shall be a defense if the defendant shall show that the said tim- Feb. 13, 1893, c. 103, v. 27, ber was so cut or removed from the timber lands for use in such p. 444; Mar. 3, State or Territory by a resident thereof for agricultural, mining, 1901, c. 855, v. 31, p. 1436. manufacturing, or domestic purposes under rules and regulations made and prescribed by the Secretary of the Interior and has not been transported out of the same, but nothing herein contained Railroads shall operate to enlarge the rights of any railway company to cut may not cut. timber on the public domain, provided that the Secretary of the Secretary of Interior may make suitable rules and regulations to carry out the the Interior to make regulaprovisions of this act, and he may designate the sections or tracts tions. of land where timber may be cut, and it shall not be lawful to cut act of Mar. 3, Amending or remove any timber except as may be prescribed by such rules 1891, c. 559, v. 26, p. 1093. and regulations, but this act shall not operate to repeal the act of Mineral land timber law of June third, 1878, providing for the cutting of timber on mineral 1878 not relands: [Provided], That it shall be lawful for the Secretary of pealed. Exporting the Interior to grant permits, under the provisions of * * from certain States permit[this section], to citizens of Idaho and Wyoming, to cut timber in ted. the State of Wyoming west of the continental divide, on the Snake River and its tributaries to the boundary line of Idaho for agri- 1898, c. 546, v. cultural, mining, or other domestic purposes, and to remove the 30, p. 618. timber so cut to the State of Idaho.

*

NOTE 1. The amending acts of March 3, 1891, chap. 559, February 13, 1893, and March 3, 1901, merely added other States and Territories to those already mentioned in sec. 8 of act of March 3, 1891, quoted above. These new names are inserted in the body of the law. It is this act of March 3, 1891, sec. 8, as amended, that gives the "free use of timber" right on lands which are non-mineral and non-reserve.

NOTE 2.-The amending act of July 1, 1898, has been incorporated in the above section practically verbatim as a proviso. The words "Provided" and this section" have been interpolated for clearness and where the stars appear the words "the eighth section of act of March 3, 1891," have been omitted for the same reason.

Amendatory act of July 1,

both Montana

v. 31, p. 1439,

NOTE 3.-By the act of March 3, 1901, (Compiled Statutes, Citizens of page 1534), it is further enacted, that the above provisions and Wyoming "limiting the use of timber taken from public lands to resi- to use certain dents of the State in which such timber is found, for use timber. Mar. within said States, shall not apply to the south slope of Tryon 3, 1901, c. 862, Mountain, in the state of Montana, lying south of the Crow Reservation, west of the Big Horn River, and east of Sage Creek; but, within the above-described boundaries, the provisions of said chapter shall apply equally to the residents of the States of Wyoming and Montana, and to the use of timber taken from the above-described tract in either of the abovenamed States."

ALABAMA.

Timber trespass on state

CODE OF ALABAMA.-Sec. 5609. Any person who knowingly and wilfully enters upon the lands of the state and cuts any timber lands. or cultivates such land, or otherwise appropriates the same, to any private use, without lawful authority, must, on conviction, be fined not less than one hundred dollars, and may also be im- Penalty. prisoned in the county jail for not more than thirty days; and this section must be given in special charge to the grand juries.

Sec. 5610. Every trespasser on school lands must, on conviction, Timber trespass on school be fined not less than three times the amount of the injury occa- lands.

Disposal of sioned by such trespass; and the fine shall be added to the principal of the school fund of the township.

fine.

Timber trespass on school

NOTE. For trespass on reserved township timber lots, see under heading Alabama, Chap. II of this bulletin, page 30. See also sec. 5616 on page 92 of this bulletin.

ARIZONA.

REVISED STATUTES OF ARIZONA.-Sec. 4041. The lessees of any lands by lessee. school or university lands shall not be allowed to cut for barter or sale, or use more timber therefrom than is necessary for the Exceptions. improvement of such land, or for fuel for family use, excepting it was planted thereon by the party leasing, or by his predecessor. Any person or persons, firm or corporation violating the provisions of this section shall be deemed guilty of a misdemeanor, and fined not less than one hundred ($100) dollars and not more than three hundred ($300) dollars for each and every offense.

Penalty.

Timber trespass on public lands.

Penalty.

Timber trespass on university lands.

Penalty.

PENAL CODE.-Sec. 329. Any person who shall cut or remove, or take any timber from any of the public lands within any of the counties of this territory for the purpose of shipping the same to any place without this territory, or to any foreign place or market whatever, shall be deemed guilty of a felony, and, upon conviction, shall be imprisoned in the territorial prison for not to exceed three years, or fined not to exceed five thousand dollars, or both such fine and imprisonment.

Sec. 542. Every person who wilfully commits trespass upon the public lands granted by the United States to the territory of Arizona for the use and support of a University in said territory, and selected and located as such under an act of Congress, approved February 18, 1881, by either:

1. Cutting down, destroying or injuring any kind of wood or timber growing upon said lands, or,

2. Carrying away any kind of wood or timber lying on such lands; * * * shall be deemed guilty of a misdemeanor, and upon conviction shall be punished by a fine of not less than fifty nor more than one thousand dollars, or by imprisonment in the county jail for not more than one year, or both such fine and Railroads ex- imprisonment; but this section shall not apply to nor include any cepted. railroads which may hereafter be built in so far as it prohibits the cutting of timber in securing a right of way through university lands.

Timber inspector.

Seizing stolen timber.

ARKANSAS.

DIGEST OF STATUTES.--Sec. 3876. The commissioner of state lands shall be ex officio state timber inspector and shall discharge the duties and receive the fees herein prescribed. * * *

Sec. 3897. In case the state timber inspector shall find anywhere in this state any logs, timber, lumber, staves, shingles, shingle bolts, stocks, headings, wood, bark, stone, mineral or other material unlawfully cut, dug, removed or taken from any state lands he shall seize the same or cause the same to be seized and shall give written notice to any person or persons who may be found in possession or control of the same of such seizure and shall cause a complaint to be filed in some court of competent jur

isdiction charging such logs, timber, lumber, staves, shingles, shingle bolts, stocks, headings, wood, bark, stone, mineral, or other material to have been unlawfully cut, dug, removed or taken from state lands, and charging the same to be the property of the state. If no person or persons shall be found in possession or control of the same, then the complaint shall state that fact.

Practice.

Sales.

NOTE 1.-Sections 3898 and 3899 provide for the method of legal procedure in case of the seizure mentioned above. Sec. 3900 provides for public or private sale of timber thus seized, when judgment is rendered for the state. Sec. 3901 provides that the prosecuting attorney of the circuit must prosecute Prosecuting such suits for the state. Sec. 3902 provides that the proceeds attorney. of such sales shall be distributed as follows: If the timber Distribution inspector furnishes the information, 40 per cent shall go to the of proceeds. inspector, 10 per cent to the prosecuting attorney, and 50 per cent to the state treasury. If an outsider furnishes the information, 25 per cent shall go to the inspector, 15 per cent to the informant, 10 per cent to the attorney, and 50 per cent to the state. Sec. 3903 provides that sheriffs and township officers Peace officers. must give information of such trespass. Sec. 3904 provides that prosecuting attorneys must initiate both criminal and civil suits against trespassers. Sec. 3905 provides that all money derived from such sales and from civil suits and not fund. otherwise specifically provided for, must be covered into the state treasury to the credit of the respective funds to which the lands belong, but all other moneys recovered must be paid into the general fund.

NOTE 2.-For criminal punishments see Chap. III A of this bulletin, Sec. 1774 and following, page 92.

COLORADO.

Criminal and civil suits.

Special fund and general

Penalties.

Criminal trespass on state

LAWS OF 1897, CHAP. 73.-Sec. 1. Any person who shall cut or remove any timber from any state land without authority so to do timber. by the state board of land commissioners, shall be deemed guilty of a misdemeanor, and on conviction thereof shall be punished by a fine in any sum not less than three dollars nor more than three hundred dollars, or by imprisonment in the county jail for a term not less than thirty days nor more than three months, or by both such fine and imprisonment, for the mutilation or destruction of each tree.

Sec. 2. Justice courts, county courts and district courts shall have jurisdiction for the trial of offenses under this act, and it shall be the duty of the county superintendent of schools to make complaint whenever he shall be informed of any violation of this act, and of the district attorney and his deputy to prosecute the

Penalty.

of super

Duty county intendents.

Sec. 13. Any person who shall cut or remove a coniferous growth Removing conifers. from the public lands, or state lands, with the intention to ship or sell the same outside the state, shall be deemed guilty of a misdemeanor, but this provision shall not apply to the transplanting of trees for ornamental purposes.

NOTE. The greater part of the provisions of Laws of 1897, Chap. 8, relating to fish and game and the office of commissioner of forests, fish, and game, was superseded by Laws of 1899, Chap. 98, which creates the department of fish and game. This act reenacts substantially all the provisions of the law of 1897, relating to fish and game, with many new provisions, but leaves out the forestal provisions, except a section

Timber agent.

Duties of agent.

against fire (Sec. 14, see Chap. IV A of this bulletin, page 145). It does not in terms repeal any provision of the law of 1897, and its provisions were here inserted because some doubt may exist whether they have been repealed or not.

FLORIDA.

REVISED STATUTES.-Sec. 654. The sheriff of each county within this state shall, ex officio, act as timber agent for his county, and he shall receive as pay for his services one-fourth of the net proceeds from all seizures and of all net amounts recovered from trespassers reported by him upon the lands of the state or of any fund of the state.

Sec. 655. It shall be the duty of the timber agent to inquire dili- · gently into all cases of trespass upon the public lands that may come to his knowledge, and to make complaint thereof before the court or any officer having jurisdiction, that the parties offending may be arrested and dealt with according to law; and said timber Power to ar- agent shall have power and authority in his county, to arrest any rest trespassers and seize prop- person trespassing upon the public lands, and shall have power erty. and authority to seize all timber that shall have been cut upon the Sales of prop- public land of the state, or removed therefrom, and to sell the erty seized. same at such places within the district as he may deem most convenient, after giving thirty days' notice by one publication in the newspaper published nearest the place of sale, and posting the notice in three public places in the county where the sale is to take place.

Practice. Fine for opposing a timber agent.

NOTE.-Sections 656 and 657 provide only for the legal method of procedure. Sec. 2584 provides a fine of not more than fifty dollars for obstructing or resisting a timber agent. REVISED STATUTES.-Sec. 2522. If any person shall cut, or cause trespass on or procure to be cut, or aid, assist, or be employed in cutting any state timber.

Criminal

cedar, juniper, cypress, oak, pine, palmetto, or other timber, standing, growing or being on any of the public lands of this state, whether for the support of schools, seminaries or internal improvements, or if any person shall remove, or cause or procure to be removed, or aid or assist or be employed in removing from any such lands any cedar, juniper, cypress, oak, pine, palmetto or other timber, unless duly authorized to do so; or if any person or persons shall cut or box, or cause or procure to be cut or boxed, or aid, assist, or be employed in cutting or boxing any pine timber upon any of said public lands for the purpose of extracting and gathering the turpentine therefrom, or shall gather or remove, or cause to be gathered or removed, or aid, assist or be employed in gathering or removing any turpentine extracted from the pine timber so cut or boxed; or if any person shall, in any way, by cutting, felling, girdling or otherwise, destroy or injure any timber standing, growing or being upon said lands, he shall for every such of offense pay a fine of not more than triple the value of the tree or treble damages. trees or timber so cut, removed, boxed, destroyed or injured, and

Penalty

shall be imprisoned in the county jail not exceeding twelve months. This section, however, shall not apply to any person upon the pubCutting tim- lic lands, who shall cut or fell timber on the same for the purpose ber for proper of clearing land for cultivation, or for building, fencing or fuel for his own immediate use, or for making or constructing or repairing

use.

working tools and implements to be used upon the farm, nor to the cutting or removal of dead and fallen timber other than cedar, juniper, pine and cypress, nor to cut wood for fuel which is otherwise valueless.

Sec. 2523. Any sheriff or his deputies, who shall combine with any person trespassing on the state lands, or engaged in getting logs or other timber therefrom for sale, shall be punished by imprisonment in the state prison not exceeding three years, or by fine not exceeding one thousand dollars.

Sheriff as accessory.

Penalty.

or

LAWS OF 1895, PAGE 177, CHAP. 4416.-Sec. 1. If any person Trespass on tax lands before shall cut or cause or procure to be cut, or aid, assist or be em- redemption tax deed. ployed in cutting any cedar, juniper, cypress, oak, pine, palmetto or other timber standing, growing or being on any lands that have heretofore been sold or may hereafter be sold for taxes, before the lands are redeemed or a tax deed issued for the same; or if any person shall remove or procure or cause to be removed or aid or assist or be employed in removing from any of such lands any cedar, juniper, cypress, oak, pine, palmetto or other timber; or if any person shall cut or box, or cause or procure to be cut or boxed, or aid, assist, or be employed in cutting or boxing, any pine timber on said lands for the purpose of extracting and gathering the turpentine therefrom, or shall gather or remove, or cause to be gathered or removed, or aid, assist, or be employed in gathering or removing any turpentine extracted from the pine timber so cut or boxed; or if any person shall in any way, by cutting, felling, girdling, or otherwise, destroy or injure any timber standing, growing or being upon said lands, he shall for every such offense be deemed and held to be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not more than five hundred dollars: Provided, however, this act shall not apply to the owner or owners of said lands at the time the lands were sold for taxes.

HAWAII.

COMPILED LAWS.-Sec. 1617. From and after the passage of sections 1617-1619 it shall not be lawful for any person to cut, mutilate, or destroy any forest tree or growing shrubbery or underbrush within 250 feet of any road which may have been or hereafter may be constructed by the government through any natural forest.

Penalty.

Owner may cut.

Timber tres pass near road.

Settlers may continue clear.

Sec. 1618. Sections 1617-1619 shall not be construed to prevent any person who may have already cleared and planted land, such ing. land now being under cultivation, from clearing trees, shrubbery and underbrush therefrom to a sufficient extent to properly continue such cultivation, nor to prevent the holder of such lot from constructing a road to the rear of such lot.

Sec. 1619. Any person violating Sections 1617-1618 shall be Penalty. fined not less than ten dollars nor more than fifty dollars for each offense.

NOTE. See also latter half of Compiled Statutes, Sec. 1611, which may be found on page 36 of this bulletin.