII of act 353, L. 1915 are obsolete. No. 122. All acts or parts of acts inconsistent with or supplied by this act are repealed. [L. 1915, act 353, art XIII, sec. 1301=5 Pur. Dig., p. 6239, sec. 47.] No. 12."S. Be it enacted, &c.. That the Department of For- estry is authorized to enter into agreements for the pre- vention and suppression of forest fires with county, township, municipal, and private agencies owning or controIUng wood- lots, forests, or wild lands, or whose activities in whole or in part are directed toward the prevention and suppression of forest fires. The department is authorized to expend from its general forest fire appropriation, for such protective and preventive purposes as it deems effective, a sum of money equal in amount to the amount which shall be expended by such agencies in accordance with such agreements. All ex- penditures must first be presented to the Department of Forestry in monthly statements, in form and manner pre- scribed for the payment of any sum from the forest fire ap- propriation. The Commissioner of Forestry shall audit the same and transmit them to the Auditor General, who shall then draw his warrant for one-half of the amount of ex- penditures approved by the Commissioner of Forestry. [L. 1915, act 361, sec. 1=5 Pur. Dig., p. 6249, sec. 125.] No. 124. That every county, township, municipal, or pri- vate agency working under agreement with the department, in accordance with this act, shall render to the department, at the end of each calendar year, a report setting forth a com- plete itemized statement of expenditures made with a view to the prevention and suppression of forest fires, and stating such other information as the department may request. The financial statement and facts relating thereto shall be ac- companied by an affidavit subscribed to by the person author- ized to make the report. [L. 1915, act 361, sec. 2=5 Pur. Dig., p. 6249, sec. 126.] No. 125. All acts and parts of acts inconsistent with or supplied by this act are repealed. [L. 1915, act 361, sec. 3^5 Pur. Dig., p. 6250, sec. 127.] No. 120. Be it enacted, &c.. That the Department of For- estry Is herehy empowered to grant rights of way through State forests to individuals or corporations who may apply therefor, when it shall appear to the department that the grant of a right of way will not so adversely affect the land as to interfere with its usual and orderly administration, and when it shall appear th.it the interests of the Common- wealth or of its citizens will be promoted by such grant. [L. 1915, act 362, sec. 1=5 Pur. Dig., p. 6240, sec. 50.] No. 127. A right of way, under this act, is hereby con- strued to include a passage, haulage, flowage, or transmis- sion tor any lawful purpose. [L. 1915, act 362, sec. 2=5 Pur. Dig., p. 6240, sec. 51.] No. 128. All acts or parts of acts inconsistent with or supplied by this act are repealed. [L. 1915, act 362, sec. 3=5 Pur. Dig., p. 6240, sec. 52.] No. 129. Be it enacted, &e., That the Department of For- estry is hereby .authorized to purchase and receive convey- ance of surface rights to any lands within this Common- STATE FORESTRY LAWS PENNSYLVANIA. 37 wealth, for forestry purposps, anrt to hold such lands as State forests. [L. 1917, art 88, sec. 1.] Mo. 130. Where the title to any such land is subject to outstanding rights conveying waters, minerals, oil, gas, or other valuable deposits, or any privileges or reservations whatsoever, the Department of Forestry may. in its dis- cretion, accept convpjance of the surface rights to such lands, where the administration of scientific and practical forestry will not be interfered with or made impossible by such outstanding rlijhts, privileges, or reservations. IL. 1917, act 88, sec. 2.] \«. 131. Be it enacted, &c.. That, whenever the Depart- ment of Forestry shall acquire lands for State forest pur- poses, included in which in the judgment of the Department there may be small areas better suited for ordinary agricul- ture than for the growing of forest trees, the Department may execute leases for such agricultural land to those who will plant it in ordinary agricultural crops and cultivate it. at such rate of rental as shall bo equitable, and under such conditions as the Dep.artnient may deem necessary and tise- ful, for the purpose of bringing into a .state of food-plant production such areas as are normally better suited for agriculture than for other purposes. [L. 1917, act 295, sec. 1.] No. 132. All leases for such agricultural areas shall be for a term not exceeding ten years, and may be terminated earlier by mutual asrecmcnt of the parties. At the ex- piration of the term, a renewal of the lease may be made for a like term, or a lessor period, upon the same or such new conditions as may bo mutually satisfactory. [L. 1917, act 295, sec. 2.] \o. 133. If more than one person shall apply for the same tract, the lease shall be advertised for sale in three local county papers, if there be so many, once a week for three weeks, and may then be awarded to the highest re- sponsible bidder, if said bid is satisfactory in amount to the Department of Forestry. [L. 1917, act 295, sec. 3.] No. 134. At the termination of any such lease the lessee shall have the privilege of removing from the land buildings and fences which may have been placed there at his own expense, or the same may be purchased by the lessor, as a part of the permanent improvement of the tract, upon such terms as may be Just and mutually .satisfactory to the parties. [L. 1917, act 295, sec. 4.] !Vo. 135. Where such land must necessarily be retained in cultivation for Department purposes, or for the use of De- partment employes, the Department may, in its Judgment, decline to receive bids and execute leases for such tracts. II.. 1917, act 295, sec. .5.) No. 136. Be it enacted, &c.. That from and after the pas- sage of this ad. all lands now acquired or hereafter to be acquired by the Commonwealth for State forests, shall be subject to an annual charge of one cent per acre for the benefit of the counties in which said State forests are located. [L. 1919, act Gl,. sec. 1.] No. 137. The Commissioner of Forestry shall certify the respective areas in the counties to the State Treasurer, and the state Treasurer shall pay the amount of the charge in favor of each county in the same manner as the fixed charges upon State forists for road and school purposes are now certified and paid. [L. 1919, act Gl, sec. 2.] No. 13S. It shall be the duty of the Department of State I'olice to aid in the enforcement of all laws relating to game. fish, forestry, and water supply. Members of the State Police Force are authorized and 'empowered to act as game- protectors and as forest-, fish-, or fire-wardens. [L. 1919, act 179, sec. 11,] No. 138 (n). The State Police, with the approval of the Governor, may be called upon, by any other department of the State Government, to enforce ail laws applicable or pertaining to such department or any regulation thereof. [L. 1919, act 179, sec. 13.] No. 139. Be it enacted, &c.. That whenever the State Forestry Reservation Commission or the Commission of Conservation " desires to acquire land suitable and desirable for forestry purposes for the use and benefit of the State as forestry lands, and a price for such lands cannot be agreed upon with the owner or owners thereof, or where such owner or owners cannot be found, in all such cases the Department of Forestry or the Department of Conservation ^ is author- ized to acquire the said lands by condemnation. [L. 1919, act 289, sec. 1.) No. 140. The Commissioner of Forestry or the Commis- sioner of Conservation,-'' on behalf of the Commonwealth, may enter upon any of such lands and take possession there- of. Thereupon the Commissioner for Forestry or the Com- missioner of Conservation." through the Attorney General, or any of the owners, if known, may apply to the court of common pleas of the county wherein such lands are located for the appointment of viewers. The court shall appoint three viewers, and shall appoint a time, not less than twenty nor more than thirty days after the presentation of such petition, when the viewers shall meet upon the lands and view the same and all improvements in connection therewith. [L. 1919, act 289, sec. 2.] No. 141. The viewers shall give at least ten days notice of their first meeting to the Commissioner of Forestry or the Commissioner of Conservation,^' and to the Attorney Gen- eral, and to the owners of such land, if known. If the owners of such lands are unknown, notice shall be given in at least two newspapers in such manner as the court may direct. The viewers, having been sworn or affirmed faithfully. Justly, and impartially to decide and a true re- port to make, concerning all matters to be submitted to them and in relation to which they are authorized to inquire, and having viewed the lands and premises, shall hear the parties and their witnesses, and shall estimate and deter- mine the value of the property so taken. Where the owner of such lands and premises is unknown, the viewers shall estimate and determine the value of the land and improve- ments upon the testimony of the witnesses for the Com- monwealth and any witnesses called by the viewers. [L. 1919, act 289, sec. 3.] No. 142. The viewers shall prepare their report and shall give at least ten days written notice of a time and place where they will meet and exhibit their report and hear all exceptions thereto. If any owners of said lands are tin- known, notice shall be given in two newspapers in the same manner as the notice of their first meeting was given. [L. 1919, act 289, sec. 4.] No. 1-13. .\fter making whatever changes are necessary, the viiwers shall report to court, showing the damages allowed, and. if necessary, shall also file a plan showing the property taken. In all cases where the owners are known, the report shall also state to whom the damages are payable. " The bill which proposed the creation of a Conservation Commission (or Department) was defeated at the 1919 session of the legislature. 38 STATE FORESTRY LAWS PENNSYLVANIA. In cases where the owners of the property are not known, that fact shall be clearly stated in the report. [L. 1919, act 289, sec. 5.] No. 144. When the report is filed, notice thereof shall im- mediately be given to the Commissioner of Forestry or the Commissioner of Conservation,:" the Attorney General and the owners of the land where known, which notice shall state that, unless exceptions be filed thereto within thirty days after the filing of the report, the same will be I'ou- firmed absolutely. Where any owners of such lands are unknown, notice shall be given in at least two newspapers in such manner as the court shall direct. [T.. 1919, act 289, sec. 6.1 fiu. 145. Within thirty days after the tiling of any re- port, the Commonwealth, or the owners of such lands, may file exceptions to the same, and the court shall confirm, modify, or change such report, or refer the same back to the same or new viewers. [L. 1919, act 289, sec. 7.] No. 146. When the report is filed, the prothonotary shall mark it " confirmed nisi." In case no exceptions are filed thereto within the time herein specified, the court shall make a decree that the report is confirmed absolutely, which de- cree shall be entered by the prothonotary. [L. 1919, act 289, sec. 8.] No. 147. Within thirty days after any report of viewers is filed under this act, the Commonwealth or the owners of such land may appeal to the court of common pleas and demand a trial by jury. Within six months after a con- firmation absolute on exceptions, or within six months after a verdict and final judgment on appeal for a jury trial, the Commissioner of Forestry or the Commissioner of Con- servation =' or the owners of such land may appeal to the Supreme or to the Superior court. ,ts in other cases. [L. 1919, act 289, sec. 9.] No. 148. When the amount payable to the owner of such land has been finally determined, the same shall be paid by the Commissioner of Forestry or the Commissioner of Con- servation ^ from the appropriations that may be made for such purposes ; all costs in connection with any such pro- ceedings shall be paid by the Commonwealth. [L. 1919, act 289, sec. 10.] No. 149. When the owners of such lands are unknown, the Commissioner of Forestry or the Commissioner of Con- servation 27 may enter upon and appropriate the land for the use of the State as herein provided. In all cases where the owners of lands are unknown, and the report of viewers has been finally confirmed, the Commonwealth shall be liable for all damages awarded therein. If at any time after the final confirmation of the report of viewers any person ap- pears and proves title to said lands, such persons shall be entitled to, and receive from the Commonwealth, the sum so awarded by the viewers. Any such claimant of the land may petition the court of common pleas of the county wherein the land is located, ^ving a brief outline of the facts upon which the claim is based. Thereupon the court shall direct an issue to be framed, wherein the claimant shall appear as plaintiff and the Commonwealth of Penn- sylvania as defendant. Such issue shall be tried according to the rules of procedure and evidence governing trials in ejectment, with a right of appeal by either party to the proper appellate court. It the final judgment on such issue is in favor of the plaintiff, the sum awarded by the report as finally confirmed shall be paid by the Commonwealth In said claimant. The party to the action against whom the judg- ment is entered shall be liable for the costs as provided by law in other civil actions. [L. 1919, act 289, sec. 11.] No. 150. The Department of Forestry or the Department of Conservation =' of the Commonwealth shall have the con- trol and supervision of all such lands acquired under the provisions of this act. All income and revenue derived from said lands shall be expended in the same manner and for the same purposes as provided by law for the expenditure of the income from the state forests. [L. 1919, act 289, sec. 12.] No. 151. Be it enacted by the Senate and House of Repre- sentatives of the Commonwealth of Pennsylvania in General Assembly met and it is hereby enacted by the authority of the same. That whenever the State Forest Commission shall determine and declare by a resolution adopted unanimously at a meeting when a majority of its members are present and voting and approved by the Governor, that it will be to the advantage of the State forest interests, said State Forest Commis.sion may by such resolution so approved authorize either of the following actions to be taken : (a) That after such public hearing as the State Forest Commission may prescribe, any State forest land together with the buildings, improvements, and appurtenances thereof may be exchanged for privately owned land of equal or greater value, and at least equally adapted to State forest purposes. (b) That after the advertisement provided for in section five hereof any State forest land together with the buildings, improvements, and appurtenances thereof declared by said resolution to be more valuable for other use than for State forest purposes and not needed for use in the administration and protection of the State Forests, may be sold to the party or parties offering the highest price therefor. ( T/. 1021 ,'' act 194, sec. 1.1 No. 151 (a). Upon the adoption of any such resolution, the Attorney General shall prepare the necessary deed or deeds to consummate the exchange or sale provided for and authorized in section one hereof, and the Governor of the Commonwealth is hereby authorized to execute such deed or deeds for and on behalf of the Commonwealth of Pennsyl- vania, and aflix thereto the seal of the Commonwealth, all to the intent and effect that the title of the State forest land together with its buildings, improvements, and appurtenances thus exchanged or sold may be vested in the party or parties entitled thereto, pursuant to the resolution of the State Forest Commission, but in case of sale no deed shall be delivered until the purchase price shall have been paid in full. [L. 1921,'= act 194, sec. 2.] No. l.";! (Ii). Pefore the exchange of lands pursuanl lo section one hi>reof. the Attorney General shall examine and approve the title of the privately owned lands to be received in exchange and the deed or deeds from the Commonwealth of Pennsylvania shall be delivered only when a sufficient deed or deeds to the Commonwealth of Pennsylvania for the land to be received by the State shall have been approved by the .\ltorney General and delivered and immediately upon the execution, acknowledgment, approval, and delivery of the deeds to the Commonwealth of Pennsylvania, the lands thus granted shall become and be a part of the State forests sub- ject to all the laws and rules governing the State forest land. [L. 1921," act 194, sec. 8.] 2' The bill which proposed the creation of a Conservation Commission (or Department) was defeated nt the 1919 session of the legislature. " Authenticated copies of the 1921 legislation used in this ieartet were procured informally, from the office of the Com- missioner of Forestry, in advance of the official p\iblieation of the volume of Session Laws. STATE FORESTRY LAWS — PEXXSYLVAXIA. 39 Xo. 161 (c). All receipts from the sale of any State for- est land shall he deposited in the treasury and said receipts shall be and are hereby appropriated and made available until expended for use separately or in conjunction with any othor appropriations for the acquisition of land for State forest purposes. [I.. 1921,'^ act 194. sec. 4.] .See also Xos. S2a; 526. ><«. 151 (fi). Hefore the sale of any State forest land under the power granted by this act, the State Forest Com- mission shall advertise such proposed sale at least once each week for three successive weeks in at least two newspapers published within the State, one of which shall be published in the city or town nearest tlie land to be sold. [L. 1921," act 194, sec. 5.] No. 151 (e). .\ll acts or parts of acts inoonsistint with or supplied by this act are hereby repealed. [L. 19LM,'-'' act 194. sec. 6.] GROUP OF ACTS CONSTITUTING FIREWARDEN SYSTEM PRIOR TO 1915; Xo. 152. That it shall be the duty of the commissioners of the several counties of this Commonwealth to appoint per- sons, under oath, whose duty it shall be to ferret out and bring to punishment all persons or corporations who either wilfully or otherwise cause the burning of timber lands within the respective counties, and to take measures to have such fires extinguished where it can he done ; and on failure of the commissioners of any county, after demand made upon them by the Commissioner of Forestry of this Common- wealth, to comply with this provision, thiy shall be deemed guilty of a misdemeanor in office, and upon conviction thereof shall be fined in a sum not exceeding one hundred dollars, or suffer an imprisonment nut exceeding two years. y them in the act of violating any of the aforesaid laws for the protection of forests and timber lands, game, and food ami game fish, and take such person or per- sons forthwith before a Justice of the peace or other magis- trate having jurisdiction, who shall proceed without delay to hear, try and determine the matter. Such arrests may be also made on Sunday, in which case the person or persons arrested shall he taken before the proper officer, and pro- ceeded against as soon as may be on a week day following the arrest.'" IT.. l.'<99, ,act 14. sec. 2=1 Pur. Dig., p. 730, sec. .-.0.] "Authenticated copies of the 1921 legislation used in this leaflet were procured informally, from the office of the Com missioner of Forestry, in advance of the official publication of the volume of Session Laws. Note. — Section ,'i. net 14. I.. 1899 (1 Pur. lilg., p. 7:io. sec. 51) gives said Constables and Wardens power to search and examine, without warrant, any boat convey- ance, vehicle, fish box, etc.. " when they have good rea- son to believe that any of the laws for the protection of forests and timber lands, game and fish have been violated," and exempts them from liability for damages in connection with such action. These are the only pro- visions of this section which are in anywise relevant to the purposes of this compilation.^^ Xo. 155. .\ny constable or warden, upon the arrest and prosecution of any offender to conviction under the pro visions of this act, shall, in addition to the fees to which he may be entitled under existing laws, be paid for his services the sum of ten dollars on a warrant drawn by the county commissioners on the county treasurer, one half of which shall be paid out of the treasury of the respective county, and the remaining half of said reward shall be paid by the State Treasurer into the treasury of said county, out of moneys not otherwise appropriated, upon warrant from the Auditor General, but no such warrant shall he drawn until the respective county commissioners shall have first furni.shed, under oath, to the Auditor General, a written itemized statement of such expense, and until the .same is approved by the Auditor General : Provided, That no county shall he liable to pay for this purpose in any one year an amount exceeding five hundred dollars. =• (L. 1S99, act 14, sec. 4=1 Pur. Dig., p. 730, sec. 54.] Xo. 156. Each of said constables or wardens shall, for the purpose of this act, have concurrent jurisdiction throughout his own proper county ; and they shall in the first week in each term of the court of quarter sessions of their respective counties, make special returns to said court, under oath, of all violations occurring in their re- spective townships, or which may come or be brought to their notice, of any of the provisions of any law now in force, or that may hereafter be enacted, for the protec- tion of forests and timber lands, game and fish ; and it ™ Under the firewarden system (Nos. 159-180) which pre- ceded the present system, the Commissioner acted as Chief Firewarden. That earlier system, and certain additional fire protection measures, imposing duties upon County Commis- sioners and the Commissioner of Forestry, and also making Constables Ex-offlcio Fire, Game, and Fish Wardens (see .Vo». J52—15S), have, however, been made subject to reorganiza- tion by the Chief Forest Firewarden, in order to conform those earlier provisions to the present system (sec .Vo. 87c) : and, in consequence, the general operation of the earlier pro- visions during the process of reorganization rests with the Chief Forest Firewarden. It is, of course, impossible to indi- cate to what extent the reorganization, as made so far, may have resulted in replacing the former provisions. While, however, the reorganization is in course of being effected, the Chief Forest Firewarden operates under the earlier fire protection provisions to whatever extent they may not have lieen replaced. 40 STATE FORESTRY LAWS PENNSYLVANIA. shall be the duty of the Judge of said court to see that such returns are faithfully made, and any constable or warden wilfully neglecting or refusing to make such re- turns, or to prosecute any offense under said laws of which 111' shall liavi' personal knowlcdye. or of which he shall have notice in writing by any citizen, giving the name of the offender together with the names of 1he witnesses, shall be guilty of a misdemeanor, and upon conviction thereof be sentenced to pay a fine of fifty dollars, or to undergo an imprisonment in the county Jail of two months, both or either, at the discretion of the court .=» [L. 1899, act 14, ,sec. fi=l Pur. Dig., p. 730, sec. 55.] No. 157. Be it enacted, &c.. That when the commissioners of any county or counties fail to " appoint persons under oath, whose duty it shall be to ferret out and bring to punish- ment all persons or corporations who either wilfully or otherwise cause the burning of timber land within their re- spective counties," as is provided tor by the act of July 15th, 1?97, or when they have appointed inefficient per.sons to do the work aforesaid ; the Commissioner of Forestry may, on the request of residents of a county in which such fires have been created, or on the request of the owner or owners of land which has been Injured by the fires so created, appoint a detective or detectives, and employ an attorney or at- torneys, to ferret out and bring to punishment, as aforesaid, those who cause the burning of timber lands ; and all ex- penses incurred by the Commissioner of Forestry under the operation of this act shall be paid by the State Treasurer, on warrant drawn by the Auditor General, if the said bills shall be approved by the Governor and the Commissioner of Forestry ; and all the fines collected shall be paid by the magistrate or by order of the court to the Commissioner of Forestry, and be paid by him to the Treasurer of the Com- monwealth.™ [L. 1901, act 86, sec. 1=2 Pur. Dig., p. 1746, sec. 46.] No. 158. When conviction Is obtained, under the provi- sions of this act, of persons or corporations causing the burn- ing of timber lands, then the Auditor General, on the re- quest of the Commissioner of Forestry, may refuse to pay the State's share of the money due to the county for the services of the person or persons, appointed by the county commissioners, to ferret out and bring to punishment tho.se who caused forest fires in the district where such persons served as fire detectives, to make arrests and secure convic- tions, and for which conviction was obtained by the detec- tives appointed by the Commissioner of Forestry.^ [L. 1901, act 86, sec. 2=2 Pur. Dig., p. 1747, sec. 47.] No. 159. Be it enacted, &c., That there he hereby insti- tuted and created a system of fire-wardens, within this Com- monwealth, whose duty it shall be to protect forests, farm- ers' woodlots, and wild lands by preventing and suppressing flres.=» [L. 1909, act 601, sec. 1=5 Pur. Dig., p. 6246, sec. 96.] No. 160. The Commissioner of Forestry and the Deputy Commissioner of Forestr.v shall be, respectively, the Chief Fire Warden and the Deputy Chief Fire Warden of this Commonwealth, for the enforcement of the provisions of this act. They shall have immediate supervision and con- trol of the whole system of fire-wardens hereby created, and, as such, shall have full power and authority to carry the same into effect. =» [L. 1909, act 601, sec. 2=5 Pur. Dig., p. 6246, sec. 97.) No. IGl. As soon after the approval of this act as may be convenient, the Commissioner of Forestry shall appoint in each borough and township in this Commonwealth, if in his judgment necessit.v exists for such appointment, a suit- able and competent person, who shall be known as the dis- trict fire-warden of the particular borough or township wherein he shall be appointed. The persons appointed dis- trict fire-wardens shall be expressly chosen to carry out the provisions of this act, by reason of their physical fitness and their good reputation for sobriety, lionesty, and ability to perform the duties herein demanded and required." [L. 1909, act 601, sec. .•'.=5 Pur. Dig., p. 6246, sec. 98.] >'o. 163. Every district fire-warden and every assistant fire-warden, appointed or provided for under the pro- visions of this act, shall procure, at his own expense, and wear and lie known by, an appropriate badge of authority, to be approve. The said fire-wardens shall not be limited in I heir Jurisdiction, as such, to the boroughs, townships, or counties for or within which they may be appointed ; but shall have power and authority to enter adjacent or other boroughs, townships, or counties, and there exercise the authority and perform the duties conferred upon them by this act : Provided, That when, for the purpo.se of extinguish- ing flre, a fire-warden shall enter adjacent or other territory than that for or within which he shall have been appointed, the local warden, if present, shall be in command and direct the work of the various flre-flghtlng crews."-' |L. 1909. act 601, sec. 12=5 Pur. Dig., p. 6247, sec. 108.] No. 17J. Whenever any Ure-warden, or person employed by him, shall have rendered service in the extinguishment of fire which may have burned within two or more counties, the district fire-warden shall render to the Commissioner of Forestry his report, as hereinbefore required, relating to each of the said counties, in order that the expense of extinguish ing flre may be rightly and properly distributed between or among the counties in which fire may have burned."' [L. 1909, act 601, sec. 13=5 Pur. Dig., p. 6248, sec. 109.] No. 172. Whenever any flre-warden, by reason of physical disability, or unavoidable absence from home during the fire season, or for any good and sufficient cause, shall be unable to perform the duties required by this act. he is. hereby em- powered, with the consent of the Commissioner of Forestry, to employ a suitable person to act in his stead ; which said person, so appointed, shall have all the qualifications de- manded of the fire-warden, and for services so rendered. In the absence of the fire-warden, he shall receive the same compensation : Provided, That the reports hereinbefore re- quired to be made to the Commissioner of Forestry shall be made by the district fire-warden. In case the death of the district fire-waiden should occur before making the report herein required, or in case of his total physical disability, the said report may be made by an assistant fire-warden, alter first ascertaining the facts; and in making such exam- ination or Investigation, such assistant fire-warden is hereby empowered to examine persons, under oath or aflirmation to be administered by himself. => (l. 1909, act 601, sec. 14=5 Pur. Dig., p. 6248, sec. 110.] No. 173. Whenever, In the absence of a flre-warden, a forest, woodlot. or wild land fire shall he extinguished or lombatted by persons without first having been employed by said warden, such persons shall receive the compensation allowed by this act : Provided, That after a thorough in- vestigation by the district flre-warden, wherein he shall hav« power and authority to examine persons under oath or allirmatlon, administered by himself, he shall have ascer- tained, as a result of his investigation, the facts hereinbefore required to be included In his report to the Commissioner of Forestry, the truth of which he shall first have fully demon- strated to his own satisfaction : Provid.-d further, That If his Investigation shall disclose that any person, so claiming compensation, set the fire, or in any manner, carelessly, negligently, or maliciously, contributed to Its burning, such person not only shall not be allowed any compensation, but shall be proceeded against criminally, if in the Judgment of the CommLssioner of Forestry the evidence shall warrant such prosecution. » [L. 1909, act 601, sec. 15=5 Pur. Dig., p. 6248, sec. 111.] See also Ko. 165. No. 17*. No fire-warden, appointed In accordance with the provisions of this act, shall he personally liable to any person employe