e i i} t Hy i itt ee "3 i ie eat a Vn di Late ‘ ul tT eetat Aid Raa 4) Ty Mi cee Ne 4 —s = + ase es es - == See ae >e5 = eS. 3 = ==55 — SSS5ir: aot = = 5 <= z= — = ese = eee + aS ee = < => cs .) : 4) a ea i ee i My Hate M \ ALAM aia) a) ay u Asa Wa ih et Misc, S--2 Date of issue June 21, 1915 UNITED STATES DEPARTMENT OF AGRICULTURE — FOREST SERVICE Henry S. Graves, Forester FORESTRY LAWS OF WISCONSIN (Through Regular Session, 1913) Compiled in the Office of State Cooperation by Jeannie S, Peyton PURPOSE OF COMPILATION There is an immediate and growing demand for information covering the forestry laws of the various States, particularly as to their handling of certain specific subjects. Requests for such information come from a wide variety of sources, including State administrative offi- 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 the 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: ‘“ Admuinistra- tion,” “Fires,” ‘Taxation,’ and “ Public Forests,” it is believed 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 points of reference, etc., which a manual intended for legal or general administrative use would very properly include. PART I.—ADMINISTRATION. 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 traveling 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 forms and notices and | the publications hereinafter provided, and shall act as secretary of the State board of forestry. 3. Administrative and investigative duties; management of State forests, fires, trespass, lectures, etc.; cooperative work; reports.—He 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 Src. 1494-41, Wis. Srar., 1913. State board of forestry, personnel; no compensation, expenses—There shall be a State board of forestry, consisting of the president of the State university, the director of the State geological 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 their actual expenses to be audited by the secretary of state and paid out of the State treasury. Sec. 1494-42. 1. State forester; qualifications; appoint- ment.—There shall be a State forester, who shall be a tech- nically trained forester, appointed by the State board of forestry, and whether any candidate for this position is a technically trained forester shall be determined by cer- tificate from the Secretary of the United States Depart- ment of Agriculture. 2 See, on p. 2, sec. 170m. ; = == — - 3 The State forester may also be required to assist the railroad commis- 1 The State board of forestry is also charged with certain duties con- | sion of Wisconsin in determining the value of lands in connection with cerning dams and reservoirs, (Laws 1907, chap. 335, sec. 6.) certain dams and reservoirs. (Laws 1911, chap. 640, sec. 6.) 92316—15 a , FORESTRY 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 improving the State 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 purposes, 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. 1494-48a. Survey of water 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. Src. 1494-46. Assistant State forester; qualifications; 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. He shall receive a salary of two thousand dollars per year, and the actual and necessary traveling and field expenses, incurred in the conduct of his official business: He shall perform such duties as may be assigned to him by the State forester, and shall represent the latter in case of disability or absence. Secs. 1494-52 ro 1494-54. Trespass agents.3 * * * es ee 1 The geological and natural history survey of the State is, indepen- dently, charged with making a study of the forests of the State, with reference to their cultivation and preservation. (Sec. 392j-1, Wis. Stat. 1913.) i 2 See also the fire duties of the State forester which are shown in Part Il.—Fires, p. 3. * See these sections on pp. 8, 9, for additional duties of the State forester and assistant State forester as, ex officio, State trespass agent and assist- ant State trespass agent. LAWS OF WISCONSIN. 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 beens lodged with him, it shall 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 upon 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. Seo. 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. Src. 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 * * * shall 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 shall be fixed by the officer or officers 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 4 These sections concern the State civil service. LIBRARY OF CONGRESS | RECEIVED MAY.28 1494 3 ———————— FORESTRY LAWS compensation fixed by the appointing officer or officers woos 6. The salary or compensation and expenses paid to any officer, deputy, assistant, clerk, stenographer, or employe, shall be charged against the proper appropriation for the respective office, commission, board or body, with which the person receiving the same is connected. PART II.—FIRES. (1) PROTECTIVE SYSTEM. Sec. 1494-47: State and town 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 shall be the town fire wardens for their respective towns, and the superintendents of highways for the differ- ent road districts within the different towns shall be assist- ant town fire wardens for their respective towns. The State fire warden shall give the necessary instructions to all fire wardens and supervise the execution of their work. Sec. 1494-47a. Control of State force; emergency appoint- ments.—The State fire warden shall have general charge of the fire warden force of the State and shall have authority to mass such fire warden force as may be available at any special point to suppress 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 wardens. Sec. 1494-48. 1. Fire wardens 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 with the State fire warden. All fire wardens shall take prompt and effective measures against the spread and illegal setting of forest, marsh or swamp fires within their towns and districts and shall have the power of sheriffs to arrest without warrant for viola- tions of the provisions of sections 1494-47 to 1494-41, inclu- sive, and 4405a,? and of any sections of the statutes relating to setting, failure to extinguish or care of fires. They shall have authority to call upon any able-bodied citizen, in ter- ritory in which they act, to assist in extinguishing forest, marsh, swamp, and other running fires in such manner as they may direct. 2. Compensation and rewards.—Those assisting either the town or assistant town fire wardens in the extinguishing of forest, marsh, swamp and other fires shall receive com- pensation for their services at not more than twenty cents per hour for the time actually employed. The State 1 Assistants appointed by the State park board have all the powers of State and town firewardens as provided in sections 1494-48 to 1494-51, inclusive, and such powers apply to State parks. (See Wis. Stat., 1913, sec. 1494t-3m., subsec. 18.) 2 See p. 6. | unless a specific salary or compensation is provided by | OF WISCONSIN. 3 forester is authorized to approve for payment not to exceed filty 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 to any claim- ant under this section until he shall have presented an itemized account and made 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 assess 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. Src. 1494-48a. |. 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 be made to any claimant under this section until he shall have presented an itemized account, and made oath or affirmation that said account 1s just and correct, which account shall be approved by the county board, and audited by the county clerk. The county clerk shall thereupon 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. 8. $5,000 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 1See p. 6. 4 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 for that purpose by the State fire warden. Sec. 1494-51. Reports of wardens.—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. Sees. 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 149441 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 such fine and imprisonment. Sec. 1494-58. Civil liability.-— Sec. 1498. 1. Fish and game warden, fire duties; trespass reports— * * * He [the State fish and game warden] shall also perform the same duties as are in section 1636c# 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 his knowl- CAG ng ta iar Sec. 1498b. 2. County wardens, fire reports.—All deputy or special [county] wardens shall make to the State fish and game warden full and complete reports of their trans- actionsassuch, * * *. They shall also promptly make reports concerning forest fires and any trespasses upon the public lands that may come to their knowledge. * * * Src. 1498b-2. Fish and game warden and special deputy and county wardens made fire wardens.—The State fish and Sera. 1 See these sections, on pp. 9, 2, for provisions concerning arrests and prosecutions. 2 See this section, on p. 5, for civil liability for fires. 3 Sec. 1636c repealed and replaced by sees. 1494-47, 1494-48, 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) RAILROAD 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 most practicable protection against the escape of sparks and cinders from the smokestacks thereof, and each such engine shall be provided 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 provisions of this subsection, but without relieving the company from its responsibility hereunder. 3. Locomotive inspector, powers, 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-1, see Wis. Stat., 1913. FORESTRY LAWS OF WISCONSIN. any locomotive, donkey, traction, or portable engine which, in the opinion of the said inspector, 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 from 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 oi the locomotive, donkey, traction, or portable engine so rejected from service as to the efficiency or proper main- tenance of said protective devices, then the owner of said locomotive, donkey, traction, or portable engine may ap- peal to the railroad commission of Wisconsin 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, ete.— 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. Railroad fire patrol, duties of company and of State board of forestry, cost, civit 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- pony” such notice that in its opinion the conditions requife 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 | 5 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 purpose, or where they may deem it necessary in order to see that all the provisions of this section are duly complied with. 9. Penalties for violations of requirements.—Any person wilfully failing to comply with 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 FORESTRY LAWS 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 —Hach 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, under 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 shall 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 county 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. Limitation of actions for fires? * * * (3) FALLOW AND OTHER FIRES. Sec. 1636a. Order for close season, notice; 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 of actions against railroad companies for injuries caused by fires from locomotives. | OF WISCONSIN. shall make an order in writing, which shall be signed by them, prohibiting 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 published 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 person 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 both fine and imprisonment. Sec. 4405a. 1. Notice of clove season.—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 upon any land in said town or district, except for warming the person or cooking food, until written permission has been received from one of the fire wardens of said town. 2. Camp fires; 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 violating any provision of this section shall be punished by a fine of not less than ten nor more than fifty dollars, or by imprisonment in the county jail not more than six months for each offense. Sec. 4406. Failure to extingui h fires, penalty; wilful 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- gently suffer any fire upon his own land to escape beyond the limits thereof, to the injury of the land of another, shall be punished as hereinbefore provided and be liable to the person injured for all damage that may be caused by the fire. PART TI.—TAXATION. Src. 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 anystract 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 FORESTRY LAWS one thousand two hundred to the acre, shall be 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 said planted trees are kept alive and ina healthy condition. A statement or return of such plantings shall be made to the assessors when making the annual assessment, which returns shall be verified by the assessors and made the hasis 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 be left upon each acre. Sec. 1494-102. Applicant for exemption to make and file plat’.—A description and plat of all lands so planted shall be made in duplicate by the person applying for an exemp- tion under the provisions of sections 1494-101 to 1494-111, inclusive. One copy of said description and plat shall be filed with the town clerk of the town in which said land is located 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 which such exemption shall first be claimed. Src. 1494-103. If plantations do not conform, forester to cancel exemption.—The State forester is hereby authorized upon a written complaint being filed in his office that an exemption has been allowed on any plantation which has not been established or maintained in conformity with the provisions of section 1494-101, 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 established and maintained, shall cease to be exempt from taxation until the same shall be replanted, and other- wise brought within the conditions of sections 1494-101 to 1494-111, inclusive. Sec. 1494-104. Exemption within two miles of city or vil- lage.—Said exemption, as provided in section 1494-101, shall not apply to any lands within two miles of the limits of any incorporated city or village except upon written approval of the State forester, filed with the town clerk of the town in which such land is located. See. 1494-105. Hxremption privilege inviolable-—The planting of a tract in forest trees in compliance with the provisions of section 1494-101 to 1494-111, inclusive, and the filing of the description and plat of the tract so planted as provided in section 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 said 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 hereby 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 OF WISCONSIN. ui 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 privilege provided 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 proceed to determine such value. For that purpose 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 with the requirements of sections 1494-101 to 1494-111, inclusive, within two years after such determination. But 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 subsequent year. Sec. 1494-107. Town board of review’s meeting for valua- tion.—The person filing such application shall be entitled to have 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 such 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 such 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 hoard. ‘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 provided. Sec. 1494-108. Town clerk to record valuations.—The town clerk shall make a record of the proceedings and determination of the board of review upon each application under the foregoing provisions and shall enter the same in the book containing the record of other proceedings of said board. The record of each determination shall include a description of the lands to which such determination relates. Such record shall be prima facie evidence of the 8 facts therein stated, but failure to make the same shall not affect the validity of the action of the board. Src. 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. Ifsuchexemp- 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, approved 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 within 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 the 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. He may review and inspect the premises and may summon and examine witnesses under oath. His determination shall be made in writing and filed with 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 1494-103. Sec. 1494-111. Corporations, ete., 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. Src. 1092m. Forest reserve lands.\— * * * See this section, on p. 9, for provisions concerning taxation of forest reserve lands. FORESTRY LAWS OF WISCONSIN. PART IV.—STATE FOREST LANDS. (1) STATE FORESTS. Sec. 1494-48. 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, ete.—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 nurseries, 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 resefve. 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 liability 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 Wisconsin; 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 from said lands, so long as I remain a trespass agent; and that I 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 1494-64 [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 timber lands is guilty of amisdemeanor, and upon conviction, shall be fined not less than twenty-five dol- lars nor more than one thousand dollars, or be imprisoned not less than fifteen days nor more than three years, or by both such fine and imprisonment. Sec. 1494-60. Civil 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 | } 9 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 reserve fund.—All moneys received from the sale of wood, timber, 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 State 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— * * * The 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 half 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 which 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 | 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 such lands are situated a certified 10 FORESTRY LAWS list of such lands and of the value 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 purposes 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 1eceipt 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 1087-45! of the statutes or may appeal from the equalization of the county board in accord- ance with the provisions of sections 1077a to 1077/' 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 and 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. Src. 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 north 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 | | { 1 For these sections, see Wis. Stat., 1913. | OF WISCONSIN. by said counties and which remain unsold. The com- missioners of public lands may also, upon the request of the State Board of Forestry, purchase other lands as additions to the State forest reserve.?. The cost of stich 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 public lands shall give notice to said county that the State does not desire to acquire title thereto. Sec. 1494-133. Cownly 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 appropriated 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,? of the statutes. See. 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 All further purchases of lands for the State forest reserve are inhibited until the special legislative committee appointed at the 1913 legislative session shall have reported to the following regular session, and until the first day of July, 1915, upon the question of the advisability of certain lands being included within the State forest reserve. (See volume of session laws of 1913, chap. 670, sec. 2.) 3 Por this section, see Wis. Stat., 1913. a FORESTRY LAWS carry into effect the provisions of sections 1494-131 to 1494-134, inclusive. *Src. 1072-1. 1. Appropriation 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 traveling expenses of the legislative forest reserve committee hereinafter pro- vided for; but any part of the appropriation not used in any year shall be available and may be used for such purpose in any subsequent year. 2. State forester empowered 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—Whenever the 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, unreasonable 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 legislaiure.—On or before March 1, at each regular session of the legisla- ture a legislative committee of five members shall be State | appointed in the following manner and for the 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 legislative committees in examining both past and prospective purchases of forest reserve lands. Sec. 1497k. Brule river forest reserve-—It is hereby declared to be the purpose and policy of the State to for- ever prohibit the building or maintaining of any dam or dams upon the Brule river or any of its tributaries in Douglas county, Wisconsin, * * * Itis furtherdeclared 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: =. =) = OF WISCONSIN. 11 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 town thirty-three, the State board of forestry may lease any State lands for the purpose of cutting hay or picking cranberries there- from, under such 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 thereon. Inall counties or portions of counties north of town thirty-three, which are within the permanent forest reserve area, to wit: Florence, Forest, Oneida, Vilas, Iron, Price and also within the Brule forest reserve on the Brule river in Douglas county, the moneys received 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 the town clerk of the town within 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 threatened with or who are recovering from tuberculosis may be received and cared for, and the State board of forestry is authorized to co-operate with and aid said State board of control of Wisconsin in the 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 with 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 within the State forest reserve, * * * Sec. 4442. Trespass.* (2) OUTSIDE OF STATE FORESTS.* & © Sec. 1494-54. Trespass.* * * * Secs. 1494-59; 1494-60. Criminal and civil ac- CLOT ee 1 See this section, on p. 12, for general law prescribing penalty for trespass on State lands. 2 The authority conferred upon the Commissioners of the Public Lands (consisting of the secretary of state, treasurer and attorney general), to have “the general care and supervision of all lands belonging to the State, 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 officer, body or board,” includes the following duties and powers of a forest adminis- trative nature: (1) 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. 185-242; (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.) 3 See this section, on p. 9, for provisions concerning trespass on State lands. 4 See these sections, on p. 9, for provisions concerning criminal and civil action for trespass on State and other lands, 12 Srcs. 1498; 1498b; 1498b-2. Fish and game wardens; trespass reports. * * * Suc. 243. Trespass; duties of sheriffs, town officers, and district attorneys; fees.—All sheriffs and town officers 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. Src. 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 FORESTRY LAWS 1 See these sections, on p. 4, for duties of the fish and game wardens concerning fires and trespass on State lands. OF WISCONSIN. 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. Src. 776. Powers of town meeting.—The qualified elec- tors of each town shall have power at any annual town meeting; * * * (12m) 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 reculations approved by the State board of forestry. The sale of such wood lot may be authorized or directed in like manner.” 2 The employment of city foresters by boards of park commissioners in cities of the first class is authorized by chapter 408, Laws 1911. (See volume of Session Laws.) INDEX. Page. Agricultural department, State, dean of, a member of State board of forestry (see. 1494-41) Appeals: To railroad commission (sec. 1494-57 To State forester (sec. 1494-109). .-.......-..-.-.--..-...22-25- Appropriations: For salaries and other expenses of forest administration (sec. 11 SON oe ees Ban Aer CECB ace Spe aoe REL Steere MUON) Ss DALE IPALKS (SOCs 1A05—40 eo. concn esse ae one nena eannnnc ace Salaries, etc., of employees to be charged against proper appro- priation (sec. 170m) For expense involved in taxation of forest reserve lands (sec. Cost of certain purchases for additions to State forest reserve to be charged to appropriation for commissioners of public TATIGS (SoCw A041 G0) sae ep aea wns aotearoa nao aagee Sale For forestry investment fund (see. 1072-1)......-..-.--------- (See also Funds.) Arrests without warrant (sees. 1494-48, 1494-54) PAGTEU OD NSH Sey CRY GY A oe ae Oe ele OS rios Assistant State firewarden. (See Fires.) Assistant State forester: Appointment; qualifications; salary and expenses; duties (sec. CEES AG a weet at tee teat eres ean terre ahtstat eras Made assistant State firewarden (sec. 1494-47) (For duties connected with fires, see Fires.) (For other duties connected with State lands, see State forest lands.) Assistant town firewardens. (See Fires—(1) Protective system.) Assistants, employment of; salaries, ete. (sec. 170m) ..-..---..-..-- Attorney general member of State board of forestry (sec. 1494-41). . Boards of park commissioners, employment of city foresters by, in cities of the first class (chap. 408, Laws 1911)......-....-.-.-- Boilers, screens, etc., on, and inspection of (sec. 1494-57)....-..-- Bridges, timber for repair of (sec. 1494-60). .......-..-------.----- Brule River Forest Reserve: Dams prohibited along river (sec. 1497k)..-..-..--.---------- Leasing lands in, for cutting hay and picking eoaiperniea (sec. Brush lands, screens, ete., on, and inspection of engines operated near or through (sec. 1494-57)..................--.-..-..---- Bulletins by State forestry commission (sec. 1494-43a) ..........-- aD EES SOC 24008) ke eee ae anne ae elton siete as alelcfelaiainiatcinl an 6 Camp, tuberculosis (sec, 1421-30) Cities and towns: Cooperative forestry work (sec. 1494-45). ......-.-..--..----.-- (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). . Expenses incurred by towns (sec. 1494-58)...........--.--.-.- Exemption from taxation of forest-tree plantations within (see. 1504-1 04) See an ata ee nase nance eee eae aa Duties of town boards of review in connection with forest-tree plantations exempted from taxation (sees. 1494-106, 1494-107, TTY (ee See ee ee er eS eae City foresters (chap. 408, Laws 1911)......-...------.2-----.20+-2- Clerks, employment of; salaries, ete. (secs, 1494-42, 170m)......... Closed seasons (secs. 1636a, 4405a)........-...-:-2-2222---222-200-- Commission, State forestry (sec. 1494-43a)..-.--.-...----.-.-...-- Commissioners of the public lands: Sale of forest reserve lands by (secs. 1494-43, 1494-61).-.... 2... Sale of State lands and timber within Indian reservations by (sees. 1494-121 through 1494-124)..............---.---.-..- | Commissioners of the public lands—Continued. Purchase of lands by, for State forest reserve (secs. 1494-131 Page. through 1494-134) 10 Personnel; powers and duties concerning State forests (foot- note 2 re secs, 185-242, 210b).......---....-------0---- eee 3b | 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 ONES tLe ANOS: (SOC. 240) «nena p eae see aea nen eee peace eae 12 Payment by, of fees in cases of prosecutions for trespasses on BLALSUSNOSSOCs 240 mete ee ohne Sie eiaalaialsaninieie tame aimee 12 Committee, Forest reserve (sec. 1072-1) ........----.------+--+--+ lL Compensation. (See Salaries and expenses.) Condemnation proceedings (sec. 1072-1) 11 Conservative lumbering on State forest reserve (sec. 1494-43)... ..- 8 Cooperative forest work (sees. 1494-42, 1494-45) .......-..----- Bac. lee Counties: Cooperative forestry work (sec. 1494-45) .....-......---.--..-- 2 Prosecutions by, for timber trespass on lands of (sees. 1494-59, SY) eg ale 9 Recovery of damages by, for railroad fires (sec. 1494-58)......- 5,6 Payment of emergency wardens; limit of amount (sec. 1494- — 3 Cranberries; proceeds from (sec. 257) << 8 oan ane naw omcmeninine 11 Dams: Certain duties of State board of forestry and State forester (footnotes to secs. 1494-41, 1494-42). _........-...-...-------- 1 Prohibited on Brule River and tributaries in Douglas County (QS TESA 's) k= ea SRR OO Steger oe Janene cass -sdeance lL Data forest (SOC: 1405-42) ec tesa eee ne rin innate neice 1 Dean of State agricultural department member of State board of forestry? (SOC a tA0S 41) oon a ec ee meena amelie 1 Deputies, employment of; salaries, etc. (sec. 170m)......-.-.-..-. 2 Director of State geological survey member of State board of forestry (SOC. 14g sa on cc oe een nnn 1 District attorneys: To prosecute violators of ‘forest act’’; penalty for failure to do SOl(S@Csl 404-00) oe teitowe cnine ota ween wth wim alein ol lnlm tm = em 2 To prosecute in cases of trespass upon public lands; fees to (sec. DBD) aS eee oe kc Cab Sede Se noe CE nS S EEE EEC OnE Bn Seer OSH 12 Donkey engines, screens, etc., on, and inspection of (sec. 1494-57). 4,5 Drainage funds of towns (sec. 257)...--..---.-.------------------- ll Emergency firewardens. (See Fires—(1) Protective system.) Engines (sec. 1494-57) . ..- 2. ------ 202+ -2-- 2-2 eee nee ene e cee e eee 4,5 Exchange of forest-reserve lands (sec. 1494-43) ....----.--.--- 5 8 Expenses. (See Salaries and expenses.) Farm, tuberculosis (sec. 1421-30) .......--.-------------------+-- ll Federal cooperation in forestry work (sec. 1494-45).......-----..-- 2 Fees, to informants, district attorneys, and witnesses (sees. 1494- 48, 1494-52, 243). --..--.-2....-- 3,8,12 Fire boxes (sec. 1494-57) nee ee) Fire lines, on State forest reserve (sec. 1494-43)... ...-.- een cee 8 Fire notices: Posting (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 secs, 185-242, 210b) ..........-...-- 11 Firewardens. (See Fires—(1) Protective system.) Fires: (1) Protective system— State forester to prevent and extinguish (sec. 1494-42).... 1,2 State firewarden and assistant State firewarden created; instruction and supervision of firewardens (sec. 1494-47) 3 Town firewarden and assistant town firewarden created (S@C; 1494-47) nono oc oo oie on cca ewmmien en amennecn cesses 3 14 INDEX. Fires—Continued, Page. - Page (1) Protective system—Continued. Foresters, city (chap. 408, Laws 1911)......2.--.-:--------0---205 12 Control of State fire force (sec. 1494-47a).........-.--.---- 3 | Forestry commission, State (sec. 1494-43a).....-...-..----------+ 2 Emergency firewardens, appointment and duties of (sec. Forestry investment fund (sec. 1072-1).............---------+---+ 11 1494-47); compensation; how paid (sec. 1494-48) ....... 3 | Forestry work, duties of State board of forestry and State forester Employees engaged by State firewardens, compensation of; concerning (secs. 1494-42, 1494-45)_. 2.22.22. 222 eee eee eee L2 how paid |(sec:1494=48) 5.0." 2 eek 2 er etn ee 3 | Funds: Firewardens to check and prevent fire: Forest reserve fund (sees. 1494-61, 160f, 1494-121 through without warrant (sec. 1494-48)_-....... 3 Ee PSY 7) Bae ene oot epee ete tee fo seuss cane 9, 10,11 Firewarden powers of assistants appointed by State park Forest reserve income fund (sec. 160f).......-...-.......---.- ee board (footnote to sec. 1494-48) .........-....----------- 3 Forestry investment fund (sec, 1072-1)........-.---..-.------ 1L Citizens may be impressed; compensation; penalty for Drainage fund of towns (sec. 257) 8... <2 2. cans ens anna li refusal (Secs. 1494-48, 1494-49)...................----..-- 3,4 Fees to informants paid by towns upon approval of State Forester (SBC. 1494-48) Mons eae mein sins aia ss otal sais 3 Expense of fire-fighting by town wardens, how paid; tax levy (secs. 1494-48, 1494-58).........--..2.-2----2------- 3,5,6 Refusal of wardens to perform duties; penalty (sec. 1494-49) 4 Notices (sees. 1494-50, 1494-56, 1494-57, 1636a, 4405a)_...... 5 Reports by wardens (sec. 1494-51)....-...............-.-- Arrests and prosecutions for violations of fire laws (secs. 1494-55, 1494-48, 1494-54, 1494-57, 1494-58)_....- 2-2-2... 2,3,4-6 Fire duties of State fish and game warden, and deputy and special (county) wardens; created firewardens; no compensation (Sees. 1498, 1498b, 1498b-2)...-.-....---.- Fire lines on State forest reserve (sec. 1494-43).....-.....- 8 (2) Railroad fires— Screens or wire netling on smokestacks of engines; ash pans and fire boxes; spark arresters; appeals from decisions (GGG Rater SU Ay pe il ee apa ed ae Spee acs SEES Stee 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 (see. 1494-57)..-.....- 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 (SBC 2180400) ea memeine ee seems oe 4, Concentration of help (sec. 1494-57) Patrol, duties of corporation and of State board of for- estry; éxpenses; civil and criminal liability (sec. 1494-57) 4,5 Inspection of engines by State board of forestry (sec. 1494- Fy) EES eee NESE SERRE Sep ne ase jaese eb sesa sake. 4,5 Penalties for violation of regulations; civil liability (secs. 409-57) 1304—5R) foe ae ocleieia naie ale cine ee ee ae 4-6 Exemption from fire precaution requirements (sec. 1494- WW) Roc 5tnige daze ta sada SeseScesaSssa tos seeds ssedeseedsaas 4,5 Railroads responsible in damages; evidence; delayed pay- ment (sec. 1816a) 6 Insurable interest (sec. 1816a). . - 6 Limitation of actions (sec. 1816b) 6 (3) Fallow and other fires— Closed seasons for burnings, notice of, by town supervis- ors (sec. 1636a); by town boards (see. 4405a)...----....- a6 Camp fires; setting out fires; failure to extinguish; penalty (S863 494008374900) non none ee ciabatta 6 Fiscal agent, special, State forester appointed (sec. 1494-43)_-..._. 8 Fish and game wardens, fire and trespass duties of (secs. 1493, HOS Dy AOR D2) iota tleicia lore ales nie nse nhe ote iC emit etal Se rete 4,12 Forest lands: Screens, etc., on and inspection of engines operated near or through \(sec: 1494-57). --.55 2. eS oaks ceases eee 4,5 (See also State forest lands.) Forest protection and management, report upon State system of; plans for improving; cooperative work in (sees. 1494-42, 1494-45). 1,2 Forest rangers, training of (sec. 1494-42)........-.....-------+.--.- Se) Forest-reserve committee (sec. 1072-1)..........-..-....-.-------- ll Forest-reserve fund (secs. 1494-61, 160f, 1494-121 through 1494-124, PLY) AB angHoe ae e seman 552 Cae SAD OE aS noe eMe res die sens 9,10, 11 Forest-reserve income fund (sec. 160f) 9 Forest reserves, State. (See State forest lands—(1) State forests.) Forester. (See State forester.) (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 mearionthrouphi(sec, 1499-57). oe ee ee eee Hay, proceeds from (sec. 257) Highways: District superintendents of, made town firewardens (sec. 1494— Timber for repair of (sec. 1494-60)... .........-.-..---2..----- 9 Indian reservations: State lands within, included within State forest reserve (sec. 1494-43).....2.. Shane boil Gooexte sada a ce peas eee 8 Sale of State lands and timber within (secs, 1494-121 through 1498 14! Ae a oe a eee Oe a ee 1 Individuals, cooperative forestry work (sec. 1494-45) . . Inspection of engines (sec, 1494-57)........-.-..--..-- 4 Inspectors, locomotive (sec. 1494-57)..........--.----------.--- as AS Tnsurable ‘interest (sec=1816a) - .- .- t-< qh ante not oe tore Lands in private ownership: Screens, ete., on, and inspection of engines operated in or near forest, brush, or grass lands (sec. 1494-57).....--....-.------ 4,5 Tires on. (See Fires—(2) Railroad fires; (3) Fallow and other fires.) Liability for timber trespass on (sees. 1494-59, 1494-60). 9 Léetures (See:/1494—42) 2. oe thee» seein eee ee 1,2 Legislative forest-reserve committee (sec. 1072-1).....- Eat 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 Cf citizens for refusal to fight fires (sec. 1494-49).......... 4 Of railroads for failure to provide fire patrol or extinguish fires (sec: 1494—57)- = 22. = sania sone ene 4,5 Penalties for failure to comply with requirements con- - cerning railroad fires (sec. 1494-57)... .-.....----.-----. 4,5 For violations of closed-season orders, and for failure to extinguish camp or other fires (sees. 1636a, 4405a, 4406). 6 Of trespass agents (sec. 1494-58). . +. .--.------2--------02- 9 Civil— Of railroads for cost of fire patrol (sec. 1494-57).-.......-. AS Civil action against railroads for violation of fire regula- 5,6 tions! (sec. TAQ4-b 72). . Sans wert np gn ai a Measure of damages for railroad fires; liability to State for fire damage to State lands and for cost of extinguishing (SOGHTAON= SS) ete ee ae cE tonae iene a aiciacs = ae Railroads responsible for fires (sec. 1816). Limitation of actions (sec. 1816b)..-.....-..---.-----..".4 Locomotives. (See Fires—(2) Railroad fires.) Logging locomotives: Screens, ete., on and inspection of (sec. 1494-57)...--...----.- 4, Defined \(sec;1494-57).....4------.. ese RE. ee Oe Lumbering, conservative, on State forest reserve (sec. 1494-43)... Magistrates, penalty for failure to issue warrants (sec. 1494-55). . Marsh fires (sec. 1494-48)... .-..2---.<22-02--2-5- tess hee Menominee Indian Reservation (sec. 1494-43)............-------- Minerals, sale of, on forest-reserve lands (sec. 1494-61)......----.- Municipal forests, acquirement, care and reforestation, sale of | (SBC 10) = fesse smeee an See Hl80 sees. 1, 2, ch. 90, L. 1913, on p. 3. LAWS—OREGON. 5 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 fire 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 provisions shall be punished by a fine of not less than twenty-five dollars ($25), nor more than five hundred dollars (#500), or by in:pris- onment of not less than ten (10) days nor more than three ‘3) months.! Permits to burn, as provided by this section- may be issued by any fire warden, and shall contain such safeguarding restrictions as to time of burning and pre- caution to be taken as may be fixed by the State Forester or left by him to the discretion of fire wardens. Any fire warden shall have the right to refuse, revoke or postpone permits when necessary to prevent danger to the life or property of another. Any permit obtained through wilful misrepresentation shall be invalid and give no-exemption from liability of any kind. In times and localities of unusual fire danger, the Governor, with the advice of the State Forester, may suspend any or all permits or privi- leges authorized by this section and prohibit absolutely the use of fire herein mentioned. Whenever, or wherever, | during an open season for the hunting of any kind of game in this State, it shall appear to the Governor upon the showing of the State Forester that by reason of extreme drought the use of firearms or fire 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 and animals of any kind for such tinte as he may designate, and during the time so designated all provisions of law relating to closed seasona for game shal] be im force. Sec. &. Setting on fire woods, brush, etc., on lands of another: Penalties—Back fires—Camp fires.—Any person who sets on fire, or causes to be set on fire, any woods, brush, grass, grain, stubble, or other material being or growing on any lands not his own, without permission from the owner, or who wilfully or negligently allows fire to escape from his own land, or any one who accidentally sets any fire on his own land or another’s and allows it to escape from his control without extinguishing it, or using every effort to do so, shall be punished by a fine of not less than filty dollars ($50), nor more than one thousand dollars ($1,000), or imprisonment for not less than one (1) month nor more than one (1) ycar; provided, that it shall be lawiul to build, in a careful manner, camp fires on any uninclosed lands, the owner of which has not forbidden such building of camp fires thereon by personal notice or by posting such prohibition in conspicuous places or otherwise, ii, before departing irom the place which [where] such camp fire has been built, the builder of such fire totally extinguishes the same; and provided further, that nothing in this section 1 For further provisions concerning damages, fines, and prosecutions ' fer violations of this-act (ch. 278, L. 1911), see secs. 13, 14, 15, on p. 6. 6 STATE FORESTRY shall apply to the setting of a back fire, in good faith, to | prevent the progress of a fire then burning.’ * Sec. 9. Camp fires—Incombustible gunwadding—Penal- ties.—Any person who builds a camp fire upon lands within this State, not his own, without clearing the ground immediately around it frec from material which will carry fire, or who leaves thereon a, camp fire burning and unat- tended, or who permits a camp fire to spread thereon, or who uses in any firearms discharged thereon other than incombustible gunwadding, shall be punished by a fine of not less than twenty-five dollars ($25), nor more than five hundred dollars ($500), and upon refusal or neglect to pay the fine and costs imposed shall be imprisoned for a period not to exceed one day for every two dollars ($2.00) thereof, or may be subject to both such fine and imprisonment at the discretion of the court.’ Sree, 12. . { Setting fire to woods, brush, etc., to injure prop- erty of another—Penalty. eee nee who shall un-' Jawfully or maliciously set fire to any woods, forest, timber, brush or vegetable matter whatever with intent that the property of another shall be injured thereby, shall be guilty of a felony, and upon conviction thereof shall be punished by imprisonment in the State Penitentiary for not less than one (1) nor more than ten (10) years.’ Sec, 13. | | Civil action for fire losses; Measure of damages— ‘Injury to young growth, etc., and cost of fire-fight- ing included.—In addition to the penalties provided in this act, the United States, State, county, or private owners, whose property is injured or destroyed by fires in violation of this act, may recover in a civil action double the amount of damages suffered if the fires occurred through wilfulness, malice or negligence; but-ii such fires were caused or escaped accidentally or unavoidably, civil action shall lie only for the actual damage sustained as determined by the: ‘value of the property injured or destroyed, and the detri- ment to the land and vegetation thereof. Persons or corpo- ‘rations causing fires: by violations of this act shall be liable in action for debt to the full amount of all expenses in- curred in fighting such fires. Src. 14. Fines: One-half to informant, when—Payment of, | into county fund.— UE AR eee ALE ees aes mM ny L ce lal ih habeas he Atay’ My 4 ig lots vinwAe >:4/fy "ae Bhs i i" betanr WK, aril. Cease ate ly eRe ke A? ott Me ee ree ay er ea) al oe ' il Mes at Gvdeg hk All a Se ane fain ih Pate yi “ ime ML la eae SAN as Fi ah ny Nil ahs es i, de te tty Sets inva fy ele inn Ta Oat Yai y 4? ce fen RSS te errs eee ere ere sh ter ee log im wat la Pe fey ds ath: papers ; shhh iis 1ausce atin: ob AU an sy ane aii be : i Mi e) SRL iene oy Fy ies 4 tan d é . Sk nett i iy Pk pois Thiaisihk Mb) ha Ge seg | Ai Fe dc a ee 7 rs Wa Sie ae BON: Ree Av) cl mee ee RO ea Wh Le ae ‘paka ie bi capenu algeria Daatie Dei il COPE RAT ek TE J ia f Pe ooyt dae LN ON t ‘ cin tt eral yay Th BA han mw cat] aa Hein Beets Deeds Pipipictilen ct PAG, eu eat ie) hey RAR Fie gd ah Metin Heveelad Sok ia inne pian ou. ae , vine oye UE ie erik oR meee van Poe gs Ati Ry, Ber eral en igs “ont ei Fe eee ee Pehla aa len sn AS i Fae iehick oe omer ie teem ee ot, i Na are Pate Cyne Eagan ae Dale 3 WE AA) lay ee ie Ry vital i's iatm ges beriags 2 y F ; i ni in) wa ‘at a sib <‘iaaemn 1a a ib! wok Pea ol ae By, 24 ed i 1) fh 4) 4 ie Ts Bi r os Mi ’ (oo ores , Lisa gf! : j > dity As om is Misc, S—15. Date of 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 8. 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. tration,’ ‘‘ Fires,” ? “Public Forests,’ By the classification of the laws and parts of laws under the headings, ‘‘Adminis- 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 part comprises the provisions of law, if any, defin- ing the general administrative duties of the regularly con- stituted State forestry officials; also certain miscellaneous forestry provisions. For specific provisions, if any, con- cerning 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 IT, III, and IV, respectively.) Sec. 3783, Gen. Stat., Mrinn., 1913. State forestry board: Personnel—Appointments— Terms—Qualifications.—There shall be a State forestry board, of nine members, composed of the director of the forestry school and the dean of the agricultural college of the University of Minnesota, and seven others appointed by the governor, for a term of four years and until their successors qualify. Two of said members shall be ap- pointed upon the recommendation of the regents of the 15077—15——1 university ( ) and one shall be appointed upon the recom- mendation of each of the following bodies: The state agricultural society, the state horticultural society, and the state game and fish commission—provided suitable persons be recommended by them to the governor not later than January 31st, of the year in which such terms expire. All vacancies shall be filled the same as the original appointments. The members now in office shall hold through the terms for which they were respectively appointed. So far as practicable, all such appointees shall be appointed with reference to their knowledge of, and interest in, the planting and cultivation of trees in prairie regions, the preservation of natural forests, the reforesting of denuded lands, and the protection of the ources of streams. [L. 1911, ch. 125, sec. 1, amended by L. 1913, ch. 159, sec. 1.] 2 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 hundred (1800) dollars per annum,! whose duties shall be prescribed by the board. [L. 1911, ch. 125, sec. 2.] Sec. 3785, AS MODIFIED BY SEC, 5377.7 State forestry board: Powers and duties, in gen- eral—Annual report.—The board shall have the manage- mentofthe * * * [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 conserving the forests around the head | waters of streams and on the watersheds of the state, 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. [L. 1911, ch. 125, sec. 3.] Src. 5379, AS MODIFIED By SEc. 5377.7 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 protect 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 STATE FORESTRY LAWS—MINNESOTA. f meetings of the board or executive committee, or in per- forming services at the request of either. [Sec. 2511.] Sec. 3786. State forestry board: President—Vice president— Executive committee.—State forester: Qualifica- tions—Salary and expenses—Oflice—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. If 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 traveling 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 provisions 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- penditures incurred in the carrying out of the provisions 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 viola- 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 calling 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 places as he may direct. [L. 1911, ch. 125. sec. 4.] Src. 3787, AS MODIFIED BY SEC. 5377.? State forester, further duties of: Data and maps of timber and cut-over lands 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 - 1 For later legislation as to salaries see secs. 294, 295. on 2 See p. 9. 4. 1 For later legislation as to salaries, see secs. 294, 295, on p. 4. LIBRARY OF CONGRESS | RECEIVED STATE FORESTRY L and area of all state timber and cut-over lands and prepare mapsof * * * [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.] % | Sxc. 3788. | State forester, scientific management of forest resources: Cooperation with State auditor, State and Federal departments, counties, towns, corpora- tions, and individuals.—The state forester shall co- operate with the state auditor and with the several de- partments of the state and federal governments, or with counties, towns, corporations, and individuals, 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, Cx. 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 will 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 | public highways.! AWS—MINNESOTA, | Sec. 3789, Gen. Srat., Mryn., 1913. State forester, construction of fire-breaks: Co- operation with the State highway commission and town and village officials.—The state forester shall also co-operate with the state highway commission and with | the supervising officers of the various towns and villages in the construction of fire-breaks along section lines and [L. 1911, ch. 125, sec. 7.] Src. 3790. State forester, educational work: 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 lec- tures, and upon the invitation of the director of the college of forestry of the University of Minnesota may co-operate 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 suppression, checking and con- trol of fires and recommend to the forestry board the amounts justly due and which should be paid. [L. 1911, ch. 125, sec. 9.] Sec. 3800. Penalty for refusal to enforce forestry act (ch. 125, L. 1911).—(For text of the provision, see this section on p. 8). Sec. 3808. Appropriations for 1911, 1912, 1913.—Claims, how paid—Vouchers, how approved.— * * * The 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 (96) of the General Laws of Min- nesota for 1905. Itemized vouchers of all expenses shall be approved as directed by the forestry board. [L. 1911, | ch. 125, sec. 26.] Sec. 3809. 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. | board herein created. Meaning of the term “Board.’’—Whenever the word “hoard”? is mentioned or referred to in the forestry laws of the state of Minnesota it shall mean the state forestry [L. 1911, ch. 125, sec. 27.] Sec. 3810. Repeal of certain laws.—Chapter 22, Revised Laws, 2 Src. 2. | 1905 and sections 2505, 2506, 2507, 2508, 2510 and 2515 Compensation for sanatorium labor.—The com- | Revised Laws, 1905; chapters 82 and 310 of the General pensation to be paid for such labor shall be the same as | Laws of Minnesota for 1905; chapter 182 of the General that received by others for like services. | Laws of Minnesota for 1909 and all acts and parts of acts | inconsistent with this act are hereby repealed. [L. 1911, | 1 The State forester is also a member of the State board of timber com- ch. 125, sec. 28.] missioners, which is composed of the governor, treasurer, auditor, State | forester, and attorney general. (See Gen. Stat., Minn., sec. 5270.) 1 See also secs. 3801, 3806, on p. 5. 4 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 Il. 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. Srar., 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 board, 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 such other duties as may be required by the state forester. They may arrest without warrant any person found violating any provisions of this chapter. take him before a STATE FORESTRY LAWS—MINNESOTA. 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 be known 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 b® 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 the 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.] ; Src. 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 be 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 fire within one mile of the residence of such person unless employed by the state forester or his assist- ants. The forestry board is authorized to draw out of the money appropriated by this act a reasonable sum, not to exceed five thousand (5,000) dollars at any one time, from the state treasurer and place the same in the 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 receipts from all persons to whom such funds are paid and after the same have been approved by the state forestry board, they shall be filed with the state auditor. [L. 1911, ch. 125, sec. 17.] 1 See also sec. 3800, on pp. 8-9, as to penalty; and sec. 3805, on p. 9, for provisions concerning prosecutions for violations of this act (ch. 125, L. 1911). STATE FORESTRY LAWS—MINNESOTA. Sec. 3801. Fire-fighting: Villages and cities to clear off com- bustible material and make fire-breaks—Penalties.— All villages and cities in the state situated in the timber area are hereby authorized, and all such municipalities where the same is possible so to do are hereby directed, to clear off all combustible material and débris and create at least two good and sufficient fire-breaks of not less than ten feet in width each, which shall completely encircle such municipalities at a distance of not less than twenty rods apart, between which 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 with the provisions 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-fighting by towns, cities, and villages: Ap- pointment of officials as fire wardens—Precautions— Tax for “fire fund’’—Cooperation with and action under State forestry officers.—The state forester may appoint supervisors, constables and clerks of towns, mayors of cities and presidents of village 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, which, when collected, shall be known as the ‘‘ Fire Fund” which shall be used in paying all necessary and incidental expenses incurred in enforcing the provisions of this act: In all townships constituted within 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 forestry officers! [L., 1911, ch. 125, sec. 24.] Sec. 3807. Fines, disposition of: When paid to county, and when to township, city, or village for ‘‘fire fund.’’— All moneys received as penalties for violations of the pro- | visions 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 violation of the pro- visions of this act were imposed; provided, however, that fines collected for violations of this act, where ae | 1 1800 also sec. 3789, on p. 3. 2 For provisions concerning prosecutions for violations of this act (ch. | 125, L. 1911), see sec. 3805, on p. 9. 5 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, | be credited to the ‘‘fire fund” of such township, city or village. [L., 1911, ch. 125, sec. 25, as amended L., 1913, ch. 159, sec. 7.] to 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 state have heretofore, by resolution of the city 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 the 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 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 | ability 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. 3795, Gen. Stat., Mrnn., 1913. Patrol to follow locomotives: Railroads to provide, when—In ease 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 the setting and spreading of fires from locomotive engines, he shall order any railroad company to provide patrolmen to follow each train throughout such fire patrol district or districts as he deems necessary to prevent fires. When the state forester has given a railroad company notice to provide 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 necessary 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- pany 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-way after the passage of each train when | necessary to prevent the spread of fires and to use the highest degree of diligence to prevent the setting and | spread of fire, to cause the extinguishment of fires set by 6 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 spark arresters required on locomotives—Inspection of deyices—Record of inspeetions—Responsibility of Company.—Inspectors appointed by State forester, powers of.—KEvery company operating a railroad for any purpose shall equip and use upon each locomotive engine a practical and efficient 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 . IV 120. d Lai 2;9;1 (92 Tsp IL, 306 (42). IL, 25 (41). II, 25 (42). IV, 12c (footnote 2). I, 14 (1). Session Laws—Continued. Laws 1910, an ch. Laws 1911, ch. ch. Laws 1912, ch. ¢ Laws 1913, ch. ch Laws 1914, ch. ch. ch. ch. 720, sec. Laws 1915, ch. 162, sec. 398 sec. 478 244, sec. 722, sec. 419, sec. h. 577, sec. 564, sec. . 600, sec. 101, sec. 262, sec. 598, sec. 2 AUER RODE OCR ON ee ROO Oe OO 7 Preamble Subsee. (a) $8 c (a) i (9 (h G 16)) 8 Preamble. Subsec. (a) (b) (c) (d) 8 9 10 ll 12 13 14 15 16 17 18 19 20 21 22 pA} 24 25 26 27 1 2 3 4 5 6 1 II, 14 (42). IL, 22. II, 20e (42); 19b. IL, 1 (41). II, 1 (42). Me 11: IL, 23¢. IL, 23b (1). II, 20a, b (1), d (41), c. IZ, 204'(42). TIT, 12b III, 105. IIT, 12c (41). IM, 12c (4/2). II, 2; 4a. ,1(Preamble), a,b; 2. IV, 3 (1); 4; 5a, b. IV; 5 iC. IV, 5d; 6a, d, b, c. IV) 124. ‘ TV, 13. IV, 14 (Preamble). , 4a. "19. IV, 20(Preamble). IV, 21a. | IV, mB ; IV, 22a; 218, c. ” 94, IV, 25a, b (§[1). IV; 8a, B, c. IV, 9; 25b (42). IV, 17. IV, 10a, b (1, 2), ¢, d. IV, 27c. IV; 12¢ (footnote 2). IV, 12c. IV, 7. IV, 1 (footnote). ae IIL; 3a, b; Lb. TIL, 9 (41); 12a (41); 10a; 9 (42). ! 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 matter found introducing a section or paragraph should be ignored, since the material has already been presunted elsewhere in its proper . 1906, ch. 463, p. II, sec. 247.) relation to the original text of the act being reconstructed. (See above, WASHINGTON ; GOVERNMENT PRINTING OFFICH : 1916 PAG) Misc, S—24. . Date of issue, June 8, 1917. UNITED STATES DEPARTMENT OF AGRICULTURE J. 4. FOREST SERVICE Henry S. Graves, Forester STATE FORESTRY LAWS A parallel classification showing the comparative progress of each Siate in forestry legislation NEW HAMPSHIRE (Serial 1—Through Reg. Sess., 1915) Compiled in the Office of State Cooperation by Jeannie S. Peyton CONTENTS. Page. | Page. PIU DUGE ORCOMEDNACION 6. a:< gathie « ops oe Goo hace ain ate eee een tec 1 | Part 1i—Continued. Part I.—Administration................-...- 2 Riailroads— 2 oa5 5 owen nts fo pee mane sip sg MR Pi 8 Forestry commission 2 TARDY GY oo onic cite cere sn aes wince oeunnt os cease epee cunee cee 9 1342: Si( 34 (0) ESL ep eae RAR I 2 2 Employees... --. ween eee eee teen eee eer ee eee eee ee 9 Bigtrint pists. < cok ool oececcc eS i 3 Portable steam mills... . 9 Part I.—Fire protection 3 Compulsory brush and slash disp 9 Forestry commission : 3 Incident to lumbering.............. ise see coe e nese 9 BEATA TOTEREO Re ee rh ND SAINTE IO EE OLE SERS j 3 Incident 'to:publies works ~7/). 2). 2152\ i. od. Heated 10 Biktriobemiefas, SiMisery solhuaelals tel Caalliry 4 ue Forest fire wardens and deputy forest fire wardens........... 4] - Wish and game wardens -:.-:--.2---<-:h--.-->¢--+=-- 8 |' part Il.+Publieiforestsitiw: aco.twsJ-2. vse attoleal Oe. ul Other officials and citizens. .....-- 02.2.2. - 2... see geen 6 ShatoginLOsteet Gt PE Al stan tokee itt Me et ee eee ll Expenditures. ..---..-. +. 0-eseseceeee ceeds ee eeeeeseseeseeees 7 Othenblatelandstes -..cctrr cote at ns ea as Ce ART State-......--.-.-.-2- 2-2-2 2++ 2 Dyess ese eee ese 7 Lands acquired for purpose of reforestation 11 Towns, cities, and unincorporated places 7 Municipal forests fag). ses: oc as- oc. .caeese Bote nee 12 Kindling fires in the open.-.........-.---...-2...-.-.2:224--- im \Part LV .—Vaxation. =. .62- o ch adda secenlsy| c. Penalties: 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 13,* and every person violating any provision 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.] 2. For failing to extinguish fires.—Whoever by himself or by his servant, agent or guide, or as the servant, agent or guide of any other per- son, shall build a camp, cooking, or other fire; or use an abandoned camp, cooking, or other fire in any, or adjacent to any. woods in this state, shall before leaving said fire totally extinguish the same, and upon failure to do so such person shall be punished by a fine not exceeding fifty dollars. Exception: (Fires on sea beach).—Provided that such fires built wpon the sea beach in such situation that they cannot spread into forest, wood or cultivated land, or meadows, shall not be construed as prohibited by this act. [I. 1911, ch. 151, sec. 1.] OTHER PRECAUTIONARY RESTRICTIONS. 24. Close Season for Hunting May be Proclaimed During Season of Drought. {1. Whenever during an open season for hunting it shall appear to the governor that by reason of drought the use of firearms in jorests is liable to cause forest fires, he may by proclamation suspend such open season for such time as he may designate. [L. 1915, ch. 133, sec. 10 (a).| Laws for close season in force, and an additional penalty imposed for shooting animals not included there- under.—{ 2. During the time which shall hy such proc- 1 See also special brush and slash disposal provisions in IT, 35; 36. 2 See subsec. a. 3 See subsec. 5. 8 PART I—Contd.] lamation 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 by 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, see. 10 (b).] Pub- lication and posting of proclamation—Copy to fish and game commissioners—Payment of expenses.—{{3. Such proclamation shall be 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. 41. 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 suitable ash 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.— 42. In carrying out this section, the public service com- mission may serve orders and enforce 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 companies 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.] 4 27, Organize and Maintain System of Patrol, through Railroad Deputies or Other Officials, During Dan- ger Seasons. [Railroad companies] shall, through the railroad depu- ties or other officials, organize and maintain a system of | 1 These provisions in the fish and game act (L. 1915, ch. 133) appear to have replaced the earlier provisions contained in L. 1909, ch. 59. 2 Act establishing a public service commission. (See volume of Ses- sion Laws.) STATE FORESTRY LAWS—-NEW HAMPSHIRE, patrol during dry weather along the sections of its right of way where there is danger of fire. 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, sec. 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 fires along the right of way to its employees. [L. 1913, ch. 155, sec. 1.] Compliance en- forced by public service commission.—(See II, 25 112.) 29. Enter upon and Clear Adjacent Forest or Brush Lands. Railroad companies shall have the right, subject to the provisions of this 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 valuable timber growth without recompense to the owner. Notice required.— Prior to making such a clearing, the railroad 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 publishing 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.—Ii 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 public 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 be 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 service commission may require the assistance of the for- | estry commission and the state forester in furnishing in- | formation pertinent to the carrying out of this section.? [L. 1913, ch. 155, sec. 4.] 1 See IT, 31. 2 In view of the provisions in IT, 29; 35, the taking of lands or of rights and easements therein, by railroads, for purposes of fire protection, under sec. 2 of the Public Service Commission act, is rendered practi- cally unnecessary. (See ch. 125, L. 1913, in volume of Session Laws.) STATE FORESTRY LAWS—-NEW HAMPSHIRE. PART Il—Contd.] LIABILITY. Criminal. (See II, Legal Procedure—Criminal, on p. 10.) 30. Civil. a. For fire-fighting costs——All just and proper ex- penses incurred in extinguishing forest or brush fires caused by 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 has been made shall not be admissible as evidence that such fire was so caused. [L. 1913, ch. 155, sec. 2.] b. 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 fire or steam from any locomotive or other engine upon their road. [R. S. 1842, ch. 142, sec. 8; * * *- Pub. Stat., 1900, ch. 159, sec. 29.] $1. Insurable Interest in Property Exposed to lnjury along Their Routes. a. Insurance effected by the company.—Such proprie- tors [proprietors of every railroad] shall have an insurable interest in all property situate upon the line of their road which is exposed to such damage, and they may effect insurance thereon for their own benefit. [R. S. 1842, ch. 142, sec.9; * * *; Pub. Stat., 1900, ch. 159, sec. 30.] b. Insurance effected by the owner.—Such proprietors shall be entitled to the benefit of any insurance effected upon such property by the owner thereof, less the cost of premium and of expense of recovery. Method of recov- ery.—The insurance 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. $2. 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 authorized officials of the rail- road may recommend. [L. 1913, ch. 155, sec. 2.] 33. Powers and Duties. Same as forest fire wardens’, with modifications.—‘1. Such deputies when so appointed shall be vested with the powers and duties of deputy forest-fire wardens as provided in chapter 128, Laws of 1909, and amendments thereto,! | except as such powers and duties are limited or extended by this act.!- Railroad deputies thus appointed shall ex- tinguish and supervise the fighting of forest and brush fires originating along the railroad rightof way, [Attendance on fires limited to those along the railroad right of way.—] but shall not be required to supervise the fighting of fires | | which do not originate along the right of way. | Take prompt action in case of fires —{2. A railroad deputy 9 * Ue! 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. 41. No person, 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.—Such approval shall be in writing, signed by the forester, and said approval may be revoked by the state forester in the same manner. [L. 1911, ch. 95, sec. 1.] Penalty.—{2. 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. [I]. 1911, ch. 95, sec. 3.] Subject to examination by State forester.—{/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 tn 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 IT, 17.) COMPULSORY BRUSH AND SLASH DISPOSAL. INCIDENT TO LUMBERING. 35. Adjacent to Rights of Way of Steam or Electric Rail- road, or Public Highway. On and after July 1, 1915, any person, 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 public highway. Penalty—Limitation of time for disposing of material.— Any operator of wood or timber on such land, or any owner of such land 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 timber during the winter, after November 1, shall have until May 1 in Grafton, Carroll and Coés counties, and until April 1 in other 1 See table, on p. 13. 1 See 4/1 of this section, 10 PART I—Contd.] counties, to remove the slash in accordance with the pro- visions of thissection. 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 charged with the execution of this sec- tion. Liability of owners or operators.—All owners or operators shall be required to use due care in clearing such | land, and shall not be 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. 6; 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- pont ees b. State highway department has jurisdiction over dis- posal other than by burning, on State and trunk-line high- ways.—On all state roads 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. 6 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 permission 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. OS esecn 7s Fs ET 195), chi plssi secs 14] 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.] STATE FORESTRY LAWS—-NEW HAMPSHIRE. 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 forest fire warden, or the deputy forest fire warden, may arrest, without a warrant, any person or per- sons taken by him in the act of violating any of the laws for the protection of forest 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. 128, sec. 15; L. 1911, ch. 166, sec. 1.] b. Any order or warning concerning the kindling and extinguishment of fires on the lands of another.—If, in or near woodlands, any person, other than 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 official, he may be arrested by such official without a warrant. [L. 1909, ch. 128, sec. 4; L. 1911, ch. 166, see. L.] 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. 166, 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 who discovers a forest or brush fire not under contro] or supervision 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. 166, 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 fines imposed under and Ly 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. 1 See table, on p. 13. STATE FORESTRY PART I—Contd.] : out on requisition of State forester.—] to be paid out by him upon the requisition of the state forester, for use in connection with the prevention and suppression of forest fires. [L. 1909, ch. 128, sec. 19; L. 1911, ch. 166, see. 1.] Forfeitures paid into State treasury.—(See II, 19.) LAWS—NEW HAMPSHIRE. 11 CIVIL. 41. For Permitting Fire to Spread to Lands of Another. “very person who shall set fire on any land, that shall run upon the land of any other person, shall pay to the owner all damages done by such fire. [L. 1909, ch. 128, sec. 16.| PART III.—PUBLIC FORESTS. (This part comprises the provisions of law, if any, for the establishment and care of State and municipal forests, and for the practice of forestry on these and on other lands owned by the State.) STATE FORESTS. 1. Lands Acquired by Several Means. a. By purchase with State appropriations: ‘|1. Regular appropriations.—The commission is empowered to pur- chase, with the consent of the governor and council, suita- ble tracts of land for use in demonstrating the principles of forestry, and * * * [L. 1909, ch. 128, sec. 20; L. 1911,_ ch. 166, sec. 1.] 2. Special appropriation * * * Nore.—Special appropriation is made for purchase, by the governor, with the advice of the council and the forestry commission, of such lands as may be deemed necessary for the preservation of the forests in the tract known as the Crawford Notch for the pur- | pose of a forest reservation and State park. (See, in volumes of Session Laws, secs. 1, 2, ch. 130 of L. 1911, and ch. 264 of L. 1913.) b. Through gift: §{1. Of money with which to pur- chase.—Whenever any person or persons shall supply the necessary funds therefor, so that no cost or expense shall accrue to the state, the forestry commission is hereby authorized to buy any tract of land and devote the same to the purposes of a public reservation. Exercise of right of eminent domain.—If they cannot agree with the owners thereof as to the price, they may condemn the same under the powers of eminent domain, and the value shall be determined as in the case of lands taken for highways, with the same rights of appeal and jury trial. Title vests in State—On the payment of the value as finally deter- mined, the land so taken shall be vested in the state, aud forever held for the purposes of a public reservation. fj2. Of the land direct.—The commission is empowered to receive in the name of the state free gifts of land for the purposes of forestry, in such manner that no cost of pur- chase shall accrue to the state, and may arrange for the registration of necessary papers. * * * [L. 1909, ch. 128, sec. 20; L. 1911, ch. 166, sec. 1.] 2. Management. a. Of tracts acquired with State appropriations: ‘jl. Regular appropriations.—[The forestry commission may] make provisions for the management of the same, [tracts purchased with regular State appropriations], as is advis- able within the limits of the appropriation. [L. 1909, ch. 128, sec. 20; L. 1911, ch. 166, sec. 1.] 2. Special appropriation * * * Nore.—Special provision is made for the care and management of the Crawford Notch tract by the forestry commission. (See sec. 4, ch. 130, L. 1911, | in volume of Session Laws.) Sale of the tract by the governor and council is also provided for in ch. 203, L. 1913. (See volume of Session Laws.) b. Of tracts acquired by gifts of money: 1. Forestry commission protects lands and improves forest condi- tions.—The forestry commission may take means for the protection of such reservation [tracts purchased with donated funds] from forest fires, and, as far as compatible with the wishes of the donor, may plant and remove trees and otherwise improye the forest conditions. §2. Donors improve lands under direction of forestry commission.— The persons furnishing the money to buy said land shall be at liberty to lay out roads and paths on fhe land, and otherwise improve the same under the direction of the forestry commission, and [Tracts open to use of public.—] the tract shall at all times be open to the use of the public. c, Of tracts acquired by gifts of land: Forestry commis- sion provides for protection and management.—[The for- estry commission may] map and survey the land, [acquired through gift direct], protect it from fire, plant, cut and otherwise improve the forests as it is advisable within the limits of the appropriation.'! [L. 1909, ch. 128, sec. 20; L. 1911, ch. 166, sec. 1.} 3. Revenues from State Lands, Except those from State Nurseries, go into State Treasury. All revenue derived from the sale of forest products from state land shall revert to the state treasury, [Exception: Revenues from State forest nursery.—| except the revenue derived from the state nursery, which shall be re-invested in the state nursery by the forestry commission. [L. 1909, ch. 128, sec. 20; L. 1911, ch. 166, sec. 1.] OTHER STATE LANDS. LANDS ACQUIRED FOR PURPOSE OF REFORESTATION. 4. Forestry Commission Empowered to Acquire. For the purpose of reforesting waste and cut-over land, the forestry commission is hereby instructed and author- ized to promulgate throughout the state the offers made by section 2 of this act.? [L. 1915, ch. 163, sec. 1.] 5. Are Acquired by Gift. {| 1. Whenever any person or persons shall deed to the state any tract of land adapted for forest growth, so that no cost of purchase shall accrue to the state, the Forestry 1 Special provision is made for the care and management, in like man- ner, by the forestry commission, of the tract known as the General Miller Park. (See ch. 187, L. 1915, in volume of Session Laws.) 2 See table, on p. 13. 12 PART I1I—Contd.] Commission is authorized to accept and hold such tracts in the name of the state, and * * * Limitation as to amount that may be acquired from any person, firm, or corporation. | 2. * * * nor shall the state accept a deed from any person, firm, or corporation that is, on the date of such proposed conveyance, the owner of any lands which shall have been reforested by the state. [L. 1915, ch. 168, sec. 2.] 6. Reconveyed to Original Donor by Reimbursement of State for Improvements Made. The donors of such land,! or their heirs and assigns, shall have the right, within ten years from the date of conveyance, to purchase it from the state at the cost of improvements with interest at four per cent per annum, and the secretary of state shall, upon the recommendation of the Forestry Commission, convey such land to said donor or donors. [L. 1915, ch. 163, sec. 2.] 7. Control and Management. a. Forestry commission controls and manages lands.— [The forestry commission is authorized] to reforest, pro- tect, and manage them? subject to the limitations of this section. b. Reforestation limited to 25 acres: 1. In any one tract, annually.—The state shall not be required to reforest more than twenty-five acres of any tract acquired under this act in any one year. {2. For any one owner.-—Not more than twenty-five acres of land shall be reforested by the state for any one person, firm, or corporation, * * * - STATE FORESTRY LAWS—-NEW HAMPSHIRE. c. Extinguishment of fires.—Any forest fire on such tracts shall be extinguished as provided in chapter 128, Laws of 1909, and amendments thereto.! d. Sale of land, or of wood and timber.—If the donor, or his heirs or assigns, shall not acquire the land within ten years from the date of conveyance, such land may be sold, or the wood and timber thereon may be sold, by the Forestry Commission, with the approval of the Governor and Council; provided, that such sale shall be advertised and awarded to the highest bidder, and the state may reject any such bids. e. Revenues derived from lands to be paid into State treasury.—All revenue from the sale of such tracts, or of the wood and timber thereon, shall revert to the state treasury. [L. 1915, ch. 168, sec. 2.] MUNICIPAL FORESTS. 8. Towns and Cities Authorized to Acquire and Hold Lands for Forestry Purposes. Towns and cities may at any legal meeting grant and vote such sums of money as they shall judge necessary to purchase, manage and improve lands for the purpose of growing wood and timber. [L. 1913, ch. 27, sec. 1.] 9. Managed under Direction of State Forester. Any lands so purchased shall be managed under the direction of the state forester. [L. 1918, ch. 27, sec. 2.] 10. Proceeds Turned into Town Treasury. The net proceeds, after deducting necessary expenses, from the sale of wood and timber from such lands shall be turned into the town treasury. [L. 1918, ch. 27, see. 3.] 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 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 taxa- tion provisions, if any, concerning State or municipal forests, or other State lands, see Part III.) REBATE OF TAXES TO ENCOURAGE FOREST PLANTING. 1. On Lands Planted with not Less than 1,200 Timber or Forest Trees. In consideration of the public benefit to be derived from the planting and cultivation of timber or forest trees, the owners of any and all land which shall be planted with timber or forest trees, not less than 1,200 to the acre, shall be entitled, from and after the first day of April, 1903, to a rebate of the taxes assessed upon said land as follows: [Rates of rebate.—]| For the first ten years after the land has been so planted, a rebate of ninety per cent. of all the taxes assessed upon said land; for the second period of ten years after such planting a rebate of eighty per cent. of all said taxes and for the third and final period of rebate after 1 See III, 5 71. 2 Tracts acquired as provided in III, 5 41. ® See table on p, 13. such planting, a rebate of fifty per cent. of all said taxes. Rebate conditioned on trees being kept in sound condi- tion.—Said rebate to be allowed only on condition that said planted trees are kept in sound condition. Return of planting made annually to selectmen.—A return of such planting shall be made to the selectmen when taking the annual inventory, which return shall be verified by the selectmen and made the basis of such tax exemption. Thinning allowed after ten years.—Aiter said trees have been planted ten years it shall be lawful for the owners to thin out the same so that not less than six hundred trees shall be left to the acre; [Clearing of land prohibited during period of rebate.—] but no portion of said planted land shall be absolutely cleared of trees during the period for which said rebate may be allowed. [L. 1903, ch. 124, sec. 1.] 1 See table, on p. 13. STATE FORESTRY LAWS—-NEW HAMPSHIRE. TABLE OF ACTS. : 13 Legislation, as amended through Reg. Sess., 1915. Equivalent references! in | this compilation. (Serial 1.) ( Codes.) Public Statutes, 1900, ch. 159; sec. 29-.-.......-- Revised Statutes, 1842, CHiMs2 SHG. Saas aca- sees (hee Sose Se (Session Law included in Code.) L, 1861, ch. 2489, sec. | ees ep ane (Session Laws subsequent to Code.) L, 1901, ch. 98, see. L. 1903, ch. 124, sec. L. 1909, ch. 128, see. 1 Bon 6 II, 30b. -| II, 3la, 11, 310. (Same as Publie Statutes, | _1900, ch. 159, see. 29.) (Same as Public Statutes, 1900, ch, 159, see. 30.) (Same as Publie Statutes, 1900, ch, 159, see. 31.) .| IL, 40. TIL, 1b 1; 20 92, Y1; 1b 2; 2c; 1a 91; 2a $1; 3. Omitted» Feces 19. Legislation, as amended through Reg. Sess., 1915. (Session Laws subsequent to Code)—Contd. L. 1909, ch. 128, see, 24 2: L. 1911, ch. 95, sec. : a Ee enc re a 151, ees 66, Vents ssnasess Diteeeinie safer L. 1913, Chis 27, SOC) Wencaneee= = 155, 159, aanaas ate L. 1915, (A asa A CE een ae 100, Mice raseuesmiets 127, WEA Sea eee 133, 10 subsee. (a) (b) ' (c) 69 (in part) 138, Ue Sch aesaoee 142, Leeaswaee see 163, Deccantiseee: Pe ooecacsend Bie westsces Equivalent references ! in this compilation. (Serial 1.) d. G1; 5 92; 22 92. 93s II, 34 91. II, 34 93; 17. II, 34 9/2. IT, 23¢ 42, (Same as L, 1909, ch. 128, secs. 2, 4, 5, 6, 7, 8, 9, 10, Lay Srey, 1800 9% 20.) (Same as L. 1909, ch. 128, secs. 23, 24, 25, 26.) III, 8. -| TIT; 9. IIL, 10. II, 25 4]1; 28; 25 92. II, 32; 33 91; 16; 33 92; 30a II, 26; 27. (Same as L. 1909, ch. 128, sec. 2.) (Same as L. 1909, ch. 128, sec. 6.) Il, 4d. (Same as L. 1913, ch. 155, sec. 6.) (Same as L. 1909, ch. 128, sec. 25.) II, 24 91. Il, 24 i II, 24 43. Il, 20a, b, c. (Same as L. 1901, ch. 98, sec. 7.) (Same as L. 1909, ch. 128, sec. 13.) III, 4. III, 5 41: 7a; 6; 7d, b Yl, c,e, 6 92; 5 2. 1 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 matter found introducing a section or paragraph should be ignored, since the material has already been presented elsewhere in 2 Temporary appropriation. % Repealing clause. ‘ its proper relation to the original text of the act being reconsiructed. (See above, L. 1913, ch. 155, sec. 1; II, 28.) WASHINGTON : GOVERNMENT PRINTING OFFICE : 1917 YF cto cde Aen IE bee x (: rk y F oaanh aesungrolsr Rubber WWE yes 4 bai asi mT) ORG CHO ST | WS re baa be a fie ba" rte elvan x zy H | es a Beas ab | 5 M3 , . ' pf ‘ k MOitia! ebay ‘oy ti sere Forestry Laws Leaflet No. 21. Date of issue December 31, 1917. United States Department of Agriculture 4)“ FOREST SERVICE j | Henry S. Graves, Forester ) STATE FORESTRY LAWS } A parallel classification showing the comparative progress of each State in forestry legislation (Serial 1—Through Reg. Sess., 1917) Compiled in the Office of State-Cooperation by Jeannie S. Peyton } CONTENTS. Page. Page. Purpose of Ssowp iehiont Sree papnadocia attested todas eae 1 | Part 11—Continued. Part I.—Administration..... 2 Distribution of costs of fire protection 5 State board of agriculture... 2)| HOSE oe Sens ea i ei oe ie te eae 5 State board of forestry... 2 _ Counties........./.222-. 5 State foréster.......... 2} Kindling fires in the open... 5 Part I1.—Fire protection. . 3 | Probibitive restrictions... 05.) AALS. nn bts. 5 RtALG (OUCSEORE was. .caen>~ aet- nel Mills An. Stat., 1912, sec. 1341.] | FEDERAL FOREST OFFICERS: AND TIMBER OFFICERS. 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 Fire 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 United States shall have the same authority under this act2 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 II, 20.) DISTRIBUTION OF COSTS OF FIRE PROTECTION. STATE.* 27. Pays: Expenses incidental to enforcing forest fire protection * in- curred by the following officers: State forester (see II, 1-3); State game and fish commissioner and wardens (see volume of Session Laws of 1899, ch. 98); deputy appraisers (see IT, 22); land appraisers (see II, 20); Federal forest and timber | officers (see IT, 25). Costs of publishing und posting fire regulations (see 11, 5). COUNTIES. 28. Pay: Sheriffs’ and deputies’ salarics and expenses * necessary und incidental to their fire protection duties. (See II, 8.) Costs of poating camp fire notices. ea II, 24.) 1 The rema mainder of this section, embracing ine provision for posting of similar notices by the state forest commissioner, was doubtless rendered inoperative by the repeal, in 1897, of the act which provided for the appointment of a state forest commussioner (aet of Apr. 4, 1885). 4 See Table of Acts, on p. 9. *It is customary to commission national forest officers to be game wardens so that they may enforce the game and fish laws. * Continuing appropriations —* * * there is hereby appropriated, for each successive biennial period [following 1911 and 1912], the said sum of Ten Thousand ($10,000) Dollars for such purposes [those of ch. 138, L. 1911 (see Table of Acts on p. 9)], and the Auditor of Stateis 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 signed by its Secretary. [(L. 1911, ch. 138, sec. 12; Mills An. Stat., 1912, Sec. 2997.] ‘Inasmuch as these officers are authorized to extinguish fires, such expenses would necessarily include a part at least of the cost of fire ia fighting. 4 13139—17——2 LAWS—COLORADO. KINDLING FIRES IN THE OPEN. PROHIBITIVE RESTRICTIONS. 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 this state or to the United States, or set fire | in . ny 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., 1912, sec. 3147]. Penalties, prosecutions and fines. (See IT, 35.) b. 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 Chto) orc (ee LOOM ch: 83; /sec..2 (Cc) 2 4. e Malls An. Stat., 1912, see. 3902 (c)]. Criminal and civil lia- bility and prosecutions. (See II, 36; 38.) 30. On all Lands. | a. Except as to open fires sufficiently guarded.— No open fires not sufficiently guarded 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 with water before leaving. [L..1901, ‘ch. 83, sec. 10; * * *; Mills. Ant. Stat., 1912, sec. 3010.] b. Except as to legal residents of the State, either in their own county, or having a camping permit in any other county.—No person, party or parties, shall be allowed to camp, either for business 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 contaizs fire provisions of forestry act.—Such permit shall bear such part of this act as relates to fires and their care, and shall be issued by the 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 warden,” 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 willfully violate the provisions of thisact. [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 State shall not camp within the forest | districts for pleasure until they shall have obtained the | services, at their own cost, of a game or forest warden as ! The legis!a‘ion shown in this and the hdtonieaie 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 fires, contained in L. 1861, pp, 317, 318, sees. 129, 130, 131, 132, and cer.ain subsequent enaciments, shown in Mills An. Stat., 1912, secs. 2011, | 2912, 2013, 2014. 2 See II, 20, footnote 3. 6 PART II—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. 1901, ch. 83, sec. 12; * * *; Mills An. Staf., 1912, sec. 3012.] Criminal and civil liability and prosecutions. (See II, 36; 38.) RAILROADS. GENERAL REQUIREMENTS. 31. Equip and Operate Locomotives to Prevent Causing Fires. jl. * * * 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. 838, 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. 83,sec.14; * * *; Mills An. Stat., 1912, sec. 3015.] Civil liability (Special provisions in forestry act). (See II, 32, 2.) Crimi- nal and civil liability, and prosecutions (General pro- visions in forestry act). (See II, 36; 38.) 32. Clear Rights of Way. 1. The right of way of any railroad 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. 3015.] Civil liability (Special provisions in forestry act).—{2. Any destruction caused by a violation of this section @ of this act shall be appraised by the appraiser of the state board of land com- missioners, [Suit if paymezt not made withi1 nizety days.—] and if the appraised value of such destruction is not paid by the ofiending railroad company within ninety days of such appraisement, then and in that case the state board of land commissicners 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 company. Damages ia- clude value of trees: (1) Commercially; (2) As con- servators of waters; (3) As promoters of adjacent 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, ice 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.) a See Table of Acts, on p. 9. 1 So far as concerns precautions against fires along railroad rights of way adjacent to or through forest lands, and as concerns the operation of roads, the general provisions in sections 14, 16, 17, of this forestry act, appear to supersede the earlier requirements in L. 1874, p. 225, secs. 1, 2, 3, in respect to ploughing fireguards and burning vegetation along the tracks, with provision for criminal and civil liability, and payment of fines into the county school fund. (For the earlier provisions, see Mills An. Stat., 1912, sees. 6158, 6159, 6160.) STATE FORESTRY LAWS—COLORADO, LIABILITY, 838. Recovery of Damages for Injuries Caused by _ Fires from Operating Railroads is Restricted. Limitation of time for bringing 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- aged or destroyed by fire; and the same shall not pass by assignment or subrogation to any insurance company that has written a policy thereon; Provided, 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. 1; * * \*; Mills An. Stat., 1912, sec. 6161.] COMPULSORY BRUSH AND SLASH DISPOSAT. INCIDENT TO LUMBERING, 34. On State Lands. : [Every person applying to cut trees on State lands is required to state in the application:] That he will 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. 1901, ch. 83, sec. 2(d); * * *; Mills An. Stat., 1912, sec. 3002 (d).] Criminal and civil liability, and prose- cutions. (See II, 36; 38.) LEGAL PROCEDURE. CRIMINAL. 35. For Violations or Attempted Violations of Fire Provisions in the Game and Fish Act.! a. Attempted violations.—Every attempt to violate any provision of this act ' shall be punishable to the same extent as an actual violation thereof. and any such attempt or violation by an agent, clerk, offcer, or employe 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.] b. 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; * * *; MillsAn. 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 1 1. 1899, ch. 98. (See Table of Acts, on p. 9.) STATE FORESTRY LAWS—COLORADO. PART II—Contd.) 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 fine.—Every person convicted 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 proceeditgs.—{1. In case of a viola- tion of this act by a corporation, the warrant of arrest may be read to the president, 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. 1899, ch. 98, sec. 21, p..190; * * *; Mills An. Stat., 1912. sec. 3160.] §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 respective 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. VOR, GO Dp. 216. % * * Mills An. Stat. 1912)" sec: 3295.] Jf. Tury 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 asin other criminal cases. [L. 1899, ch. 98, sec. 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 officer charged with its enforcement, the same at all times to be subject to the supervision 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 violation 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 justice 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 if 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 offcer 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 peace 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 disposition 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.—{l. Any person violating any of the pro- | visions of thisact? 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. 83, sec. 16; * * *: Mills An. Stat., 1912, sec. 3017.] Prosecution.— 42. The district attorneys of the various judicial districts of the state are hereby directed to prosecute 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 Removing or Destroying Posted Notices. a. Forest fire notices.—Any person who removes, jDjures, or defaces any sign or signs placed or maintained in pursuance of section 9° shall be deemed guilty of a | inisdemeanor, 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 yhe discretion of Court. [L. 1911, ch. 138, sec. 10; Mills An. Stat., 1912, sec. 2995.] b. 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.] 1Cer‘ain moneys received by the wardens and the commissioner, under this act, are paid over to the State treasurer, and constitute a game fund. (See volume of Session Laws, 1899, ch. 98, sec. 8; Mills An. Stat., 1912, sec. 3141.] 71. 1991, ch. 83. (See Table of Acts, on p. 9.) 3 See LI, 18, 4 Notices posted by boards of county commissioners. (See I, 24.) 8 STATE FORESTRY PART II—Contd.) CIVIL. 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 provisions of this act! by any person or persons engaged in any business or pleasure pursuit whatever. [L. 1901, ch. 83, sec. 16; 1L.1901, ch. 838. (See Table of Acts, on p. 9.) LAWS—COLORADO. * * *; Mills An. Stat., 1912, see. 3017.) Prosecution.— (See II, 36 92.) 89. 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- isfaction for the damage to the party injured, to be recoy- ered in an action before any court of competent juris- diction. [G. L. 1877, sec. 2150; * * * Mills An Stat., 1912, sec. 2189.] PART TI.—PUBLIC FORESTS. (This prrt comorises the provisions of la-y, if any, for the establishment and care of state and muni-ipal forests, and for the practice of forestry on these and on other lands owned by the State.) Note.—No sp2*iic provision 1s made for the estab- lishment of State forests, or for the praztice of forestry on other State lands, except in so far as it may be accomplished by the State board of land commission- ers, when making sales of timber from such lands, through the observance of the watershed protection and diameter-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, 9b.) Provision is made for the management of State forests whenever they are established. (Sec I, 6.) 1 See volume of 1901 Sess. Laws, ch. 83, sees. 1, 2, 6; Mills An. Stat. 1912, sees. 3001, 3002, 3006. PART IV.—TAXATION. (This part comprises the provisions of law, ifany, covering the classiication and taxation of forested lands 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, concerning 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. 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.]} | | 2. In the event that any of such timber shall, prior to 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.] the expiration of the 30 years, become sufficiently mature © es Oe! STATE FORESTRY LAWS——COLORADO. TABLE OF ACTS, LEGISLATION, AS AMENDED THROUGH REG. SESS., 1917. Session laws prior to 1912 codification.’ er ae Equivalent references in this leaflet. KUMTS MGA SRS Capes SC Caia 1 OU nto\aid oeeiarsaisis esclns oboe ta sais cletwia scictsicjatnss ieee c= ----| Sec, 2189 II 39. L. 1885, Pe UO Soh yn Roe SCO CB CRASS EISO Ce CORR OE CEO AOAC DEO SOADRAACCEOE re 1341 Il 24. Delay SOs. doce te ceon ass sean = = cs awnnigelensceaes secs ease cace Sees as 1342 IL 37). Ti, TREAD, COT Foes EAU Ty RS AN, cian pr ann eu ena 3140 IL 13. {Ae nc sce cea ban sca ACORAOLOGESALe BSereae } 3142 II 15, 16. Fie SCUn US neti ee meee sen nace sinamiaten Slawaaicisaecnereiccicns sew eeeace 3144 II 14, 17. PISS SOC, LESS San soccer secs tee e ce uecCaee ake concete sche secascoceneed 3147 II 29a, 26. ISO NSEGar Oe mecsacise ae cine ac penne nace tel coson cauee wasie ase 3157 II 13, footnote 3. OO SOG clemasce ceienaccscca a cseetente se eisaee. es. een Remeerese 3160 II 35e41. ells OCs Mecictes cise wares nas swecnancscccuce dence close mcadwseaccedotec< 3290 Il 35a. read eens tener cccenw acacheboneede deve tulas ac oats cased asemeee 3291 II 355. Reg tea csttviadecuaisele wo eem Janna ener es watavens Wocoeeeee sae 3293 Il 35c. Drea ee a teens Soelac tein eis aae aia seme aoe ame ces 3294 | II 35d. aS SOOs Gs. necceeese seca | 3295 | II 35¢92. (oes 3296 | TI 35/. Cees 3297 | II 35g. Qe ere etw ctraca | 3298 | II 35h. WE Sebooss 3299 } II 35%. ALO TSO! Uva. seem cainc occa ce sata ca siven/s dadewinew cas seans anes see's 3300 1 IL 35). PABLO Len CU Od SOC a1(C) 5 (OE) eee san accacesinwtiewsseecne ced ccsde tb Geweavendeeccseseadewsd 3002 (c),(d) | If 290, 34. pSeaece 3010 II 302. 3911 II 30b. 3012 II 30c. ee | 3013 IT 20. eee 3015 II 3241, 3191, 3292, 3192. bsid6c. 3016 II 22. poo | 3017 II 3641, 38. 3018 II 3692. L. 1903, ch. 83, sec. 1396 117. 1387 119, 8. LOG RAOU Beate Selehitoe os ain asisle cana nin’ wwria'a'a'< asasie tee tice scot cecuse sec enee 6161 IL 33. MERU O RAGS ISOC eae tae cece es anon saincae css ramosb ent cawackodaccoxase estes! 3014 II 25. EE CLES SOCsi lene atc einai Sactat saeco es eee hae circa caee seee secu cent os cad 2986 11, 4, 2. 2987 15. 2988 16,8, 9a. II,5. 1,7. 2989 1 9b. 2990 11191. + 2991 1 9c. 2992 II 10, 19/2. 2993 T2038: T10. Uy 4s eae 2994 IT 18. 2995 Il 37a. e 2996 112: 2997 II p. 5, footnote 3. WALES SOO Leones = seeneed soap donee tone cats meets nae saat oceaceee ees 6199 IV 11. BO SOC ence hone SB ORE ACOOTEE 6209 IV 192. 1 See also L. 1861, pp. 317, 318, secs, 129, 130, 131, 132; and secs. 2011, 2012, 2013, 2014, Mills An. Stat., 1912, referred to in footnote 2 to II, 29, 30. 8 This reference indicates an earlier code (General Laws of 1877), instead of a session law. STATE FORESTRY LAWS LEAFLETS ALREADY PUBLISHED.'! 1. Wisconsin. 6. Texas. 11. New Jersey.* 16. Illinois. 2. Louisiana. 7. Virginia. 12. Washington. 17. Ohio. 3. North Carolina. 8. Idaho. | 13. Indiana. 18. Connecticut. 4. Maryland. 9. Oregon. | 14. Minnesota. 19. Massachusetts. 5. Missouri. 10. Wyoming. | 15. Montana. 20. New Hampshire. 1 The laws of other States, * Indicates that the supply is exhausted. so far as they have been compiled, are available for loan through the Forest Service Library, Washington, D. C. WASHINGTON : GOVERNMENT PRINTING OFFICE; 1917 Mise. 5— 26. Forestry Laws leaflet No. 22. Date of issue, January 6, 1913. . . United States Department of Agriculture J“ FOREST SERVICE Henry S. Graves, Forester ' A parallel classification showing the comparative progress of each State in forestry legislation (Serial 1—Through Reg. and Sp. Sessions, 1917) Compiled in the Office of State Cooperation by Jeannie S. Peyton CONTENTS. Page. Page. EITENOSBTONCOMPUA MON on = eccrine de tence mesa nee enna-ees 1) Part 1t—Continued. anal —— A OMMIISELAGLONE - 3oaeounc. ke dee rede cesek es habeas Jak 2 MBO PTGine IA DOTOIS: 22-6 see ce ta na cea eer oe ee eee ee ee 7 Forest, game, and fish warden. ........-..------- dessor orate) 2 Distribution of costs of fire protection 7 BSL GOE DSS Ge Dace eet se chee inka inetd SER. ain een osm ok 2 State uae cee eiees es ceeeos 7 Deputy forest, game, and fish wardens... ..... Saas 3 Gountiegc2 i 2335-33... hens 7 Chief deputy wardens... Ben x RE Le ea mete egs Oe 3 Kindling fires in the open..........- 7 Deputy wardens-......- seb 3 General precautionary restrictions 7 Px officio deputy wardens. ..........-.......: 3:22$ bw 4 Prohibitive restrictions ........--- 8 VORy e]zca\s hoe a OR ee ee op 4 Railroads opti s gel seen se ccs ke edo. 253s oe ces 8 BS Uae eke ates mete tee eee Ce as fa cher to koa Senle 4 General cequirementss -sias4: «2 - 3.22 S323 a eeeses a ake 8 General funds appropriated . . 4 Employeesi-- ics +2---- sen: 8 Legal procedure 4 16) fe) Uh Ge eee soe 9 Institution of proceedings............- Ro See Ree Sore 4 Compulsory brush and slash disposal. . 9 Fines and other moneys. 5 Inipeneral soos «oe esses. on 9 Part II.—Fire protection. ..... = ee 6 Legal procedure... ...........-... c 9 BRGnvardane rents fel ens seed OIE BBM R AWN 6 Part I11.—Publie forests... ..... EO OO EO ete eal a tees : 9 Ente LONeSUCE ss abasic: te). soisnss pbye- ae ssi tas Meee ane ra 6 State forests: 2. == aoe le ain Ee cecniee Wace Beto accn 9 Special deputies and inspectors 6 | Part IV.—Taxation............ : op 9 Special deputy fire wardens....................------- WablarotWe tae. 65. ctesel ss vas teehee wtisssoah stirs stptens oeie 10 aa TUS vue) WARIONS 327 sites ooo c ete a nitee ee ue ween eon ee PURPOSE OF COMPILATION. The compilation of which this leaflet is but a part aims to meet a manifest need of the times for a work of reference by means of which the legislation underlying the forestry 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 forestry are 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, usually arise from acute local conditions, and are not of general interest), as well as of all annual or biennial appropriations, and other similarly transitory provisions. 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 “Taxation,” the text being skeletonized in blackface 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 com- pilation were taken, and who desire to reconstruct them. 13115—18——1 © ~ « 2 STATE FORESTRY LAWS—-WEST VIRGINIA. 4) af fe PART I.—ADMINISTRATION, (This part comprises the provisions of law, if any, defining the generaladministrative duties of the regularly constituted State forestry officials; also cartain miscellaneous forestry provisions. For specifie 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 TV, respectively.) FOREST, GAME AND FISH WARDEN. 1. Appointment—Term of Office—Discharge of Duties. jl. The governor shall between the first day of June and the first day of July, one thousand nine hundred and nine, appoint some person, a citizen of this state, whose term of | office shall begin on the first day of July, one thousand nine hundred and nine, to the office of forest, game and fish warden. Said warden shall hold his office for four years and until his successor has been appointed and qualified, unless sooner removed for cause by the goy- ernor. * * * 2. Said warden shall devote all his time to the discharge of the duties of his office, imposed upon him by law. [L. 1909, ch. 60 (sec. 1); Code 1913, sec. 3449 (ch. 62, sec. 1).] 2. Salary and Expenses. He shall receive for his services the sum of eighteen hundred dollars per annum, to be paid out of the treasury, quarterly, after being duly audited; and shall be allowed | mileage of three cents a mile while traveling by railroad or steam-boat, and ten cents a mile while traveling other- wise than railroad or steam-boat, for the distance neces. sarily traveled while actually in the discharge of his official duties as such warden. Mileage expense approved | quarterly—Amount limited.—Provided, however, That the | mileage expenses of said warden shall be reported quar- terly under oath to the governor and approved by him; and provided, further, That such mileage expenses shall not, in any one year exceed five hundred dollars, [L. 1909, ch. 60 (sec. 1); Code 1913, sec. 3449 (ch. 62, sec. 1).] 8. Bond. A The forest, game and fish warden and the chief deputy wardens, shall each, before entering upon the discharge of | their respective duties, execute a bond in the penalty of | three thousand five hundred dollars, with security therein | to be approved by the governor, and conditioned for the faithful performance of their duties, and to account for | and pay over all moneys and property’ coming into their hands, due and belonging to the state, * * * which said bonds, after having been approved by the governor, shall be deposited with the auditor. [L. 1909, ch. 60 (sec. 6); Code 1913, sec. 3454 (ch. 62, sec. 6); L. 1915, ch. 14 (sec. 6).] 4, Allowed Printing and Stationery Privileges. The forest, game and fish warden shall be allowed all necessary printing, printed blanks, stationery and postage; [Expense for printing approved by governor.—] but before he shall incur any expense for printing, he shall first make requisition therefor upon the governor, who, in his discre- tion, approving the same, shall issue his warrant to the warden for said printing, the cost and expense therefor | to be paid out of the state treasury. [L. 1909, ch. 60 (see. 10); Code 1913, see. 3468 (ch. 62, sec. 10).] 5. General Powers and Duties. The forest, game and fish warden shall haye general , charge of the following public matters, and necessary | powers therefor. Publishes information concerning the | regard to the protection of forest and the protection and propagation of game and fish, the publishing thereof, | [Has charge of official reports and books.—] and the taking | charge of and keeping all reports, books, papers and docu- ments which shall, in the discharge of his duties hereunder, come into his possession and control, [Prosecutes violators / of forest laws.—] and the institution of all proper legal proceedings to enforce the provisions of law, now in force, _ or hereafter enacted, in reference to forests, game and fish.! [L. 1909, ch. 60 (sec. 2); Code 1913, sec. 3450 (ch. 62, sec. 2).] 6. Makes Biennial Report and Fiscal Statement. Said warden shall, on or before the first day of January, one thousand nine hundred and eleven, and biennially _ thereafter, submit to the governor, a detailed report show- |ing what has been done by him during the preceding biennial period, the amount of all moneys received by him and from what sources, in detail, a complete inventory of all game and other property seized and sold, and the | amount received therefor, and the amount of disburse- ments in detail. Books and vouchers subject to examina- tion by state auditor.—The books and vouchers of said warden shall be subject to examination by the auditor of the state at all times. [L. 1909, ch. 60 (see. 2); Code 1913, sec. 3450 (ch. 62, sec. 2).} 7. Pays into State Treasury One-Half of Fines. {After payment to each deputy warden of half of every fine resulting from prosecutions by him ?] the other half of such fine shall be paid to forest, game and fish warden, who | shall pay the same over to the treasurer of the state, to be credited by him as other fines are credited; * * * (L. 1909, ch. 60 (sec. 1); Code 1918, sec. 3449 (ch. 62, sec. 1).] 8. Additional Duties. Appoints: State forester. (See I, 9.) Chief deputy wardens. (See 1, 12.) Deputy wardens. (See T, 18.) Approves and submits to governor mileage accounts of chief deputy wardens. (See 1, 13.) Furnishes report blanks to deputy wardens. (See I, 16.) STATE FORESTER. 9. Appointment.* } [The forest, game and fish warden] shall appoint some suitable person of sufficient education, training and prac- tical experience in forestry, as state forester, * * * [L. 1909, ch. 60 (sec. 51); Code 1918, sec. 3515 (ch. 62, sec. 51); L. 1915, ch. 15 (sec. 51).] . 3 10. Bond. r Before entering upon the discharge of his duties, the said state forester shall execute a bond in the penalty of three thousand five hundred dollars, with surety therein, to be ' approved by the forest, game and fish warden, and condi- — 1 £ee also I, 27. 2 See J, 19: : § There is no spevifie provision of law concerning the state forester’s salary and expenses. They are, accordingly, paid out of the general forests.—The collection and diffusion of such statistics, s‘the'"Parest, Game, and Fish Protective Fund.’’ (Ses literature and information as he may deemfise RIRRY LOR. CONGRESS \ STATE FORESTRY PART L—Contd.] tioned for the faithful performance of his duties and to account for and pay over all moneys coming into his hands due and belonging to the state, * * * which said bond, after having been approved by the warden, shall be deposited with the auditor. [L, 1909, ch. 60 (see. 51); Code 1918, sec. 3515 (ch. 62, sec. 51); L. 1915, ch. 15 (sec. 51).] Penalty for false returns as to moneys collected or disbursed, or failure to pay over fines.—(Sce I, 32.) 11. Duties in General. Reforesting lands.—* who [the state forester] ~ shall work under the direction of the forest, game and fish warden, and assist bim in formulating the best methods of re-foresting cut over and denuded lands, [Preventing fires.—] preventing the destruction of forests by fire, [Ad- ministering state forest lands.—] administering the forests on forestry principles, [Promoting private forest manage- ment.—] instructing and encouraging private owners in preserving and growing timber for commercial and manu- facturing purposes, [Establishing and maintaining patrol and lookout work.—] establishing, equipping and maintain- ing patrol routes and lookout stations, [Securing coopera- tion of private and federal agencies.—] and securing the aid and co-operation of individuals, companies, organiza- tions and the federal government. Code 1913, sec. 3515 (ch. 62, sec. 51); L. 1915, oh .15) sec. 51). un ere DEPUTY FOREST, GAME AND FISH WARDENS. CHIEF DEPUTY WARDENS: 12. Appointment—-Term of Office. Said warden [forest, game and fish warden] shall appoint | two persons who are citizens of this state and one of whom shall reside in the eastern section of the state, chief deputy wardens of forests, game and fish, said chief deputies shall hold their office at the pleasure of the warden appointing them. [L. 1909, ch. 60 (see. 1); Code 1913, sec. 3449 (ch..62, sec. 1).] 18. Salary and Expenses. ; Said chief deputies shall each receive for their service, the sum of nine hundred dollars a year, to be paid out of the treasury quarterly after being duly audited, and shall be allowed mileage of three cents a mile while traveling by railroad or steamboat, and ten cents a mile while travel- ing otherwise than by railroad or steamboat, for the dis- tance necessarily traveled for the purpose of performing the duties imposed upon them by law, and they shall de- vote all their time thereto, [Quarterly reports made as to mileage—Approval.—] such mileage expense of either of | said chief deputies, shall be reported quartely [quarterly] | under oath to the warden and approved by him, and for- | warded to the governor and approved by him; [Limitation of mileage.—] provided, however, that said mileage in any one year, shall not exceed four hundred dollars to each chief deputy warden. sec, 3449 (ch. 62, sec. 1).] 4 14. Are Under Direction of the Forest, Game and Fish . Warden, {1. The chief deputy and deputy wardens shall act and be under the direction and supervision of said forest, game | and fish warden. * * * {2 and shall be immediately responsible to the warden, and * * * {3 receive in- structions from him. [L. 1909, ch. 60 (sec. 3); Code 1913, sec. 3451 (ch. 62, sec. 3).] _ . ne [L. 1909, ch. 60 (see. 515) | [L. 1909, ch. 60 (sec. 1); Code 1913, | LAWS-—-WEST VIRGINIA. | 15. Enforce Forest Laws. Said chief deputy and deputy wardens shall have au- | thority, and it shall be their duty to enforce the game, fish and forest laws of this state, now in force or hereatter enacted, for the protection of forests and protection, pres- ervation and propagation of gime, fish and birds. * * * - [L. 1909, ch. 60 (sec. 3); Code 1913, see. 3451 (ch. 62, sec. 3).] Prosecute offenders.—(See I, 27), c.) 16. Make Reports to Forest, Game and Tish Warden. a. Quarterly reports upon work in general.—The ap- pointed deputy wardens shall on the first of the months of j January, April, July and October of each year make a report under oath to the forest, game and fish warden, which reports shall show in detail the work done by them severally during the three months next preceding. The forest, game and 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, ete.—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 what disposition was made of the same, the amount of pro- ceeds of sale, and the amount of money, if any, received by him for fines imposed, or from any other source provided | for by this chapter. [L. 1909, ch. 60 (sec. 15); Code 1913, sec. 3473 (ch. 62, sec, 15); L. 1915, ch. 14 (see. 15).] Upon mileage expenses.—(See I, 13.) 5. Special reports, upon request.—[The chief deputy and deputy wardens] shall report all matters 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.) Pay over one-half of fines to the forest, game and fish wer- den. (Seel , 20.) DEPUTY 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. 3449 (ch. 62, sec. 1).] 19. Compensation Consists Exclusively of One-Half of Fines, if Any, from Their Individual Prosecutions. | 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 in-each prosecution instituted by any such deputy warden, and * * {| 2. but no 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 within 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-officio wardens shall be liable for any such moneys % * 1 See I, 22. 4 STATE FORESTRY LAWS-—-WEST VIRGINIA. PART I—Contd.]} received by them. [L. 1909, ch. 60 (sec. 15); Code 1913, sec. 3473 (ch. 62, sec. 15); L. 1915, ch. 14 (see. 15).] 21. Additional Duties. Are under direction of forest, game, and fish warden. Tas) Enforce forest laws. (See 1, 15; 27b, c.) Make reports, quarterly and special, to forest, game, fish warden, (See I, 16a, b.) (See EX OFFICIO DEPUTY WARDENS. 22. Sheriffs and Constables, and Chiefs of Police are Deputy Wardens, Ex Officio—Jurisdiction. The sheriffs, deputy sheriffs and constables in the several counties of this state shall be ex officio deputy wardens therein, and the chiels of police of the cities, towns and villages of this state shall also be ex officio deputy wardens therein and their jurisdiction shall extend no further than their respective counties. cities, towns and villages. {L. 1909, ch. 60 (see. 1); Code 1913, sec. 3449 (ch. 62, sec. 1).] 23. Make Reports to Forest, Game, and Fish Warden. a. Quarterly reports, if proceedings instituted, or moneys collected.— All ez-officio deputy wardens shall make a report to the forest, game and fish warden on the day of January, April, July and October of each year if they have instituted any proceedings or collected any moneys under the provisions of this chapter during such preceding three months, and * * *. {L. 1909, ch 60 (sec. 15); Code 1913, see, 3473 (ch. 15); L. 1915, ch. 14 (see. 15). | hb. Special reports, upon request.—(See 1, 16b.) first 62, sec. 24. Additional Duties—Compensation. Act under direction of forest, game, and fish warden. (See LES) Enforce forest laws, (See 1, 15; 27b (footnote 2), c.) Compensation consists of one-half of fines collected. (See I, 19.) Pay over other half of fines to forest, game, and fish warden— Bonds responsible. (See 1, 20.) EXPENDITURES. STATE. 25. Pays: a. Salaries and expenses of forest, game, and fish warden, and chief deputy wardens.' (See I, 2; 13.) b. Costs of requisitions and extraditions in prosecutions for violations of forest laws, offenders. (See T, 29 {[4.) xENERAL FUNDS APPROPRIATED.? “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 chapter, as now amended, shall be paid into the state treasury and credited to the 1 The State also pays the salary of thes State forester, out of the * game, and fish protective fund” (see I, 26), and certain fire-protection expenses (see II, 14). 4 Only such laws concerning appropriations are compiled as provide funds available, from year to year, until expended. Appropriations limited to a fixed annual or biennial period of expenditure are omitted because of the frequent changes in the amounts. 26. * Moneys other than the net proceeds from fines mentioned in 1, 30 «, b. | and / when not collected from the | Forest, | | ‘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 {Paid out upon requisition of the forest, game and fish, game and fish warden.—] 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 (see. 31).] LEGAL PROCEDURE.' INSTITUTION OF PROCEEDINGS. 27. Forest Officials are Vested with Power in Respect to the Following Matters: . The forest, game, and fish warden has renee charge ne pe necessary powers for, the institution of legal pro- ceedings to enforce forest laws.—(See I, 5.) b. The forest, game, and fish warden and deputy war- dens execute and serve warrants, arrest violators without warrant, and make complaint before proper officer.— ‘1. The foresi, game and fish warden, and appointed deputy wardens” shall have full power to execute and serve any warrant or process of law, issued by any justice of the peace or by any court having jurisdiction under the law, relating to game, fish, birds and forests, in the same manner as any,constable or sheriff 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 for each offense. [L. 1909, ch. 60 (sec. 4); Code 1913, sec. 3452 (ch. 62, sec. 4).] Impress citizens in making arrests, seizures, etc.—{2. Any of the ofli- 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 SumD- moned, and refusing to act, shall be liable, upon con- | viction, to the same fines and penalties, the same as if | 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 eel Procedure is, for obvious reasons, most appro- | priately placed, ordinarily, in Part Il. The unusually broad scope ct | this legislation, however, seemed to require its consideration in connee~ | tion with the general subject of Administration. | 2 Ex officio deputy wardens (sheriffs, constables, and chiefs of re: have the same powers in virtue of their office. (See also, I, 15.) — STATE FORESTRY LAWS—-WEST VIRGINIA. PART I—Contd.] shall be taken before a justice, having jurisdiction, and | proceeded against as soon as may be on a week day fol- lowing such arrest. [L. 1909, ch. 60 (sec. 14); Code 1913, | see. 3472 (ch. 62, sec. 14),.] Wardens exempt from certain legal procedure.—{j3. * * * inany prosecution under this chapter, section two of chapter thirty-six of the code | of one thousand eight hundred and ninety-nine and see- tion one thousand 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 (ch. 62, sec. 1).] c. The forest, game and fish warden and deputy wardens institute proceedings without sanction of prosecuting attorney for the county.—The forest, game and fish | warden and deputy wardens 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 forest laws, without the sanction 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.—Any of said officers may also appear in any court of competent juris- diction in this state, in any case for violation of any of the laws for the protection of forests, or the protection, preser vation and propagation of game, fish and birds, and prosecute the same in the manner and with the same authority, as the prosecuting attorney of the county in which such proceedings are had. May employ attorney.— And 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 costs, upon conviction, a fee of ten dollars in such case. [L. 1909, ch. 60 (sec. 11); Code 1913, sec. 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 misdemeanor, and upon conviction | thereof, shall be fined not less than twenty-five dollars nor more than two hundred dollars, together with the costs of the prosecution, and in default of payment thereof shall be confined in the county jail until said fines and costs are paid; provided, however, that such imprisonment | shall not exceed ninety days. [L. 1909, ch. 60 (sec. 17); | Code 1918, sec. 3475 (ch. 62, sec. 17).] 29. Method of Procedure. Prosecutions are in the name of the State.—{jl. All prosecutions under this chapter 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 attommey appears, a fee of ten dollars shall be | 1 The certain legal procedure referred to requires that indictments, etc., shall have the name of the informer or prosecutor endorsed on them. 13115—18——2 5 allowed him, to be taxed as a part of the costs of the case, and collected off the defendant, in case he is convicted. [L. 1909, ch. 60 (see. 29); Code 1913, sec. 3489 (ch. 62, sec, 29).] May not be adjusted by deputy wardens.— 2. It shall be unlawful for any deputy warden, either appointed or ex officio, to settle, compromise or adjust any prosecution under this chapter and to receive moneys from any violator or alleged violator of any of the provi- sions thereof, unless the same are moneys received in the payment of fines imposed in due process of law by a justice or court having jurisdiction of the offense charged, [Penalty.—] and if any such 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 upon conviction thereof, shall be confined in the penitentiary not less than one nor more than five years. [L. 1909, ch. 60 (sec. 3); Code 1918, sec. 3451 (ch. 62, sec. 3).] Competency of witnesses.—{3. Every person called as a witness in any case for the violation of any of the provisions of this chap- ter, shall be compelled to testify fully; but his 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 testify, shall be competent 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.—{/4. In all cases where any person has been indicted for the vio- lation of any of the provisions of this chapter, and has escaped or removed to another state, all costs of requisi- 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 against such person; [Paid out of ‘‘forest, game and fish protective fund,’’ if not collected from offenders.—] and if such costs of requisition and extradition papers and expenses 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); Code 1913, sec. 3492 (ch. 62, sec. 32):] FINES AND OTHER MONEYS. 30. Disposition of Fines: a. One-half of fines goes to deputy wardens for services rendered.—(See I, 19 {{1.) b. The other half is tumed into state treasury, through the forest, game and fish warden.—{1. (See I, 7.) Is credited to the ‘‘school fund.’’—{/2._ All moueys collected and due the state, under and by virtue of the provisions of this chapter, shall be disposed of as 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 amounts 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 1 See I, 26. 6 PART I—Contd.} * * * [L. 1909, ch, 60) , see: 31); L. 1915, provided by the constitution; (seé. 32); Code 1913, sec. 3491 (ch. 62 ch. 14 (see: 31).} 31. Disposition of Moneys Other than Fines.! Moneys other than fines ' are paid into the state treasury, | an@’ credited ‘to the ‘Forest, Game and Fish Protective | Fund:’”’ (See I, 26.) 32: 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, ot any other officer who shall make any false return as to moneys collected ordisbursed by him, as provided for in this chapter of does not pay over 'to the proper officer as provided in this chapter, moneys collected by him for STATE: FORESTRY LAWS—WEST VIRGINIA. fines, shall be deemed guilty of 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, see. 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: whose courts any case 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 (see. 15); Code: 1913, see. 3473 (ch. 62, sec. 15); L. 1915, ch. 14 (see. 15).] PART II.—FIRE PROTECTION. (This part. comprises the general provisions of law, if any, concerning protection from forest fires. cerning protection of state-owned lands, see Part III.) FIRE: WARDEN. 1. Forest, Game and Fish Warden is Ex-Officio Fire | Warden. | ‘The. forest, game and fish wardens shall be ex- officio | fire warden of the state of West Virginia, and * [L. 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 ofthe * * * [fire] warden to| carefully audit such report [deputy fire warden’s report?], | and after having satisfied himself of the correctness of | same, he shall approve said report and certify same to the county, court ‘of the county wherein the fire occurred for payment: * * * [L. 1909, ch. 60 (see. 52); Code | 1913, see. 3516 (ch: 62, see. 52); L. 1915, ch. 15 (see, 52).] $. Additional Duties. Pnforces firelaws. (1, 5; 27.) Takes necessary action to prevent destruction of forests by Sires. (See I, 111) ' Has power to enter wpon lands, (See 11, 10d:) Pays into State treaswry one-half of fines. (Sée:l, 7.) Recovers, in name of county, fire-fighting expenditures and costs. (See 11, 26d.) STATE FORESTER. 4. Duties. Assists the fire warden in preventing the destruction of forests by fire. (See I,-11.) Has power to enter upon lands. (See Il, 10d.) SPECIAL DEPUTIES AND INSPECTORS. 5: Appointment: , The * * * [fire} warden may also appoint® such! speefal deputies ‘and inspectors’ a8!are’ necessary to meet) the conditions and requirements of the federal government | in securing federal ie hats under the provisions of the | Weeks law; and’ * * [L. 1909) ch. 60 (sec. 51); Code! 1913, see: 3515 = 62; seey 51); L. _— ch. 15 — 51). \ i = — | ' Moneys other than the net soma from. fines Ere iaenid in I, 30, b. | * See II, 11. * No specific provision is made for compensating these special deputies | and inspectors. They are, accordingly, paid out of the “forest, game | and fish protective fund,” on a salary basis, (See I, 26.) | services may be required. For localized provisions, if-any, con- - SPECIAL DEPUTY FIRE WARDENS. 6. Appointment—General Powers and Duties, Compensation. [The fire warden] may appoint special deputy fire wardens for each county, whose duty it shall be to assist in preventing and controlling forest fires, who shall be vested and , 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 (see. 51); Code 1913, sec. 3515, ch. 62, see. 51); L. 1915, ch. 15(see.51)]- 7. Additional Provisions. Are under direction of fire warden. (See 1, 14.) Enforce fire laws. (See I, 15; 27b, ¢.) Make reports, quarterly and special, to fire warden. (See | I, 16¢,'b.) Receive as compensation: a. One-half of fines in prosecutions instituted by them. (See I, 19.) b. Two dollars per day for time employed at forest fires. (See II, 9.) Pay over to fire warden fines collected. (See 1, 20.) Have jurisdiction in adjoining counties, or elsewhere, 1 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, 10c.) Have power to enter upon lands. (See II, 10d.) Make reports on fires, to firewarden. (See IT, 11.) DEPUTY FIRE WARDENS. 8, Created—Jurisdiction. All deputy forest, game and fish 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 [L. 1909, ch. 60 (see. 51); Code 1913, sec. 3515 (ch. 62, sec. 51); L. 1915, ch. 15 (see. 51).) 1 See “ Deputy Forest, Game and Fish Wardens,” I, pp. 3, 4. STATE FORESTRY PART Ii—Contd.} 9. Compensation for Time Employed at Forest Fires. Deputy [fire] wardens shall receive the sum of two dollars per day for the time actually employed at forest t6 ae fires, [Compensation of fire-fighting laborers.—] and all | LAWS—-WEST VIRGINIA. persons employed or summoned by them, not to exeeed | the sum of one dollars [dollar] and fifty cents per day for their services. [L. 1909, ch. 60 (see. 52); Code 1913, sec. 3516 (ch. 62, see. 52); L. 1915, ch. 15 (see. 52).] 10. Have the Following Fire-fighting Powers and Duties: a. Attend, and take measures to confine and extinguish fires.—In case of fire in or threatening to forests or wood- lands, the deputy fire wardens, shall upon receiving | notice thereof, forthwith attend and use all necessary means to confine and extinguish the same. b. Back-fire, and take other precautions.—He may | destroy fences, plough land, or, in an emergency, set back fires to check fire. c. Hire volunteers, or impress assistance.—He may hire volunteers or summon any resident of his county to assist in putting out fires. Penalty for refusing to assist.— ‘Any person summoned, who is physically able, and refuses to assist, shall be guilty of a misdemeanor, and upon conviction thereof, be fined not less than ten, nor more than fifty dollars, and in the di-cretion of the court or justice trying the case, be confined in the county jail for a period of not more than sixty days; and upon the default of the payment of fine and costs, he shall be confined in the county jail for not less than twenty, nor more than thirty days, unless said fine and costs are sooner paid. d, May enter upon lands.—An action of trespass shall not lie against persons crossing or working upon lands of another to extinguish fire. [L. 1909, ch. 60 (sec. 51); Code 1913, sec. 3515 (ch. 62, sec. 51); L. 1915, ch. 15 (sec. 51).J 11. Make Fire Reports and Accounting to the Fire Warden. * * * each deputy [fire] warden shall within twenty days after such [forest] fire render 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 destroyed, with an estimate of the value thereof, the time used by him, the names and postoffice address of all persons hired or summoned by him, who assisted him thereat, together with the time each worked. ‘ Penalty for making any false statement in reports or aecounting.—Any deputy [fire] warden who shall make any false statement in his said report, hereinbefore re- quired to be made to the * * [fire] warden, as to the time used by him, the names of the persons so hired or summoned by him, and who assisted him in fighting such fire, or as to the time of any such person working thereat, shall be guilty of a misdemeanor, and upon conviction thereof, be fined not less than twenty-five nor more than one hundred dollars, and for such cause shall be remoyed from office by the said * * *>ffire] warden. [L. 1909, ch. 60 (sec. 52); Code 1913, see. 3516 (eh. 62, sec. 52); L. 1915, ch. 15 (sec. 52).] 12. Additional Duties. Act under direction of fire warden. (See I, 14.) Enforce fire laws. (See I, 15; 276, c.) Pay over fines to fire warden. (See I, 20.) * ~J FIRE-FIGHTING LABORERS. 13, Employment and Compensation. Are impressed by deputy fire wardens (See II, 10c.) Have power to enter upon lands. (See II, 10d.) Compensation for time employed at fires. (See II, 9.) Penalty for refusing DISTRIBUTION OF COSTS OF FIRE PROTECTION. STATE. 14. Pays: a. Salaries and expenses of special deputies und inspectors | (see IT, 5, footnote 3), and also contributes the salaries and expenses of the following officers, to the extent of such time as each devotes to fire protection work: Fire warden (see I, 2): State forester (see I, 9, footnote 3). b. Costs of requisitions and extraditions in prosecutions Jor violations of fire laws, when not collected from the of- Sender (see T, 29 §4). COUNTIES. | 15. Pay Fire-Fighting Costs: Incurred by deputy wardens.—1. All services so’ren= dered [at fires by deputy wardens and fire-fighting labor ers] shall be a charge against the county, and * * *, 92 which amounts [shown in fire report accountings by deputy wardens '] shall be paid to the parties entitled thereto, out of the county funds, at the first session of said court * thereaiter [after being certified to the county court by the fire warden for payment]. [L. 1909, ch. 60 (sec. 52); Code 1913, sec. 3516 (ch. 62, see. 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 IT, 26d.) KINDLING FIRES IN THE OPEN. GENERAL PRECAUTIONARY 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 possible care and precaution against the spread of such fire to other lands not their own, by previously haying cut and piled the same, or carefully cleared. around the -land which is te be burned, so as to prevent the spread of such fire. Prima facie evidenee of wilfulmess. or neg- lect.—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 willfulness, or neglect, [Liability for damages and fire-fighting costs.—] and the Jand owner 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 extingui:hing the same. [L. 1909, ch: 60 (see. 53); i See II, 11. 2 County court of the counry wherein the fire occurred. ‘See. 3517, Code 1918 (ch. 62, see. 53). See Table of*Acts:on ps 10. 3° PART 1—Contd.] Code 1913, sec. 3517 (ch. 62, sec. 53); L. 1915, ch. 15 (sec. 53).] Rights of damages between parties not barred by | recovery, in the name of the county, of fire-fighting expend-_ itures and costs.—(See II, 26d.) PROHIBITIVE RESTRICTIONS. 17. Criminal Liability. a. For unintentionally setting fire to woods, etc.— Penalty.—Ii 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).] ‘b. For negligently setting fire to woods, ete.—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 IT, 16.) c. For maliciously setting fire ta woods.—If any person unlawfully and maliciously set fire to any woods, fence, grass, straw or other inflammable material which may spread fire on lands, he shall be guilty of a felony, [Pen- alty.—] and on conyiction thereof shall be confined in the penitentiary not less than one year nor more than two years,and? * * * [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.—Whoever by himself, or by his servants, agents or guide, or as the servant, agent or guide of any other person, shali 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 (see. 53); Code 1918, sec. 3517 (ch. 62, sec. 53); L. 1915, ch. 15 (sec. 53).] Prima facie proof of wilfulness or neglect.—(See II, 16.) 18. Civil Liability. a. For unintentionally setting fire to woods, ete.—[It | any of the acts mentioned in IJ, 17¢ be done unlawiully | but not wilfully or maliciously, the person guilty thereof] | shall moreover be liable to any person injured thereby, 1 The term “the next preceding seetion’’ has reference to sec. 8 of ch. 148, L. 1882 (Code 1913, see. 5199). this section, and footnote 1 to II, 18.) 2 While the provisions contained in II, 17c, 18) are direct amendments of certain provisions in L. 1909, ch. 60 (Sec. 53), they appear to super- sede also sec. § of ch. 148, L, 1882. (See footnote 2 to subsee. ¢ of STATE FORESTRY LAWS——-WEST VIRGINIA. or in consequence thereof, for all such damages as may be © sustained by such person, [L. 1882, ch. 148 (see. 9); Code 1913, sec. 5200 (ch. 145, see. 9).] b. For maliciously setting fire to woods, ete.—[If any person unlawfully and maliciously set fire to any woods, fence, grass, straw or other inflammable material which may 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 IT, 26d.) ; RAILROADS. GENERAL REQUIREMENTS. 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 such 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. [L. 1909, ch. 60 (sec. 54); Code 1913, sec, 3518 (ch. 62, - see. 54); LL. 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 cause, cut and remove from its right of way along such 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, sufficient trackmen to promptly put out fires on its right of way; and * * * Leave no deposits of fire coals or ashes.—{]2. No railroad company or employee thereof shall deposit fire coals or ashes on its track or right of way near such lands.? [L. 1909, ch. 60 (see. 54); Code 1913, sec. 3518 (ch. 62, see, 54); L. | 1915, ch, 15 (see. 54).] 21, Extinguish Fires on Their Own and Neighborin Lands. ‘ In ease of fire on its own or neighboring lands, the rail- road company shall use all practicable means to put it out. [L. 1909, ch. 60 (see. 54); Code 1913, see. 3518 (ch. 62, sec. 54); L. 1915, ch. 15 (see. 54).] EMPLOYEES. 22. Fire Duties. Train employees report fires to station agent.—Engineers, conductors or trainmen discovering or knowing of fires in fences or other material along or near the right of way of | the railroad in such lands? shall report the same at the first | station to the station agent, [Station agent notifies nearest 1 While the provision contained in II, 17c, 18) are direct amendments | of certain provisions in L. 1909, ch .60 (sec. 53), they appear to supersed also sec. 8 of ch, 148, L. 1882. 5 2 See II, 20 71. STATE FORESTRY LAWS—-WEST VIRGINIA, 9 PART [1—Contd.] : ys fire warden, and takes measures to extinguish fires.—] | and such station agent shall forthwith notify the nearest | fire warden and use all necessary means to extinguish the | same. [L. 1909, ch. 60 (sec. 54); Code 1913, sec. 3518 | (ch. 62, sec. 54); L. 1915, ch. 15 (sec. 54).] LIABILITY. 23. Criminal. And any railroad 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. Civil. 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 GENERAL. 25. 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, 16; 17a, b, ¢; 18a, b.) LEGAL PROCEDURE. 26. Forest Fire Officials are Vested with Power in Respect to the Following Matters: a, The fire warden has general charge of, and necessary powers for the institution of legal proceedings to enforce fire laws.—(See I, 5.) ' Sec. 3518, Code 1913. (See Table of Acts, on p. 10.) b. The fire warden and deputy fire wardens execute and serve warrants, arrest violators without warrant, and make complaint before proper officer.—(See I, 27) {1.) Impress citizens in making arrests, seizures, ete.—(See I, 27h {2.) c. The fire warden and deputy fire wardens institute proceedings without sanction of prosecuting attorney for the county.—(See I, 27c 1.) Conduct prosecutions with same authority as prosecuting attorney—-Employ attorney, when necessary.—(See I, 27¢{2.) d. The fire warden recovers fire-fighting expenditures and costs from offenders, in name of county.—The * * * [fire] warden in the name of the county in which any forest fire has occurred, and which has been extinguished or sup- pressed by his efforts, shall recover from the person or per- sons, firm or corporation, giving origin to such fire, the amount so expended in extinguishing said fire and the costs thereof, [Rights 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. 3519 (ch. 62, sec. 55); L. 1915, ch. 15 (sec. | 54a).] 27. Additional Provisions. Penalty for hindering forest officials. Method of procedure. (See 1, 29.) Disposition of jines and other moneys: a. Fines: One-half of fines goes to deputy fire wardens for services rendered. (See 1, 19 §1.)—The other half is turned into the State treasury through the fire warden, and credited to the ““schoolfund.”’ (See I, 7; 306 §2.) b. Moneys other than fines: Are paid into the State treas- ury, and credited to the ‘forest, game and fish protective jund.” (See I, 26.) A c. Penalty for false returns as to moneys, or failure to pay over fines. (See I, 32.) d. Court officials make quarterly reports to fire warden, as to moneys collected. (See J, 33.) (See I, 28.) PART II.—PUBLIC FORESTS. (This part comprises the provisions of law, if any, for the establishment and care of state and murticipal forests, and for the practice of forestry on these and on other lands owned by the state.) STATE FORESTS. 1. Acquirement. a. By purchase.—The forest, game and fish warden, by | and with the consent of the governor, shall have the | power to purchase lands in the name of the state, suitable | for forest culture and reserves, [Price limited.—-] at a_ price which shall not exceed five dollars per acre, [Avail- able funds.—] using for such purchase any surplus money not otherwise appropriated which may be standing to the credit of the forest, game and fish protective fund; | {Administration.—] and to make all rules and regulations | governing state reserves;and * * * b. By giit—[The forest, game and fish warden] is hereby | authorized, by and with the consent of the governor, to | accept gifts of land to the state, [Administration— Object.—] the same to be held, protected and adminis- tered by the forest, game and fish warden as state forest reserves, and to be used so as to demonstrate the practical utility of timber culture and as a breeding place for game. Reservation of mineral rights.—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 forest reserves, [Title.—] and the attorney general of the 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. — (ch. 62, 1915, ch. 15 (sec. 54b).} 2. Management. The state forester acts as executive officer of the forest, game and fish warden, in the work of forest management. (See T, 11.) sec. 545); L. PART IV.—TAXATION. (This part comprises the provisions of law, ifany, covering 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 taxa- tion provisions, if any, concerning state or municipal forests, or other state lands, see Part III.) 10 STATE FORESTRY LAWS-—WEST VIRGINIA. TABLE OF ACTS. Legislation, as amended through regular and special sessions, 1917. | j Equivalent references in this leaflet. Session laws prior to Code Code 1913 Session laws subsequent 1913. } : to Code 1913. L. 1882, eh. 148 (see. 8)...... See. 5199 (ch. 145, see. 8)........ DANE idee conse tutes tele | (See footnotes to IT, 17a, c, 18b.) 11882, ch: 148\(seer9))-...-.| Séce. 5200i(ehid45;sae49)2- eth wi ecac ssc soe lease seneseses | IL 17a, 182. L. 1909, ch. 60 (see. 1)......- Seal sa4Oi(chi702: Sadr 1} ccceste. leet. 2. 6. Misti sy Jenne 114], 2, 192, 12, 13, 18, 22, 1991, 7, 1992, 27693. L. 1909, ch. 60 (sec. 2)....... Seen s450nchieavseaw2 ene. casa okmoe sae wienice mee cies ee weran Hud L. 1909, ch. 60 (sec. 3).....-- Sec, 3451 (Gh. 62, Sac. 8) sce goes] anee se a Meee = pee SEE 11491, 15, 1492, 16b, 1493, 2992. L. 1909, Chi:60 (see! 4). 27522. Beesusbe (GH.162, BaCs4) easie oes |p ate tree dnepecipeies on ueem pros ane I 27641. L. 1909, ch. 60 (sec. 6)....... Sec. 3454 (ch. 62, sec. 6)... 1915, ch. 14 (sec. '6)......- 13 L. 1909, ch. 60 (see. 10)....-. Sec. 3468 tee 62, sec. 10). na dia'ew'e |dea'ee:de Geb aeh abate eit eumee 14, L. 1909, ch. 60 (see. 11). ..... Sec) 3460:(oh. 82; seGod) sec secaalcl eel eee eke Le 2c; L, 1909, ch. 60 (see. 14). ..-- See. 3472 (ch. 62, SOG. LA) selels on pol wy acca anttatee sete seer ea I 27692. L. 1903, ch. 60 (sec. 15)....-- Sec. 3473 (ch. 62, see. 15)... . 1915, ch. 14 (see. 15)...... I 162, 23a, 20, 33. L. 1903, ch. 60 (sec. 16).....- BGG. tad as(ORr Be SOG IO) Se. cjeth| wns dbiesicimeutar ape e ota wa I 32. L. 1909, ch. 60 (sec. 17)....-. Hec.. 3475 (CH: 62, Sent LT) Oost |S es a ee coats I 28. -L. 1909, ch. 60 (see. 29)......| Sec. 3489 (ch. 62, sec. 29)... I 2991. L. 1909, ch. 60 (sec. 30).....- Sec. 3490 (ch. 62, sec. 30)... I 2993. L. 1909, ch. 60 (sec, 31).....- Sec. 3491 (ch. 62, sec, 31)... .-| I. 1915, ch. 14 (sec. 31).-.... I 30642, 26. L. 1909, ch. 60 (sec, 32)....-- Sec. 3492 (ch. 62, see. 32)... Beeb ae Se ee ee Ll 1 2994. L. 1909, ch. 60 (see. 51)....-- Sec. 3515 (ch. 62, sec. 51)... F . 1915, ch. 15 (sec, 51)...... Ili,1 ‘9 11, 10, II 8, 5, 6, 102, 4, c, d. L. 1909, ch. 60 (see. 52)....-. Sec. 3516 (ch. 62, see. 52)... =| L.1915, chs ¥5(sec. 52)... 2. IL 0, 15 541, ices 1s. L. 1903, ch. 60 (sec, 53)....-- See. 3517 (ch. 62, sec, 53)... .| L. 1915, eh. 15(see.53)..)....- I 174, b, ¢. L. 1903, ch. 60 (sec. 54). ....- Sec, 3518 (ch. 62, sec, 54)..... -| I. 1915, ch. 15 (sec. 54). ...-- ES 20", 19, 2042, oi, 22, 23. L. 1909, ch. 60 (sec. 55)......| See. 3519 (ch. 62, sec. 54-2)... -| L. 1915, ch. 15 (see. 54-a). .-- L. 1903, ch. 60 (sec. —)......| Sec. —— (ch. 62, sec. 54-b)...... | L. 1915, ch. 15 (Sec. 54-b)...- tilt in b. | STATE FORESTRY LAWS LEAFLETS ALREADY PUBLISHED.! 1. Wisconsin. | 7. Virginia. 13, Indiana. 19. Massachusetts. 2. Louisiana. 8. Idaho. 14. Minnesota. 20. New Hampshire. 3. North Carolina. 9. Oregon. 15. Montana. 21. Colorado. 4. Maryland. 10. Wyoming. 16. Tlinois. 5. Missouri. 11. New Jersey.* 17. Ohio. 6. Texas. | 12. Washington. 18. Connecticut. 1 The laws of other States, so far as they have been compiled, are available for loan through the Forest Serviee Library, Washington, D.C. * Indicates that the supply is exhausted. WASHINOTON : GOVERNMENT PRINTING OFFICD ; 1917 Misc. S.— 27, Date of issue, Oct. 5, 1918. Forestry Laws Leaflet No. 23. United States Department of Agriculture Y FOREST SERVICE y Henry S. Graves, Forester STATE FORESTRY LAWS ' A parallel classification by States, showing the comparative progress of each in forestry legislation NEW YORK (Serial 1—Through Reg. Sess., 1918 *) Compiled by Jeannie S. Peyton, under the direction of Louis 8. Murphy, Forest Examiner, in the Office of State Cooperation CONTENTS. Page. Page. BEER POSAOLCOMPUAGON, -- 32k cnc ene ew eines mds-eenoee en smegs 1 | Part II.—Fire protection—Continued. LEY LSS AG D1 oT 1) oe 2 Steam operated engines, machines, and power plants other Conservation commissioner... .......2.-....2.--2.22ss2s000-0- 2 than railroad locomotives..............-...--.-..-+---+ 15 RIG wy COMTIMISSIOUAN sc fos ew een cle ota ie nie cn ceats ono selec 3 Compulsory brush and slash disposal.......-.....-- us 15 MSTEEINN 725 sconce sao SaSROe GES BOE SADA ROE SC OCrCCICCRSnEOE 3 neident to lumbering, public works, and farming ....... 15 Mivision Grands and forests:...--- 02-22 IL.) see.51, subsee: 75 9% *;" IL. 1916s ich: 451, sec. 1.] (See also I, 10). Arrest violators, without warrant, and bring them before a magistrate, and exercise other necessary police powers. (See I, 16, 2.) Consent to compromises of civil Liability, upon order of commission. (See II, 53b, a 92.) Perform such other duties as the commission may require. | (See I, 10.) General Cross-References. Appointment.’ (See I, 9 42, {3.) Expenses. (See I, 26.) Liability for failure to perform duties: II, 54,55.) Czil. (See Il, 57.) AUDITOR OF FIRE ACCOUNTS. (See Criminal. (See 18. Salary. An auditor of fire accounts [is hereby authorized], who shall receive a salary of one thousand eight hundred dollars per annum. [C. L., sec. 51, subsec. 9; * * *; L. 1916, ch. 451, sec. 1.] 19. Bond. He shall execute and file with the comptroller a bond | to the people of the state in the sum of five thousand dol- lars for the faithful performance of his duties and that he | 1 No specific provision is made as to their compensation. | incur other necessary expenses. STATE FORESTRY LAWS—-NEW YORK. will account for and pay over pursuant to law all moneys received by him. [C. L., sec. 51, subsec. 9; * * *; L. 1916, ch. 451, sec. 1.] 20. Duties. He shall audit fire bills and accounts of the forestry bureau, and perform such other duties as may be required. [Cs Ji, ‘sec. /51;//subsec: 95% * *>) Le) 1916) ichameaie sec. 1.] (See also I, 10.) General Cross-References. Appointment. (See I, 9 42, {3.) Expenses. (See I, 26.) Liability for failure to perform duties: II, 54,55.) Ciwl. (See II, 57.) GAME PROTECTORS.! Forest Fire Powers and Duties.” Extinguish fires. (See Il, 9b.) Employ fire-fighting laborers, foremen, and teams, and (See IT, 9b.) (See II, 9b.) Are reimbursed for expenses. (See I, 5, 26; II, 9b.) Approve compromises of civil liability upon order of the commission. (See IT, 536, a §2.) Perform such other duties as the commission may require. (See I, 10.) Liability for failure to perform duties: IT, 54,55.) Civil. (See II, 57.) FIRE-FIGHT!NG LABORERS AND FOREMEN. General Provisions Concerning: a. Fire-fighting laborers: Are employed by district forest rangers and certain other officials to extinguish fires. (See II, 9b.) Are paid at the rate of twenty cents per hour, (See Il, 9b.) b. Foremen: Are employed by district forest rangers and certain other officials to extinguish fires. (See II, 96.) Criminal, (See Impress assistance. Criminal. (See Are paid at the rate of thirty cents per hour. (See II, 9b.) c. Liability for failure to perform duties: Criminal. (See II, 54, 55.) Civil. (See II, 57.) TOWN ORGANIZED PROTECTION. TOWN SUPERINTENDENT OF FIRES. 21. In Towns Other Than Fire Towns. Supervisor of town serves as superintendent of fires: _ a, Under the Town Law.*—{l. In towns other than those mentioned in section ninety-seven of the conserva- tion law,* the supervisor shall, by virtue of his office, be | superintendent of fires of his town and * * *. 1 Special game protectors have the same powers and duties as game protectors. (See, in volume of Session Laws of 1913, C. L., see. 171, as amended by ch. 508 of L. 1913.) 2 For provisions concerning game protectors’ powers and duties under the fish and game department, and also their appointment, salary, ex- penses, and the like, see Article V of the conservation law. 3 The Town Law (ch. 63, Laws 1909, and its equivalent, ch. 62 of the Consolidated Laws, both as amended through 1917) is indicated in this compilation by the abbreviation “Town L.” 4 The list of towns referred to is now contained in sec. 62, subsec. 10 of the conservation law. (See Table of Acts, on p. 39.) — | STATE FORESTRY LAWS—NEW YORK. PART II—Continued.] 2. Member of town board to be designated to act as substitute, when necessary.—The town board of each | town shall at its first annual meeting designate one of its members to act as such superintendent of fires for the ensuing year in case of absence of the supervisor. [Town Wemisechsos,supsec: 6: * 2° *: IL. 1912, ch: 37, sec. 2.] b. Under the Conservation Law.—In the towns other than the fire towns the town supervisor shall be super- intendent of fires in his town and * * *. [C. L., sec. Se wsubsec. os ~ *; JL; 1916, ch. 451, secs 1.) 22. Prevents and Extinguishes Fires. a, Under the town law.—[The superintendent of fires shall be] charged with the duty of preventing and ex- | tinguishing forest fires. Pee ee LOT? ch. 3745 sec. [Town L., sec. 98, subsec. 8; 2.] b. Under the conservation law.—* * * he[thesuper- intendent of fires] shall he charged with the duty of pre- | venting and extinguishing forest fires. [C. L., sec. 52, subsec.3; * * * ;L. 1916, ch. 451, sec. 1.] 23. Employs Assistants. a. Is empowered to employ forest rangers and other assistants.—He [the superintendent of fires] shall have power to employ persons to act as forest rangers in pre- | venting and fighting firesand to employ necessary assist- ants therefor, and * * * [Town L., sec. 98, subsec. 8; Pee Oe. chests sec: 2. b. Is required to appoint fire wardens, and to report names of appointees to commission.—He [the superin- tendent of fires] shall have the power and is hereby re- quired to appoint necessary and competent fire wardens. On or before February fifteenth of each year, the town supervisor [the superintendent of fires] shall state to the commission, in writing, the names of the pe:sons whom he appoints to act as fire wardens during the current calendar year. [C. L., sec. 52, subsec.3; * * * ;L. 1916, ch. 451, sec. 2.] 24. Has Certain Powers and Authority Similar to those Conferred Upon the Commission and Certain of its Subordinates. 41. [The superintendent of fires] shall possess all the power and authority conferred upon the conservation commission, district forest ranger, forest ranger and fire warden under sections ninety-two and ninety-three! of the conservation law. [Town L., sec. 98, subsec. 8; 30 L. 1912, ch. 371, sec. 2.] Nore.—The portions of said sections 92 and 93! which concern the powers and authority referred to, read as * * follows: S925 © ot F 2. * * * The district forest ranger, the forest ranger, game protector, or any other officer charged with the duty of fighting | fires, may, when necessary, employ men and teams to fight forest fires and foremen, to be known as fire wardens, to direct the work of men who are actually engaged in fighting forest fires, and may incur any other necessary expenses, and may summon any male person of the age ofeighteen years and upwards to assist in fighting orest fires. * * * 3. An action for trespass shall not lie against persons crossing or working upon lands of another to prevent or fight fires, or per- forming any other duties required by this chapter. 1 These two sections (92 and 93) constituted a part of the conservation _ law of 1912,since materially amended and revised. lat 4. § 93. Where owners of woodlands, or any organization, shall maintain a fire patrol for protection of woodlands the commission may se such patrolman as special fire warden and give 40 him, for the protection of lands patroled by himor adjacent thereto, all the rights and powers of forest rangers as herein provided; and such special fire warden shall be paid wholly by such owners or organizations [L. 1912, ch. 444, secs, 92 and 93.1] ‘2. Penalty for persons refusing to assist when sum- moned to fight forest fires.—Any person summoned to fight forest fires who is physically able and refuses to assist shall be liable to a penalty of twenty dollars. [Town L., sec. 98, subsec. 83 * * * 51.1916, ch. 371, sec. 2.) General Cross-References. Inability for failure to perform duties under Article IVa of theC.L.; Criminal. (See II, 54,55.) Civil. (See II, 57.) TOWN BOARDS. Powers and Duties. In fire towns: Provide the means for reimbursing the State for one-half of expenses incurred, by the State protective organi- zation, in extinguishing fires which actually burned within their respective towns. (See IT, 27.) In all other towns: Designate a member of the board to act as superintendent of fires, in absence of their respective town super- visors. (See II, 2la 2.) Fix compensation of forest rangers, fire wardens, and other assistants authorized to be appointed by the town superintendent of fires. (See II, 25.) Provide necessary means for maintaining the town fire protective system. (See IL, 28 §2.) FOREST RANGERS AND ASSISTANTS.! 25. Compensation. The town board shall fix the compensation of all forest rangers and assistants employed under the provisions of this section and * * * [Town L., sec. 98, subsec. 8; * * * - 1, 1912, ch. 371, sec. 2.] General Cross-References. Are employed by superintendents of fires. Prevent and fight forest fires. (See IT, 23a.) (See IT, 23a.) : FIRE WARDENS.? General Cross-References. Are appointed by town superintendents of Jires.2 (See II, 23:) Rate of compensation is fixed by the town board.* (See ll, 25.) Duties: None are specifically prescribed by law. (See II, 23.) a See Table of Acts, on p. 38. 1 See also “Forest Rangers,’’ under ‘‘State Organized Protection,” on p. 9, and in the appendix, p. 37. 2See also “Fire Wardens,” under “State Organized Protection,” p. 9. 3In a State organized fire district, if a town superintendent of fires fails to perform his duty, the commission may appoint the necessary fire wardens. (See II, 2.) 4 There is no specific provision for the compensation of fire wardens outside of State organized towns further than the general authority concerning compensation of forest rangers and necessary assistants. | (See I, 25.) 12 PART II—Continued.] DISTRIBUTION OF COSTS OF FIRE PROTECTION. STATE. 26. In Fire Towns. 1. Makes initial payment of all fire protection expenses, of which the following constitute the state’s share, namely, the salaries and ordinary personal expenses of the regular employees of the commission, and one-half of the expenses incurred in extinguishing fires actually burning.—All salaries and other expenses incurred by the commission and its employees in protecting the forests in the fire towns from fire shall be paid by the state. [C. L., 53, subsec. 2; * * *; L. 1916, ch. 451, sec. 1.] (See also {3 of this section. ) (2. Comptroller advances funds, in installments of $5,000 each, to facilitate payment of expenses.—The comptroller may wpon request of the conservation com- mission advance, not to exceed five thousand dollars at any time, to said commission for the purpose of facilita*ing payment of fire accounts. [C. L., sec. 53, * * *: TL. 1916, ch. 451, sec. 1.] 3. Reimburses persons’ for fire-fighting expenditures.— If any person! incurs expenses fighting forest fires in a fire town, the commission may upon the receipt of satisfactory proof and accounts filed in its offices within sixty days from the time the expense was incurred audit and pay all or such portion thereof as in its judgment the public interest requires. [C. L., sec. 53, subsec. 4; * + *. 7, 1916) ch. 451! sec. 1.1] In Certain Other Towns, Namely, State Organized Fire Districts. Pays fire protection costs other than those specifically imposed upon town organizations. (See II, 2.) sec. subsec. 7; those Comprising ; TOWNS. 27. Fire Towns. : Reimburse state for one-half of expenses incurred in extinguishing fires actually burning.—One-half of all expense incurred under subdivision two of this section in extinguishing fires actually burning, except salaries and expenses of regular employees, shall be a charge upon tne town in which the fire burned. Expense account submitted by commission to boards of county supervisors.—The commission shall, on or before Novem- ber twentieth of each year, transmit to the clerk of the board of supervisors of each county containing fire towns a summary statement of expenses incurred together with the amount charged against each town in such county. Reimbursement funds raised through additional tax on the towns.—The said clerk shall immediately deliver such statement to the board of supervisors wno shall thereupon levy the said amoun} due from each town to the state upon the taxable property of such town by including the said amount in the sums to be raised and collected in the next levy and assessment of taxes therein, and 1 The term ‘person,’ as used in Article IV of the conservation law, includes a copartnership, joint-stock company, or a corporation, (See Appendix, p. 35.) a See Table of Acts, on p. 38. | STATE FORESTRY LLAWS—NEW YORK. the same shall be collected as other town taxes are col- lected [Limitation of time for making reimbursements.—] and the amount due the state shall be paid by the supervisor to the conservation commission on or before May first following the levy thereof. [C. L., sec. 53, subsec. 3; -* * *: 1. 1916, ch. 451, sec. 1.] 28. All Other Towns, Including those Within the State Organized Fire Districts. 1. Pay all expenses authorized to be incurred, under Town Law, in preventing and extinguishing forest fires.— * + * all expenses incurred under the provisions of this section! shall be a charge upon and paid by the town. [Town L., sec. 98, subsec. 8; * * *; L. 1912) ch. 371, sec. 2.] 2. Raise funds for such purposes through an additional tax, or temporary loans by supervisors.—Towns other than fire towns may raise necessary funds for prevention and extinguishment of forest fires in their towns either by levy or by the supervisor making temporary loans. [C. L., sec. 53, subsec.6; * * *; L. 1916, ch. 451, sec. 1.] CONTINUING APPROPRIATIONS AND FUNDS. 29. Fund for Emergency Fire Protection Purposes Secured Through Temporary Loan. {l. Preamble.—In order to carry into effect the pro- visions of this article? the following® is prescribed. [C L., sec. 53, preamble; * * *; 1. 1916, ch. 451, sec. 1-] 2. Comptroller makes loan with governor’s approval.— The state comptroller shall have, subject to the approval of the governor, the authority to make, on behalf of the state, a temporary loan not exceeding one hundred thousand dollars in any fiscal year, for the use of the conservation commission in protecting the forests and extinguishing fires as provided by this article [Com- mission certifies existence of emergency.—] upon the certification of the conservation commission that an emergency exists whereby through insufficiency of appropriations it is found to be impossible to protect the forests from fire. Legislature makes appropriation to cover loan, reported by comptroller.—The comptroller shall thereupon borrow such sums as may be directed by the governor for such purposes and shall report such transactions to the legislature which shall thereupon appropriate the moneys borrowed. Section thirty-five of the finance law shall not apply to any indebtedness s0 incurred. [C! Iu, sec. 53, subsec: 1) 4) > tne 1916, ch. 451, sec. 1.] 30. Disposition of Net Proceeds from Moneys in Actions for Penalties under Article IV.” Moneys received in actions for penalties brought under article four of this chapter shall be paid to the com- mission, who shall apply so much thereof as may be neces- sary to the payment of the expenses of collections. The 1Sec. 98 of Town Law. (See Table of Acts, on p. 38.) 2 Article IV of C. L. (See Table of Acts, on p. 38.) 2 For these provisions, in full, see see, 53 of the C, L., in Table of Acts, | on p. 38. a STATE FORESTRY LAWS—NEW YORK. 13 PART Il—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. {1. No person ! shall set or cause to be set fire for pur- pose of clearing land or burning logs, brush, stumps, or dry grass, in any of the fire towns, without first having obtained from the commission a written permit so to do. | Presence of person issuing permit required when forest land is endangered.—If such burning is done near forest lands and if there is danger of the fire spreading, a person designated to issue such permits must be present. sec. 54, subsec. 5; * * *; L. 1916, ch. 461, sec. 1.] 2. Commission designates persons to issue permits. — [The commission] May designate persons who shall have authority to issue permits as required by subdivision five, section fifty-four.2 [C. L., sec. 50. subsec. 26; * * * L. 1916, ch. 451, sec. 1.] Liability for failure to comply with requirement: Criminal. (See II, 54, 55.) Ciml: Penalty. (See II, 57.) 59, 60,61.) Costs of fire fighting. Damages. (See II, (See II, 62.) PROHIBITIVE RESTRICTIONS. 32. Various Acts Prohibited On or Near Forest Land. a. Setting forest land on fire— * * * no person! shall set forest land on fire; * * * See, also, Penal L., sec. 1421; and, also, sec. 1900, subsec. 1. (Appendix, p. 36.) b. Setting fires for camping purposes without removing surrounding inflammable material— * * * no fire shall be set in or near forest land in connection with camping without all inflammable material having first been removed for a distance of three feet around the fire; * * * c. Leaving fires unquenched.—No fires shall be set on or near forest land and left unquenched; * * * d. Using combustible gun wads or carrying naked torches * * * no person shall use combustible gun wads or carry naked torches on forest lands; * * * e. Throwing down lighted matches, cigars, etce.— * * * no person shall drop, throw, or otherwise scatter lighted matches, burning cigars, cigarettes or tobacco; tek) ok f. JL. Setting fires that will endanger, or negligently al- lowing fires to extend to, neighboring property _* * * no fire shall be set which will endanger the property of another; * * * 1 The term “person,” as used in Article IV of the conservation law, includes a copartnership, joint-stock company, ora corporation. (See Appendix, p. 35.) 2See {1 of this section, Cs thee | (2. * * * no person! shall negligently suffer fire on his own property to extend to property ofanother; * * *. See also Penal L., scc. 1900, subsecs. 2 and 8. (Appen- dix, p. 36.) gq. Defacing or destroying posted forest fire notices.— * * * no person shall deface or destroy any notice posted containing forest fire warnings, laws, or rules and regulations. [C. L., sec. 54, subsec. 3; * * *; L. 1916, ch. 451, sec. 1.] General Cross-References to this Section. Criminal liability: For violation of subsecs. a, b, c, d, e, fl: Fire set wilfully (felony). (See II, 56.) Fire caused accidentally or negligently (misde- meanor). (See IT, 54, 55.) For violation of subsecs. f§2, g (misdemeanor). (See IT, 54, 55.) See, also, Appendix, p. 36., Civil ability: For violation of above subsecs.: Penalty. (See 11,57.) Damages. (See IT, 59, 60, 61.) Costs of fire fighting. (See II, 62.) 33. Close Season for Hunting, Camping, Ete., within Fire Towns, may be Proclaimed During Time of Drought. ‘\l. Preamble.—The following provision shall apply in protecting forests from fire. [C. L., sec. 54, preamble; * * *: 7. 1916, ch. 451, sec. 1.] 2. Proclamation by governor.._Whenever, by reason of drought, the forests of the state are in danger of fires which may be caused by hunters, fishermen, trappers, or campers, the governor shall have the power to deter- mine and shall determine and declare that such pursuits are contrary to the public interest, and shall have the further authority to forbid by proclamation any person or persons carrying on such pursuits in so much of the territory included within the fire towns as he deems the public interest requires. Such proclamations shall be in full force and effect at the expiration of twenty-four hours after notice is given in the manner the governor may determine. [C. L., sec. 54, subsec. 1; * * *; L 1916, ch. 451, sec. 1.] 34. Sending up Unpiloted Hot Air Balloons Prohibited in, or Adjacent to, Fire Towns. No unpiloted hot air balloon shall be sent up in any fire town or in a town adjacent thereto. [C. L., sec. 54, subsec. 4; * * *; ZL. 1916,:ch. 451, sec. 1.] Liability for violation of requirement: Criminal, (See IT, 54, 55.) Civil: Penalty. (See II, 57.) Damages. (See II, 59, 61.) Costs of fire fighting. (See II, 62.) General Cross-Reference Under Kindling Fires in the Open. In connection with brush and slash disposal in fire towns. (See II, 45, 46, 47.) secs. 1421, and 1900. 1 The term “person,” as used in Article TV of the conservation law, includes a copartnership, joint-stock company, or a corporation. (See Appendix, p. 35.) 14 STATE FORESTRY LAWS—-NEW YORK. PART Ii—Continued.} RAILROADS. 35. Terms ‘‘Railroad” and ‘Railroad Company” De- fined. Railroad or railroad company includes all common carriers, logging or lumbering roads for public or private uses wherever the motive power is generated by steam. [(G: Ti, sec? 62) isubsecs 13; 1% pF 0%) LL. HONG; eh. oil, sec. 1.] PRECAUTIONARY REQUIREMENTS THROUGH FOREST LANDS. 36. Equip Locomotives with Approved Fire Protective De- vices of Ash Pan and Front Ends—Maintain and Properly Use Devices. "1. Preamble.—In order to secure proper protection to the forests from fire the railroads which operate through such territory shall be subject to the following restrictions.! [C. L., sec. 55, preamble; * * *; L.1916, ch. 451, sec. i] 42. No locomotive shall be operated unless equipped with fire protective devices of ash pan and front end which have been approved by the commission. Such devices shall be maintained and properly used. [C. L., sec. 55, subsec. 3; * * *; LL. 1916, ch. 451, sec. 1.] Special penalty (civil) for violation of these requirements. (See II, 58 1, 46.) Employees required to use fire protective devices effectively. (See II, 43.) 37. Make Daily Inspection and Record of Condition of Devices During Danger Season. {1. Every railroad company shall examine each coal burning locomotive each day it is operated between March first and December first, and record the condition of the fire protectve devices in a book, or books, kept for that purpose. Make record accessible to inspection by com- mission.—Such book, or books, shall be kept on file at such place or places in this state, as may be selected by each railroad company, and shall at all times at such places be accessible to inspectors of the conservation commission. Each railroad company shall within thirty days after the taking effect of this act file with the conservation com- mission a statement of the place or places at which it keeps such books; and in the event of a change of such place or places by said company, it shall file a statement of such change within five days after such change takes effect. [G. L:, sec. 55, subsec. 550% * *; 9L: 1917, ch. 266, sec. 4.] Special penalty (civil) for violation of these requirements. (See II, 58 1, 7.) "2. Are liable to notice from commission to remove from service locomotives not properly equipped with fire pro- tective devices, operating in fire towns.— [The commission] May order removed from service, on forty-eight hours’ notice, any railroad locomotive, operating in the fire towns, not properly equipped with fire protective devices. 1 For these restrictions, in full, see sec. 55 of the C. L.,in Table of Acts, on p. 38. [C..L., sec. 50, subsec. 22; * * *; sec. 1.] L. 1916, ch. 451, 88. Leave no Unprotected Deposits of Fire, Live Coals, or Hot Ashes on Track or Right of Way, to Endanger Forest Lands. 41. Fire, live coals or hot ashes shall not*be deposited unless properly protected upon any track or right of way on or near forest land. [C. L., sec. 55, subsec.6; * * *; L. 1916, ch. 451, sec. 1.] 2. The term ‘‘right of way,’’ defined.—Right of way is the land adjacent to the tracks of a railroad and shall be construed to be fifty feet in width on each side of the center of the track but if the company own a lesser width it shall include the entire width owned by them. [C. L., sec. 62 subsec. 11; * * *; LL. 1916, ch. 451, sec. 1.] Special penalty (civil) for violation of requirement. (See II, 58 Jl, 98.) 39. Clear Rights of Way, when Required by Commission. The right of way of all railroads which are operated through forest lands shall be kept cleared of all inflammable material whenever required by the commission. [C. L., sec. 55, subsec: 2; * * *; TL. 1916, ch. 451,sec) 13] Discretionary power, as to requirement, vested in the com- mission. (See II, 40 {2.) Special penalty (civil) for violation of requirement. (See II, 58 1, 5.) 40. Maintain Patrol Along Rights of Way, During Danger Season, Unless Relieved by Commission. {1. All railroads shall, on such parts of their rights of way as are operated through forest lands, maintain from April first to November fifteenth of each year a sufficient number of competent fire patrolmen unless relieved by the commission. File list of patrolmen in offlce of com- mission.—The railroad shall file in the office of the com- mission on or before April first of each year a complete list of such patrol indicating the names of the men, their post- office addresses and portion of right of way assigned each patrolman. Ii any changes are subsequently made similar data shall be furnished on request of the commission. [C:. Ls; ‘see.. 55; tsabsec. 1; * * =) IL 1O1eiichaeaoue sec: 1. Special penalty (civil) for violation of these requirements. (See II, 58 {j1, 5.) 2. Discretionary power, as to requiring patrol and clear- ing rights of way, vested in commission.—_{The commis- sion] May relieve railroads from maintaining railroad fire patrol, or clearing rights of way when in the judgment of the commission the absence of such patrol or clearing will not subject the forests to fire menace. [C. L., sec. 50, sub- sec. 24; * * *; L. 1916, ch. 451, sec. 1.] 3. Duties of fire patrolmen defined.—A fire patrolman shall be an able bodied man whose duty is to patrol a given portion of right of way for the purpose of detecting prompt- ly any fires which may be caused by the operation of the railroad, or other fires which may occur upon such portion of the right of way, and secure their extinguishment. [G. L., sec. 62, subsec. 12; * * *; i. 1916) ch 45t, sec, 1.] STATE FORESTRY LAWS—NEW , PART Il—Continued .\ 41. Subject to Investigation, by Public Service Commis- sion, as to Adequacy of Precautions Taken. [The commission] May request the public service com mission to hear and determine whether any railroad, per- son,! or company operating railroad locomotives through forest land is using such devices and precautions against the setting of forest fires, as the public interest requires. [@. L., sec., 50, subsec. 25; * * *; LL. 1916, ch. 451, sec. 1.] 42. Report to Commission Upon Forest Fires Along Rights of Way, Within Fire Towns or Protected Forest Lands. A verified report of every forest fire which originates on the right of way or within two hundred feet thereof, in any of the fire towns or protected forest lands, shall be prepared by the railroad concerned, upon blanks furnished by the commission, and filed in the office of the commission within ten days after such fire occurs. [C. L., sec. 55, subsec. 4; rer ye L916) ch. 45sec. 1%] EMPLOYEES. 43. Required to Use Fire Protective Devices Effectively. Employees of a railroad shall at all times use in a proper and effective manner the fire protective appliances pro- vided by such railroad. [C. L.,see.55,subsec.7; * * *; L. 1916, ch, 451, sec. 1.] (See also IT, 36.) Duties of Fire Patrolmen. (See II, 40 §3.) LIABILITY. General Cross-References. Criminal: Misdemeanor. II, 56.) Civil: General penalty. (See II, 57.) Damages. II, 59, 60, 61.) Costs of fire-fighting. (See II, 62.) Norr.—For references to additional penalties for violation of certain specific provisions, see II, 58 ‘1, 14, 15, 16, 17, 18. STEAM OPERATED ENGINES, MACHINES, AND POWER PLANTS, OTHER THAN RAILROAD LOCOMOTIVES. 44. Prevent the Escape of Sparks, Cinders and Coals, On or Near Forest Lands, Under Direction of Commis- sion. No device for generating power which burns wood, coke, lignite or coal shall be operated in, through or near forest land, unless the escape of sparks, cinders or coals shall be prevented in such manner as may be required by the commission. [C. L., sec. 54, subsec.6; * * * ; L. 1916, ch. 451, sec. 1.] Liability for failure to comply with requirement: Criminal. (See II, 54, 55.) Civil: General penalty. (See IF, 57.) (See II, 58 §1, §8.) Damages. (See II, 59, Costs of fire-fighting. (See II, 62.) 1 The term ‘‘person,”’ as used in Article IV of the conservation law, neludes a copartnership, joint-stock company, or a corporation. (See - Appendix, p. 35.) (See II, 54, 55.) Felony. (See (See 60, 61.) Special penalty. | YORK. 15 COMPULSORY BRUSH AND SLASH DISPOSAL. (In fire towns.) INCIDENT TO LUMBERING, PUBLIC WORKS, AND FARMING. 45. Evergreen Trees must be Top-Lopped at Time of Felling—Exceptions. 1. Every person! who shall within any of the fire towns fell or cause to be felled or permit to be felled any evergreen tree for sale or other purposes shall cut off or cause to be cut off from the said tree at the time of felling the said tree, unless otherwise authorized by the commis- sion before the trees are felled, all the limbs thereof up to a point where the trunk of the said tree has a longest diame- ter which does not exceed three inches, unless the said tree be felled for sale and use with the limbs thereon or for use with the limbs thereon. [C. L., sec. 54, subsec. 2; eo Fe LOG che dol. secs )L | 2. Extension of time may be granted by commission.— (The commission] May grant an extension of time in which owners may comply with subdivision two of section fifty- four ? when the commission is satisfied that such an ex- tension of time will not endanger the forests to fire, but in no case shall an extension be granted for a period of more than six weeks from the time of cutting. [C. L., see. 50, subsec. 23; * * * ; L. 1916, ch. 451, sec. 1.] 46. Logs and other Inflammable Slashings must not be Left within Certain Designated Distances of Rights of Way of Railroads and Public Highways. In any of the fire towns, brush, logs, slash or other in- flammable material resulting from the cutting of trees hereafter shall not be left or allowed to remain on Jand within twenty-five feet of the right of way of a railroad or within twenty feet of the right of way of a public highway. [C. L., sec. 54, subsec.7; * * * ; L. 1917, ch. 266, sec. 3.] 47. Brush or Other Inflammable Material must not be Left Upon Rights of Way of Highways. No person ' shall deposit, and leave in any of the fire towns, brush or inflammable material upon the right of way of highways. [C. L., sec. 54,subsec.8; * * * ; L. 1916, ch. 451, sec. 1.] General Cross-References. Permit required if slash 1s disposed of by burning. (See Il, 31.) Liability for failure to comply with requirements: Criminal. (See II, 54, 55.) Civil: General penalty.. (See I1, 57.) Damages. (See II, 59, 60, 61.) Costs of fire-fighting. (See IT, 62.) Nore.—For references to additional penalties for violation of certain specific provisions, see II 58 {{1, 72, 4. LEGAL PROCEDURE. INSTITUTION OF PROCEEDINGS. 48. Power of Commission to Institute and Conduct Pro- ceedings under Article IV “ of the Conservation Law. [The commission is empowered to bring] Such actions or proceedings as may be necessary to insure the enforce- 1 The term “ person,’ includes a copartnership, joint-stock company or a corporation, Appendix, p. 35.) 2 See 41 of this section. a See Table of Acts, on p, 38, as used in Article IV of the conservation law, (See 16 STATE FORESTRY LAWS—NEW YORK. PART II—Continued.} ment of the provisions of this article. subsec. 11 (b); * * * ; L. 1916, ch. 451, sec. 1.] 49. Deputy Attorney General Acts for Commission in Legal Proceedings. It shall be the duty of the attorney general, when re- quested by the commission, to appoint a deputy attorney- general, and such assistants as may be necessary, and as- sign them to the commission. The deputy attorney- general shall receive an annual salary of five thousand dollars. The salaries of the assistants shall be fixed by the commission. It shall be the duty of such deputy, in the name of the attorney-general, to conduct all prose- cutions for penalties imposed by the forest, fish and game law or by this chapter, and to bring all actions, suits and proceedings, which the commission shall be authorized to institute and “maintain, and to defend all actions, suits and proceedings brought against the commission. Such deputy shall also act as counsel to the commission. [Cs sec) Os ee eT OUD iehersile seen 50. Actions for Penalties Are Brought in the Name of the ‘‘People of the State of New York.’’ jl. Actions for penalties for violations of any provision of this chapter shall be in the name of the ‘‘People of the State of New York;” [Brought on order of the com- mission.—] and must be brought on the order of the commission, and may be compromised, settled and dis- continued as provided in section nine! of this chapter. Such actions, if in justi es’ courts, may be brought in any town of the county in which the penalty is incurred, or, if the defendant resides in another county, in any town of the county in which the defendant resides. [C. L., sec. 26; L. 1912, ch. 444, sec. 4.] 2. Jurisdiction of courts in criminal cases.—Subject to the power of removal provided in the code of crim- inal procedure, courts of special sessions and police courts shall have, in the first instance, jurisdiction of offenses committed under this chapter, within their respective counties. A warrant shall be returnable before the mag- istrate issuiny.the same. And, for the purpose of this chapter only, the jurisdiction of the courts mentioned in this section is extended as to misdemeanors to permit the imposition of the fines and sentences authorized by this chapter. [C. L., sec. 31; L. 1912, ch. 444, sec. 4.] METHOD OF PROCEDURE. 51. Immunity of Witnesses. No person shall be excused from testifying or produc- ing any books, papers or other documents in any civil or criminal action, or proceeding taken or had under this | chapter, upon the ground that his testimony might tend to convict him of a crime, or to subject him to a penalty or forfeiture. But no person shall be prosecuted, pun- ished or subjected to any penalty or forfeiture for or on account of any act, transaction, matter or thing concern- 1 The commission has no authority to compromise, settle, or discon- tinue under sec. 9, mentioned above, which has to do solely with ques- tions of land titles and the authority of the court thereunder, but is otherwise granted compromise powers as to civil judgments acting under ArticleIV. (See II, 53.) IC: i. sees 50s" \ ing which he shall, under oath, have testified or pro-. duced documentary evidence, and no testimony so given or produced shall be received against him upon any crim- inal investigation or proceeding; provided, however, that no person so testifying shall be exempt from prose- cution or punishment for any perjury committed by him in his testimony. Nothing herein contained is intended to give, or shall be construed as in any manner giving, unto any corporation, immunity of any kind. [C. L., sec. 35; L. 1912, ch. 444, sec. 4.] 52. Full Costs May Be Recovered in Actions for Pen- alties. 1. In case of recovery of any amount in an action brought for a penalty under this chapter or in any action authorized by this chapter, in any court of record, the people shall be entitled to recover full costs, of course, and at the rates as provided by section thirty-two hun- dred and fifty-one of the code of civil procedure, together with witnesses’ fees and other disbursements. [C. L., sec. 27; * * *; 1.1915, ch. 554, sec. 1.] 2. Enforcement of judgment.—Judgments recovered under this chapter may be enforced by execution against the person as provided by the code of civil procedure. A person taken into custody upon such an execution shall not be admitted to the liberties of the jail and shall be confined for not less than one day, and at the rate of one day for each dollar of the amount of the judgment recovered. No person shall be imprisoned more than once, or for more than six months on the same judgment. Imprisonment shall not operate to satisfy a judgment. [C. L., sec. 28; L. 1912, ch. 444, sec. 4.] (See also II, 57 4/2.) 53. Compromise in Cases of Civil Liability. a. Authority to compromise such cases.—{l. By the commission.—_[The commission] May compromise or adjust any judgment or claims arising out of violations of any provisions of this article,' [Cases involving titles to lands excepted.—] except where title to land is in- volved. [C. L., sec. 50,subsec. 12; * * *; 1.1916, ch. 451, sec. 1.] 2. By employees, when specifically au- thorized.—No employees shall compromise or settle any violation of this article without the order of the commis- sion. [C. L., sec. 51, subsec. 16; * * *; LL. 1916, ch. 451, sec. 1.] b. Procedure in such cases.—A person who has vio- lated any of the provisions of this chapter and who de- sires to compromise and settle his civil liability therefor may appear with any regular or special game protector, fisheries protector, fire superintendent, forest ranger or inspector, before a court or justice having jurisdiction in civil actions, and thereupon such person may, upon the consent of the representative of the conservation commission appearing, compromise and settle his lia- bility for civil penalties under this chapter, for an amount agreed upon between said court or justice, the representative of the conservation commission and the person who committed such violation, which amount 1 Article IV of the C. L. (See Table of Acts, on p. 38.) —— ee STATE FORESTRY LAWS—NEW YORK. PART II—Continued.] shall be not less than ten dollars nor more than the amount for which such person would be liable in a civil action for penalties. If such compromise be made, such person shall forwith subscribe his name to a statement setting forth concisely the facts constituting such viola- tion, the amount agreed upon, and that a judgment may be entered against him for that sum. Upon said state- ment being sworn to before and filed with said court or justice, he shall forthwith enter in his civil docket a record of the proceedings and the amount of the judg- ment. Said court or justice shall upon the entry of such judg- ment be entitled to a fee of one dollar and fifty cents to be paid by the person who committed such violation. A judgment entered as provided herein may be en- forced by an execution against the property of the de- fendant; but no body execution shall issue thereon. Such judgment shall be a bar to a criminal action for the same violation, if satisfied within thirty days from the date of the entry thereof. [C. L., sec. 36; * * *; L. 1917, ch. 486, sec. 3.] General Cross-References. Court reports, to the commission, disposition of cases, tried or compromised. (See sec. 37, C. L., in vol. of 1917 Laws, ch. 486, sec. 4.) ' Actions pending in 1911 are continued by, or against, the commission. (See I, 2 41, footnote 3.) CRIMINAL LIABILITY. 54. Misdemeanors Under Article IV' of Conservation Law. {1. Preamble.—In order to secure the enforcement of the several sections of this article,' the following fines and penalties? are provided. [C. L., sec. 63, preamble; * * *-T,. 1916, ch. 451, sec. 1.] 2. Defined.—Any person® who violates any provisions of this article! or who fails to perform any duty imposed by any provision thereof shall be guilty of a misdemeanor, mere tO. ln sec: 103, supsec. Us = * *- 1917, ch. 266, sec. 6.] Penalties. (See II, 55.) 55. Penalties for Misdemeanors Under Conservation Law, in General. For first offense.—A person*® convicted of a misde- meanor under this chapter, except as otherwise provided herein,* shall be punished by a fine of not less than ten dollars nor more than one hundred dollars; and if such fine is not paid, he shall be imprisoned in a county jail or penitentiary until such fine is satisfied; which im- prisonment shall be at the rate of one day for every dollar of such fine; [For second offense.—] if any person be con- yicted a second time of a misdemeanor under this chapter, except as otherwise provided herein, he shall be pce 1 See Article IV of conservation law, in Table of Acts, on p. 38. 2 For provisions, in full, concerning these fines and penalties, see sec. 63 of the C. L., in Table of Acts, on p. 38. 3 The term “person,” as used in Article IV of the conservation law, includes a copartnership, joint-stock pomipany, or acorporation. (See Appendix, p. 35. 4See I, 21 93, 14. 51748—18——2 Asi, either by a fine of not less than twenty-five dollars nor more than one hundred and fifty dollars; or by imprison- ment in a county jail or penitentiary for not more than one hundred days, or by both such fine and imprison- ment; if a fine imposed be not paid, he shall be imprisoned in a county jail or penitentiary until such fine is satisfied which imprisonment shall be at the rate of one day for every dollar of such fine; [For third offense.—]ifa person shall be convicted a third time of a misdemeanor under this chapter, unless otherwise provided herein, he shall be punished by imprisonment in a county jail or peni- tentiary for not less than ten days nor more than six months; and by a fine of not less than ten dollars nor more than one hundred dollars; and if the fine imposed be not paid, he shall be imprisoned in a county jail or penitentiary until such fine is satisfied; which imprison- ment shall be at the rate of one day for every dollar of such fine and shall be in addition to the prison sentence. [C. L., sec. 32; * * *; L. 1916, ch. 521 ay 56. Felony, Under the Conservation Law. Setting fire wilfully on or near forest lands.—Any per- son! who sets fire wilfully in violation of section fifty-four, subdivision three,? shall be guilty of afelony. [C.L., sec. 63. subsec. 4; * * *; L. 1916, ch. 451, sec. 1.] See also Appendix p. 36, ‘‘ Excerpts from the Penal Law.”’ 7 5eG. CIVIL LIABILITY. 57. General Penalty for Violation of Provisions Under Article IV*, or Failure to Perform Duties There- under. ; 9 1. [Any person! who violates any provision of Article IV%, or who fails to perform any duty imposed by any provision thereof, shall be guilty of a misdemeanor *] and in addition thereto shall be liable to a penalty of not less than ten nor more than one hundred dollars. [C. L., sec. 63, subsec.1; * * *; L. 1917, ch. 266, sec. 6.] 2. Imprisonment in case of default in respect to pay- ment of penalties imposed under section 63° of the con- servation law.—In default of the payment of any fine ® or penalty imposed under this section,’ the defendant may be committed to jail until such fine or penaltg. is paid, but the term of confinement shall not exceed one day for each dollar of fine imposed. [C. L., sec. 63, subsec. 6; * *€ *: T,. 1916, ch. 451, sec. 1.] (See also II, 52 2.) Civil penalties may be compromised. (See II, 53.) 58. Additional Special Penalties for Failure to Comply with Certain Requirements of Article IV.* (1. Preamble.—The violation of any of the provisions of the ESE sections’ shall wake t the Peay guilty 1 The term ‘‘person,”’ as et in Article IV of ine conservation law includes a copartnership, joint-stock company, or a corporation. (See Appendix, p. 35. 2 Subsec. 3 of sec. 54 of the conservation law. p. 38.) 3 See Article IV of the conservation law, in Table of Acts, on p. 38. 4 See II, 54 92. 6 For section 63 of the conservation law, see Table of Acts, on p. 38. 6 The fines in cases of misdemeanor, which were formerly imposed by this section (sec. 63 of the conservation law), were omitted by the 1917 amendment of subsec. 1, thereof. (See {1 of this section.) 7 Sees. 54, 55 of conservation law. (See Table of Acts, on p. 38.) (See Table of Acts, on 18 PART II—Continued.} thereof to the following penalties in addition to the liabil- ity prescribed in subdivision one! of this section; {2. [Properly top-lopping evergreen trees.—|section fifty-four, subdivision two,? penalty of two dollars per tree; {3. [Equipment of portable engines, operating near forest lands, with proper fire protective devices.—|for failure to comply with the provisions of subdivision six * of section fifty-four, penalty of twenty-five dollars per day; {/4. (a) [Must not leave logs and other inflammable slashings within certain designated distances of rights of way of railroads and public highways.—|for violation of sub- division seven 4 of section fifty-four, penalty of ten dollars per mile per day, and the owner, and every other person engaged in such cutting shall be liable therefor; * * * (b) Limitation as to time when liability begins to run, under (a).—Nevertheless, liability for penalty for viola- tion of subdivision seven* of section fifty-four shall not arise until the expiration of twenty days after notice in writing of failure to comply with the requirements of such subdivision. Service of notice, how made.—Service of such notice may be made personally or by mail to the last known place of residence or locality of such person. {5. Clearing rights of way and maintenance of fire patrol.— * %*& * for violation of the several subdivisions of sec- tion fifty-five ° as follows: subdivisions one ® and two ‘, ten dollars per mile per day; 6. [Equipment of locomotives with fire protective devices.— subdivision three,® one hun- dred dollars per day per locomotive; 7. [Examination of devices on coal-burning locomotives, and keeping records open to commission.—|subdivision five,* penalty of twenty five dollars per day per place and penalty of one hundred dollars for failure to show record of inspector; 8. [Must not leave deposits of live coals, etc., upon tracks and rights of way on or near forest lands.—]for violation of subdivi- sion six,!” one hundred dollars for each offense. [C. L., sec. 63, subdiv, 2; * * *: L. 1917, ch. 266, sec. 6.] Imprisonment is provided in case of default in respect to payment of penalties imposed wnder section 63% of the con- servation law. (See II, 57 {2.) Civil penalties may be compromised. (See II, 53.) 59. Damages when Forest Fires Are Caused Through Negligence. Preamble.—In case of damage by forest fire negligently caused the injured party may maintain actions in accord- ance with such of the following provisions" as are appli- cable thereto and shall have redress therefor. [C. L., sec. 56, preamble; arin Maybe 1916, ch. 451, sec. 1.] 1 See U1, 574 1. 2 See II, 454/1. 3 See II, 44. 4See II, 46. © Sec. 55 of conservation law. 6 See II, 4091. 7 See IT, 39. § See IT, 36. 9 See II, 3791. 10 See IT, 3891. a See Table of Acts, on p. 38. ll For these provisions, in full, see this section and; he two sections which immediately follow (secs. 59,60,61). (See Table of Acts, on p. 38.) | STATE FORESTRY LAWS—-NEW YORK. a, 1. On state lands.—Any person ' who causes a fire which burns on or over state lands shall be liable to the state for treble damages and, in addition, to a penalty of ten dollars for every tree killed by such fire. [C. L., sec. 56, subsec. 1; * * *; L. 1916, ch, 451, sec. 1] 2. Rates of damages same as for private lands.— Damages to state lands and timber shall be ascertained and determined at the same rate of value as if such property were vrivately owned. [C. L., sec. 56, subsec. Be Nkiy Pel ee Teele cheb. Seca uls| b. On municipal or private lands.—Any person ' who causes a fixe which burns on or over lands belonging to another person or to a municipality shall be liable to — the party injured for actual damages in case of fire negli- gently caused or * * *; [C. L., sec. 56, subsec. 2; * * *:7,. 1916, ch. 451, sec. 1.] ec. Liability not affected by distance from origin of fire, or fact of intervening tracts.—The state, a municipality or any person } may sue for and recover under subdivisions one ? or two * of this section, however distant from the place where the fire was set or started and notwithstanding the same may have burned over and across several separ- ate, intervening and distinct tracts, parcels or ownerships of land. [G. L., sec. 56, subsec. 3; * * AaiineolGe ch. 451, sec. 1.] 60. Prima Facie Evidence of Negligence. . By railroad company, when fire originates upon ae of way.—The fact that a fire origmates upon the right of way of a railroad shall he prima facie evidence that the fire was caused by negligence of the railroad company. [C. L., sec. 56, subsec. ails pel Cao T2)1\(5)- ch. 451, sec. 1.] b. By owner or occupant of the land, when fire is set for clearing land, or disposing of brush, logs, ete., within a fire town.—Whenever a fire has been set for the purpose specified in subdivision five of section fifty-four in any of the fire towns it shall be prima facie evidence that the fire was started by the owner or occupant of the land. [C. L., sec. 56, subsec.6; * * *;L. 1916, ch. 451, sec. 1)] 61. Damages when Forest Fires Are Wilfully Caused. On municipal, or private lands.—{Any person! who causes a fire which burns on or over lands belonging to another person or to a municipality shall he liable to the party injured] for damage at the rate of one dollar for each tree killed or destroyed in case of fire wilfully caused. [@uliessec th6usulbsec: 25)0 ass a: 1916, ch. 451, sec. 1.] Liability not affected by distance from origin of fire, or fact of intervening tracts. (See II. 59c.) 5; 62. Costs of Fire-Fighting May Be Recovered, in Addition to Damages and Penalties. Any moneys necessarily expended by the state, a municipality, or any person! in fighting forest fires may be Buca for by the state, municipality or pees expending 1 1 The term person? ” as praca in Article IV of the conservation law, includes a copartnership, joint-stock company, or a corporation. (See Appendix, p. 35.) 2 See subsec. a §]1 of this section. 3 See subsec. b of this section, and IJ, 61. a See Table of Acts, on p. 38. STATE FORESTRY LAWS—NEW YORK. PART U—Continued.] the same and recovered from the person! causing the fire. Such actions may be maintained in addition to other actions for damages or penalties and may be de- manded in the same or separate actions. [C. L., sec. 53, subsec.5; * * *; L. 1916, ch. 451, sec. 1.] 19 DISPOSITION OF MONEYS RECOVERED IN ACTIONS FOR PENALTIES. Under Article IV @ of the Conservation Law. Net proceeds available for forest fire protective work. II, 30.) (See PART UI.—PUBLIC FORESTS. (This part comprises th eprovisions of law, if any, for the establishment and care of state and municipal forests and for the practice of forestry on these and on other lands owned by the state.) STATE FORESTS. PURPOSE OF ESTABLISHMENT. 1. For Use of All the People. All lands within such park,? now owned, or which may hereafter be acquired by the state, shall be forever re- served and maintained for the free use of all the people. [C. L., sec. 62, subsec. 3; * * * ; L. 1916, ch. 451, sec. 1.] Nore.—Included in the above general purpose, the law specifically provides that these lands may be used, under certain conditions, in connection with river improvement and regulation works to the extent necessary, except that not to exceed 3 per cent of the area may be used for construction and maintenance purposes. [C. L., sec. 456-a; L. 1914, ch. 493, sec. 1; and ©. L., sec. 446; L. 1916, ch. 584, sec. 1.] 2. Protective Restrictions. Preamble.—In order to protect the lands described in this article * the following provisions * shall apply. [C. L., sec. 61, preamble; * * *; L. 1916, ch. 451, sec. 1.] a. Certain acts prohibited: 1. Trespass upon timber, in general, or other property.— No person ® shall cut, remove or destroy any trees or timber or other property thereon or enter upon such lands with intent so todo. [C. L., sec. 61, subsec.1; * * *; L. 1916, ch. 451, sec. 1.] 2. Injury to trees planted for reforestation.—No person ° shall injure or cause to be injured any trees planted for the purpose of reforestation. [C. L., sec. 61, subsec. 7; ete faa 1916. ch. 451, sec. i.) 3. Special penalties for cutting trees.—Any person ® who cuts or causes to be cut any tree or trees upon the 1 The term “person,” as used in Article TV of the conservation law, includes a copartnership, joint-stock company or a corporation. (See Appendix, p. 35.) 2 This statement of purpose is applicable to the forest preserve, as a whole, notwithstanding that the above text constitutes a part of the description of the Catskill Park, since a similar declaration of purpose is appended to the description of the Adirondack Park. (See IIT, 3b 42.) 3The term “lands described. in this article’? (Art. IV of C. L.), would seem to lead to the inference that the provisions of this section apply to lands in municipal forests, as well as to those belonging to the State. In most of the provisions, however, the restrictions are spe- cifically placed upon State lands. 4 For these provisions, in full, see Sec. 61 of C. L., in Table of Acts, on D. 38. 6 The term “person,” as used in Article IV of the conservation law, includes a copartnership, joint-stock company, or a corporation. Appendix, p. 35.) (See | forest preserve shall be liable to a penalty of ten dollars per tree or treble damages or both. [C. L., sec. 63, subsec. 5; * * *; L. 1916, ch. 451, sec. 1.] "4. Use of lands for agricultural or grazing purposes.— No person ! shall use any portion of the forest preserve for agricultural purposes, nor shall cattle or domestic animals of any kind be permitted to graze thereon. [C. L., sec. 61, subsec. 3; * * *; L. 1916, ch. 451, sec. 1.] 5. Depositing rubbish or other waste material.—No person ' shall deposit or leave thereon any rubbish or other waste material. [C. L., sec. 61, subsec.4; * * *; L. 1916, ch. 451, sec. 1.] 6. Leasing or transferring of lands or improvements.— No person ! shall lease, transfer or accept any lease or transfer of any lands in the forest preserve or of any improvements thereon. [C. L., sec. 61, subsec. 5; * * *: 7. 1916, ch. 451, sec. 1.] b. Permit required for erection or use of buildings. 1. No buildings shall be erected, used or maintained upon the forest preserve except under permits from the commission. [C. L., sec. 61, subsec.2; * * *; L. 1916, ch. 451, sec. 1.] 2. In connection with working mines.—Permission to erect buildings for working mines upon state lands within the forest preserve may be given by the * * * [con- servation] commission, and elsewhere, by the commis- sioners of the land office, when such lands are entirely denuded of timber or when such commission or com- missioners are satisfied that the erection or occupation of such buildings will not be detrimental to the interests of the state. Trees may only be removed incident to road-making.—Nothing in this article? shall authorize any person working a mine upon state lands to cut or destroy any timber whatever except such trees as it may be actually necessary to remove in order to uncover or make a road to such mine. Payment required for trees removed, over a certain size.—For each tree measuring four inches or more in diameter at a height of one foot from the ground, which shall be so cut, the party operat- ing the mine shall pay into the state treasury the sum of one dollar. [Pub. Lands L.,* sec. 84.] a See Table of Acts, on p. 38. 1 The term “person,’’ as used in Article IV of the conservation law, includes a copartnership, joint-stock company, or a corporation. (See Appendix, p. 35.) 2 Article 7 of public lands law. 3 The public lands law is contained in L. 1909, ch. 50, and its equivalent | ch. 46 of the consolidated laws, both as amended through 1917. 20 PART [1I—Continued.] c. Permit required to work mines.—Nothing contained in this article! shall affect any grant heretofore made by the legislature to persons having discovered mines; nor be construed to give any person a right to enter upon or break up the lands * * * of the state, or to work any mine in such lands, unless the written consent * * * of the commissioners of the land office, when the lands belong to the state, shall be previously obtained. [Pub. Lands L., sec. 84.] General provisions as to liability for violations of pro- visions of Article IV® of C. L.: Criminal. (See IT, 54, 55.) Civil. (See II, 57.) d. Suitable conditions may be imposed by commission in disposing of improvements.—The commission may dispose of any improvements upon the forest preserve under such conditions as it deems to be to the public interest. [C. L., sec. 61, subsec. 6; * * *; L. 1916, ch. 451, sec. 1.] e. Permit required for removal of material belonging to the state.—No person”? shall remove any material be- longing to the state from the state lands without the authorization of the commission. [C. L., sec. 61, subsec. S85) = kas Le 1906; chy 451, secs. reneral provisions as to liability for violations of pro- | visions of Article IV of C. L.: Criminal. (See II, 54, 5ba) Civil. (See II, 57.) ESTABLISHMENT. 3. Forest Preserve Defined. a. General description of areas.—The forest preserve shall include the lands owned or hereafter acquired by the state within the county of Clinton, except the towns of Altona and Dannemora, and the counties of Delaware, Essex, Franklin, Fulton, Hamilton, Herkimer, Lewis, Oneida, Saratoga, Saint Lawrence, Warren, Washington, Greene, Ulster and Sullivan, except (a) Lands within the limits of any village or city, and (b) Lands not wild lands and not situated within either the Adirondack park or the Catskill park acquired by the state on foreclosure of mortgages made to loan com- missioners. [C. L., sec. 62, subsec.1; * * *; L. 1917, ch. 266, sec. 5.] ? b. 1. Adirondack park.—All lands® located in the forest preserve counties of the Adirondacks within the following- described boundaries, to wit: * * *, [§2.] shall consti- tute and be known as the Adirondack park. All lands within said park now owned, or which may hereafter be acquired by the state, shall be forever reserved and maintained for the use of all the people. [C. L., sec. 62, subsec. 2; * * *; L. 1916, ch. 451, sec. 1.] ce. 91. Catskill park.—All lands' located in the counties of Greene, Delaware, Ulster and Sullivan within the fol- a See Table of Acts, on p. 38. 1 Article 7 of public lands law. 2The term “person,” as used in Article 1V of the conservation law, includes a copartnership, joint-stock company, or a corporation. (See Appendix, p. 35.) 3 3 The text of this description, in detail, which is here omitted, will be found in the Appendix (see p. 33). 4 The text of this description, in detail, which is here omitted, will be found in the Appendix (see p. 34.) STATE FORESTRY LAWS—NEW YORK. lowing-described boundaries, to wit: * * *, [§2.] shall constitute and be known as the Catskill park. [C. L. sec. 62, subsec. 3; * * *; LL. 1916, ch. 451, sec. 1] Lands reserved for free use of all the people. (See III, 1.) 4. Lands Acquired by Purchase. a, Under conservation law, with approval of the gov- ernor.—[The commission may] Purchase, subject to the approval of the governor, lands, forests, rights in timber or any interest therein, situated within the Adi- rondack or the Catskill parks or lands contiguous, con- nected with or adjacent to either park. subsec. 6; |* * *; L. 1916, ch. 451, sec. 1] b. Under bond issue appropriation act, with approval of commissioners of the land offlce.—Any such lands! [ as are indicated in sec. 1 of this act (see III, 14 {2.)] may be acquired under the direction of the conservation commis- | sion by purchase, by and with the advice and consent of | the commissioners of the land office,? without other ap- proval or) 4) 2% [Do 197, ch l46secm25] Payment made only upon warrant and audit of comptroller, based on approved vouchers of conservation commission and commissioners of the land office, with certificate of attorney general as to title and conveyance. (See III, 13.) 5. Lands Acquired by Entry and Appropriation. a. Under conservation law, with approval of the gov- ernor: {1. Preamble.—The commission shall, with the ap- proval of the governor, have the power and authority to appropriate real property in the manner and under the conditions herein * defined: [C. L., sec. 59, preamble; * * *: J. 1916, ch. 451, sec. 1.] 2. The commission may enter upon and take possession of any lands or waters or both, or of any forests and rights in timber upon such lands, or upon any part, or portion thereof, within the Adirondack or Catskill parks or adjacent thereto, the appropriation of which, in the judgment of said commission, shall be necessary for public park pur- | poses, or for the protection and conservation of the lands, forests and waters within the state, and [sic] * * *f C., ., ‘sec. 59, subsec. 1 (a); * * *: D. W9165 ichreaoie sec. 1.] b. Under bond issue appropriation act, with approval of the commissioners of the land office.—* * * they [such lands as are indicated in sec. 1 of this act (see III, 14 {2)] may be acquired under the direction of the conserva- tion commission by entry and appropriation in the manner 1The term “lands,” as used in this act, includes the improvements thereon, ifany. Allland acquired under this act shall be for the use of all the people. [L. 1917, ch. 146, sec. 4.] 2 The (Bond Issue] enabling act concerning this bond issue contains the following provision: ‘Subject to the filing of such consent, any such proceedings shall be conducted by and in the name of the conserva- tion commission; Provided, however, that if any other board, officer 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, officer 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 of C. L., in the Table of Acts on p. 38. [C. L., see. 50, —— eee eee STATE FORESTRY PART I1I—Continued.} provided by section fifty-nine® of the conservation law, as amended. relating to lands within the Adirondack or Catskill parks or adjacent thereto. Sec. 59 of C. L. ap- plies.—All the provisions of such section shall apply to lands to be acquired under this act! and the acquisition thereof and to compensation or damages therefor, [Excep- tions.—] excepting as follows: (1) the entry and appro- priation shall be with the advice and consent of the com- missioners of the land office instead of the approval of the governor, and (2) such consent, in writing, shall be filed with the county clerk of each county in which lands pro- posed to be taken are situated. [L. 1917, ch. 146, sec. 2.] Lands acquired subject to retention by owner of litle to timber. (See ILI, 8.) 6. Lands Acquiced by Gift or Devise. Under conservation law.—[{Tbe commission may] Re- ceive and accept in the name of the peonle of the state, by gift or devise, the fee or other estate therein of lands or timber or both, for forestry purposes. [C. L., subsec.7; * * *; L. 1916, ch. 45], sec. 1.] sec. 50 7. Lands Acquired by Tax Sales. Nore.—The provisions under which the State acquires lands through tax sales are general, and the text is, accordingly, omitted here as not being prop- erly forestry legislation. Briefly, the general scope of these provisions may be stated as follows: 1. By bidding in in the first instance. (See Tax L.?, secs. 122, 123, 133.) 2. By reversion through default in payment by the original purchaser. (See Tax L., sec. 126.) 3. By purchase, through priority right, when origi- nally bid in by the following counties: Saint Law- rence, Lewis, Clinton, Warren, Washington and Oneida. (See Tax L., secs. 150, 151.) 8. Lands Acquired by Entry and Appropriation Subject to Retention of Title to Timber by Owner, Under Both Conservation and Bond Issue Appropriation Acts.’ a. Through agreement.—Land acquired by purchase * may be taken subject to the reservation of the trees there- on [Diameter limit.—] down to eight inches in diameter, breast high, at the time of such purchase, [Right to owner to remove timber, subject to any existing encumbrances.— | with the right to the owner to remove the same within the time specified in the next section,® or upon agreement be- tween the commission and the owner, subject to any lease, mortgage, or other incumbrance, not extending fifteen years beyond the date of acquisition. Value of timber re- served and of other encumbrances, to be deducted from purchase price.—The amount or value of any such lien, incumbrance or timber reservation, upon land so pur- aSee Table of Acts, on p. 38. 1L. 1917, ch. 146. (See Table of Acts, on p. 38.) *“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, ch, 60 of the Consolidated Laws, both as amended through 1917), 4See III, 5b. 4 See III, 4a. > See IIT, 9b, y “a LAWS—NEW YORK. 1 chased, shall be deducted from the purchase price thereof. [C. L., sec. 59, subsec. 10; * * *; L. 1916, ch. 451, sec. 1.] b. Through court of claims proceedings._The owner of land taken under this article ' may,[With consent of com- mission and under certain conditions.—] with the written consent of the conservation commission, and within the limitations hereinafter prescribed,? reserve trees thereon {Diameter limit.—] not less than eight inches in diameter, breast high, at the time of the service of the notice [Re- moval not to destroy forest floor.—]|provided the removal of such trees will not destroy the forest cover. Time limit for making reservation.—Such reservation must be ex- ercised within six months after the service upon the owner of a notice of the appropriation, by the owner serving upon such commission a written notice that he elects to reserve such trees. Waiver of right.—If such notice be not served by the owner within the time above specified he shall be deemed to have waived his right to such reservation, and such trees shall thereupon become and be the property of the state. The presentation of a claim to the court of claims before the service of a notice of reservation shall be deemed a waiver of the right to such reservation. [C. L., sec. 59, subsec.9; * * *; LL. 1916, ch. 451, sec. 1.] 9. Such Retention of Title to Timber Subject to Certain Limitations. Preamble.—The right to reserve timber, and the manner of exercising and consummating such right, are subject to the following restrictions, limitations and conditions:* [C. L., sec. 59, subsec. 11;preamble, * * *; L. 1916, ch. 451, sec. 1.] a. As to location with reference to lakes, ponds, or rivers.—Timber within twenty rods of a lake, pond or river cannot be reserved. Roadway rights, and conditions attached.— Under the supervision of the commission roads may be cut or built across or through such excepted space of twenty rods, for the purpose of removing trees from ad - joining lands, and the person‘ reserving such timber on the adjoining lands, his legal representatives or assigns, shall have the right, which right shall be deemed a part of such reservation, to construct such roads, through and across the reserved timber land, and through and across such except- ed strip, as may be necessary to remove the timber so re- served; but in constructing such roads only such trees shall be cut asare within the limits of such roads. The commission may prescribe the manner of all such roads [Use of dead, down, and other necessary timber.—] and may permit the use of any dead, down or other necessary timber for the construction only of roads, skidways, lumber camps, or for fuel, which right shall also be deemed a part of the soit wood timber reservation by the owner. No trees or timber shall be cut for the construction of roads, camps or other 1 Article IV of C. L. (See Table of Acts, on p. 38.) 2 See III, 9. 3 For provisions, ia full, see subsecs. a and b of this section. 4 The term ‘‘person,” as used in Article IV of the conservation law, includes a copartnership, joint-stock company or a corporation. (See | Appendix, p. 35.) 22 PART I1I—Continued. purposes, except such as are reserved by the owner, or for which permission to cut has been given as provided in this section. [C. L., sec. 59, subsec. 11 (a); * * *; L. 1916, ch. 451, sec. 1.] b. As to time of removal.—aAll timber reserved by the owner must be removed from the land within fifteen years after the service of notice of reservation or the making of the contract of purchase, subject to reasonable regulations to be prescribed by the commission; such land shall not be cut over more than once, and said commission may pre- scribe reasonable regulations for the purpose of enforcing this limitation. Forfeiture of title —All timber reserved, and not removed from the land within such time, shall thereupon become and be the property of the state, and all title or claim thereto by the original owner, his legal representatives or assigns, shall thereupon be deemed abandoned. [C. L., sec. 59, subsec.11(b); * * *; L. 1916, ch. 451, sec. 1.] c. As to use of waters for removal.—Persons! entitled to cut and remove timber under this article may use streams or other waters of the state within the forest preserve coun- ties for the purpose of removing such timber, under such regulations and conditions as may be prescribed or imposed by the commission. Liability for damages suffered by state.—The persons using such waters shall be liable for all damages suffered by the state or any person caused by such use. [C. L., sec. 59, subsec. 19; * * *; L. 1916, ch. 451, sec. 1.] d. Asto payments: 4. Payment is deferred until the following conditions are complied with.—A person ! who reserves timber as pro- vided in this article? shall not be entitled to any compen- sation for the value of the land purchased or taken and appropriated by the state, or for any damages caused there- by, until [:] (a) Timber has been removed.—The timber so reserved is all removed and the object of the reservation fully con- summated ; or (b) Time limit for removal has expired, or right of re- moval has been waived.—The time limited for the removal of such timber has fully lapsed, or the right to remove any more timber is waived by a written instrument filed with said commission; and (c) Commission satisfied that no cause of action by State exists against owner.—Said commission is satisfied that no trespass on state lands has been committed by such owner, or his assigns, or legal representatives; that no tim- ber or other property of the state, not so reserved, has been taken, removed, destroyed, or injured by him or them, and that a cause of action in behalf of the state does not exist against him or them for any alleged trespass or other injury to the property or interests of the state; and (d) Rules and regulations have been fully complied with.—That the owner, his assignee or other legal repre- sentatives, has fully complied with all rules, regulations 1 The term ‘‘person,” as used in Article IV of the conservation law, includes a copartnership, joint-stock company or a corporation. (See Appendix, p. 35.) ‘ 2 Article IV of C, L. (See Table of Acts, on p. 38.) STATE FORESTRY LAWS—NEW YORK. and requirements of said commission concerning the use of streams, or other property of the state, for the purpose of removing such timber. Proviso: Payment, upon conditions prescribed, may be directed at any time.—Provided, how- ever, that said commission may at any time by its certifi- cate filed with the comptroller direct the payment to the owner of such land, his legal representatives or assigns, of the compensation therefor, or a part thereof, at such time and upon such conditions as may be set forth in the certifi- cate. [C. L., sec. 59, subsec. 12; * * *; LL, 1916, ch. 451, sec. 1. {/2. Interest not payable on purchase price, or award, for value of lands or for damages caused—Exception.—If tim- ber is reserved upon land purchased or appropriated as provided by this article, interest is not payable upon the purchase price, or the compensation which may be award- ed for the value of such land, or for damages caused by such appropriation, except as provided in subdivision seven of this section.? [C. L., sec. 59, subsec.17; * * *; L. 1916, ch. 451, sec. 1.] 10. Procedure in Taking Possession of Lands, Under Both Conservation and Bond Issue Appropriation Acts.® a, A description of such lands, properly endorsed, is filed in the office of the Secretary of State.—An accurate description of such property so entered upon and appro- priated * shall be made by the commission, who shall certify under its seal that the description is correct, and shall endorse thereon a notice that the property described therein is appropriated by the people of the state of New York for the purpose described in this section.’ The original of such description and certificate shall be filed in the office of the secretary of state. The conservation commission may make such additional copies of this certificate and description as may be necessary and certify the same: [C. L., sec. 59, subsec. 2; * * *; LL. 1916) ch. 451, sec. 1.] b. §1. One copy of such endorsed description given, in person, or otherwise, to the owner of the lands, com- pletes the procedure.—The said commission shall there- upon cause a duplicate of said description and certificate, with notice of the date of filing thereof in the office of said secretary of state, to be served on the owner or owners of the lands, forests, and rights in timber upon such lands and waters so appropriated; and from the time of such service the entry upon and appropriation by the people of the state of the property described in such notice shall be deemed complete, and thereupon such property shall become, and be, the property of the people of the state. Effect upon status of lands.—Such notice shall be conclusive evidence of an entry and appropriation by the state; but the service of such notice shall raise no pre- sumption that the lands, forests, and rights in timber 1 Article IV of C. L. 2 See LIT, 12. 8 See III, 5b. 4 See III, 5a,b. § Sec. 59 of C, L. (See Table of Acts, on p. 38.) (See Table of Acts, on p. 38,) STATE FORESTRY PART II1—Continued.] upon such lands described therein are private property. [@: L., sec. 59, subsec: 3; * * *; L. 1916, ch. 451, sec. 1.] 42. 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 the code of ciyil procedure, the provisions of article second, title one of chapter five of the code of civil procedure relating to the service of a summons in an action in the supreme court, shall apply, so far as practicable, to the service of such notice and papers. [C. L., sec. 59, subsec.4; * * * L. 1916, ch. 451, sec. 1.] c, 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, certificate, and notice of filing, with an affidavit of due service thereof on such owner or owners, to be recorded in the books used for recording deeds in the office of the clerk of any county in this state in which any of the property described therein may be situated; [Evidence of due service of notice.—]and the record of such notice, and of such proof of service, shall be presumptive evidence of due service thereof. [C. L., sec. 59, subsec. 5; * * *; L. 1916, ch. 451, sec. 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 caused. (Ap- plies under both Conservation Law and Bond Issue Appropriation Act.').—Claims for the value of the property appropriated, and for legal damages caused by any such appropriation, may be adjusted by the commission, if the amount thereof can be agreed upon with the owner or owners thereof. Commission certifies to comptroller amount due.—Upon making any such adjustment and agreement the commission shall deliver to the comptroller a certificate stating the amount due to said owner on account of such 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; cere Ty, 19NGch.. 451, 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 time of making an agreement between the owner and said com- mission for the value of the land so appropriated, and the legal damages caused thereby, or at the time of the LAWS—NEW 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 account of such appropriation either by such agreement ' See IIT, YORK. 23 or by the judgment rendered upon such a claim. sec. 59, subsec. 13; * * *: L. 1916, ch. (See also III, 8 a.) 43. 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 property 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 deducted from the original com- pensation agreed to be paid for the land, or for damages, or from a judgment rendered by the court of claims on account of the appropriation of 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 sucha trespass or for a penalty shall likewise be deducted from the amount of such compensation or judgment. [C. L., 59, 14 EES OG, Chei4ol, secs 1s] Amount of any lease, mortgage, or other encumbrance must be deducted from payments for lands. (See III, 8a.) ‘4. Commission must certify to the comptroller that these conditions have been complied with, in advance of issuance of warrant for amount of compensation agreed upon, or amount awarded by court.—A warrant shall not be drawn by 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 reserved 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. [Chie 59, subsec. 16; * * *; L. 1916, ch. 46], sec. 1.] For special procedure under the bond issue appropriation aet, see ITI, 13. 12. Payment for Lands Acauired Through Court Pro- cedure, Incident to Entry and Appropriation, and for Damages Caused Thereto. (Applies Under Both Conservation and Bond Issue Appropriation acts’. ) 1. Court of claims may determine value of lands and legal damages due, when commission and owner fail to agree thereon.—If the commission and the owner or owners 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 provided for in section sixty-eight* of this chapter, such owner Get, 451, sec. 1.] subsec. Sec. sec. 1 Article IV of C.L 2 See IIT, 5b. 3 Sec. 68 has been revised and renumbered as sec. 59, subsec. 3. III, 10b 41.) (See Table of Acts, on p. 38.) (See 24 PART I1]—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 the 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 affirming 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 thirtieth day after the entry of such final judgment, and such amount shall be paid by the treasurer. [C. L., sec. 59, subsec. Pee: el LOlGyechs 4olhiseculs| (2. Court may examine lands and secure local testi- mony.—The court of claims, if requesied 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. 1916, ch. 451, sec. 1.] : 3. 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 lien shall be stated in the judgment, and * *~* [C. L., ‘sec. 59, ‘subsec: 15: #1, 1916, ch. 451, sec. 1.] Value of any tumber reserved must be taken into consid- (See III, ‘5 eration in determining amount of compensation. 11 2.) Amount of damages and penalties for trespass or other injuries to lands also deducted. (See IIT, 11 §3.) 4. 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.] STATE FORESTRY LAWS—NEW YORK. 5. 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 los uns lO GS Tehipeo lise cums Commission must certify to the comptroller that required conditions have been complied with, in advance of payment of amount of award or judgment. (See III, 11 9/4.) 13. Restrictions 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 paid out for any purpose, other than to pay judgments ofthe 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, Under Bond Issue Appropria- tion Act. fl. 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 purposes of such appropriation, he shall issue and sell bonds, pursuant to chapter five hundred 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.] 4/2. 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- 2 Judgments of the court of claims under section fifty-nine of the con- servation law shall be paid as therein provided. [L. 1917, ch. 146, see. 3.] See also III, 12. 3 See volume of session laws. 4The |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 be available for payment of the purchase price, where lands are acquired by contract, and for the payment of judgments and awards in case of proceedings by condem nation or by entryandappro- priation,’”’ [1, 1916, ch. 569, sec. 4.] ; : a _ ———- se STATE FORESTRY LAWS—-NEW YORK. PART I1I—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. 1917, ch. 146, sec. 1.] -LANDS LEVIED UPON FOR GENERAL PROPERTY TAXES; 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 Dannemora, 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 where situated. 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 file 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 belonging to the state; such statements and specifications to be verified by the oaths of a majority of the assessors. Assessment subject to readjustment upon request of commission.—The comp- troller shall thereupon and before the first day of Sept- ember following, and afier 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 within 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 be valid for any purpose until the amount of assessment is approved by the comptroller, and such approval attached to and deposited with the assessment roll of the town, and therewith 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. a. Taxes for school house or road purposes may be imposed on state lands only if approved by commission.— No tax for the erection of a schoolhouse or opening of a 1 The following property shall be exempt from taxation: ee eS 2. Property of this state other than its wild or forest lands in the forest preserve. [Tax L., sec. 4.] 25 road shall be imposed on the state lands unless such erection or opening shall have first been approved in writing by the conservation commission. [Tax L., sec. 22; L. 1912, ch. 245, sec. 1.] b. Amount of tax credited to county treasurer, on account.—The treasurer of the state, upon the cer- uficate of the comptroller as to the correct amount of such tax, shall pay the tax levied upon state lands in the forest preserve, by crediting to the treasurer of the county in which such lands may be situated, such taxes. upon the amount payable by such county treasurer to the state for state tax. No fees shall be allowed by the comptroller to the county treasurer for such portion of the statetaxasissopaid. [Tax L., sec. 80.] 17. Loans for Bridge and Highway Purposes. a. Throughout the forest preserve. ‘1. On certificates of indebtedness in anticipation of taxes.—The supervisor may, when authorized by the town hoard, horrow money in anticipation of taxes to be levied and collected, on the credit of the town, and issue certificates of indebtedness therefor in the following cases {for bridge and highway purposes]: * * * [Highway L,! sec, 96.] ; {2. On bonds or other obligations..\ proposition may be submitted at a regular or special town meeting in the manner provided by the town law, authorizing the town to borrow money upon its bonds, or other obligations, to be expended for the following purposes [bridge 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 borrow moneys without the written approval of the * * * [conservation] commissioner, except in payment of a debt lawfully incurred by the town. [Highway L., sec. 97; L. 1914, ch. 202, sec. 1.] b. 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,?2 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 writing, 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. [Ilighway L., sec. 97-a; DL. 9175 eh: 565), sec. 1] 1 The highway law is contained in L. 1909, ch. 30, and its equivalent, ch, 25 of the consolidated laws. 2 See subsec. a §1, 92. 26 PART I1I—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; * % * -TJ,, 1916, ch. 451, sec. 1.] Acquire control of additional lands therein by means of: Purchase (see Ill, 4); Entry and appropriation—(see III, 5); Gift or devise (see III, 6); 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 therefrom to reforest state lands. (See I, 24.) Laws relating to care and management of state forests are administered wnder the division of lands and forests. (See I, 11 Jl.) 19. Have Custody of Abstracts of Titles, Contracts, etc. [The commission shall] Have the custody of all abstracts of title, papers, contracts or memoranda relating thereto, [Original deeds excepted.—] except original deeds to the state, for any lands purchased for forest preserve purposes. [C. L., sec. 50, subsec. 18; * * *; L. 1916, ch. 451, sec. 1.] 20. Survey and Determine Boundaries of State Lards. [The commission shall] Survey, map and determine boundaries of lands owned by the state. [C. L., 50, subsec. 15; * * *; L. 1916, ch. 451, sec. iL,|| 21. Make Rules and Regulations, and Issue Permits for Use of Lands. [The commission] May make rules, regulations and issue permits for the temporary use of the forest preserve. (C.Ee, 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 IIT, 8b); and prescribe and enforce conditions and regulations concerning such rights. (See III, 9.) SEC: % Take required action concerning taking possession of lands. (See III, 10.) Enter into an agreement with owner as to payment for land being acquired under entry and appro priation proceed- ings, and for damages caused thereby (see III, 11); and 1 The several officers who are concerned in these general powers and duties are the commissioner, deputy commissioner (see I, 3,9), superin- tendent of forests (see I, 16), and assistant superintendent of forests (see I, 17). 2 The text matter concerning these park reservations other than state forests has been placed in the Appendix (pp. 33-35), since it isnot deemed altogether pertinent to this compilation of forestry laws, even though incidental forestry may be practiced on the reservations, 3 Article IV of C. L. (See Table of Acts, on p. 38.) STATE FORESTRY LAWS—-NEW YORK. certify to the comptroller the fulfillment of its conditions, in advance of payment. (See III, 11 {4.) Approve, and submit to comptroller, vouchers for payment in cases of lands acquired wnder the bond issue appropria- tion act, except in cases involving court of claims procedure. (See IIT, 13.) Submit to comptroller approved estimate of moneys re- quired to acquire lands under the bond issue appropriation act. (See III 14 {1.) 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 state lands within the forest preserve. (See III, 16.) Approve loans, for bridge and highway purposes, to be negotiated through bonds or other obligations by towns con- taining forest preserve lands. (See III, 17 §1. §2.) Issue permits for erecting and maintaining buildings upon the forest preserve for: a. Purposes in general. b. In connection with working mines. Dispose of improvements upon the forest preserve. LI, 2d.) Authorize removal, from state lands, of material belonging to the state. (See III, 2e.) Bring actions or proceedings for: Enforeing rights of state in real property. (See III, 26.) Determining questions of land titles. (See III, 26.) Cancelling or setting aside cancellations of tax sales. (See IIT, 26.) Superintendent of forests directs the locating of boundaries of State lands. (See III, 23.) (See III, 2b 1.) (See III, 2b 9/2.) (See COMMISSIONERS 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. Ts 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.) Tssues warrant, for payment of amount of award, to owner of lands acquired through court proceedings. (See INN Sa} ql.) Deposits in bank amount so awarded, subject to payment under the judgment. (See ILI, 12 5.) Tssues and sells bonds under bond issue appropriation act. (See IIT, 14 {{1.) Grants hearings, upon request of commission, concerning assessments on State lands within the forest preserve. (See III, 15.) STATE FORESTRY LAWS—NEW YORK. P| PART Ii1—Continued.} Approves assessments on State lands within the forest pre- serve. (See III, 15.) Validates, by his approval, proposed town loans for bridge and highway purposes in the Adirondack park, only, on: a. Town certificates of indebtedness. (See III, 17a {l, 6.) b. Town bonds and other obligations. 72, 6.) FORESTERS AND ASSISTANT FORESTERS. (See III, 17a General Cross-References. Perform such duties in connection with reforestation, fire protective work, surveys, investigations, and other lines of forestry on State forests, as may be required. (See I, 18.) DISTRICT FOREST RANGERS.! General Cross-Reference. Have direction of the protection of State lands from fire and trespass. (See II, 9.) CHIEF LAND SURVEYOR. 22. Salary. A chief land surveyor [is hereby authorized], who shal] receive a salary of two thousand four hundred dollars per annum; and who * * * [C. L., Scenes 1916, ch. 4oll, 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, Bubsecwos = it) * 21 1916, ch. 451, sec: 1] General Cross-References. Appointment. (See I, 9 §2, §3.) Competitive civil service requirement. Expenses. (See I, 26.) May arrest violators, without warrant, and bring them beforea magistrate, and exercise other necessary police powers. (See I, 16 2.) 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.) : sec. 51, subsec. 3; (See I, 14.) LAND CLERK. 24. Salary. A land clerk [is hereby authorized] at two thousand dollars per annum, who * * * [C. L., sec. 51, subsec. Bee 1 1916. (ch. 451) secs 1.) 25. Records Titles to State Lands, and Performs Other Duties Assigned Him. {The land clerk] shall be employed in filing and pre- paring records of state’s title to lands and perform such other duties as may be assigned him. [C. L., sec. 51, subsec. 8; * * * ; L. 1916, ch. 451, sec. 1.] 1The 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 {2, {3.) Competitive civil service requirement. Expenses. (See I, 26.) Liability for failure to perform duties: Criminal. II, 54, 55.) Civil. (See II, 57.) (See I, 14.) (See 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: [C. L., sec. 50, subsee: iil) preamble; * * °*; L. 1916, ch. 451, sec. 1-] 1. Enforcing rights of state in real property._[The commission may bring] Any action or proceeding, for the purpose of enforcing the 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, subsec. 11 (a); Sah) LOlGs chs 455 secu de "2. Determining questions of land titles._[{The com- mission may bring any action or proceeding] To determine in trespass, ejectment or other suitable actions the title to any land claimed adversely to the state. [C. L., sec. 50, subsec. 11 (c); * * *; L. 1916, ch. 451, sec. 1.] "3. Cancellation, or setting aside cancellations, of tax sales.—_{The commission may] Bring proceedings before the comptroller or bring actions to cancel tax sales or to set aside cancellations of tax sales. [C. 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 preserve 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 application made in open court, on which application all the terms and conditions of the settlement shall be fully stated in writing and the reasons therefor set forth at length. (Cie secs oe > F< 1. 19155 chy. 318; sec. 7] The commission is expressly inhibited from undertaking such settlements. (See II, 53a {1.) General Cross-References. Special provision as to damages and penalty for negli- gently causing forest fires on state lands. (See II, 59 pre- amble, a.) Costs of fire-fighting may be recovered, in addition to damages and penalties. (See II, 62.) General provisions as to liability for violations of pro visions of Article IV% of C. L., or failure to perform duties thereunder: Criminal. (See II, 54,55.) Civil. (See II, 57.) 1 See IIT, 7. a See Table of Acts, on p. 38, 28 PART I11—Continued.} MUNICIPAL FORESTS. 28. Municipalities! Authorized to Acquire Lands for Forestry Purposes. a. By purchase, gift, lease, or condemnation. (G. M. L.2)—The governing board of a county, town or village may severally acquire for such county, 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 funds 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. 74, sec. 1.] b. By purchase, gift, or utilizing municipally owned lands. (C. L.)—A county, city, town, or school disirict may acquire by purchase, or gift, or take over lands in its possession within the boundaries thereof and use the same for forestry purposes.® [C.L.,sec.60,preamble; * * a L. 1916. ch. 451, sec. 1.] (See also ILI, 320, §1.) 29. Publication of Intention to Acquire Lands for Forestry Purposes. a. Under the general municipal law. 1. The determination of any such board to acquire lands under the provisions of this section shall he by resolution; but the question of the final adoption of such resolution shall be taken up by the board only after public notice thereof has been published for at least two weeks, as follows: [By county boards.—] If it be a rosolu- tion of a board of supervisors, the publication shail 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 be a resolution of a town board or of a board of trustees of a village, the publi- cation shall be made in a newspaper published in the town or village, respectively. §2. 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. 1.] b. Under the conservation law. Such boards may undertake such work at regular or special meetings by majority vote of such hoard after two weeks public notice setting forth the fact that such plan is contemplated and that moneys are to be appropriated for such purposes. [C. L., sec. 60, subsec. 1; * * *; L. 1916, ch. 451, sec. 1.] 1 The term ‘‘ Municipalities’’ embraces counties, towns, and villages, as applied under the general municipal law, and counties, cities, towns, and school districts, under the conservation law. 2 The abbreviation, ‘‘G. M. L.,” as used in this compilation, indicates the general municipal law (ch. 29, L. 1909, and its equivalent. ch. 24 of the eonsolidated laws, both as amended through 1917). 3 See also III, 2 preamble, and footnote 3 thereto. 4See county law (L. 1909, ch. 16), sec. 20; legislative law (L. 1909, ch. 37), sec, 48, as amended by L. 1911,ch. 97, STATE FORESTRY LAWS—NEW YORK. 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 of supervisors may cause such moneys to be raised by tax- ation and levied and collected as other county taxes, or may borrow 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 other 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 be raised by taxation, as other village taxes, or by the issu- ance and sale of village bonds in the manner provided by the laws* governing such village relating to village obligations, after the adoption of a resolution therefor by the board of trustees, without other authorization. [G: My I, sec. 72-a; Iu. 1912; ch. 74) sees 12] b. Through appropriation, or bond issue. (C. L.) The governing board of a county, city, town, or school district may appropriate money or issue bonds either for purchase of lands for the purposes herein provided, x) FTG. Li, cecil 60! ‘subsecael: ) “ye lieetonae ch. 451, sec. 1.] (See also III, 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 development and use of for- ests 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. M. 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, city, town, or school district may appropriate money or issue bonds] to establish forest plantations or for the care and managements? of forests. [C, L.,sec.60; subsec. 1; * * *; L. 1916, ch, 451, see. 1.] (See also III, 326 41.) 32. Management and Use of Lands Are Under Control of the Governing Boards. : a. Under the general municipal law. {1. Such lands shall be under the management and control of such board [county, town, or village, as the es = a 4 1 See general municipal law (L. 1909, ch. 29), art. 2; county law, sec. 235, as added by L. 1909, ch. 466, and amended by L, 1910, ch. 8. 2 L, 1909, ch. 63, sec. 139. 3 See village law (L. 1909, ch, 64), sees. 129, 130, 4So in the original. R STATE FORESTRY LAWS—-NEW YORK. PART I1I—Continued.]} case may be] and shall be developed and used for the planting and rearing of trees thereon and for the culti- vation thereof according to the principles of scientific forestry, for the benefit and advantage of the county, town, or village. * * * {2. Lands are subject to rules and regulations prescribed by such boards.—Such forest lands shall be subject to such rules and regulations as such governing board of the municipality shall prescribe; [Principal objects of management.—] but the principal object to be conserved in the maintenance of such lands shall be the sale of forest products in aid of the public revenues and the protection of the water supply of the municipality. [G.M. L., sec. 72-a; L. 1912, ch. 74, sec. 1.] bh. Under the conservation law. {1. Such governing board [county, city, town, or school 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. [C. L., sec. 60, subsec. 3; * * *; L. 1916, ch. 451, sec. 1.] "2. 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, [C. L., sec. 60, subsec. 2; * * *; L. 1916, ch. 451, sec. 1.] 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 acquired shall belong 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. L., sec. 72-a; L. 1912, ch, 74, sec. 1.] b. 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 order of 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 resoluvion 1 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 Acts, on p. 38.) 29 therefor be adopted by the affirmative vote 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.—]but no such resolution directing an absolute conveyance shall be effectual unless adopted after a public hearing, held upon notice given in the man- ner required in the.case of aresolution 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, shall be 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. 72a; L. 1912, ch. 74, sec. 1.] b. No provision is made in the conservation law for sale or lease of municipal forest lands. 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. Z.). (See III, 28b.) Publish notice of intention to so acquire lands (G. M. L. and C.L.). (See III, 29.) Provide funds for purchase of lands through: Taxation or bond issue (G. M. L.). (See III, 30a.) Appropriation or bond issue (C. L.). (See III, 300.) Provide funds for management of lands through: Appropriation of moneys raised by taxation (G. M. L.). (See III, 31a.) Appropriation of moneys, or bond issue (C. L.). ILI, 31d.) Control the management and use of lands (G. M. L. and C. £.) (See III, 32.) Obtain assistance in reforestation work, and also trees, from conservation commission. (See III, 326 92.) Control, by special authority, use of funds derived from pro- ceeds from the lands (C. L.). (See III, 33.) Sell and convey, or lease the lands, or portions thereof (G. M. L.). (See I1l, 34a.) (See General Cross References. The conservation commission cooperates with the governing board in reforestation work. (See III, 326 {{2.) Special provision as to damages for causing fires either negligently or willfully on lands belonging to a municipality. (See II, 59 preamble, b, c, 61.) Costs of fire-fighting may be recovered, in addition to dam- ages and penalties. (See IT, 62.) General provisions as to lability for violations of pro- visions of Art. IV@ of C. L.: (See II, 54, 55.) Civil. (See II, 57.) a See Table of Arts, on p. 38. Criminal. 30 STATE FORESTRY LAWS—-NEW YORK. 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 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 IIT.) 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 have his lands subjected to a special form of taxation. | [(CuiGetsecyb75) 1 7 As) OWS Ach, Aolhtsec sls] b. 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, 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. a. Planted and underplanted.—(See LV, 2a.) b. Woodlot.—(See IV, 2.) 2. Basis of Classification. a. Planted and underplanted lands: fil. 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, * * * 2. 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; * * * 43. 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, * * * 4. [Proviso2—] * * * and [such lands may be classified only if it can be shown that they] have not been assessed during the period of 1 Part 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- servationlaw. 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. 2See IV, 2a. 3 See IV, 2b. 4«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, ch. 60, of the consolidated laws, both as amended through 1917). 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 peracre, * * * [C.L., sec.57; * * * ; 1.1916, ch. 451, sec.1.] 6. 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; LL. 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 LV, 8b.) 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, 8b.) 8. 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 during said period of five years, by a sworn statement of the assessors of the value of said lands, which * * * ; §2. [Must contain declaration of intention by owner.—] such application shall also contain a declaration that the owner intends to reforest or under- 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; * * * 3; L. 1916, ch. 451, sec’ 1] 1 See IV, 2a. STATE FORESTRY LAWS—-NEW YORK. PART IV—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 pre- scribed by it, to have such land separately classified for taxation. Form of applicationApplication 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. a. Planted and underplanted lands.—f{1. If it appears from said application 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- 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. 451, 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. a. 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 suitable for reforestation or underplanting, it is hereby empowered to enter into a written agreement with 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 and 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 office of the county clerk of the county where 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 affidavit shall 1 See IV, 2b. 2See IV, 3a JI. 3See IV, 3b. 4See IV, 4a (2. 31 remain on file in the office of said commission * * * 2. Compliance Constitutes acceptance.—The planting or underplanting of a tract in forest trees in compliance with the agreement as provided in this section shall be taken and deemed to be an acceptance by the owner of the exemption privileges herein granted and of the conditions herein imposed; * * * {3. Inspection by commis- sion.—Upon the filing of such affidavit | the commission shall cause an inspection of such lands to be made by a competent forester who shall make and file with said com- mission a written report of such inspection. ‘4. Certificate of classification issued and recorded in office of county treasurer.—If the commission is satisfied from said affidavit! and report that the Jands have been forested in good faith as provided in said agreement, it shall i make and execute a certificate under its seal, and file the cation, cause an examination to be made of the lands for ° same with the county treasurer of the county in which the lands or any part thereof soforested are located,which certifi- cate shall set forth a description of said lands, the area and the owner thereof, the town in which the same are situated, a statement that the land has been separately classified for taxation in accordance with the provisions of this sec- tion [Must show maximum valuation for the 35-year pe- riod.—] and a valuation, in excess of which, said lands shall not be assessed for the period of thirty-five years, which * * * 45. [Also exemption provision.—] and a statement that the trees and timber thereon shall be exempt from taxation during said period. [C. L., sec. 57; ace es 1916 seh. 451, secs 1] Assessors are notified of filing of certificate. b. Woodlot lands: "1. Commission furnishes working plan to owner.— If the commission shall determine that such land ? is suita- ble to be so classified, it shall submit to the owner a plan for the further management of said land and trees [Certifi- cate of classification recorded in county treasurer’s office.—] and shall make and execute a certificate under the seal of the commission and file the same with the county treas- urer of the county in which the land is located, which certificate shall set forth a description and plot of the land so classified, the area and owner thereof, the town or towns in which the same is situated, and that the land has been separately classified for taxation in accordance with the provisions of this section. Assessors notified.—Upon the filing of such certificate it shall be the duty of the county treasurer to file with the assessors of the tax district in which the land described therein is located, within ten days after receipt thereof, a certified copy of such certifi- cate. * * * (2. Lands assessed accordingly.—The assessors of each tax district where said land so classified is located shall insert upon the margin of said assessment and opposite the description of such land a statement that said land is assessed in accordance with the provisions of this section. [Tax L., sec. 17; L. 1912, ch. 363, sec. 1.] (See IV, 8a.) 1 Making proof of compliance with planting requirements. (See 41 of this subsection.) 2 See IV, 40. 32 PART IV—Continued.] 6. Period of Classification. a. Planted and underplanted lands: (1. Until end of the 35-year exemption period.—Such lands? shall be assessed, and continued to be assessed, and carried in such manner, upon the assessment-rolls, of such towns until the end of the exemption period. {{2. * #® * and in consideration of the public benefit to be derived from the planting, underplanting, cultivation and growth of such trees? the exemption of such trees from taxation and the taxation of the land upon which such trees are grown as herein provided, shall be con- tinued and is hereby assured; and the right to such ex- emption and taxation 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 per- form the conditions of such contract not exceeding said period of thirty-five years. [C. L., sec. 57;* * * ; L. 1916, ch. 451, sec. 1.] b. Woodlot lands: For an indefinite time.— Assessment continues so long as the owner complies with requirements. (See IV, 8b.) 7. Cancellation of Classification. a. Planted and underplanted lands.—In the event that lands so classified! shall, in the judgment of the com- mission, cease to be used exclusively for forestry pur- poses to the extent provided in the agreement between the conservation commission and the owner, or that said owner has violated its terms, or any reasonable rules and regulations of the commission in respect to the use of or the cutting of timber on said lands, the exemption from taxation provided in this section shall no longer apply; [Injunction to restrain use of lands and timber.—] or at the election of the commission such owner may be also restrained from said acts by injunction; [Land, there- after, assessed under General Property Tax Law.—] and the assessors having jurisdiction shall, upon the direc- tion of the commission, assess said lands against the owner at the value, and in the manner provided by the tax law for general assessment ofland. [C.L.,sec.57; * * *; L. 1916, ch. 451, sec. 1.] b. Woodlot lands.—In the event that land so classi- fied? as above prescribed shall at any time by act of the owner or otherwise cease, in the judgment of the com- mission, to be used exclusively as a wood lot to the ex- tent provided by this section to entitle the owner of such land to the privileges of this section, the exemption and yaluation in taxation provided for in this section shall no longer apply [Land, thereafter, assessed under Gen- eral Property Tax Law.—] and the assessors having juris- diction shall, upon the direction of the commission assess the said land at the value and in the manner provided by the tax law for the general assessment of land. [Tax L., sec. 17; L. 1912, ch. 368, sec. 1.] 1 See IV, 5a 44. 2 See IV, 5a 92. 3 See IV, 5b {[1. STATE FORESTRY LAWS—NEW YORK. ANNUAL, OR GENERAL PROPERTY, TAX. 8. Assessment. a. Planted and underplanted lands: Lands are assessed at a fixed valuation, based on a fair cash value, exclusive of value of tree growth.— Upon the filing of such certificate! it shall be the duty of the county treasurer to file with the assessors of each tax district in which the lands described are located, a certified copy thereof, and the assessors of such tax dis- trict shall place the lands according to the description contained in said certificate upon the next assessment- roll, prepared for the assessment of lands within such tax district, at a valuation not to exceed the amount stated in said certificate, and not to exceed the assessed valuation of similar lands in said tax district; and said assessors shall insert upon the margin of said assessment- roll opposite the description of said lands, a statement that said lands shall not be assessed during the period of thirty-five years at a value in excess of said amount, and that the trees and timber growing upon said land shall be wholly exempted from taxation during said period; and said assessors shall also insert upon the mar- gin of said assessment-roll the date of expiration of said exemption. [C. L., sec. 57; * * *; L. 1916, ch. 451, sec. 1.] b. Woodlot lands: Lands are assessed at a maximum valuation of $10.00 per acre, exclusive of value of tree growth.—So long as the land so classified is maintained as a wood lot, and the owner thereof faithfully complies with all the provisions of this section” and the instructions of the commission, it shall be assessed at not to exceed ten dollars per acre and taxed annually on that basis. In fixing the value of said lands for assessment, the assessors shall in no case take into account the value of the trees growing thereon, and said land shall not be assessed at a value greater than other similar lands within the same tax district, which contain no forest or tree growth, are assessed. [Tax L., sec. 17; L. 1912, ch. 363, sec. 1.] Exemption From the Tax. a. Timber on planted and underplanted lands: Throughout 35-year classification period. (See IV, 8a.) b. Trees on woodlot lands: Throughout an indefinite classification ‘period. (See IV, 8b.) YIELD TAX.* 9. Preliminary Measures. Advance notice required of intention to cut.—When- ever the owner shall propose to cut any live trees from a See Table of Acts, on p. 38. 1 See IV, 5a, 4/4. 2 Sec. IV, 5b, ¥]1. 3’The yield tax applies only to lands classified under the woodlot act. Lands classified as “planted and underplanted”’ under the con- servation law become subject to taxation under the general property tax law at the end of the prescribed 35-year exemption period, unless re- classified under the woodlot act. STATE FORESTRY LAWS——-NEW PART IV—Continued.} said land,! [Exception. —-] except for firewood or building material for the domestic use of said owner or his ten- ant, he shall give the commission at least thirty days notice prior to the time he desires to begin cutting, [Cut- ting and removal subject to direction of commission.—] who shall designate for the owner the kind and number of trees, if any, most suitable to be cut for the purpose for which they are desired, and the cutting and removal of the trees so designated shall be in accordance with the instructions of said commission. [Tax L., sec. 17; L. 1912, ch. 363, sec. 1.] Penalty for failure to give advance notice. (See LV, 11.) 10. Tax Levied After Cutting and Before Using. Owner files with assessors returns as to measurement, or count, of trees cut, and kind and value thereof.—After such trees® are cut and before their removal from the land, the owner shall make an accurate measurement or count of all of the trees cut and file with the assessors of the tax district a verified, true and accurate return of such meas- urement or count and of the variety and value of the trees so cut. Pays, before removal, five per cent of stumpage value.—The assessors shall forthwith assess the stumpage value of the timber so cut, and such owner shall pay to the tax collector of the town in which such land is sit- uated, before the removal of any such timber, five per centum of.such valuation. [Tax L., see. 17; L. 1912, ch. 363, sec. 1.] - Penalty for failure to pay tax. (See IV, 11.) 11. Penalty for Failure to Give Notice in Advance of Cutting, or to Pay the Tax. If such owner shall fail to give such notices 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 YORK. es | of the town in any court of competent jurisdiction. L., sec. 17; L. 1912, ch. 363, sec. 1.] Exemption from the Tax. Trees cut for firewood or building material for domestic use. (See IV, 9.) DUTIES OF FORESTRY OFFICIALS. ! Concerning Planted and Underplanted Lands. Prescribe form of application for classification, and rules and regulations concerning the care and management of lands and trees. (See IV, 3a.) Investigate suitability of lands described in application for classification. (See LV, 4a §72.) Enter into cooperative agreement with owner for foresting the lands. (See IV, 5a §1.) Cause inspection and report to be made upon planting work. (See IV, 5a ¥3.) Issue certificate of classification, and record same im office of county treasurer. (See IV, 5a {4.) Determine whether classification of lands shall be canceled; [Tax and, in event of cancellation, direct their reassessment under the general property tax law. (See IV, 7a.) Secure, when necessary, injunction to restrain wnlawful use of lands and timber. (See IV, 7a.) Concerning Woodlot Lands. Prescribed form of application for classification. IV, 3b.) Investigate suitability of lands described in application. (See IV, 4b.) Furnish working plan to the owner. (See IV, 5b 41.) Issue certificate of classification, and record same in office of county treasurer. (See IV, 5b 41.) Direct cutting and removal of timber. (See IV, 9.) Determine whether lands cease, at any time, to be rightly used as a woodlot; and, in such event, direct their reassessment under the general property tax law. (See LV, 7b.) (See PART A—APPENDIX. DEFINITIONS OF THE TERMS “PERSON,” “FOREST LAND,” “FOREST FIRE,” “FIRE TOWNS,” AND OTHER TERMS. (Conservation Law.) § 62. Definitions —The following words and phrases used in this article are defined as follows:* 1. * * #5 2. Adirondack park._* * * |The following is a description of the boundaries of lands constituting the Adirondack park:] Beginning at the southeast corner of the town of Hope in the county of Hamilton, and running thence westerly along the southerly lines of Hamilton county, and continuing and following the southerly line | 1 See IV, 5b 41. 2See IV, 9. 3See IV, 9, 10. ‘For sec. 62, in full, containing all of these “words and phirases,”’ see Table of Acts, on p. 38. 3 See III, 3a. 51748—18 9 mari? | of the town of Wilmurt, in Herkimer county to the point of intersection with the westerly line of Herkimer county, and thence northerly along the westerly lines of Herkimer county to its junction with the southwesterly line of Saint Lawrence county; thence westerly along said | southwesterly line of Saint Lawrence county to the most westerly corner of township fourteen, great tract three, Macomb’s purchase; thence easterly along the northerly line of said township fourteen to the northeast corner 1 The several administrative officers who are concerned in these duties | are the commissioner, deputy commissioner (see I, 3, 9), superintendent of forests (see I, 16), assistant superintendent of forests (see I, 17), and, when specifically provided, such other officers as may be designated. | For additional duties of these officers concerning forestry taxation ‘ under act 246, L. 1912, see that act in the Appendix, p. 35. o4 PART A—Continued.] thereof; thence northerly along the west line of township thirteen, great tract three, Macomb’s purchase, to the northwest corner of said township thirteen; thence east along the north 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, great tract two, Macomb’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, Macomh’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, Macomh’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 purchase, 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 county; 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 line 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 Crossfield’s purchase; thence southeasterly along th« line of Leggett’s survey to the southerly line of said township fourteen; thence southwesterly along the line of Leggett’s survey, being 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 township twelve, to the south- easterly corner of lot twenty-five of township eleven of said Totten and Crossfield’s purchase; thence southwesterly along the southerly line of lots twenty-five, twenty-six, STATE FORESTRY LAWS—-NEW YORK. 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 Cvoss- 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 southecly 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 and Rochester of Ulster county; thence easterly on said bine to the point where the Mettacahonts creek crosses the same flowing easterly; thence southwesterly parallel with the northwesterly 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 FORESTRY LAWS—NEW YORK. PART A—Continued.] with the islands therein, and all that’portion of Lake Onta- rio adjacent to Jefferson county, including Chaumont .bay, Guffins 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 which 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 ninety-five, Thorn’s survey, 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, to the people of the state of New York, shall be and continue to be 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 counties of Allegany and Cattaraugus. 7. Person.—Person includes a copartnership, 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, Elizabethtown, 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, Clifton, Colton, Fine, Hopkinton, 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- 1 In addition to the general provision made in Article IV of the conser- vation law for the control of certain park reservations by the commission (see III, 18), 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 0 {Session Laws of 1917.) 35 gunk, Wawarsing and Woodstock, Ulster county; the towns of Bolton, Caldwell, Chester, Hague, Horicon, Johns- burgh, Luzerne, Queensbury, Stony Creek, Thurman and Warrensburgh, Warren county; the towns of Dresden, Fort Ann and Putnam, Washington county. [C. L., sec. 62, preamble, subsecs. 2-10; * * *; L. 1916, ch. 451, sec. 1.] ADDITIONAL TAXATION ACT (CH. 249, L. 1912). Section 1. Article one of chapter sixty-two of the laws of nineteen hundred and nine, entitled ‘‘An act in relation to taxation, consfituting chapter sixty of the consolidated laws,” is hereby amended by adding at the end a new section to he section sixteen, and to read as follows: $16. Exemption and reduction in assessment of lands planted with trees for forestry purposes._—Whenever the owner of lands, to the extent of one or more acres and not exceeding one hundred acres, shall plant the same for forestry purposes with trees to the num! er of not less than eight hundred to the acre, and whenever the owner of existing forest or biush lands to the extent of one or more acres and not exceeding one hundred acres, shall under- plant the same with trees, to the number 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 period of thirty-five years from the date of the levying of taxes thereon immed- iately following such planting, and such existing forest or brush lands so underplanted shall be assessed at the rate of fifty ver centum of the assessable 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 proof of such planting or underplanting and setting 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 number 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 be made by a com- petent forester or other employee of said commission who shall make and file with said commission a written 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 above provided, in good faith and by 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 under 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 36 STATE FORESTRY PART A—Continued.) area and owner or owners thereof, the 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 treasurer 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 (o 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 assessment. Lands which have been 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 by 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 corporate 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 ofland. Ifany 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 LAWS-——-NEW YORK. , 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. Whenever the owner shall propose to make any cutting of such timber growth for a purpose other than for thinning as above provided, he shall give thirty days’ notice to the assessors of the tax district on which the land is located, who shall forthwith assess the stumpage 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 timber 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 court of competent jurisdiction. EXCERPTS FROM THE PENAL LAW.! Norr.—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 Conserya- tion Law upon the same subjects doubtless materially modify, if they do not nullify, the operation of these provisions, as far as they concern 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 necessary 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, under circumstances not amounting to arson in any of its degrees: 1. Wilfully burns or sets fire to any graim, 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 fire to, or assist[s] 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 imprisonment 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 fire 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, 1 The penal law is contained in L. 1909, ch, 88, and its equivalent, ch. 40 of the consolidated laws. STATE FORESTRY LAWS—NEW 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, Ts 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 basis of merit and effi- ciency in three grades to be known as the first, second and | Such forest rangers shall receive monthly | third grades. 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 until 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 exceed 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. [C. L., SUDSeGrs dil ee aa es L. 1918, ch. 421, sec. 1.] sec. 51, 1 See II, 10; also, p. 1, footnote 2, 38 STATE FORESTRY LAWS—NEW YORK. TABLE OF ACTS. LEGISLATION AS AMENDED THROUGH REG. SESS., 1918. Legislative references. Equivalent references in this eaflet. CONSERVATION LAW. (L. 1911, ch. 647, constituting Con- Art. solidated Laws, ch. 65.) I, sec. | .--------------+----- MUISECE, Ph sees pee oee mes sees DUM ce Aeoreen ocemaeoer DR resem wa marten IV, sec. 50, preamble...-------- subsec. 1.......---- Bhi .| TI, 51. ol oy | .| I, a1. .| I, 2591, 23092. -| T1 48. Legislative references. Equivalent references in this eafle I, 1, footnote 2. I, 21z, 391, 8, 392, 7, 4, 12, 29 2e. I, 991z, 5z, 992, 6. I, liz. I, 393. I, 20922. I, 10. II, 49; 111, 27. I, 241, footnote 3z. T, 29. I, 2095. II, 5091. II, 5241. II, 5292. II, 30. TI, 53). | II (see p. 17, general cross- references). I, 2191. II, 18. | I, 2192. I, 2491, 2. I, 28. | III, 4. Ill, 6. I, 2493. IL, 26, preamble. 10, 2641. TL, 2692. III, 2693. II, 53a4}1. III, 19. I, 230. TIT, 20. Ii ,3 II, 491. TI, 5{{1. II, 5972. CONSERVATION LAW—continued. Art. IV, see. 50, subsec. 22 -| 11, 3792. 23 -| IL, 4592. 24 .| II, 4092. 25.. a rae 26... .| II, 3192. ie 3) ez 28.. -| III, 21. 29. .| I, 30. 30. -| I, 26. Biles emsccony I, 2393. Sapeenee esas A (see p. 35, footnote 1). 51, preamble......-.... Tyne: SUDSOGi deans enemas I, 1691 Dish Manan I, 17. Eee III, 22, 23 AN ec eetn aed I, 18a Deeaeesecese I, 180 Bhope tent con pe at Nee ae 11, 17, 16. Chas a haare TIT, 24, 25. Gute et el IT, 18, 20, 19. (Obs seecsses I, 8, 9a. TI eee en A (see p. 37). Dena ena II, 1241, 13, 1292. 1352 aso I, 15a, 14a. 4 aes ean’ TI, 9b. 15 Acesen es I, 13, 15,14. 11, 11. UGScerbaosec I, 1692. II, 53a92. 52, preamble........... II, 191. Subse@rplc cena tacos Il, 192 Dee ccsceee II, 2. Bisesonososs II, 21b, 22b, 23). 53, preamble........-.- II, 2991 Subset: tee eae ane II, 2992 Meee secre II, 2691 Sbeoscdapasd II, 27. pr --.--| II, 2693. Dasponse nee II, 62. Bose aces II, 2892 Ue SeeeeO se II, 2692 54, preamble........-.. II, 3341 SUDSG; Lee ee anne II, 3392. 2 oSeeatoos II, 4591. Oeeteece ates II, 32c, fJ1, a, {92,.d, 5, e g. fae Sac Il, 34. Onsen ---| I, 3191 LReccceenoe- II, 44 Meee date II, 46 Soo eee eee Il, 47. 55, preamble........--. II, 3641. SUDSOC. 1 oo = Secewe II, 4091. OLS eae eas] 10,89. Saaweaacoae II, 3692 pace aaeenae TI, 42. mm z Indicates the omission of atter irrelevant to forestry, STATE FORESTRY LAWS—NEW YORK. TABLE OF ACTS—Continued. Legislative references. Equivalent references in this leaflet. LEGISLATION AS AMENDED THROUGH REG. SESS., 1918—Continued. ij Legislative references. CONSERVATION LAW—Continued. Art. IV, sec. 55, subsec. 5 56, preamble.....-.---- subsec. 1 59, preamble... - subsec. 1 (@).....-- (a)... 61, preamble........... subsec. 1 62, preamble........... subsee. 1 II, 3741. II, 3841. II, 43. II, 59, preamble. II, 59a]1. II, 59), 61. II, 59¢. II, 59092. II, 60a. 1, 60b. IV, la, 241, 3091, 2a92, 3092, 4a9]1, 2094, 4092, 5291, 5093, 5a92, 6a9]2. I (see p. &, footnote 3). Tats Thi, 5a41, Il, 52922. III, 10a. III, 10691. III, 10042. TI, 10c. III, 1141. 11, 1291. ..| TIT, 1292. .| II, 8b. Il, 8a. I1I, 9, preamble. IL, 9a. IL, 9b. IU, 9d41. III, 1192. TI, 1193. III, 1293, 1245. TI, 1194. II, 9492. TU, 1294. II, 9e. III, 28b. TIT, 30b, 31b, 296. II, 32692. III, 32691. III, 335. III, 2, preamble. Ill, 2041. IIT, 2691. Ili, 2a9 4. Ill, 2095. III, 2a%6. Til, 2d. Til, 2092. IIT, 2e. A (see p. 33). TIT, 3a. | 2. | III, 3cj1. A (see p. 34). III, 3c]2, 1. 5a%4, 2a93, 5095, 8a, 6a%|1, 7a, | T11,3041. A (see pp. 33-34): IIT, 3b CONSERVATION LAW—continued. Art. IV, sec. 62, subsec. 4- | (Rf ene ae 63, preamble subsec. 1 i} | Arto VII, sec. 456-0... --...2 2.2052... VIIA, Sec. 446 | TOWN LAW. (L. 1909, ch. 63, constituting Con- solidated Laws, ch. 62.) SOC. -98, SUDSECHS.snciecam «as aeq~ == | TAX LAW. | CL. 1909, ch. 62, constituting Con- solidated Laws, ch. 60.) GENERAL MUNICIPAL LAW. (1. 1909, ch. 29, constituting Consoli- dated Laws, ch. 24.) BOND ISSUE ACTS. De O1GN Che DOU SCC: focp anna. nec aes L. 1917, ch. 146, sec. 1 iy vo z Indicate, the omission of matter irrelevant to forestry. Equivalent references in this leaflet. -| A (see pp. 34-35). A (see p. A (see p. A (see p. A (see p. A (see p. A (see p. | 11, 3892. 35). 35). 35). 35). 35). 35). | 11, 35. H, 5492, 5741. | £1, 5891, 12, 93, 94a, 15, 16, 97, | 48, Ab. I, 492. HI, 56. III, 2a43. If, 5792. II1, 1 (see note). III, 1 (see note). Il, 2la41, 22a, 23a, 2491, 42, 21a]2, 25, 2891. III (see p. 25, column 1, foot- note 12). A (see pp. 35,36). IV, 1b, 2b, 3b, 4b, 5b%]1, 8b, 5b92, 7b, 9, 10, 11. | 111, 157, 16a. | IIT, 160. III, 7 (see note). III, 7 (see note). | III, 7 (see note). IL, 7 (see note). III, 7 (see note). IL, 28a, 32a91, 29, 30a, 33a, 32a92, 34a, 31a. | IL,45,footnote2, 144]2, footnote 4. | TI, 14972. | 11T, 4b, 5d. IIT, 13, and footnote 2. III, 4b, footnote 1. | IT, 1491. 40 STATE FORESTRY LAWS—-NEW YORK. : \ TABLE OF ACTS—Continued. LEGISLATION AS AMENDED THROUGH REG. SESS., 1918—Continued. || 5 Legislative references. BO alan ce erences inthis | Legislative references. ea ee a in this —— = a HIGHWAY LAW. PENAL LAW. (L. 1909, ch, 30, constituting Consoli- | (L. 1909, ch. 88, constituting Consoli- dated Laws, ch. 25.) dated Laws, ch. 40.) BeCs00 se cee === See eee IL, 17a4{1. SOCr42 een anted= eateries A (see p. 36). Qyioak Sevewc we scbeee bs asnen nase seen III, 17a9]2e. L900 Sst se cp sss se oeeee ces se epee A (see p. 36). 97-8... - 22-22 eee eee eee eee ee TIT, 17. \| STATE CHARITIES LAW. | URSIN IEE) SS Le | (L. 1909, ch. 57, constituting Consoli- (L. 1909, ch. 50, econstititing Consolh- | | dated Laws, ch. 55.) dated Laws, ch. 46.) | Sees95.tsubsec. iil) -secseseecee eee I, 2592. Bec Sse ten eerie lc esesee er sce ctiees | IIT, 2692, cz. eaten — | ——— = z Indicates the omission of matter irrelevant to forestry. STATE FORESTRY LAWS LEAFLETS ALREADY PUBLISHED.! 1. Wisconsin. 7. Virginia. 13. Indiana. 19. Massachusetts. 2. Louisiana. 8. Idaho. 14. Minnesota. 20. New Hampshire. 3. North Carolina. 9. Oregon. re 15. Montana. 21. Colorado. 4. Maryland. 10. Wyoming. 16. Tilinois. 22. West Virginia. 5. Missouri. 11. New Jersey.* 17. Ohio. 6. Texas. 12. Washington. 18. Connecticut. 1 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. * Indicates that the supply is exhausted. O ee eS — Forestry Laws Leaflet No, 24. Date of issue, September 14, 1920. United States Department of Agriculture y FOREST SERVICE WILLIAM B. GREELEY, Forester STATE FORESTRY LAWS INTRODUCED BY CLASSIFIED SYNOPSES VERMONT (SERIAL 1_THROUGH REG. SESS., 1919.) Compiled by Jeannie S. Peyton, under the direction of Louis S. Murphy, Forest Examiner, Eastern Division, Branch of Forest Management CONTENTS. Page. Page. Preset ecnnirtlationtsest © ee ee hee igh Ne AZ! 1 | Synopsis of laws—Continued. Synopsis of laws 24 Fire organization and activities—Continued. General forestry organization and activities 2 Compulsory brush and s'ash disposa!........-.....-..-- 6 Commissioner of agriculture. . 2 | Fire provisions for miscellaneous c!asses of ha 6 State forester........- 2 Mire-warningnoticds: .2iGsso 28. 2 ee ee 6 Chief forester. . . BL 2 PAID CHOP GStSs open ae ee eee 2 acum she Selceee Asan one 6 expert on otherassistants: . 5 <<< <- 05 2% sje wee == a 3 Local forest firewardens___-___--____-- 8 Other officers and employees 4 Special and ex officio forest firewardens_ 9 Foresters and forest rangers_________~_ 4 Fire, game, and fish wardens______-_-~ 9 Morest -wanrdens==—- = 25-22 oo Saal eS 4 Members of the State police force (act Specialists to combat destructive agencies a8filrewardens)=.===~=5- -3——-=-s255 9 other thant fires'=——s=" 2 4 Watchmen and patrolmen__-_----__--_ 9 (Game ‘and! fish officers=—— = —-2225" 2b =a 4 Hire-fighting, laborers———=..2.——-.-=-2-—-2— 9 Department of State police________________ 4 Constables and other peace officers-__--__-- 9 Reciprocal enforcement of the forestry, game, Detective and legal services_____-__-------- 9 and fish laws of the State_______+-_____ 4 Department of State police-_________--~--- 10 Morest districty= =~ == ==-_= = 4 Gamevandfish toficersS——- eee 10 State forest nurseries — = 4 Public service commission__~~________---_- 10 Cooperation==—----— == = Se 5 Attorneys veneral io. = 2S 2 ee es 10 Investigation and education______________.. 5 Clerical assistants ______-~ Sonos = 10 Prblications 2a e es al eas aS 5 Cooperation. <== 2542 £32 oes 10 1The 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. 18, Connecticut; No. 19, Massachusetts ; No. 20, New Hampshire; No. 21, Colorado; No. °22, West Virginia; No. 23, New York; No. 24, Vermont; No. 25, California. Requests for leaflets should always identify 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. 2 STATE FORESTRY LAWS—-PENNSYLVANIA. Synopsis of laws—Continued. Page. , Synopsis of laws—Continued. Page. Vire organization and activities—Continued. Public forests—Continued. Reciprocal enforcement of the forestry, game State forests—Continued. PGI D RES oe 2 ee ee 10 Local officers and employees_____-_-~-- 18 Distribution of costs of fire protection--___~ 10 Department of State police 18 Investigation and education relative forest Auxiliary State forests. (Auxiliary forest fires’. .22 Se SS 10 reserves)! i522 ee eee 18 Publications 11 Putpose:teee 2 eee 18 Compulsory responsibility imposed for pro- Status-.-= == 3 Les ee 18 tection of forest lands=—.-_ = 2 eee 11 Public control imposed by the State__-_ 18 Public dmisenecse eee iat Concessions granted by the State______ 18 Brush and slash disposal__-__.----__- 11 Municipal, forests - =~. s.2 220 2e eee 18 Kindling fires in the open___________-_ 11 Purpose 2-2 oo 32. ee 18 Rallrodds 2a 22 Sa = ae a eee ee ence 12 Acquirement of Jands=222-—- = ees 18. Traction and other portable steam en Administration. = = === = eee 19 gines-.o252 224. ee 13 Disposition of proceeds--__________--- 19 Landowners’ responsibilities ___._____~ 13 Aljfenation: ‘of: lands=22--- >">" eee 19 Public forests... 22) 2 52s Seas ee eee 14 Officers’ general powers and duties_____ 19 Statefforesta: = 32 ee ee eee eee 14 Waxatlon <2 22. —ses5— ne eae eee 19 Purpose sae Ge Se Sn a a ee oe 14 Auxiliary forest reserves_____-___--_ 19 Acquirement of lands and of surface IPULPOSC 2) See ee 19 Tigh tee oe ee eee en 14 Classification of lands 19 Status of lands and of surface rights___ 15 Removal from classification 20 Disposal of lands a= =! See ee 15 Annual, or general property, tax___---_ 20 Fixed annual charge on State forests, in Yield: ‘taxi: o-—- is) 532 S| eee 20 Meu’ of: :taxes<. 2s eee ee 15 Reforestation of the lands by the owner_ 21 Receipts and proceeds___-_--_________ 15 Public control imposed by the State____ 21 Hires steele Sees ae, NS 15 Concessions granted by the State______ 21 Timber trespass and other damage_ 16 Commission’s general powers and duties_ 21 Fire and other warning notices________ 16 | Text of laws——-—-—----==--—=- at terial 21 Violation of rules and regulations______ 16 Group of acts constituting firewarden system Administrative officers’ general powers prior to 1915--_---------_---------__-__-~- 39 and: dutiess3!2—— 3 oe wee eae 16 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 order 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 fungus-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 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 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- Are appointed by the Governor with the advice sion (formerly, State Forestry Reservation Com- and consent of the senate, for terms of four years mission), with their Bureau and Office organization. each: No. 11 (a). Consist of the Commissioner of Forestry and four : ae Seapine ine aR one ae x 58 . anes inally enacte act 9, sec. 1), other citizens, the Commissioner eget ie President terms which are being Reece by the present and executive officer of the Commission (Nos. 11 (a) ; members expire in pairs, separated by an 18); and all of said members: interval of two years. STATE FORESTRY LAWS—-PENNSYLVANIA, 3 Are allowed travelling and other necessary ex- penses; and the Commissioner receives, in addi- tion, a salary of $8,000, and is provided with oflice and supplies at the State Capitol. Nos. 14; 15. Comprise the following Bureaus and Offices: Bureau of Operation, Bureau of Silviculture, Bureau of Lands, Bureau of Forest Protection, Office of Research, Office of Information, and Office of Maintenance; and assign to such Bureaus and Offices the powers and duties of the Department; subject, however, to the complete supervisory control and direction of the Commission and Commissioner. No, 11 (¢). Appoint and assign to selected lines of work Forest Officers specially qualified therefor, to act as Chiefs and Assistant Chiefs of said Bureaus and Offices, whenever and to the extent that the Commission may deem such Assistant Chiefs necessary, and also as District Foresters, Foresters, and Forest Rangers; and employ and assign to duty other necessary per- sonnel; and fix their compensation, Nos. 11 (e), (d); 13; 120. Enforce forest laws, and adopt and execute rules and regulations thereunder. Nos. 11 (d), (e), (g); 18. Divide the State into such Forest Districts as the Commission may deem necessary for general adminis- trative purposes (see “Forest Districts,” on p. 4); 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; 80; 81; 11 (d). Approve selections of lands for National Foresis. 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); 18. 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 lines 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; p. 14; “ Taxation,” p. 19. “Public Forests,” 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. 11 (a), (f). Receives a salary of $8,000 per annum, and traveling expenses. No. 14. is required to give bond. No. 19. Has office and supplies furnished him at the State capitol. No. 15. Is President and Executive Officer of the Commission. No. 18. For the powers and duties of which, see “ De- partment of Forestry and State Forest Commission,” above. Deputy Commissioner of Forestry. Is appointed by the Governor; and is required to be a technically trained forester. Nos. 22 (a); 11(f). No. 14. Notre.—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. Receives a salary of $6,000 per annum. Is required, under penalty, to safeguard, in a reason- able way, the State’s forestry, game, and fish inter- ests. No. 82. Chiefs and Assistant Chiefs of Bureaus and Offices. Are forest officers, appointed by the Conrmission, and assigned thereby to act as such chiefs and assistant chiefs, and who are required to be specially qualified to perform the duties thereof—the Chiefs and Assist- ant Chiefs of the Bureau of Operation, Forest Protec- tion, and Silviculture, and the Chief and Assistant Chief of the Office of Research being also required tc be technically 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. Are technically trained foresters, appointed by the Commission, and assigned thereby to take active charge of Forest Districts, for which work they must be especially qualified; and are subject to the author- ity and control of the Commissioner. Nos. 11(d), (e), (f); 85. 4 STATE FORESTRY LAWS-——PENNSYLVANIA, Receive a salary fixed by the Commission, No. 11(e) ; und necessary expenses. No. 92. Perform such duties as are required to effect the pur- poses for which the Forest Districts are established. See Forest Districts, on p. 4. 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 be 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, upon 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. 1388. Specialists to Combat Destructive Agencies Other than 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 appropriation. No. 120. For other miscellaneous personnel, see, under “ Administrative Officers’ General Powers and Duties,” on p. 16, the powers of such officers to employ and assign to duty necessary assistants, and labor. May enter upon lands in the discharge of their duties. No. 108. Are required, under penalty, to safeguard, in a reasonable way, the State’s forestry, game, and fish interests. 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 required, under penalty, to make reports to their respective departments upon all cases coming to their knowl- edge of violation of any of the 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 prosecution of the offend- ers, under the direction of such department. No. §2. 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. Are established by the Commission in order to facili- tate its work for the following purposes: To administer, protect, develop, State Forest lands and resources, and utilize the 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 upon the conduct of the Depart- ment. No. 11(d) ; To obtain and publish information respecting forest lands and forestry in the State. No. 11(d); To assist in Arbor Day work; and promote and advance any other activity *f local forestry which the Department may deem helpful to the public interests. No. 11(d) ; To execute its rules and regulations for the protee- 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 of 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; 80; 81. a STATE Cooperation. By the State with the Federal Government is author- ized, under approval of the State Forest Commission and the Water Supply Commission, for the purpose of enabling the United States to acquire title to lands for National Forests and to provide for the manage- 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 respect to the execution of civil and criminal processes. No. 48. | State Forest lands are not subject to condemna- | tion for such purposes. No. 51. By the Department with the Board of Game Commis- sioners, and the Department of Fisheries is required, FORESTRY LAWS—PENNSYLVANIA. 5 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) ; 13; 87 (e), (f), (g); 91 (b). Publications. Are issued by the Commissioner in the form: Of reports upon the progress and general manage- nent of the work of the Department. Nos. 11 (ad); 87 (e), (£), (gs). 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- visabie. Nos. 18; 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(ce). Tix 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 the employ of the Department to be Chief of the Bureau of Forest Protection, who, by virtue of his appointment, becomes also Chief Forest Firewarden. No. S86. Assigns duties to district firewardens whenever neces- sary. No. 91(i) Hears and disposes of charges against firewardens. No. 107. Assigns clerical assistuits to the Bureau. No, 89. Cooperates in fire protection work : Under 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. Under Direct Authority Given Him— With persons, firms, corporations, and associa- 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), (e). Files information concerning violation of forest fire laws, with Attorney General, for legal action. No. 87 (p). Approves 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). Audits and approves monthly expense accounts for forest fire protection work under cooperative agree- ments authorized 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 Forest Firewarden, under authority of act 353, L. 1915. No. 87 (1). Authorizes the educational work conducted by the Chief Forest Firewarden concerning forest fires. No. 87 (k). Directs 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 may be deemed advisable, either as a part of said report or as a separate bulletin. No. 87 (f), (g). Nore.—Under the fire protection system (Nos. 152-180) which preceded the present system, the Commissioner acted as Chief Firewarden. (Ser. footnote 29, on p. 39.) - 6 STATE FORESTRY LAWS—-PENNSYLVANIA. Deputy Commissioner of Forestry. Note.—As regards the present duties, in general, of the Deputy Commissioner, which include the matter of forest fires, see note on p. 38, under the heading “ Deputy Commissioner of Forestry.” 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 Firewardens,” on p. 9; and “Foresters and Forest Rangers,” on p. 4. 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 Commissioner. Nos. 85; 86; 11 (e), (GE) Ce). 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 appointment, 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 29, on p. 89, 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. 108; 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 Virewardens; and, in doing so, reorganizes the former system (sce 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 (ce); 98; 94); and appoints them to serve as Watchmen or Patrolmen, whenever conditions require such services. Nos. 87(i); 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, 128; 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), (0). See also No. 116. Preseribes, 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. Employs, or impresses, assistance in extinguishing forest fires (No. 101); and fixes rate of compensa- tion for such services, under approval of the Com- missioner. No. 106. Audits bills for forest fire protection work under act 358, L. 1915; transmits to the Commissioner such as are correct and have been presented within the 60- days time limit; and, upon receipt of checks there- for, forwards same to the payees. Nos. 87 (1), (m). STATE Administers oaths or affirmations to persons who fur- nish information concerning forest fires, or who claim compensation for services rendered. No. 102. Arrests, without warrant, persons detected in the 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- trate, for hearing, trial, or other process of law. No. 1lo4. Submits to the Commissioner, for legal action, in- formation concerning violation of forest fire laws. No. 87 (p). Conducts educational work concerning forest fires under approval of the Commissioner. No. 87 (k). Compiles forest fire 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 us separate bulletins of the Department. No. 87 (f), (g). Makes annual report to the Commissioner; which, with a list of the Firewardens is published by the Department. No. 87 (e). Is required, under penalty, to safeguard in a reason- able way, the State’s forestry, game, 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. 118) ; the fines being paid into the county treasury. No. 119. Subordinate Forest Firewardens. District Firewardens— Are District Foresters, who, in 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. 85; 11 (ce). Receive compensation in their capacity as District Foresters. Concerning the matter of such salaries ani expenses, see “ District Foresters,” on p. 8. Establish headquarters within their districts, 91 (a). No. FORESTRY LAWS—PENNSYLVANIA. 7 Act as field representatives of the Chief Forest Fire- warden, and are under his direction. No. 91 (a). Recommend: Appointment of Local Firewardens; location of fire-towers; employment of patrolmen; re- gions to be patrolled; and other details in the protec- tion system. No. 91 (c). Inspect the work of, and assist, Local Firewardens (No. 91g); and assign duties to them when they are designated Patrolmen or Watchmen. No. 96 (f). Arrange annual meetings of the Firewardens within their respective districts, for instruction. No. 91 (d). Employ or impress assistance 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 them being prohibited under a penalty of fine or imprisonment, or both. No. 115. Report to the Chief Forest Firewarden conditions ex- isting in their respective districts conducive to forest fire hazards; and serve notices, issued by the Chief Forest Firewarden, for the correction of such condi- tions. No. 91 (e) Develop cooperation between local agencies and the Department for the prevention and suppression of forest fires. No. 91 (h). See also Nos. 123; 87 (j). 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). Conduct educational work. No. 91 (h). Are responsible for the collection of forest fire data. No. 91 (b). Are 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 either the Commissioner or the Chief Forest Fire- warden. No. 91 (i). 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. Notr.—The firewarden system which preceded the present system also made provision for the appointment of District Firewardens and as- signed them 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 the part of the Chief 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 office. 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 50 cents per hour for time actually employed, and expenses; the total amount that may be paid, from the forest protection appropriation to a Local Forest Firewarden, in any one month, being limited to a sum not to exeeed $75, unless he shall have been regularly employed as a patrolman or otherwise. No. 97. Take prompt measures to extinguish forest fires on both State and private lands. No. 96 (a). Employ or impress, needed assistance 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 them being prohibited under a penalty of fine or imprisonment, 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 (¢). Administer oaths or affirmations to persons who fur- nish information concerning forest fires or who claim compensation for services rendered. No. 102. File fire-fighting expense accounts with the District Firewardens, for forwarding to the Chief Forest Fire- warden; and transmit, to payees, checks received from the State treasury. No. 96 (b), (d). Sce also No. 108, prohibiting payment of compensation, under Act 358, L. 1915, for fire-fighting services, to any owner or lessee of land on which fire may burn or be started, or to any employee thereof, or other inter- ested party; or payment by a Firewarden for such services, to any person responsible for the spreading of a fire to a woodlot, forest, or wild land, or to any one in his employ. Serve as Watchmen and Patrolmen when so appointed by the Chief Forest Firewarden (No. 87i); and as such perform whatever duties may be assigned them by either the Chief Forest Firewarden or the District Firewardens. No. 96 (£). 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. Arrest, 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 similar 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 (e). Are required, under penalty, to safeguard in a reason- able way, the State’s forestry, game, and fish interests. No. 82. Are 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 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, Notre.—The firewarden system which preceded the present system also made provision for the STATE FORESTRY LAWS—PENNSYLVANIA. 9 appointment of a class of Firewardens corre- sponding in grade to these Local Firewardens, under the title of Assistant Firewardens, and provided for their powers and duties (see Nos. 162, 166, ct seq.) It also provided for the em- ployment of substitutes when necessary (see No. 172). See also Footnote 29, on p. 39. Special and Bx Oficio Forest Firewardens— May be appointed by the Chief Forest Firewarden, to serve without compensation other than their expenses (Nos. 98; 100) ; and Foresters and Forest Rangers are also Forest Firewardens, ex officio. No. 99. Have the same power and authority as Local Forest Firewardens (see above, “Local Forest Fire- wardens,’); their duties being subject to change or extension by the Chief Forest Firewarden, No. 98. Are 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, and assigned them duties (see No. 164; and also footnote 29, on p. 89). Nore 2.—In addition to performing the fire- warden duties, above shown, such of the Ex Officio Firewardens as are in the pay of the State are required, under penalty, to safeguard, in a reason- able way, the State’s forestry, game, and fish in- terests. No. 82. Fire, Game, and Fish Wardens.— Nore.—The firewarden system which preceded the present system constituted Constables Ex Officio Fire, Game, and Fish Wardens, and as- signed them duties. See Nos. 1538-156; and also footnote 29, on p. 389. Members of the State Police Force— Are authorized and empowered to act as Firewardens. No. 1388. Watchmen and Patrolmen— Are selected from the force of Local Firewardens, and appointed, by the Chief Forest Firewarden, during dry seasons and in regions subject to great fire risks, pref- erence in selection being given to Firewardens who have proved efficient (No. 87 i) ; and recommendations for the employment of Patrolmen are also made by District Firewardens. No. 91 (c). Perform such duties as may be assigned them by either the Chief Forest Firewarden, or the District Fire- 50797—21——2 warden. No. 96 (f). See also, under the heading, “Local Firewardens,” on p. 8, the powers and duties of Local Pirewardens, and penalty for failure to prop- erly discharge such duties. Note.—The firewarden system which preceded the present system also made provision for patrol work during the fire seasons, by Firewardens designated for that duty (see Nos. 176; 177; and also Footnote 29, on p. 39). Fire-Fighting Laborers. Are employed, or impressed when necessary, by Fire- wardens (No. 101) ; subject, in case of failure, without just cause, to comply with such summons, to a penalty of a fine not exceeding $100, or imprisonment not ex- ceeding one month, or both such fine and imprison- ment; the fines being paid into the county treasury. Nos. 114; 119. Receive compensation at a rate per hour not to ex- ceed 40 cents; which rate is fixed for each fire district by the Chief Forest Firewarden, with the approval of the Commissioner, and is based upon wage rates for day labor within the respective dis- tricts. No. 106. May be required by Firewardens to make oath to their statements when claiming compensation. No. 102. See also No. 108, prohibiting payment of compensa- tion, under the fire protection act (No. 353, L. 1915), for fire-fighting services, to any owner or lessee of land on which fire may burn or be started, or to any em- ployee thereof, or other party having a vested interest in the land; or payment, by a Pirewarden, for such services, to any person responsible for the spreading of a fire to @ woodlot, forest, or wild land, or to any one in his employ. (See also Nos. 165; 173.) Norre.—The firewarden system which preceded the present system made provision for Fireward- ens employing, or impressing assistance in fire- fighting, and also for compensating parties, who in the absence of a Firewarden, combatted forest fires without being previously employed for the purpose (see Nos. 163; 173; 179; and also foot- note 29, on p. 39). Constables and Other Peace Officers. Arrest, without warrant, violators of any of the laws for the protection of forest or timber lands. No. 9. Constables exercise the same authority when oper- ating as Fire, Game, and Fish Wardens. Nos, 153-156. Detective and Legal Services. Note.—The firewarden system which preceded the present system required County Commission- ers to appoint persons to detect and bring to pun- ishment violators of forest fire laws; and to take 10 measures to extinguish fires (No. 152); and in event of their failure to do so or their appoint- ment of inefficient persons, empowered the Com- missioner of Forestry, upon request of residents or landowners, to appoint detectives and employ attorneys for the work (see Nos, 157; 158; and also footnote 29, on p. 39). For similar authority to employ such services under the present firewarden system, see No. 13, and the corresponding synopsis statement on p. 17, under the heading, “ Administrative Officers’ General Powers and Duties.” Department of State Police. Is required to aid in the enforcement of all forestry laws, and the members of the force are authorized and empowered to act as Firewardens (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). Game and Fish Officers. Are required, under penalty, to safeguard, in a reason- able way, the forestry interests of the State. No. 82. Public Service Commission. Approves regulations prescribed by the Chief Forest Firewarden to prevent fires being caused by railroads. No. 109. Attorney General. Is required to take whatever measures are needed to insure proper disposition of cases in which Fireward- ens have made arrests and filed complaints involving charges of violations, actual or proposed, of laws for the protection of forests, woodlands, or wild lands. No. 104. Clerical Assistants. Are assigned to the Bureau by the Commissioner, as follows: (a) A forester to serve as clerk to the Chief Forest Firewarden; and (0) other assistants, from time to time, to serve as needed. No. 89. Are subject to the control of the Commissioner. No. 85. Are required, under penalty, to safeguard, in a reason- able way, the State’s forestry, game, and fish inter- ests. No. 82. Cooperation. Is authorized : With county, township, municipal and private agencies, owning or controlling woodlots, forests, or wild lands, or whose activities, in whole or in part, are directed towards fire protection work; subject to the following requirements: (@) Co- operation to be upon a basis of mutual expendi- tures; (b) advance monthly statements of all ex- STATE FORESTRY LAWS——PENNSYLVANIA. penditures to be submitted to the Department by the parties collaborating, and followed, annually, by reports containing complete itemized state- ments, duly attested. Nos. 123; 124; 87 (j). 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. Reciprocal Enforcement of Forestry, Game, and Fish Laws. Powers of the forestry, game, and fish officials, in each of the several departments, are extended to cover the enforcement of laws concerning the other depart- ments; and every person connected therewith and un- der pay of the State, is required, under penalty, to safeguard, in a reasonable way, the forestry, game, and fish interests of the State. 82. Distribution of Costs of Fire Protection. State pays— One-half of the cests under cooperative agreements with county, township, municipal, and private agen- cies; the expense being defrayed from the general forest fire appropriation, upon approval by the Com- missioner (Nos. 123; 87j), and, in cases involving expenses incurred under authority granted in act 3538, L. 1915 (No. 87j), the Auditor General is also required to satisfy himself as to the correctness of the bills. No. 112. In full, all other duly approved costs of fire protec- tion work; the expense being defrayed from the gen- eral forest protection appropriation. Nos. 110-112; 92. Counties, Tounships, Municipal and Private Agencies pay— One-half of the costs under cooperative agreements with the Department. Nos. 128; 124. Notre.—The firewarden system which preceded the present system also made provision for the distribution of costs of fire protection (see Nos. 152-180; and also footnote 29, on p. 39). That earlier system has, however, been made subject to reorganization, in order to conform it to the present system. Investigation and Education in Relation to Forest Fires. Are promoted: By the collection and publication of forest fire data. Nos. 11 (d); 13; 87 (e), (£), (g); 91 (bd). By educational work conducted, under approval of the Commissioner, by the Chief Forest Fire- warden (No. 87k), and by the District Fire- wardens. No. 91 (h). STATE FORESTRY LAWS—-PENNSYLVANIA. Publications. Are issued by the Commission in the form: Of reports upon the progress and general manage- ment of the forest fire activities of the Depart- ment. Nos. 11 (d); 87 (e), (f£), (g). Of individual publications containing data con- cerning forest fires. Nos. 11 (d) ; 18; 87 (f), (g); 91 (b). COMPULSORY RESPONSIBILITY IMPOSED FOR PROTEC- TION OF FOREST LANDS. Public Nuisance. Any property which, by reason of its condition or operation, is a special forest fire hazard, and, as such, endangers other property or human life, may be de- elared a public nuisance, by the Chief Forest Fire- warden; who is required to notify the owner of the property, or the person responsible for the condition declared a nuisance, and advise him as to the abate- ment or removal thereof; such notice, in the case of railroads, being required to be served upon the super- intendent of the division in which the nuisance exists. No. 87 (n), (0). Refusal to comply with such an order of abatement from the Chief Forest Firewarden constitutes a mis- demeanor, and subjects the offender (person or corpo- ration) to a fine of not more than $100, or to im- prisonment for not more than one month, or to both (the fines being paid into the county treasury) ; and in all such cases, the neglect or refusal of any officer, agent, or other person acting for or employed by a corporation, and having supervision of the property complained about, is deemed the neglect or refusal of the eorporation itself. No. 116; 119. Every day’s continuance of non-abatement, after re- ceipt of abatement order, constitutes a separate and distinct offense, except as to any period of time during which a preliminary injunction, or interlocutory order of supersedeas, may be in force. No. 116. Brush and Slash Disposal. On Oil- or Gas-Producing Forest Lands— Is required as follows: a. Owners, lessees, or others in charge of forest lands on which there are producing oil-wells, or gas-wells, or rigs for drilling such wells, or own- ers of trees growing on said lands, are required to clear of inflammable material, at least once a year, land within one hundred feet of such wells, or rigs, or railroad rights of way thereon, in order that, during the close season, namely, from April 1 to May 20, and from Sept. 10 to Nov. 10 (see No. 29), the said areas may be clear of such ma- 11 terial; and, in case any person, partnership, or corporation shall neglect to perform the duty so imposed, the same shall be liable to the county in a penalty of $50, recoverable in an action of assumpsit. No. 30. (b). Railroads are required to cut and remove, at least once a year, from such parts of their rights of way as pass through such lands, all grass, brush, and other inflammable materials; and, in case of failure to do so, are answerable to the owner, or owners of any property which may, in consequence, be injured or destroyed by fire; and are also further liable, to the county, in a penalty of $100, recoverable in an action of as- sumpsit. No. 31. Is regulated on such lands, whenever it is effected by burning, as shown below, under the heading, “ Kin- dling Fires in the Open.” (‘ On Oil- or Gas-Producing Lands.” ) On All Lands— Notr.—There is no legislative provision which of itself specifically requires or regulates the dis- posal of brush and slash on non-oil or non-gas producing lands. ‘There should, however, be borne in mind the wide authority conferred, by the provisions in No. 87 (n), (0), upon the Chief Forest Firewarden to deal with such a situation ; under which he has power, presumably, to declare any brush or slash a public nuisance, which by reason of its condition is likely to start fires, and, consequently, constitutes a special fire hazard. For action in such cases, see, above, under the heading, “ Public Nuisance.” Further provision for requiring the disposal of brush and slash is also found in the requirement that railroads shall, under penalty, put into effect such reasonable regulations for the pre- vention of forest fires as may be deemed neces- sary by the Chief Forest Firewarden, and ap- proved by the Public Service Commission. Nos. 109; 118. Kindling Fires in the Open. On Oil- or Gas-Producing Forest Lands— Is regulated as follows: a. During the close season, namely, from the first day of April to the twentieth day of May, and from the tenth day of September to the tenth day of November, the burning of fallows, stumps, logs, brush, dry grass, fallen timber, or tree tops, on lands on which there are producing oil-wells, or gas-wells, or rigs erected for drilling such wells, is prohibited, under penalty. (See subdiv. c, be- low.) No. 29. b. During the open season, namely, the remain- der of the year, fires may be set on such lands, subject to the following conditions: That a permit 12 be obtained, in advance, from the proper TFire- warden, who shall be present in person, when the fire is started; that it shall not be kindled in a high wind, or without sufficient help to control it ; and that it shall be duly watched, by the person who starts it, until it is extinguished. No. 29. ec. Failure to comply with any of the above pro- visions or conditions, applying to either the close or the open season, subjects the offender to pen- alties as follows: For the first offense a fine of not less than $10, or more than $20, and for every subsequent offense, a fine of not less than $20, or more than $100, with imprisonment added, in event of default in respect to due payment; from which penalties appeal may be taken whenever the fine exceeds $20. All fines in such cases go to the county. No. 29. Nore.—There are no permit restrictions ap- plicable to non-oil, and non-gas producing for- est lands. On All Lands— Unlawfully firing woodlands, or causing fire to spread thereto, constitutes a misdemeanor, and subjects the offender to prosecution under one or the other of the following provisions: a. First alternative provision. (Under act to protect trees and woodlands, L. 1911, p. 861.) Whenever a person willfully, negligently, or mali- ciously sets on fire any woodlands within the State, or sets fire upon adjacent lands which spreads to such woodlands, or directly or in- directly causes fire to burn therein without the consent of the owner, he is subject to a fine of not exceeding $1,000 for each offense, or to imprison- ment not exceeding six months, or to both such fine and imprisonment, with costs of suit; all fines being paid to the county. Nos. 53; 56. Norr.—The term ‘“ person,” as used in this act, is defined to include not only individuals, or natural persons, but also “artificial per- sons,” which term is construed to mean “ part- nerships, limited partnerships, joint stock companies and corporations, and the officers, agents, and employes of the same.” The term “woodlands” is also construed as meaning “woods, farmers’ woodlots, marshes, moors, brush, barrens, brush lands and wild unseated uncultivated land.” Nos. 54; 55. b. Second alternative provision. (Under act to establish a Bureau of Forest Protection, L. 1915, act 853.) Whenever a fire set by any person (ex- cept in the case of a back fire set in good faith) destroys property belonging to another, it con- stitutes prima facie evidence that the loss in- volved has resulted from negligence; and the guilty party is subject to a fine of not exceeding $1,000 for each offense, or to imprisonment not STATE FORESTRY LAWS—PENNSYLVANIA. exceeding six months, or to both such fine and imprisonment; all fines being paid to the county. Nos. 117; 119. In connection with constructing and maintaining pub- lic highways through or along forested, wild, or un- cultivated lands, injury to adjoining standing timber through burning brush, or other débris on, or immedi- ately along, the roadway, constitutes a misdemeanor, punishable with a fine of $5 for every tree so injured or destroyed; payment of the fine, with costs of suit, being enforceable through imprisonment. of Session Laws of 1909, act 58, secs. 1, 6=5 Pur. Dig., pp. 6250, 6251, secs. 132,? 137.) For general provisions concerning responsibility in respect to damages for causing injury or loss through firing woods see Nos. 1; 2; 31. Note.—The above provisions and the similar ones for protection of State Forest lands (on p. 15), are the only ones concerning setting fires in the open which apply to non-oil or non-gas pro- ducing forest lands as well as to those which are oil- or gas-producing. Railroads. When operating through Oil- or Gas-Producing Forest Land.— Are required : To equip locomotives with steel netting or iron wire on the smokestacks, or other efficient spark arresters, to prevent the escape of fire or sparks, and also adequate devices to prevent the escape of fire from ash-pan and furnaces. No. 31. To leave no deposits of fire, coals, or ashes, on their tracks or rights of way near such lands. No. 31. To clear their rights of way at least once a year. No. 31. Notre.—Railroads, as landowners, lessees, or otherwise in charge of forest lands on which 2A footnote attached to sec. 132, 5 Pur. Dig., p. 6250, (which volume covers as far as through the 1915 session), calls attention to the case of Commonwealth y. Miller et al., under sec. 2 of this act (L. 1909, act 58); the decision in which case suggests the possible unconstitutionality of this act, as follows: “Phe statute is not attacked on constitutional grounds, and, therefore, no opinion in that regard will be expressed. It can not, however, escape notice that, in so far as the body of the act attempts to reorganize the powers of the constituted highway authorities, the sufficiency of the title is open to question, and sooner or later its validity is likely to be challenged,” As regards, however, this point of possible unconstitu- tionality of the act (No, 58, L. 1909), the provisions therein which are here referred to have been since reenacted, as far as regards townships, in the General Township Act. (See Vol. of Session Laws of 1917, p. 840; secs. 830, 833, 834.) (See Vol. ° ; | — ee ——— STATE FORESTRY LAWS—PENNSYLVANIA. 13 there are producing oil-wells, or gas-wells, or rigs for drilling such wells, or as owners of trees growing thereon, are also required, under special penalty recoverable by the county, to clear of inflammable material, at least once a year, land within one hundred feet of such wells, or rigs, or rights of way thereon. See No. 30; and also its correspond- ing Synopsis-statement under the heading ©“ Brush and Slash Disposal,” above, on p. 11. To employ, during the close season, sufficient trackmen to promptly put out fires on their rights of way. No. 31. To use all practicable means to extinguish fires on their own or neighboring lands, within 100 feet of their tracks. No. 31. To exact of their employees the following obliga- tions: That they leave no deposits of fire, coals, or ashes, on their tracks or rights of way near such lands. No. 31. That every engineer and fireman use the fire protection devices supplied by the company. No. 31. Are liable, for failure to comply with any of the above requirements contained in No. 31, in a penalty of $100, recoverable by the county in which the violation oc- curs, through an action of assumpsit; in addition to being answerable to the owner of any property de- stroyed or injured by fire in consequence of such violation. No. 31. For general provisions concerning both criminal and civil liability for firing woods, and thereby causing loss or damage, see also, on p. 12, under the heading, “ Kindling Fires in the Open.” (“On All Lands.) When Operating Through Forest Lands, In General.— Both steam and electric railroads put into effect regu- lations prescribed by the Chief Forest Firewarden and approved by the Public Service Commission (No. 109), under penalty, as follows, for each neglect or refusal to take such required action: Forfeiture, and payment to the State, of the sum of $100, recoverable in an action of assumpsit; each day’s continuance of refusal to comply, after a notice from the Chief Forest Firewarden and lapse of the time-limit set therein, constituting a separate and distinct offense. No. 118. Nore.—The above is the only legislative pro- vision which of itself specifically imposes -restric- tions upon the operation of railroads through non- oil or non-gas producing lands as well as through those which are oil- or gas-producing. In this connection, however, the general power conferred upon the Chief Forest Firewarden, by the pro- visions of No. S87 (n), (0), Should be borne in mind, since it clothes him with authority to deal with such a situation. Thereunder, he has au- thority, presumably, to declare any of the follow- ing objects a public nuisance, whenever they are likely to start fires and, in consequence, constitute a special fire hazard, namely: Locomotives or other operating equipment; deposits of fire, coals or ashes on tracks or rights of way; and debris along rights of way, and the like. For action in all such cases, see “ Public Nuisance,” on p. 11. For general provisions concerning both criminal and civil liability for firing woods, and causing thereby loss or damage, see also on p. 12, under the heading, “ Kindling Fires in the Open.” (“On All Lands.’’) Traction and Other Portable Steam Engines. Nore.—All traction and other portable steam engines using wood for fires, with certain stated exceptions, are required, under penalty of fine, to be equipped with efficient spark-arresters (bonnet spark-arresters conforming to given specifica- tions), and to carry proper fire-extinguishers or buckets. See Volume of Session Laws for 1919, act 808, secs. 2, 6 (0b). See also general provisions concerning both criminal and civil liability for firing woods, and thereby causing loss or damage, under, “ Kindling Fires in the Open.” (“On All Lands.) Landowners’ Responsibilities. Require owners, or others responsible for the condi- tion of forest lands: To abate, or remove, upon notice from the Chief Forest Firewarden, such forest fire hazards for which they are responsible, as have been declared a public nuisance. For requirements and liability in such cases, and action thereunder, see “ Public Nuisance,” on p. 11. To observe the close season for burning fallows, stumps, logs, brush, dry grass, etc., on oil- or gas-producing forest lands; and to take required precautions, during the open season, to prevent the escape of fire thereon. For requirements, in detail, in such cases, and liability for failure to comply therewith, see above, “ Kindling Fires in the Open.” (“On Oil- or Gas-Producing Forest Lands.” ) To extinguish as far as may be possible, fires burning or started upon their lands. No. 108. For general provisions concerning liability for firing woods, see, above on p. 12, “ Kindling Fires in the Open.” (“On All Lands.”’) See also Nos. 165; 173, containing provisions on this subject under the firewarden system which preceded the present system, 14 STATE FORESTRY LAWS—PENNSYLVANIA. PUBLIC FORESTS. STATE FORESTS. Purpose. Are established for the purpose of protecting water supplies, and conserving forestry, health and recrea- tion interests, in general, by holding, maintaining, and developing the lands as State Forests. Nos. 8; 38; 11 (g). Acquirement of Lands and of Surface Rights. Without Cost— Whenever the State Forest Commission makes appli- cation for vacant or unappropriated lands, for for- estry uses, title thereto is granted, free of cost. Nos. 38; 39. See also under the heading, “ By Exchange of Lands,” on p. 1h. By Purchase.— Any lands that are suitable for State Forests may be purchased by the Commissioner of Forestry and the State Forest Commission, with the consent of the Governor, subject to the requirements that the price paid therefor shall not exceed ten dollars ($10) per acre, and that the amount so expended, in any biennial period, shall not exceed the appropriation for that purpose for such period, Nos. 11 (b); 84; and also subject to the following conditions : In respect to lands which have been acquired by counties through tax sale, the consideration shall include all taxes levied, interest, and costs due to date of conveyance. Nos. 76; 77; 78. In respect to unseated* lands which are pur- chased direct at tax sale, the purchase is subject 3In addition to serving such purposes, Game Preserves may be located on State Forests, with the consent of the State Forest Commission; not to exceed in area one-half of the area of the State Forest, and the greatest transverse dimensions thereof not to exceed ten miles. All Preserves so located are required to be surrounded by a well defined fire-line or clear strip of land and by at least one wire at the boundary thereof, and notices are also required to be posted, conspicuously, on the boundary, to read as follows: “State Game Refuge: Hunting is Unlawful.’”’ Such Pre- serves are subject to regulations established by the Board of Game Commissioners, under agreement with the Department of Forestry. Any citizen may go upon them without fire- arms during the close season for game; and any member or employee of either the Department of Forestry or the Board of Game Commissioners may go thereon for any purpose in compliance with his official duties, in any manner and at any time, with or without firearms. (See Volume of 1915 Session Laws, act 65, secs. 1-9.) *In connection with assessing realty, “unseated lands” are those on which there are no such improvements as indi- cate a personal responsibility for its taxes. (Stoetzel v. Jackson, 105 Pa., 562, 567.) “Seated land,” as used in the tax laws, is land that is occupied, cultivated, improved, reclaimed, farmed, or used to redemption, and the bid made and price paid for the lands shall not exceed the amount of taxes for the non-payment of which the lands are sold, and costs. Nos. 4-8. In respect to unseated lands which are purchased at private sale, the price paid for the land shall not exceed the assessed value thereof. No. 5. Surface rights to any lands within the State may be purchased by the Department, and held as State Forests; the fact that the title to the lands in ques- tion may be subject to outstanding rights in respect to waters, valuable deposits, or any privileges or reservations, not being necessarily a bar to such acquirement, when such rights, privileges, or reser- vations will not interfere with the administration of scientific or practical forestry. Nos. 129; 130. By Condemnation Proceedings— Any lands that are suitable for State Forests may be secured through condemnation proceedings, by the Commissioner of Forestry and the State Forest Com- mission, with the consent of the Governor, No. 11 (b). Whenever lands that are suitable for forestry pur- poses are desired for such uses, and a price therefor can not be agreed upon with the owner, or the owner can not be found, the lands may be acquired by the State Forest Commission, through condemnation pro- ceedings; all damages awarded and costs in connec- tion with the proceedings being paid by the State. Nos. 189-150. By Exchange of Lands— Whenever it shall be determined by the Commission to be to the advantage of the State Forest interests, the following action may be authorized by resolution, adopted and declared by the Commission and approved by the Governor: Exchange of State Forest lands, together with the buildings, improvements, and appur- tenances thereof, for privately owned lands of equal or greater value, which are at least equally adapted to State Forest purposes; the exchange to be made after such public hearing as the Commission may prescribe, and to be consummated in accordance with certain prescribed legal procedure. Immediately after which, the lands so transferred to the State become a part of the State Forests, subject to all the laws and rules as a place of residence. 340.) When land is seated, the person is only liable for the tax; but when it is unseated there is no personal liability, but the tax is laid specifically on the land, but not on the person or owner. (Kennedy v. Daily (Pa.), 6 Watts, 269, 272.) (Earley v. Enwer, 102 Pa., 338, STATE FORESTRY LAWS—PENNSYLVANIA. governing the State Forests. Nos. 151; 151 (a); 151 (b); 151 (e). Limit of Purchase Price— May not exceed the sum of $10 per acre. No. 84. Limit of Amount of Baxpenditure for Acquisition of Lands. May not exceed, in any biennial appropriation period, the appropriation for such purpose, for that period. No. 11 (b). Status of Lands and of Surface Rights. Title to such lands and rights vests in the State ; subject, however, in the case of surface rights to any outstanding sub-surface rights, privileges, or reserva- tions that may exist. No§. 7; 18; 129; 180. Such lands and surface rights are, from the date of acquirement, exempted : Nos. 7; 18. From condemnation for National Forests. No. 51. From taxation. Disposal of Lands. Whenever it shall be determined by the Commission to be to the advantage of the State Forest interests, either of the following actions may be authorized by resolution, adopted and declared by the Commission and approved by the Governor: a. Exchange of State Forest lands, together with the buildings, improvements, and appurtenances thereof, for privately owned lands of equal or greater value, which are at least equally adapted to State Forest purposes; the exchange to be made after such public hearing as the Commission may prescribe, and to be consummated in accord- ance with certain prescribed legal procedure. Nos. 151; 151 (a); 151 (b) ; 151 (e). b. Sale of State Forest lands, together with the buildings, improvements, and appurtenances there- of, when declared by the resolution to be more valuable for other use than for State Forest pur- poses and not needed for use in the administra- tion and protection of the State Forests; the sale to be made, after due advertisement, to the party offering the highest price, and to be consummated in accordance with certain prescribed legal pro- cedure. All receipts from such sales are deposited in the State treasury, and are appropriated and made available, until expended, for use separately or in conjunction with any other appropriations for the acquirement of lands for State Forest purposes. Nos. 151; 151 (a); 151 (c); 151 (d); 151 (e). 15 Fixed Annual Charge on State Forests, in Lieu of Taxes. Is made for the benefit : Of roads in the townships in which State Forests are located, in the sum of two cents per ‘acre. Nos. 26; 27. Of schools in the respective districts in which the State Forests are located, in the sum of two cents per acre; provided, the said school districts shall, each, levy and collect a tax, for the support of its schools, of not less than four mills on the dollar of the assessed valuation of property in such dis- trict. Nos. 41; 42. Of counties in which State Forests are located, in the sum of one cent per acre. Nos. 136; 137. Payment of the amounts so due to township, school districts, and counties, respectively, is made by the State Treasurer upon certified returns submitted by the Commissioner of Forestry. Nos. 27; 42; 137. For a similar class of payments on account of so-called auviliary Forest Reserves, see Nos. 65; 66. Receipts and Proceeds from State Forests. When derived from sale of State Torest lands are deposited in the State treasury for use separately or in conjunction with any other appropriations for the acquisition of lands for State Forest purposes, having been appropriated and made available therefor until expended. No. 151 (c). All other receipts and proceeds constitute part of the fund designated, “The State School Fund of Pennsyl- vania,” with the proviso that the State Forests con- tinue wholly under the control of the State Forest Commission. No. 52 (a). Are required to be paid promptly to the State Treas- urer, and by him kept in a separate account, subject to the disposal of the State Board of Education. No. 52 (Dye See also No. 58. Fires. Unlawfully causing fires in State Forests constitutes a misdemeanor, and subjects the offender to prosecu- tion under one or the other of the following pro- visions : a. First alternative provision. (Under the special act to protect State Forests, L. 1911, p. 163.) Every person who willfully, negligently, or mali- ciously kindles a fire within a State Forest, or on adjacent lands, from which fire spreads thereto, or causes any fire therein except in accordance with the rules prescribed by the Department of 16 Forestry is guilty of a misdemeanor and is sub- ject to a fine of not exceeding $1,000 for each offense, or to imprisonment not exceeding sx months, or to both such fine and imprisonment ; e . . all fines being paid to the State Treasurer, through the Commissioner of Forestry, for the use of the State. Nos. 43; 46. Notre.—The term “ person,” as used in this act, is defined to include not only individuals or natural persons, but also “artificial per- sons,” which term is construed to mean “ part- nerships, limited partnerships, joint stock companies, and corporations, and the officers, agents, and employees of the same.” No. 47. b. Second alternative provision. (Under act to establish a Bureau of Forest Protection, L. 1915, act 353.) Whenever a fire set by any person (except in the case of a back fire set in good faith), destroys property belonging to another, it constitutes prima facie evidence that the loss involved has resulted from negligence; and the guilty party is subject to a fine of not exceeding $1,000 for each effense, or to imprisonment not exceeding six months, or to both such fine and imprisonment ; all fines being paid to the county. Nos. 117; 119. In connection with constructing and maintaining public highways through or along forested, wild, or uncultivated lands, injury to adjoining stiand- ing timber through burning brush or other débris on, or immediately along the roadway, consti- tutes a misdemeanor, punishable with a fine of 35 for every tree so injured or destroyed; payment of the fine, with costs of suit, being enforceable through imprisonment. (See Vol. of Session Laws 1909, act Pur. Dig., pp. 6250. 6251, secs. 182 *-1387.) 580 See also: Provision requiring fire-lines around game pre- serves when located on State Forests, which is shown in footnote on p. 14. Provision, in No. 13, for employment of detective, legal, or other services for the protection of State Forests and prosecution of violators. Concerning civil responsibility for causing injury or loss through firing woods, see Nos. 1; 2; 31. Timber Trespass and Other Damage. Every person who willfully, negligently, or maliciously fells, cuts bark from, injures, destroys, or removes trees, on any of the State Forests, or otherwise causes injury to such Forests or to trees thereon, is guilty of a misdemeanor, and subject to a fine not exceeding $500 for each offense, or imprisonment not exceeding STATE FORESTRY LAWS—-PENNSYLVANIA. three months, or to both; all fines being paid, through the Commissioner of Forestry, to the State Treasurer, for the use of the State. Nos. 44; 46. For definition of the term “ person,” see, above, the Note under the heading, “ Fires.” See also (in volume of Session Laws of 1909, act 58=5 Pur. Dig., pp. 6250, 6251, secs. 132°-137), penalty for unlawfully injuring or destroying trees in connec- tion with constructing or maintaining public highways through or along forested, wild, or uncultivated lands. Fire and Other Warning Notices. Are required to be conspicuously posted in or about the State Forests. Nos. 22; 45. Willful, negligent, or malicious injury, destruction, or removal thereof subjects the person offending to crim- inal prosecution, and is punishable by a fine not ex- ceeding $100 for each offense, or imprisonment not exceeding 30 days, or to both fine and imprisonment ; all fines being paid, through the Commissioner of Forestry, to the Treasurer of the State for the use of the State. Nos. 45; 46; 47. Violation of Rules for Government of State Forests. When willful, negligent, or malicious, constitutes a misdemeanor, punishable by a fine of not exceeding $100 for each offence, or imprisonment not exceeding 830 days, or both, with costs of suit, provided, notices of such rules were prominently posted on or about the State Forests; all of said fines being paid, through the Commissioner of Forestry, to the State Treasurer, for the use of the State. Nos. 45; 46; 47. Administrative Officers’ ° General Powers and Duties. Take required measures for the acquirement of lands for State Forests, as follows: Without cost. Nos. 38; 39. By purchase, No. 11 (b): a. Of lands sold for nonpayment of taxes (Nos. 4-8; and 76-78) ; b. Of lands at private sale. No. 5. By condemnation. Nos. 11 (0) ; 159-150. By exchange. Nos. 151; 151(a)-151(d). Hold title, for the State, to all lands so acquired. Nos. 7; 18. Acquire, by purchase, and hold surface rights, as State Forests. Nos. 129; 130. 5 The several officers upon whom these general powers and duties are directly imposed are the Commissioner of Forestry and the other members of the State Forest Commission. No, 11 (a), (c). a STATE FORESTRY LAWS—PENNSYLVANIA. 17 Manage, control, protect, maintain, utilize, and de- velop all lands acquired for State Forests; the Com- missioner, as Superintendent thereof, having, under the direction of the Commission, immediate control and management of the Forests. Nos. 8; 11 (¢); 13; 52 (a). Prescribe and enforce rules and vezgulations for the control, management, protection, utilization, and de- velopment of the State Forests. Nos. 11 (d), (e), (GS) eas Are empowered : / To employ and assign to duty such surveyors, draftsmen, stenographers, and other assistants and labor, and such scientific assistants and other employees as may be needed, and to fix their salaries. Nos. 11 (e); 120. To employ detective, legal, and other services for the protection of the forests and prosecution of violators, under approval of the Commission and the Governor, No. 13. Sell or dispose of timber on State Forests, and also execute contracts or leases for the mining or removal of any valuable minerals that may be found thereon, after due advertisement whenever the minerals exceed $300 in value; the contracts or leases being awarded to the highest and best bidders, who are required to give bond for the proper performance of the contracts, No. 11 (g) ; and all proceeds from such sales of timber, and from such leases or contracts con- cerning the disposition of minerals, being paid into the State treasury to constitute a part of the State School Fund. Nos. 19; 52 (a); 52 (b). Lease, upon reasonable terms, small areas of agricul- tural lands, within State Forests, which are better suited for agriculture than for forestry purposes (No. 181) ; subject to the following conditions: Leases shall not exceed ten-year terms, and may be terminated earlier upon mutual agreement; and carry renewal privileges, upon the same or new conditions. No. 132. In event of more than one applicant for a tract, award shall be made to the highest responsible bidder, after due advertisement of the proposed lease, provided, the amount of the bid is satisfac- tory to the Department. No. 133. Buildings and fences which may be placed upon a tract by the lessee, at his expense, may be re- moved therefrom by him, at the termination of the lease; or the same may be purchased by the 50797—21 3 Department upon reasonable terms, to constitute a part of the improvement of the tract. No. 134. Refuse to lease such areas as may be needed by the Department. No. 135. _Lease, upon reasonable terms, for a period of not ex- ceeding ten years, sites in State Forests, for church, school, health, recreational, or other purposes; all re- ceipts therefrom being paid into the State treasury, to form a part of “The State School Fund of Pennsyl- vania.” Nos. 57; 58; 52 (a); 52 (b). Set aside within the State Forests unusual or his- torical groves of trees or natural features especially worthy of permanent preservation, in order to make them accessible and conyenient for public use and to dedicate them in perpetuity to the people of the State for their recreation and enjoyment. No. 11 (g). Give consent to location of State Game Preserves upon State Forests, under terms of agreement with the Board of Game Commiss‘oners; which Preserves are thereafter subject to regulations established by the said board under the agreement. (See volume of 1915 Session Laws, act 65, secs. 1-9.) Grant rights of way as follows: To duly incorporated street railway companies, upon such terms and subject to such restrictions and regulations as they may deem proper, the privilege tc construct, maintain, and operate their lines of railway, over, along, and upon public highways, in actual use, which lie within or bor- dering upon State Forests, whenever, in their judgment, the Forests will be benefited thereby. No. 23. To individuals or corporations who may apply therefor, through State Forests, when, in the judgment of the Department, it will not interfere with the orderly administration of the Forests, and will promote the interests of the State or its citizens; the term, “right of way,’ being con- strued “to include a passage, haulage, flowage, or transmission for any lawful purpose.” Nos. 126— 128. Make certified returns to the State Treasurer, and to the townships, school districts, and counties which contain State Forests, as to amounts of fixed charges, in lieu of taxes due thereon, annually for the benefit of roads (No. 27); schools (No. 42); and counties (No. 137). Turn into the State treasury all fines received for violation of provisions of L. 1911, p. 163, for the pro- tection of State Forests. No. 46. 18 Give municipalities, upon such terms and subject to such restrictions and regulations as may be necessary, the privilege of impounding water upon the State Forests, and of constructing, maintaining and operat- ing lines of pipe upon and through said Forests, for the purpose of conveying water therefrom, whenever, in the judgment of said officers, it may be in the in-- terest of the public to do so (No. 28); all receipts and proceeds, if any, from such privileges being paid into the State treasury to form a part of the State School Fund of Pennsylvania. Nos. 52 (a); 52 (b). Hstablish and conduct a training school to prepare Forest Wardens for the proper use of the State For- ests. No. 25. Local Officers and Employees.® Arrest, without warrant, violators of laws and regula- tions for the protection of State Forests and of fish and game therein, and take the offenders before a justice of the peace, or other magistrate, for proper action; the exercise of such powers being limited to State Forests and lands adjacent thereto. No. 22. 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). AUXILIARY STATE FORESTS. Purpose. Notr.—The legislation creative of these so- called “ Auxiliary Forest Reserves” is of such a dual character as to make a clean-cut separation of the Public Forest and Taxation aspects of it impossible. The primary aim, however, was, un- doubtedly, to offer a tax concession to whoever would devote land to forest production, The de- tailed synopsis concerning it will, therefore, be found under “ Taxation.” (See p. 19.) (Auzviliary Forest Reserves.) Status. The reserves are composed of privately owned lands devoted exclusively to the growing of merchantable forest trees, subject to public forest regulation. Nos. 67; 69; 71. Public Control Imposed by the State. By requiring the owner: To make the application, for classification of the lands, to the Commission, and in the form pre- seribed by it. No. 68. °The wording of the text upon which this synopsis-state- ment is based, which reads: “That the persons employed, under existing laws, by the Commissioner of Forestry, for the protection of State Forestry Reservations,” etc., and “Such officers shall,” ete., (see No. 22), appears to include all who are either appointed or employed by the Commissioner for that purpose. STATE FORESTRY LAWS—PENNSYLVANIA. To execute a written agreement to care for the trees, until mature, in accordance with instrue- tions from the Commission; and, when necessary, to give bond, upon request from the Commission at the time the lands are classified, guaranteeing good faith throughout the transaction—involving compliance with instructions concerning removal and marketing of the trees and reforesting the lands, under approval of the Commission, Nos. 69; 71. To cut and remove, under instructions of the Com- mission, only such timber as it may designate as suitable. No. 70. To give bond, in advance of cutting, in 20 per cent of the amount of the estimated value of the timber to be cut, conditioned to pay 10 per cent of the value of the trees, within 90 days after harvesting them. No. 61. To make sworn return, as to the value of the trees harvested, to the County Commissioners, County Treasurer, and the Commission, immediately after harvesting the same. No. 61. To follow the cutting and removal of the timber, immediately, with reforestation of the lands. No. 71. Concessions Granted by the State. Are as follows: Conferring of a quasi-public character upon the lands by specifically designating them Auxiliary Forest Reserves. No. 67. Reduction in the assessed valuation of the lands for the Annual, or General Property, Tax (No. 59); and payment by the State of a fixed annual charge upon the lands for the benefit of schools and roads located within such school and road districts us contain any lands so classified. Nos. 65; 66. Valuation and taxation of the timber separately from the lands; and postponement of the tax on the timber until the trees are mature. Nos. 61; 62; 70. MUNICIPAL FORESTS. Purpose. Are established mainly for the purpose of producing a continuous municipal, or borough, revenue through the sale of forest products therefrom; and also for the protection of water supplies, promotion of health- ful conditions, and use by the people as general outing and recreation grounds. Nos. 32; 36; 83 (e); 83 (g). Acquirement of Lands. Townships of the first-class, cities, and boroughs may acquire, for such purposes, by purchase, gift, or lease, STATE FORESTRY LAWS—PENNSYLVANIA. 19 lands having tree-growth, or which are suitable there- for, after having secured approval by the Commis- sioner of Forestry of the area and location of the tracts, and having given, through publication of an ordinance, due notice of intention to acquire the lands. Nos. 32; 33; 83 (a); 83 (b); 88 (c). The funds required for the acquirement of such tracts are derived from the usual sources in the case of ex- penditures for municipal, or borough, purposes, in- cluding, if necessary, a bond issue. Nos. 33; 88 (d). Administration. Are administered by the proper municipal, or borough, officers, under the direction of the Commissioner of Forestry, in accordance with the principles and prac- tice of scientific forestry, for the benefit of the mu- nicipalities, or boroughs; the Commissioner being re- quired to make the necessary rules therefor; which rules must have for their main purpose the produc- tion of a continuous revenue through the sale of forest products. Nos. 32; 34; 36; 83 (a); 83 (e). The funds required for the administration, mainte- nance, protection, and development of the Forests are derived from the usual sources in the case of ex- penditures for municipal, or borough, purposes, and are applied in the usual manner. Nos. 85; 88 (f). Disposition of Proceeds. All proceeds from the Forests are applied to general municipal, or borough, purposes. Nos. 35; 83 (f). Alienation of Lands. Is made by an ordinance setting forth all the facts in the case, after due advertisement and approval thereof by popular vote. Nos. 37; 83(h). Officers’ General Powers and Duties. Municipal and Borough Oficers— Take required steps for acquirement of suitable lands; including securing approval by the Commissioner of Forestry of the area and location of the tracts in question. Nos. 32; 33; 88(a) ; 83(b) ; 83(¢). Notify the Commissioner of Forestry of acquisition of lands, and, upon receipt from him of rules for their government, publish the same, declare the uses of the Forests, and make required provision for their administration, maintenance, protection, and develop- ment; and, thereafter, administer them, under the direction of the Commissioner. Nos. 34; 838(e). Whenever necessary, take required action to secure the alienation of a Forest, or part thereof. Nos. 37; 83 (h). Commissioner of Forestry— Approves area and location of lands prior to their acquirement. Nos. 32; 83(b). Prescribes rules for the government of the Forests, and directs their administration. Nos. 32; 384; 83(a); 83(e). TAXATION: AUXILIARY FOREST RESERVES. Purpose. Are composed of privately owned lands devoted ex- clusively to the growing of merchantable forest trees (No. 67); the owners of which desire to secure cer- tain concessions in taxation (see p. 18) and are, ac- cordingly, willing to subject their lands to public forest regulation (see p. 18). Classification of Lands. Requires: That application therefor shall be made by the owner to the Commission in the form prescribed by it. No. 68. That the suitability of the lands shall be deter- mined by the Commission through an examination of the land and report thereon by a duly qualified 7¥or the taxation provisions which exempt State Forests from taxation, see Nos. 7; 18, and the corresponding synopsis- statement, on p. 15, under ‘“ Status of Lands and of Surface Rights.” person (No.68) ; the cost of such examination being defrayed from the moneys appropriated for main- tenance of the Department of Forestry. No. 71. That, in event of the lands being found suitable, the Commission shall so certify to the County Commissioners, who shall, thereupon, place the lands in the class of Auxiliary Forest Reserves ; with the proviso that the certificate shall not be- come operative to so classify the lands until the owner has made a written agreement to care for the trees under direction of the Commission; and it is also provided that, at the time the lands are so classified, the Commission may, in its discre- tion, require of the owner a bond guaranteeing his good faith throughout the entire transaction. Nos. 68 ; 69. Note.—Timber lands have been separated from other lands, in making assessment returns of property, since 1883. No. 3. That lands, while so classified, may be sold or encumbered without prejudice to such classifica- tion or obligations thereunder. No. 73. 20 STATE FORESTRY LAWS—PENNSYLVANIA. That the classification shall continue so long as the owner continues to faithfully carry out the instructions of the Commission respecting the care of the trees, removal and marketing thereof, and reforesting the lands, under the approval of the Commission. Nos. 71; 69. Remoyal from Classification. Is made only upon request of the owner, or in event of his failure to comply with requirements of the Com- mission. Nos. 69; 71; 73. When made prior to maturity of the timber and with- out payment of the Yield Tax thereon, the County Com- missioners, on notice from the Commission, ascertain and certify to the County Treasurer: (a) The amount of taxes which would have been paid by the owner if based on the original assessment of the lands, before the reduction made under the special classification rating, with interest added upon all such payments from the date when such tax payment would have become delinquent; and also (b) the amount of taxes which have actually been paid upon the land, with interest added from the date of payment. The differ- ence between the two amounts is, thereupon, recovered, with costs, from the owners, by the County Treasurer, in the usual manner; the amount recoverable constitut- ing a lien upon the lands until payment is made. Nos. 63; 69. When made after the due harvesting of a matured crop of trees and payment of the tax thereon, the owner is not liable for such past assessment; but the lands are thereafter, liable to assessment and tax in the same manner as other lands not classed as Auxiliary Forest Reserves. No. 63. Annual, or General Property, Tax. Is assessed upon the basis of the General Property Tax law.® Nos. 59; 60. Is levied upon such assessed valuation, reduced to a sum not to exceed $1.00 per acre (No. 60); and an additional fixed annual charge on lands so classified is paid by the State in the sum of two cents per acre for schools and two cents per acre for roads, that are located within the several school and road districts which contain Auxiliary Forest Reserve lands; pay- ment, of the proper amounts being made, by the State, to the respective districts upon warrants ap- proved by the Commission. Nos. 65; 66. For a similar class of payments on account of State Forests, see Nos. 26; 27; 41; 42; 1386; 137. 8 Valuable minerals underlying the land may be separately assessed. No. 59. Yield Tax. Harvesting of Timber at Maturity— Whenever the trees become suitable for forest products, the Commission, either at the request of the owner, or upon its own initiative, examines the lands and designates the kind and number of trees most suitable to be cut (No. 70) ; the cost of such examina- tion being defrayed from the moneys appropriated for maintenance of the Department of Forestry. No. 71. The cutting and remoyal of the trees so designated is required to be in accordance with instructions of the Commission. No. 70. Determination of Taxable Values— Requires : That, in advance of cutting, the owner give bond, conditioned to pay, to the County Treasurer, 10 per cent of the value of the trees, within 90 days after harvesting. No. 61. That sworn return as to the value of the trees harvested be made by the owner to the County Commissioners, County Treasurer, and the Com- mission, immediately after harvesting the same. No. 61. That, in event of dissatisfaction on the part of the County Commissioners with such return, upon their request, a board of three appraisers shall be appointed by the Court of Common Pleas of the county, to determine and report the quantity and value of the trees; which return, subject to right of appeal by either party, shall form the basis of payment. No. 62. That the compensation and expenses of such ap- praisers shall be fixed by the court, and paid by the County Commissioners. No. 62. Payment of the Tar— Is secured: a. By a bond given, in advance of cutting, by the owner, in 20 per cent of the amount of the esti- mated value of the timber to be harvested, condi- tioned to pay 10 per cent of the value of the trees, within 90 days after harvesting them. No. 61. b. By a lien on the lands. No. 61. Distribution of the Tax to County and Township Funds— Is made, by the Treasurer of each county in which lands so classified are located, pro rata for each of STATE FORESTRY LAWS——PENNSYLVANIA. the purposes named below, based upon the last as- sessed millage of taxation for such purposes: a. For the county. No. 61. b. For, respectively, the road, school, and poor districts of the respective townships which con- tain Auxiliary Forest Reserves; the road allot- ments being spent exclusively on roads passing into the Forests, or which are immediately ad- jacent thereto, if any roads are so located; other- wise, said allotments are spent for general town- ship road purposes. No. 61. Bxremption from the Tar— Is provided in the following cases: Removal, by the owner, of trees which have been killed by fire, thrown or broken by the wind, or injured by other natural causes. No. 72. Thinning or clearing out of undesirable species, by the owner, or removal by him of such timber as may be needed for general farm use upon any neighboring cleared lands owned by him. No. 72. Reforestation of the Lands by the Owner. Is required to follow harvesting of the timber, imme- diately, through either replanting other trees of val- uable species, or taking proper care of young growth on the lands, under the approval of the Commission. Inox yale Public Control Imposed by the State. See Synopsis under this heading, on p. 18. Concessions Granted by the State. See Synopsis under this heading, on p. 18. Commission’s General Powers and Duties. Prescribes form of application for classification of lands. No. 68. 21 Determines suitability of lands described in applica- tion; and certifies as to the same, to the County Com- missioners. No. 68. Secures written agreement from owner to care for trees in accordance with 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 transaction. No. 69. Certifies to the 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 be cut and removed; and gives instructions in regard to the removal and marketing of the timber. Nos. 70; 71. Approves reforesting of the lands by the owner. NOD aL, 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-growth; and, gives notice of re- moval to the County Commissioners. Nos. 69; 71. TEXT OF LAWS.°® Notp.—The abbreviation, (vols. 1-4) and the 1916 supplement thereto (vols. 5-7). 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 they were passed. 50797—-21——_-4 “Pur. Dig.,” used in this leaflet, has reference to Stewart’s Purdon’s Digest, 13th ed. 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.] No. 2. Where any party is injured, and shall not demand above 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 under his hand and seal, to cause the party offending to be brought before him or some other Justice of the peace of the same county; aod 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 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 thing 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). Norn.—Section 1 of act 1206, L. 1870, as amended by section 1 of act 228, L. 1897, has been placed under the caption, “Group of Acts Constituting Firewarden Sys- tem Prior to 1915.” See No, 152. No. 3. 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, sec. 1=4 Pur. Dig., p. 4628, sec. 201.) No. 4. Be it enacted, &c., That from and after the first day of January, 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 which 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 sums due upon each tract for taxes; and further to mail to * * *2 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 and 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 transferred from the Department of Agriculture to the Department of Forestry ; hence, this deletion. Nos. 11; 13. STATE FORESTRY LAWS—PENNSYLVANIA. 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 haye power 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 Governor 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. Tor 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 aforesald: Provided, That in no case shall the amount paid for any tract of land purchased under the pro- visions of this act exceed the sum of five™ dollars per acre. [L. 1897, act 10, sec. 2; L. 1899, act 81, sec. 1=2 Pur. Dig., p. 1748, 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. [L. 1897, act 10, sec. =2 Pur. Dig., p. 1743, sec. 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, and 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 * * *10 [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, 42 Pur. Dig., p. 1748, sec. 20.] No, 8. 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. 1897, act 10, sec. 5=2 Pur. Dig., p. 1742, sec, 21.] The lands so acquired by the Commonwealth shall *10 No. 9. 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 offense or offenses against any of the laws now’ enacted or hereafter to be enacted for the protection of forests and timberland, such constable or other peace officer shall have u'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. 84. STATE FORESTRY LAWS—PENNSYLVANIA. authority at once, without first procuring a warrant there- for, to arrest on view such person or persons, with like effect as though such warrant had first been procured. [L. 1897, act 2b, sec. 1=2 Pur. Dig., p. 1751, sec. 62.] See also Nos, 22; 10}. No. 9 (a). Norr.—Section 1 of act 228, L. 1897, has been Placed under the caption, “Group of Acts Constituting Iirewarden System Prior to 1915." See No. 152. No. 10. Norr.—Act 14, L. 1899, has been placed under the eaption, “Group of Acts Constituting Firewarden System Prior to 1915.” See Nos. 153-156. No. 11. (a) Be it enacted by the Senate and House of Rep- resentatives of the Commonwealth of Pennsylvania in Gen- eral Assembly met, and 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 the Commonwealth, who together shall constitute the State Forest Commission each of whom shall 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. (b) 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 acquire by purchase or by condemnation proceedings any Suitable lands in any county of the Commonwealth which in the judgment of said Commission the State should possess for the purpose of holding, maintaining, and developing as State Forests, Provided, That the amount expended for the aequisition of lands for State Forest purposes in any biennial appropriation period shall not exceed the appro- priation for that purpose for such period. (ec) 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 existing law, and may in addition to the Bureau of Forest Protection established in the Department of Forestry by Act of June third, one thousand nine hundred fifteen, entitled, ‘* An act to establish a Bureau of Forest Protection within the Department of Forestry, designating the officers who 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- phiet Laws, page seven hundred ninety-seven), organize in the Department of Forestry the following Bureaus and 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 aboye identified Bureaus and Offices (including the Bureau of Forest Protection) subject, however, always to the complete Supervisory control and direction of the State Forest Commission and the Commis- “The powers previously conferred are contained in L. 1897, act 10 (see Nos. 4-8), and L. 1897, act 228 (see No. 152). 23 sioner of Forestry. Providing, however, That the salary of any of the chiefs of bureau and offices shall not exceed the sum of five thousand dollars per annum. (d) The State Forest Commission may divide the State into such convenient Forest Districts as it deems economical and effective to administer, protect, develop, and utilize the State Forest lands and reseources, to protect all forest land in the State from forest fires, 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 Arbor 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 accomplishment throughout the State of the purposes 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 Offices 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 Offi- 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 the 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- vaneed 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 conyenient for public use and to dedicate them in perpetuity to the people of the State for their recreation and enjoyment ; and the said Commission is hereby empowered to make and execute 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 94 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. 1921,18 act 298, sec. 1.] No. 12. Norp.—Section 2 of act 9, L. 1901, has been supplied by the act contained in L, 1911, p. 163. See Nos. 43—47. No. 13. That the Commissioner of Forestry shall be the President and Executive Officer of the Forestry Reservation Commission, and also Superintendent of the State Forestry Reservations, and shall have immediate control and manage- ment, under the direction 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 fish 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. [l. 1901, act 9, sec. 3=2 Pur. Dig., p. 1741, sec. 6.] See also Nos. 152; 157; 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 office. [L. 1901, act 9, sec. 4—2 Pur. Dig., p. 1741, sec. 7; * * *; asiam. by L. 1921;%, act 298, Sec. 2.] 18 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. 344The 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; 88. No. 15. The Commissioner of Forestry shall have an office 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 Forestry ereated under the provisions of this act. [L. 1901, act 9, sec. 5=2 Pur. Dig., p. 1741, sec. 8.] No. 16. Norp.—Section 6 of act 9, L. 1901, is omitted on account of its being obsolete. No. 17. Notre.—While there has been no specific repeal of the provisions in section 7 of act 9, L. 1901, the effect 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 the 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. 19. 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, see. 12.] See also Nos. 52(a) ; 52(b). No. 19 (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 16 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 Worestry Reser- vation Commission and the Governor of the Commonwealth. [L. 1901, act 9, sec T=2 Pur. Dig., p. 1741, sec. 10.] 7 An opinion rendered by the Assistant Deputy Attorney General for Pennsylvania, April 10, 1913 (see Pittsburg Legal Journal, vol. 61, p. 319), holds that the remaining provisions of this section (sec. 8, act 9, L. 1901) were re- pealed by L. 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, may 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. All 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. 1901, act 9, sec, 8==2 Pur, Dig., p. 1743, sec. 20.] ——— commonwealth’ approved April fifteen, one thousand 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 establish a Department of Forestry, to provide for 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-fifth day of February, Anno Domini, one thousand nine hundred and one (Pamphlet Laws, page eleven), authorizing the Depart- ment 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 sixty-four) be and the 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,}5 act 298, sec. 3.] Nos. 20 and 21. _ Note.—Act 86, L, 1901, has been placed under the cap- tion, “Group of Acts Constituting Firewarden System Prior to 1915.” See Nos. 157, 158. No. 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 official 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 such circumstances as to warrant the reasonable suspicion that such person or persons haye committed, are committing, or are about to commit, some offense or offenses against any of the laws now enacted or hereafter to be enacted for the protection of forests and timberlands. 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 reserya- tion. Said officers shall further be empowered, and it shall be their duty, 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. 12 Pur. Dig., p. 1742, sec. 14.] See also Nos. 9; 104; 82; 83. No. 22 (a). 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 also No. 1. No. 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 STATE FORESTRY LAWS—PENNSYLVANIA. 25 proper, the privilege 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, sec. 68.] No. 24. Norre.—The text of No. 24 has been deleted in conse- quence of the repeal of the act therein referred to (LG. 1903, p. 201) by L. 1921, act 298, sec. 3. See No. 19 (a). No. 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 drawn by the Auditor General upon resolu- tion of the State Forestry Reservation Commission]. [L. 1903, act 295, sec. 1=2 Pur. Dig., p. 1752, sec. 69.] No. 26. 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 the 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. [L. 1905, act 81, preamble and sec. 1=5 Pur, Dig., p. 6258, sec. 186.] See also Nos. 41; 42; 65; 66; 136; 137. No. 27. The Commissioner of Forestry shall certify to the respective [school districts and] 2° 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- ships, and the charge against the same; and shall, further- more, certify to the State Treasurer the number of acres, as aforesaid, and the 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- 2 The concluding portion of this text, which is here en- closed in [ J], 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. 41; 42.) 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 also Nos. 41; 42; 65; 66; 136; 137. No. 28. Be it enacted, &c., That the Commissioner of For- estry and the Forestry Reservation 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 publie in- terest so to do. [L. 1905, act 114, sec. 1=5 Pur. Dig., p. 6234, sec. 1.] See also Nos. 52 (a); 52 (0b). 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: Wirst, 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 fires shail be set, or allowed to burn, in said Jands, except- ing upon compliance with the conditions aforesaid. Any person yiolating 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 354, see. 1—=5 Pur. Dig., p. 6245, sec. 92.] No. 30. Any 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 eut 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- sumpsit, in which the county wherein such violation occur shall be the plaintiff. [L. 1907, act 334, sec. 2=5 Pur. Dig., p. 6245, see. 93.] No. 81. 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 for 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 thereon with steel netting or iron wire on the smokestacks, or other efficient 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, within one hun- dred feet of its tracks, the railroad company shall use all practicable means to put it out. In ease 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 sald 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 Durope 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, &e., 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 ef 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 mayor 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. proposed to be acquired for the purposes of municipal forests, previous to the passage of the ordinance provided for in section two. [L. 1909, act 79, preamble and sec. 1=6 Pur. Dig., p. 6757, secs. 207; 208; as am. by L. 1915, act 192, ch. XIII, art. I, sec: 1 (c)*4, pp. 446, 459=5 Pur. Dig., p. 5452 (C), p. 5460.] See also Nos. 88 (a)—(h). No. 33. Whenever the township commissioners of any township of the first class, or the councils [council] of any city, snall deem it expedient for the municipality to acquire any such lands for the purposes of a municipal forest, they 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 weeks and after its passage and approval in accordance with existing law. All money necessary for the purchase of such tracts shall be appropriated in like manner as is now done, under existing law, for municipal purposes; and such funds may be pro- vided out of current revenue, or by the proceeds of a sale of bonds, in accordance with existing law. [L. 1909, act 79, sec. 2=6 Pur. Dig., p. 6757, sec. 209; as am. by L. 1915, act 192, ch. XIII, art. I, sec. 1 (c)™, pp. 446, 459—5 Pur. Dig., p. 5452 (C), p. 5460.] See also Nos. 83(a)—(h). No. 34. Upon the acquisition of any municipal forests or of Jands suitable for such, under this act, the proper authori- ties shall notify the Commissioner of Forestry, who shall make such rules for the government and proper administra- tion of the same as may be necessary. The municipal authori- ties shall thereupon publish such rules, declare the uses of the forests in accord with the true intent of this act, and make such provision for its administration, maintenance, protection, and development as shall be necessary or ex- pedient. [L. 1909, act. 79, sec. 3=6 Pur. Dig., p. 6757, sec. 210.] See also No. 83 (a)—(h). No. 35. All moneys necessary to be expended, from time to time, for the administration, maintenance, protection, and development of said forest, shall be appropriated and applied as is now done, under existing law, for municipal purposes ; and all revenue and emoluments arising from said forest shall be paid into the municipal treasury, to be used for general municipal purposes. [L. 1909, act 79, sec. 4—=6 Pur. Dig., p. 6757, sec. 211.] See also No. 83(a)—(h). No. 36. The municipal forest may be used by the people for general outing or recreation grounds, subject to the rules governing its administration for the purpose of a municipal forest, in which the major idea shall be the sale of forest products for producing a continuing municipal revenue. [IL 1909, act 79, sec. 5—6 Pur. Dig., p. 6757, sec. 212.] See also No. 83 (a)—(h). No. 37. The alienation of a municipal forest, or any part thereof, shall be made only in the manner prescribed herein for the purchase of the same; to wit, by ordinance duly advertised before and after passage, but such ordinance shall not be effective in legalizing such alienation until after it shall have been approved by a majority vote of the people at the next ensuing election. [L. 1909, act 79, sec. 6=6 Pur. Dig., p. 6757, sec. 213.] See also No. 83 (a)—(h). No. 38S. Be it enacted, &c., That whenever an application shall be made to the Secretary of Internal Affairs for any vacant or unappropriated land, of any kind or description whatsoever, * * * [and he shall have determined by in- “This subdivision (c) of the 1915 General Borough Act repealed in express terms all provisions in the 1909 General Borough Act which related to boroughs. Consequently, all references to boroughs are here omitted in the sections con- | tained in Nos. 32; 33. 27 vestigation, and survey if necessary, that the land is vacant and unappropriated,] it shall be the duty of the Secretary of Internal Affairs to submit to the State For- estry Reservation Commission a copy of the application made for said vacant or unappropriated land, together with a description thereof as ascertained through said investi- gation and survey; whereupon it shall be the duty of the said State Forestry Reservation Commission to determine whether it is desirable or practicable that such vacant or unappropriated land should be acquired for forest culture or forest reservation ; and said State Forestry Reservation Commission shall, within the period of two months, make report to the Secretary of Internal Affairs as to the de- sirability or practicability of securing such vacant or unap- propriated land for forest culture or forest reservation; and if in said report a request shall be made for the conveyance of such vacant or unappropriated land to the State For- estry Reservation Commission, it shall be the duty of the Secretary of Internal Affairs to grant a warrant and patent, according to the usual custom of the Land Office Bureau, conveying such vacant or unappropriated land to the State Forestry Commission, without the payment of any purchase money, interest, or fees. [L. 1909, act 231,% see. 1=5 Pur. Dig., p. 6241, sec. 58.] No. 39. That whenever the State Forestry Reservation Commission shall apply for vacant or unappropriated land for forest culture or forest reservation, the Secretary of Internal Affairs is hereby authorized to grant title to such applied for lands in the manner provided by law, without the payment of purchase money, interest, or fees. [L. 1909, act 231, sec. 4=5 Pur. Dig., p. 6241, sec. 61.] No. 40. Norn.—Section 7 of act 231, L. 1909, contains the repealing clause. No. 41. Whereas, The Commonwealth of Pennsylvania is acquiring large tracts of land in its several counties, for the purpose of establishing forest reserves, which lands are exempt from taxation; and Whereas, Because of such exemption, the several school districts within which said reserves are located lose the revenue secured from prior taxation, thus working a hard- ship upon the citizens of said districts ; therefore, Be it enacted, &c., That from and after the passage of this act, all lands now acquired or hereafter to be acquired by the Commonwealth for forest reserves, and which by existing law are now exempt from taxation, shall be subject to an annual charge of two cents per acre for the benefit of the schools in the respective districts in which said re- serves are located: Provided, That no school district shall be entitled to receive any sum of money from the State, under this act, unless said school district shall levy and collect a tax, for the support of its schools, of not less than four mills on the dollar of the assessed valuation of property * These excerpts from section 1 of act 231, L. 1909, and the portion of said section which is here paraphrased, to- gether with sections 4 and 7 (see Nos. 39; 40), are the only portions of the act which are relevant to the purposes of this compilation. The remainder of the act is, accordingly, omitted. 23 Section 7 reads as follows: The act of Assembly, entitled “An act relating to the granting of titles by the Commonwealth to vacant or un- appropriated land, the price to be paid for the same, the conveyance to the State Forestry Reservation Commission where desirable for forest culture or forest preservation, and preventing the granting of warrants for the beds of navigable rivers,’’ approved the twenty-eighth day of March, Anno Domini one thousand nine hundred and five, is hereby repealed; and all other acts, or parts of acts inconsistent with the provisions of this act, are also hereby repealed. [L. 1909, act 231, sec. 7—=5 Pur. Dig., p. 6241, sec. 64.] 98 STATE FORESTRY LAWS—PENNSYLVANIA. in said school district. 1—5 Pur. Dig., p. 6257, sec. 183.] 66; 186; 137. See also Nos. 26; 27; 65; No. 42. The Commissioner of Forestry shall certify to the respective schoo] districts throughout the Commonwealth in which forest reserves are located, and to the State Treasurer, the number of acres owned by the Commonwealth therein, for forest reserve purposes, and the amount of the charge in favor of each district. The Commissioner of Forestry shall draw his warrant in favor of the treasurer of each of said school districts, which said warrants, after the approval and counter signature of the Auditor General of the Com- monwealth, shall be paid by the State Treasurer to the respective school districts in whose favor the same may be So drawn; * * *.*% [IL, 1909, act 556, sec. 2=5 Pur. Dig., p. 6257, sec. 184.] See also Nos. £6; 27; 65; 66; 136; 137. No. 43. Be it enacted, &c., That if any person shall wil- fully, negligently or maliciously kindle a fire upon or within any of the forest reserves of this Commonwealth, cause a fire to burn thereon except in accord with such rules as may he prescribed by the Department of Forestry; or shall wilfully, negligently or maliciously set fire upon adjacent lands, which fire shall be communicated to the State Forest Reserves; such person shall be guilty of a misdemeanor, and upon conviction thereof be subject to a fine not exceeding one thousand dol- lars for each offense, or imprisonment not exceeding six months, either or both, at the discretion of the court, together with costs of suit. [L. 1911, p. 163, sec. 1—5 Pur. Dig., p. 6252, sec. 148.] No. 44. If any person, without the consent of the Com- monwealth or any of her agents, shall wilfully, negligently or maliciously cut bark from, or cut down, injure, destroy or remove, a tree or trees on any forest reserve of this Common- wealth, or shall wilfully, negligently or maliciously do or cause to be done any other act to the damage of said reserve, or the trees growing therein, such person shall be guilty of a misdemeanor, and upon conyiction thereof shall be subject to a fine not exceeding five hundred dollars for each offense, or imprisonment not exceeding three months, either or both, at the discretion of the court, with costs of suit. [L. 1911, p. 163, sec. 2=5 Pur. Dig., p. 6252, sec. 149.] No. 45. If any person shall wilfully, negligently or ma- liciously violate any of the rules made for the government of the State Forest Reserves, or shall cut, tear down, deface, or otherwise mutilate, injure or destroy, any of the copies of the rules or other notices relating to forest administration, which may be posted therein by the Department of Forestry or any of its officers or agents, such person shall be guilty of a misdemeanor, and upon conviction thereof shall be subject to a fine not exceeding one hundred dollars for each offense, or imprisonment not exceeding thirty days, either or both, at the discretion of the court, with costs of suit: Provided, That no conviction shall be had for any act committed in violation of this section unless it shall affirmatively appear that copies of such rules or notices were prominently posted in, upon or about said Forest Reserves. [L. 1911, p. 163, sec. 3=5 Pur. Dig., p. 6258, sec. 150.) No. 46. All fines collected for the violation of any of the provisions of this act shall be paid to the Commissioner of Forestry, who shall pay the same to the State Treasurer, for the use of the Commonwealth. [L. 1911, p. 163, sec. 4=5 vided an appropriation for the purposes of the act during the two fiscal years following. [L. 1909, act 556, preamble and sec. No, 47. The term “ person’’ as used in this act, shall in- elude not only individuals, 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 ofli- cers, agents and employes of the same. [L. 1911, p. 163, sec. 5=5 Pur. Dig., p. 62538, see. 152.] No. 48. Be it enacted, &c., That the United States of America is hereby empowered to acquire by purchase, or by making adequate compensation under condemnation proceed- ings, such lands in Pennsylvania as in the opinion of the Federal Goyernment may be needed for the establishment of National Forest Reserves in this State, in accordance with an act of Congress, entitled ‘‘An act to enable any State to cooperate with any other State or States, or with the United States, for the protection of the watersheds of navigable streams, and to appoint a commission for the acquisition of lands for the purpose of conserving the navigability of navi- gable rivers,’ approved the first day of March, one thousand nine hundred and eleven: Provided, That the approval of the State Forestry Reservation Commission and the Water Supply Commission shall be first had and obtained. Pro- vided further, That the Commonwealth of Pennsylvania shall retain a concurrent jurisdiction with the United States in and over such lands, so far that civil process, in all cases, and such criminal process as may issue under the authority of the Commonwealth of Pennsylvania against any person charged with the commission of any crime, without or within said jurisdiction, may be executed thereon in like manner as if this act had not been passed. [L. 1911, p. 271, sec. 1=5 Pur. Dig., p. 6253, sec. 154; as amended by L. 1921," act 129, sec. 1.] No. 49. That the said United States of America is hereby empowered to pass such laws as it may deem necessary to the acquisition of land in Pennsylvania, as hereinbefore pro- vided, and for incorporation of such land into said National Forest Reserves, as in the opinion of the Federal Goyern- ment may be needed for this purpose. [L. 1911, p. 271, sec. 2—5 Pur. Dig., p. 6253, see. 155.] No. 50. That the said United States of America is hereby empowered to pass such laws, and to make or provide for the making of such rules, of both a civil and criminal nature, and provide punishment for the violation thereof, as in its judgment may be necessary for the management, control, and protection of such lands acquired from time to time by the United States of America under the provisions of this act: Provided, however, That the authority hereby given shall be subject to all the conditions and stipulations and reserva- tions contained in this act. [L. 1911, p. 271, sec. 3=5 Pur. Dig., p. 6258, sec. 156.] No. 51. That this act shall not confer power to condemn land now held or hereafter to be acquired by Pennsylvania as and for a State Forest Reserve. [L. 1911, p. 271, sec, 4—5 Pur. Dig., p. 6258, sec. 157.] No. 52. Nothing in this act shall be construed to repeal or invalidate or in any way affect the provisions of an act of Assembly, approved the twenty-second day of April, one thousand nine hundred and five, entitled “ An act to pre- serve the purity of the waters of the State, for the protec- tion of the public health,” or the provisions of an act, ap- proved the twenty-seventh day of April, one thousand nine hundred and five, entitled “An act creating a Department of Health, and defining its powers and duties,” or the pro- yisions of an act, approved the fourteenth day of May, Anno Domini one thousand nine hundred and nine, entitled “An act to safeguard human life and health throughout the Commonwealth by providing regulations for the contro] of STATE FORESTRY LAWS—PENNSYLVANIA. 29 certain communicable diseases and the prevention of infec- tion therefrom, and prescribing penalties for the violation of said regulations.” [L. 1911, p. 271, sec. 5=5 Pur. Dig., p. 6253, see. 158.] No. 52(a). The receipts and proceeds derived in any way from, or on account of, the forest reservations, now or hereafter acquired by this Commonwealth, * * ** shall belong to and constitute a fund, to be known and desig- nated as “The State School Fund of Pennsylvania,” which is to be maintained as herein provided: Provided, however, That the forest reservations shall continue to be wholly under the control of .the State Forest Reservation Commis- sion, as now provided by law. [L. 1911, p. 309, art. 27, sec. 2701, as am. by L, 1915, act 370, sec. 1—=5 Pur. Dig., p. 5631, sec, 608.] See also No. le. No. 52(b). * * © 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 kept by him in a separate account, subject to the disposal of the State Board of Education as herein provided; * * * [L. 1911, p. 309, art. 27, sec. 2702, as amended by L. 1915, act 370, sec. 2—5 Pur. Dig., p. 5631, sec. 609.] See also No. Lle. No. 53. Be it enacted, &¢c., That if any person shall wil- fully, negligently, 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 fire upon adjacent lands, which fire shall be communicated to woodlands; such person shall be guilty of a misdemeanor, and on conyiction thereof be fined not exceeding one thousand dollars for each offense, or imprisonment not exceeding six months, either or both, at the discretion of the court, together with costs of suit. [L. 1911, p. 861, sec. 1=5 Pur. Dig., p. 6249, sec. 120.] No. 53(a). Norr.—Sections 2, 3, 4 of act on page 861 of L. 1911, are omitted for the reason that the provisions thereof do not come within the scope of this compilation, as hay- ing for their purpose the practice of forestry. No. 54. The term “ person” as used in this aet, shall in- elude not only individuals 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. 861, 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. 861, sec. 6=5 Pur. Dig., p. 6249, see, 122.] No. 56. All fines which shall be collected or paid under this act shall be remitted at once to the treasurer of the county wherein the same shall be collected or paid, to be- come a part of the general fund of the county. [L. 1911, p. 861, sec. 7=5 Pur. Dig., p. 6249, sec. 123.] No. 57. Be it enacted, &c., That the Department of For- estry is hereby authorized to lease, for a period of not ex- eeeding 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 which 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. 58. The receipts from such leasing shall be paid into the State Treasury. [Eighty per centum] ™ thereof, so paid in, shaN constitute a part of the State school fund of Penn- sylvania. [L. 1913, act 16, sec. 2—=5 Pur. Dig., p. 6257, sec, 179.] No, 59. Be it enacted, &e., 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 vaiue, 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. 60. 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, sec. 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 by 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 county—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 millage of taxation for county, poor, road, and school purposes within said taxing district. Such sum of money when ascertained to be due as a tax by the filing of the foregoing statement and return, under oath, and, as hereinbefore provided, directed to be paid to *0 The limitation contained in the words “ Righty per centum,” here inclosed in [ ], is no longer operative, since sections 2701, 2702 of the School Code, as amended by act 370 of L. 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 (b). 30 STATE FORESTRY LAWS—PENNSYLVANIA. the county treasurer by the owner of an auxiliary forest reserve, shall, from the time of such filing, 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. 1918, act 269, see. 4=5 Pur. Dig., p. 6256, sec, 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; but 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. 15 Pur. Dig., p. 6256, sec. 176.] See also Nos. 26; 27; 41; 42; 136; 137. 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 fayor 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, sec. 177.] See also Nos. 26; 27; 413 4253 136; 187. No. 67. 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, sec. 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 rightfully be placed in the class established by section one of this act, it shall cause the same to be 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. 69. 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 eee eee ey 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 thereon, 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 eare 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 eut 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 file with the commission his or its bond, of such kind 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, secs. 161; 162.] No. 70. Whenever trees growing on said surface land have become suitable for merchantable forest products, 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 by 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, sec. 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 s accordance with the provisions hereof. sec. T=5 Pur. Dig., p. 6255, sec. 166.] aid class only in [L. 1913, act 284, Nos. 74; 75. Notr.—The text of Nos. 74 and 75 has been 1 in consequence of the repeal of the act contained mere or! act 414) by L. 1921, act 298, sec. 3. See No. No. 76. Be it enacted, &c., That when county commission- ers shall have received from the county treasurer a convyey- 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- missioners, 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 levied and become a lien 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 68, sec. 1—5 Pur. Dig., p. 58038, Secs. 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 suitable 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 ment of Forestry for forestry purposes. sec. 2—=5 Pur. Dig., p. 5808, sec, 41.] [L. 1915, act 68, 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 objections 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 Torestry, 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, &e., That the Department of For- estry is hereby authorized to grow! young forest-trees, and to distribute them to those 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. 80. 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. 6248, sec. 79.] No. 81. That all acts and parts of acts inconsistent with or supplied by this act are repealed. [L. 1915, 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 Eoard 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 STATE FORESTRY LAWS—-PENNSYLVANIA, of every such forester, forest ranger, game-protector, deputy game-protector, special deputy game-protector, fish-warden, and deputy fish-warden, whenever such official 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 official 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 twenty-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, sec. 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, see. 181.] No. 83 (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, III, sec. 15 Pur. Dig., p. 5435, sec. 660.] See also Nos, 32-87. No. 83 (b). Before the passage of any ordinance for the acquisition of land to be used as municipal forests, the burgess 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. III, sec. 2=5 Pur. Dig., p. 5435, sec. 661.] See also Nos. 32-87. No. 83 (ce). 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. III, sec. 3=5 Pur. Dig., p. 54386, sec. 663.] See also Nos. 32-87, No. S83 (d). All 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 LAWS——-PENNSYLVANIA. from the current revenue, or by the proceeds of a sale of bonds in accordance with existing law. [L. 1915, act. 192, ch. IX, art. ITI, sec. 4=5 Pur. Dig., p. 5436, sec. 663.] See also Nos, 32-87, No. 83 (e). Upon 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 government and proper administration of the same as may be necessary, and the council shall publish such rules, de- clare the uses of the forest in accordance with the intent of this article, and make such provision for its administration, maintenance, protection and development as shall be neces- sary or expedient. The rules governing the administration of such forests shall have for their main purpose the pro- ducing of a continuing borough revenue by the sale of forest products. [L. 1915, act 192, ch. IX, art. III, see. 5=5 Pur. Dig., p. 5436, sec. 664.] See also Nos. 32-37. No. 8% (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, aet 192, ch. IX, art. III, sec. 6=5 Pur. Dig., p. 5436, sec. 665.] See also Nos. 32-37. No. 83 (g). 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, act 192, ch. IX, art. III, sec. 7—=5 Pur. Dig., p. 5436, sec, 666.] See also Nos. 82-37. No. 83 (h). 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 relnting 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 alieintion until it has been ap- proved by a majority vote of the people at the next ensuing election. [L. 1915, act 192, ch. LX, art III, sec. S=5 Pur. Dig., p. 5436, sec. 667.] See also Nos. 32-87, 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 198, sec. 1=5 Pur. Dig., p. 6240, sec. 53.) See also No. i1 (b). No. 85. Be 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 (c); 86. No. 86. Immediately after this act becomes effective and thereafter whenever a vacancy occurs, the Commissioner of Forestry shall appoint a forester in the employ of the de 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. I, sec. 101—5 Pur. Dig., p. 6235, sec. 5; as amended by L. 1921, act 299, sec. 1.] No. 87. (a) It shall be the duty of the chief forest fire- warden 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. 33 (b) The chief forest fire-warden shall institute the sys- tem of forest fire-wardens, as hereby created, and shall have authority to supervise and manage the same. (c) He sball reorganize the former system of fire- wardens, and as rapidly as possible make it conform to the provisions of this act. (d) Nove.—The text of this subdivision (d), which re- quired 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 be pub- lished annually as a bulletin of the Department of Tor- estry. (f) He shail collect, with the assistance of the force and means at his command, data relating 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 effect as rapidly as con- venient a system of ire-towers and observation stations, which shall cover the regions subject to forest fires, pur- chase the 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 haying been appointed a forest fire-warden, and that wardens who have proved to be eflicient 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 be paid and present them to the Commissioner of Forestry, who shall transmit them to the Auditor General. (m) Upon receipt of checks from the State Treasurer, he shall send them to the persons entitled thereto. (n) He shall 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 for the condition declared a_ public nuisance, and advise him as to the abatement or removal of such nuisance. In the case of a railroad, such notice shall be served upon the superintendent of 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.] responsible 34 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. 1083—5 Pur. Dig., p. 6236, sec. 7; as amended by L. 1921,73 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, sec. 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 take charge of them shall become by vir- tue of their appointment and be District Fire Wardens. [L. 1915, act 353, art. III, sec. 301—5 Pur. Dig., p. 6236, sec. 9; .as amended by L. 1921,3* 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, for 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 3538, art. III, 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 STATE FORESTRY LAWS—PENNSYLVANIA. determined from time to time by the State Forest Commis- sion. [L. 1915, act 353, art. III, sec. 3083=—5 Pur. Dig., p. 6236, sec. 11; as amended by L. 1921 7%, 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. 4083=5 Pur. 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. [L. 1915, act 353, art. IV, sec. 404—5 Pur. Dig., p. 6237, see. 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 his 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, secs. 16, 17; as amended by L. 1921 "8, act 299, sec. 5.J No. 98. The chief forest fire-warden may appoint persons who will serve without compensation as special or as ex- officio forest fire-wardens. They shall have the same power and authority as local forest fire-wardens, but their duties STATE FORESTRY LAWS—PENNSYLVANIA. 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 ex-officio. [L. 1915, act 353, art. V, sec. 502—5 Pur. Dig., p. 6237, sec. 19.] No. 100. Special and ex-officio 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 as fire-wardens., [L. 1915, act 353, art. V, sec. 508=5 Pur. Dig., p. 6237, sec. 20.] No. 101. A fire-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 fire-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. 602—=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. 6083=—=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 pro- 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 to, 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; 22. No. 105. A fire-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 fire-warden. [L. 1915, act 353, art. VI, sec. 6055 Pur. Dig., sec. 25.) No. 106. Persons who extinguish or help to extinguish 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 33, act 299, sec. 6.] No, 107. 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. 6288, sec. 27.] 35 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 fire so far as may lie within his power. No owner or lessee of land upon which fire may burn or be 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 compensation 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 fire to a woodlot, forest, or wild land, nor any person in his employ, may receive compensation from a fire-warden for helping to extinguish such fire. [L. 1915, act 353, art. VII, sec. T03—=5 Pur. Dig., p. 6238, secs. 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 fire as may be deemed necessary by the chief forest fire-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 fire-warden unless presented to him within sixty days after the expense has been incurred. [L. | 1915, act 353, art, IX, sec. 902—5 Pur. Dig., p. 6238, sec. 33.] No. 112. The Auditor General shall satisfy himself as to the correctness of all bills transmitted to him by 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 the approved bills. [L. 1915, act 353, art. IX, sec. 903—5 Pur. Dig., p. 6238, sec. 34.] No. 113. If a fire-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 be fined a sum not exceeding one hundred dollars, or undergo imprisonment not exceeding three months, or both, in the discretion of the court. [L. 1915, act 353, art. X, sec. 1001—5 Pur. Dig., p. 6238, sec. 35.] See also No. 119. No. 114. If any firewarden, being in need of assistance in the suppression of 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 also No. 119. No. 115. A 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 officer 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. 86 STATE FORESTRY LAWS—PENNSYLVANIA. [L. 1915, act 353, art. X, sec. 10083=5 Pur. Dig., p. 62388, sec. 37.] See also No. 119. No. 116. Every person or corporation refusing to comply with an order of the chief forest fire-warden for the 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 having 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 fire-warden to abate the same, shall be a separate and distinct offense. If a preliminary injunction be granted or any 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, secs. 38, 39, 40.] See also No. 119. No. 117. Whenever a fire 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 fire then burning. [L. 1915, act 353, art. X, sec. 10055 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 reasonable regulations for the preyention 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, for 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 elothed 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 853, art. X, sec. 10065 Pur. Dig., p. 6239, secs. 42, 43.] See also No. 119. No. 119. 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, 114, 115, 116, 117, 118. 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, see. 45.] No. 121. Notg.—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. 1801—5 Pur. Dig., p. 6239, sec. 47.] - No. 128. 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 controlling 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. 126. Be it enacted, &c., That the Department of For- estry is hereby 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 that 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 for 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. 38=5 Pur. Dig., p. 6240, sec. 52.] No. 129. Be it enacted, &c., 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. wealth, for forestry purposes, and to hold such Jands as State forests. [L. 1917, act 88, sec. 1.] No. 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 conveyance 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 rights, privileges, or reservations. [L. 1917, act 88, sec. 2.] No. 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 be equitable, and under such conditions as the Department may deem necessary and use- 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 agreement of the parties. At the ex- piration of the term, a renewal of the lease may be made for a like term, or a lesser period, upon the same or such new conditions as may be mutually satisfactory. [L. 1917, act 295, sec. 2.] No. 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.] No. 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. [L. 1917, act 295, sec. 5.] No. 136. Be it enacted, &c., That from and after the pas- sage of this act, 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 61,. 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 forests for road and school purposes -are now certified and paid. [L. 1919, act 61, sec. 2.] No. 138. It shall be the duty of the Department of State Police to aid in the enforcement of all laws relating to game, 37 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 (a). The State Police, with the approval of the Governor, may be called upon, by any other department of the State Government, to enforce all 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 yiew 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 un- 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. 143. After making whatever changes are necessary, the viewers 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. *7'The bill which proposed the creation of a Conservation Commission (or Department) was defeated at the 1919 | session of the legislature. 38 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 con- 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. [L. 1919, act 289, sec. 6.] No. 145. Within thirty days after the filing 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 27 or the owners of such land may appeal to the Supreme or to the Superior court, as 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 27 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, giving 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. If the final judgment on such issue is in favor of the plaintiff, the sum awarded by the report as *7 The bill which proposed the creation of a Conservation Commission (or Department) was defeated at the 1919 session of the legislature, STATE FORESTRY LAWS—PENNSYLVANIA. finally confirmed shall be paid by the Commonwealth to 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, see. 11.] No. 150. The Department of Forestry or the Department of Conservation *7 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 Commission may by such resolution so approved authorize either of the following actions to be taken: (a) That after such public hearing us 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. [L, 1921," act 194, sec. 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 affix 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. [. 1921,% act 194, sec. 2.] No. 151 (b). Before the exchange of lands pursuant to section one hereof, 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 Attorney 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. 1921,73 act 194, sec. 3.] 18 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, STATE FORESTRY LAWS—PENNSYLVANIA. No. 151 (ec). All receipts from the sale of any State for- est land shall be 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 other appropriations for the acquisition of land for State forest purposes. [L. 1921,% act 194, see. 4.] See also Nos. 52a; 52d. No. 151 (d). Before the sale of any State forest land under the power granted by this act, the State Forest Com- 39 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 the land to be sold. [L. 1921, act 194, sec. 5.) No. 151 (e). All acts or parts of acts inconsistent with or supplied by this act are hereby repealed. [L. 1921, act 194, sec. 6.] GROUP OF ACTS CONSTITUTING FIREWARDEN SYSTEM PRIOR TO 1915.” No. 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 be 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, they 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 not exceeding two years, or both, at the discretion of the court. The expenses incurred in the employment of the persons contemplated by this act, on and after the first day of January, A. D. 1898, shall be paid, one- half out of the treasury of the respective county, and the remaining half of said expense shall be paid by the State Treasurer upon warrant from the Auditor General; but no such warrant shall be drawn until the commissioners of the proper county shall have first furnished, under oath or af- firmation, to the Auditor General, a written itemized state- ment of such expense, and until the same is approved by the Auditor General: Provided, That in no case shall the expense to the Commonwealth growing out of this act exceed five hundred dollars for a single county in any one year. [L. 1870, act 1206, sec. 1; as amended by L. 1897, act 228, sec, 12 Pur. Dig., p. 1746, secs. 44, 45.] No. 158. Be it enacted, &c., That from and after the passage of the act the constables of the various wards, boroughs and townships of the Commonwealth shall be ex- officio fire, game and fish wardens. [L. 1899, act 14, sec. 1=—1 Pur. Dig., p. 730, sec. 49.] No. 154. It sha!l be the duty of said fire, game and fish wardens to enforce all statutes of this State now in force, or that may hereafter be enacted, for the protection of forests and timber lands from fire, and for the protection and propa- gation of game, game birds, game mammals, song and insec- tivorous birds, and fish, and said constables or wardens shall have authority to arrest without warrant any person or persons caught by them in the act of violating any of the aforesaid laws for the protection of forests and timber lands, game, and food and 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 be taken before the proper officer, and pro- ceeded against as soon as may be on a week day following the arrest. [LL. 1899, act 14, sec. 2=1 Pur. Dig., p. 730, sec 50.] 8 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. No. 154 (a). Nore.—Section 3, act 14, L. 1899 (1 Pur. Dig., p. 730, 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.@ No. 155. Any 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 be drawn until the respective county commissioners shall have first furnished, 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 be liable to pay for this purpose in any one year an amount exceeding five hundred dollars.” [L. 1899, act 14, sec. 4=1 Pur. Dig., p. 730, sec. 54.) No. 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 22 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-officio Fire, Game, and Fish Wardens (see Nos. 152-158), have, however, been made subject to reorganiza- tion by the Chief Forest Firewarden, in order to conform those earlier provisions to the present system (see NO. 87¢c) ; 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 ind!- eate 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 | been replaced. 40 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 he shall have personal knowledge, or of which he shall have notice in writing by any citizen, giving the name of the offender together with the names of the 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. 51 Pur. Dig., p. 730, see. 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 for by the act of July 15th, 1897, or when they have appointed inefficient persons 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. 12 Pur. Dig., p. 1746, sec. 46.] No. 158. When conviction 1s 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 those 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 be 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 fires. [L. 1909, act 601, sec. 1—5 Pur. Dig., p. 6246, sec. 96.] No. 160. The Commissioner of Forestry and the Deputy Commissioner of Forestry 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. 25 Pur. Dig., p. 6246, sec. 97.) 4h No. 161. 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 necessity exists for such appointment, a suit- able and competent person, who shall be known as the dis- STATE FORESTRY LAWS—-PENNSYLVANIA. 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, honesty, and ability to perform the duties herein demanded and required.” [L. 1909, act 601, sec. 35 Pur. Dig., p. 6246, sec. 98.] No. 162. 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 be known by, an appropriate badge of authority, to be approved by the Commissioner of Forestry, which shall be produced and shown on all proper occasions, when- ever demanded.” [L, 1909, act 601, sec. 4=5 Pur. Dig., p. 6246, sec. 99.] No. 163. Whenever fire is discovered in or approaching woodlots, forests, or wild lands, whether the same be owned by individuals, corporations or by the Commonwealth, it shall be the duty of the fire-warden, immediately, to take such measures as are necessary for the extinguishment of the fire. He shall have authority to employ such other per- sons as, in his judgment, may be necessary to render assist- ance in extinguishing fire; and whenever it shall not other- wise be possible for him to secure a sufficient number of persons to assist in extinguishing fire, he is hereby given the power and authority to compel the attendance of, and the rendering of assistance by, persons, in the extinguishing of fire under the penalties prescribed in this act. The dis- trict fire-warden, while engaged in performing the duties imposed by this act, shall receive as compensation twenty- five (25c) cents per hour, and his actual, necessary expenses incurred; and the persons so employed, or compelled to assist the warden, in the extinguishment of fire, shall receive as compensation for their services fifteen (15c) cents per hour.® [L. 1909, act 601, sec. 5=5 Pur. Dig., p. 6246, sec. 100.] No. 164. The employes of the Department of Forestry shall be ex-officio fire-wardens, whose duties and powers shall be the same as, by this act, are vested in the district fire-wardens appointed by the Commissioner of Forestry ; but they shall not receive any compensation other than the regular pay allowed as an employe of the Department of Forestry, and the necessary expenses by them incurred in the performance of their duties as fire-wardens.” [L. 1909, act 601, sec. 6=5 Pur. Dig., p. 6246, see. 101.] No. 165. 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 fire so far as may He within his power. No such owner or lessee, Nor any person in the employ of such owner or lessee, shall receive any compensation under this act for extin- guishing fire upon the lands of such owner or lessee.” [L. 1909, act 601, sec. 7—=5 Pur. Dig., p. 6247, sec. 102.] See also No. 178. No. 166. In each township and borough the district fire- wardens, appointed by the Commissioner of Forestry, may | appoint, by and with the consent of the Commissioner of Forestry, suitable persons, to be known as assistant fire- wardens, who shall possess the same qualifications demanded by this act for the district fire-wardens, and who are hereby vested with the same power and authority. They shall re- ceive, aS compensation for their services so to be performed, the sum of twenty cents per hour, and the necessary expenses incurred in the actual performance of their duty. They shall ee STATE FORESTRY LAWS—PENNSYLVANIA. 41 make their reports to the district fire-warden, and be under his immediate supervision and control, subject to the super- vision of the Commissioner of Forestry.” [L. 1909, act 601, sec. 8=5 Pur. Dig., p. 6247, sec. 103.] No. 167. Whenever a forest, woodlot or wildland fire shall have been combatted or extinguished, by the means provided for in this act, the district fire-warden shall prepare a correct statement, showing the date of the fire, the number of men employed to extinguish the fire, the number of hours each was employed, and the actual amount of expense incurred, verified by oath or affirmation, and shall forward the same at once to the Commissioner of Forestry. It shall be the further duty of the district fire-warden thoroughly to investi- gate the cause or origin of the fire, to collect such evidence as may be discovered relating thereto, and make a report thereon to the Commissioner of Forestry, together with a statement showing the area burned over and damage done by the fire. The assistant fire-wardens shall render their accounts, under oath or affirmation, to the district fire-warden, who shall thor- oughly investigate the facts therein stated, and, if he find them correct, shall transmit the same to the Commissioner of Forestry. The above reports and accounts shall be made upon uniform blanks to be furnished by the Commissioner of Forestry.” [L. 1909, act 601, sec. 9=5 Pur. Dig., p. 6247, secs, 104, 105.] No. 168. Upon receipt of bills for extinguishing forest fires, the Commissioner of Forestry is hereby authorized and directed carefully to audit the same. He shall not approve any bill until he has first satisfied himself of its correctness, and that the services therein claimed were actually rendered, or the expense actually incurred. If the Commissioner of Forestry approve an account so rendered, he shall transmit the same to the Auditor General of the Commonwealth ; who Shall first satisfy himself of its correctness, and shall then draw his warrant, against the fund hereinafter appropriated to pay for the extinguishment of forest fires, and in favor of the respective district fire-wardens, as directed by the Com- missioner of Forestry. Said warrants shall be delivered to the Commissioner of Forestry, for transmission to the district fire-wardens, who are hereby then required to pay the several sums so transmitted to the persons lawfully entitled thereto, taking proper receipts and vouchers for each payment so made, which vouchers shall be filed with the Commissioner of Forestry.” [L. 1909, act 601, sec. 10=5 Pur. Dig., p. 6247, sec. 106.] No. 169. At the end of each calendar year, after the bill for the extinguishment of forest fires shall have been pre sented for that year, the Auditor General of the Common- wealth shall prepare a statement showing the expenditure made for the extinguishment of fires in each of the counties of the State, and shall transmit to the Commissioners of each county a copy of the statement relating to their respective county. The Auditor General shall, at the same time, state an account with each of the said counties, and collect from each county an amount equal to one-fifth of the amount ex- pended by the Commonwealth for the extinguishment of forest fires in that particular county. The county commis- sioners of each county shall, immediately upon receipt of the stated account of the Auditor General, forward to him, for the use of the Commonwealth, the amount of money so found to be due and owing by the county for the extinguishment of forest fires. In case the said account is not settled within thirty days after its receipt by the county commissioners, the Auditor General is hereby authorized, empowered, and re- quired to collect the amount of the then delinquent account stated, in manner provided by existing law for the collection of accounts due the Commonwealth.” [L. 1909, act 601, sec. 11=5 Pur. Dig., p. 6247, sec. 107.] No. 170. The said fire-wardens shall not be limited in their 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 purpose of extinguish- ing fire, 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 fire-fighting crews.” [L. 1909, act 601, sec. 12—5 Pur. Dig., p. 6247, sec. 108.] No, 171. Whenever any fire-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 fire 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 fire-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-warden 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, after 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 affirmation 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 fire-warden, a forest, woodlot, or wild land fire shall be extinguished or combatted by persons without first haying 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 fire-warden, wherein he shall have power and authority to examine persons under oath or affirmation, 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: Provided 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 Commissioner of Forestry the evidence shall warrant such prosecution.” [L. 1909, act 601, sec. 15=5 Pur. Dig., p. 6248, sec. 111.] See also No. 165. No. 174. No fire-warden, appointed in accordance with the provisions of this act, shall be personally liable to any person employed or required to combat or extinguish fire, by reason of such employment or requirement; and no action for any compensation alleged or claimed to be due any per- 42 son for combatting or extinguishing fire shall lie against such fire-warden.” [L. 1909, act. 601, sec. 16=—5 Pur. Dig., p. 6248, sec. 112.] No. 175. If any person shall feel aggrieved any fire-warden, in allowing or disallowing compensation for extinguishing fires, such person may appeal to the Commissioner of Forestry, who will examine into the complaint. After hearing the proofs and allega- tions of the parties, he shall decide as to him shall seem just and right, and his decision shall be final and not sub- ject to review.” [L. 1909, act 601, sec. 17=5 Pur. Dig., p. 6248, sec. 113.] by the act of any sum as No. 176. During the months of April and May and the period from September fifteenth to November fifteenth, in each year, commonly called the fire seasons, in order to preyent fire and provide for its immediate suppression, the fire-wardens may, in the discretion of the Commissioner of Forestry, be required to keep daily patrol in the regions under their care known to be especially hazardous or sub- ject to outbreak of fire. For such services, so to be rendered, the fire-wardens, in addition to the compensation hereinabove allowed, shall be entitled to receive a stated sum, not in excess of twenty-five dollars per month, to be fixed and allowed by the Commissioner of Forestry. The Commissioner of Forestry shall, likewise, designate the fire- wardens for such continuous service, and the places to be patrolled by them, as in his judgment will produce the best results in the prevention or immediate suppression of fire. All sums of money which may thus become due to fire- wardens for continuous patrol seryice, and all other sums of money which may be earned by them and others in the prevention and suppression of fire, shall be paid, in manner hereinbefore provided, from the fund appropriated for the use of the fire-warden system created by this act. [L. 1909, act 601, sec, 18=5 Pur. Dig., p. 6248, sec, 114.] No. 177. Every fire-warden appointed, or so constituted and designated, in accordance with the provisions of this act, shall have the same powers as by existing law are con- STATE FORESTRY LAWS—PENNSYLVANIA. | ferred upon constables and other peace officers, to arrest on view, without first procuring a warrant therefor, any per- son detected by them in the act of committing an offense against any of the laws now enacted or hereinafter to be enacted for the protection of forests, woodlots, timber or wild lands, or when they shall have a reasonable suspicion that any person is committing or is about to commit some such offense. The said warden shall have further power to take and convey the offender before a justice of the peace, or other magistrate having jurisdiction for hearing, trial, or other due process of law.” [L. 1909, act 601, sec. 19=5 Pur, Dig., p. 6248, sec. 116.] No. 178. If any fire-warden shall fail, or wilfully or neg- ligently refuse, to perform his duty, or shall render a false © or fraudulent statement of services alleged to have been performed; or shall fail or refuse to pay promptly the re- spective amounts due those who have assisted in the ex- tinguishing of said fires, after said amounts have been trans- mitted to him by the Commissioner of Forestry; such fire- warden shall be deemed guilty of a misdemeanor, and, upon conviction thereof, shall be fined in a sum not exceeding one hundred dollars, or undergo imprisonment not exceeding three months, either or both, at the discretion of the court.” [L. 1909, act 601, sec. 20—5 Pur. Dig., p. 6249, sec. 116.] No. 179. If any fire-warden, being in need of assistance in the suppression of fire, shall call upon any person to render such assistance, and such person shall refuse to render as- sistance, without a just, fair, and legal excuse, and one which is satisfactory to the fire-warden, he is hereby de- claved to be guilty of a misdemeanor, and, upon conviction thereof, shall be sentenced to pay a fine not exceeding fifty dollars, or imprisonment not exceeding one month, either or both, at the discretion of the court.” [L. 1909, act 601, sec. 21—5 Pur. Dig., p. 6249, sec. 117.] No. 180, Notp.—The provisions of section 22, act 601, L. 1909, making an appropriation for the fire protection work under that act, for the biennium following, is here omitted for the reason that it is obsolete. WASHINGTON : GOVERNMENT PRINTING OFFICE : 1921 %, fi 0 = . é ‘ 7 : \ . = 3 4 i ° i « i . 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