Receiving stolen lumber.

Penalty.

Value less than $30; petit larceny.

Penalty.

Timber trespass on state fands.

not less than six months, or by a fine not less than three hundred dollars.

Sec. 1971. If the owner of any sawmill, stave mill, or shingle or other mill or any person operating any such mill, or if any person as agent of any person owning or operating any such mill, or if any person as officer or agent of any corporation owning or operating any such mill, or if any person shall by himself, his agent or servant knowingly receive or purchase any trees, logs or timber, or the products of any trees, logs or timber, knowing the same to have been cut contrary to the provisions of this act, for the purpose of sawing or manufacturing the same, or for other purposes, or for the purpose of selling the same, of the value of thirty dollars, he shall be deemed guilty of a felony, and upon conviction, shall be punished by imprisonment in the penitentiary for a period of not less than two years, or by imprisonment in the county jail not less than six months, or by fine not less than three hundred dollars.

Sec. 1972. If the trees so cut down or destroyed be of value less than thirty dollars, or if the parts of trees, timber, rails, lumber, staves, ties, piling, heading or shingles made therefrom, so taken and carried away, or so sawed at any sawmill shall be of a value less than thirty dollars, the person so offending shall be deemed guilty of petit larceny, and upon conviction shall be punished by imprisonment in the county jail, not exceeding one year, or by fine not exceeding one hundred dollars, or by both such fine and imprisonment.

MONTANA.

PENAL CODE.-Sec. 1076. Every person who commits a trespass on, or injury to any state lands or the improvements thereon, or who, without the proper authority, cuts, fells, girdles, injures or destroys any trees or timber upon any of the school, university or other state lands, or removes or attempts to remove the same or knowingly purchases or receives such trees or timber, or Treble damadvises the removal thereof, is guilty of a misdemeanor and is ages. also liable to the state for three times the value of said trees or timber, or lumber, into which the same was converted. All fines collected and all moneys recovered by virtue of this section must be paid into the school fund of the state.

Disposition of

fines.

Duty of county super

POLITICAL CODE.-Sec. 3516. Every person who commits a tresintendent in pass on or injury to any of the lands of the state, or the improvetres-ments thereon, is guilty as provided in section 1076 of the penal

case of pass.

code. It is the duty of the county superintendent of common schools to report to the proper officers all offenses committed in his county relating to the public lands of the state.

NEBRASKA.

NOTE. See Chap. III-A under the heading Nebraska, Sec. 7215, page 104, of this bulletin.

NEVADA.

COMPILED LAWS.-Sec. 328. It shall be unlawful for any person Timber trespass on lands or corporation to cut down, or remove, or cause to be cut down or under inchoate removed, any wood, timber or trees on or from any land in this title. state, to which this state, or any person or corporation has or may have an inchoate title, or any title less than fee simple, and the provisions of this section shail apply to the owner of such inchoate title or title less than fee simple, the same as to other persons and corporations.

Sec. 329. If any owner of an inchoate title to any land in this Such tres

state, or title to such land less than fee simple, or any other per- meanor. pass a misde

Penalty.

son or corporation, shall violate the provisions of the first section of this act (Section 328), such person or corporation shall be deemed guilty of a misdemeanor, and on conviction thereof shall be fined in any sum not exceeding five hundred dollars. Sec. 330. If any person shall cut down or remove any tree, wood Timber trespass on or timber from any land in this state, to which the state has a lands. fee simple title or an inchoate title by reason of grant from the United States, such person shall be deemed guilty of a misdemeanor, and on conviction thereof shall be punished by fine as provided in section two of this act.

Penalty.

state

Sec. 331. * * * Nothing in this act contained shall be so Use for fuel and improveconstrued as to prevent the cutting and using by actual settlers ment. upon such lands as are herein specified of such woods as may be necessary for domestic uses, or of such timber as may be necessary for making permanent improvements upon such lands.

Conifers under 12 inches

to be cut.

LAWS OF 1903, CHAP. 93.-Sec. 1. It shall be a misdemeanor to sell or offer for sale any live or growing wood obtained from any in diameter not common, white, yellow or sugar pine tree, or any fir, tamarack, spruce or flat-leaved cedar tree less than one foot in diameter, two feet from the ground.

Sec. 2. The object of this Act is to protect the second or later growth of wood and timber on lands in this state, and it shall be [so] construed, in order that the natural water supply of the state may be preserved and its young forests saved from wanton destruction.

Sec. 3. Any person convicted of the violation of any provision of this Act shall be punished by a fine of not to exceed five hundred dollars, ($500), or imprisonment in the county jail for a period not to exceed six months, or by both such fine and imprisonment.

NEW HAMPSHIRE.

NOTE.-See Chap. II of this bulletin, note on page 56.

law.

Purpose of

Water

sup

ply.

Penalty.

NEW YORK.

timber.

CUMMING AND GILBERT'S ANNOTATED GENERAL LAWS, PAGE Civil and crimin a 1 a c1506 (as amended by Chap. 334, Laws of 1903).-Sec. 222 (Of the tions for tresForest, Fish and Game Law). Actions may, on the order of a pass on State commissioner or of the chief game protector be maintained in the name of the people, through special counsel whose compensation shall be fixed by the commission, to recover damages for trespass

Penalty.

Timber trespass on State lands.

ages.

or waste on lands in the forest preserve, or to prevent trespass or injury thereto with relief by temporary or final injunction; or to recover possession of lands belonging to the state within the forest preserve. Moneys recovered in such an action, shall be paid to the commission, which after paying the expense of collection shall, on the certificate of the chief game protector, pay to the game protector upon whose information the action was brought fifty dollars, or if the net balance be less than one hundred dollars, one-half thereof. A person who cuts or causes to be cut or carried away any tree, timber, wood or bark from state lands in the forest preserve is guilty of a misdemeanor; he shall also be liable to a penalty of ten dollars for each tree cut, taken away and destroyed by him, or under his direction. The penalty so incurred may be recovered in the action to recover damages for trespass, or in a separate action.

NOTE. See also provisions of penal code, sec. 640, page 106 of this bulletin.

NORTH DAKOTA.

REVISED CODE.-Sec. 229. Whoever commits any trespass upon any of the lands owned, or held in trust, or otherwise, by the Treble dam- state, shall be liable in treble damages in an action to be brought in the name of the state if such trespass is adjudged to have Single dam- been wilful; but single damages only shall be recovered in such action if such trespass is adjudged to have been casual and involuntary.

ages.

Sec. 230. Whoever commits any wilful trespass upon the lands owned or held in trust or otherwise by this state, either by cutting down or destroying any timber or wood standing or growing thereon, or by carrying away any timber or wood therefrom, or by mowing or cutting or removing any hay or grass standing or growing or being thereon; or who injures or removes any buildings, fences, improvements or other property belonging or appertaining to said land or unlawfully breaks or cultivates any of said lands, or aids, directs or countenances such trespass or other injury shall be deemed guilty of a misdemeanor, and on conviction thereof shall be punished by imprisonment in the county jail not more than one year, or by fine not exceeding five hundred dollars, or both such fine and imprisonment, in the discretion of the court. And whoever is occupying, residing upon or in possession of any school or other public lands owned or held in trust or otherwise by the state at the time of the passage, approval and taking effect of this act without a valid lease therefor, shall be deemed and held to be a wilful trespasser thereon, and guilty of trespass upon such land, and upon conviction thereof shall be punished as provided for in this section for any other act of trespass.

Sec. 231. In addition to the penalties provided for in this article against those committing trespass upon any of the lands owned or held in trust or otherwise by this state, the commissioner is authorized and empowered without legal process to seize and take, or cause to be seized or taken any and all timber, grass, wood, or other property unlawfully severed from such

lands, whether the same has been removed from such lands or not, and may dispose of the property so taken, either at public or private sale, in such manner as will be most conducive to the interests of the state; and all moneys arising therefrom, after deducting the reasonable and necessary expenses of such seizure and sale shall be made a part of the general fund belonging to the public lands, and shall be distributed in accordance with the provisions of this article.

Sec. 232. All damages recovered from any trespass or other injury upon or to any of the lands mentioned in this article, shall be paid over to the state treasurer for the benefit of the general fund to which the same properly belongs.

Sales of timber seized.

Disposal of proceeds.

Disposal of

damages.

pass on school

see.

Sec. 225. No lessee of any of the common school or public lands Timber tresof the state, or his heirs or assigns, shall cut down or take away lands by lesfrom such land any timber, trees or wood, or cause the same to be done, by any person, except that such lessee may cut down, or use May use dead such amount of dead or prostrate trees or timber as may be suffi- trees for fuel. cient to supply him with fuel for his family or the families of his employees actually residing upon such tract. Any lessee violating the provisions of this section shall forfeit his lease and all rights and interest thereunder, and shall be liable to the state for damages sustained by the state by reason thereof, and shall be guilty of a misdemeanor.

OHIO.

Penalty.

ANNOTATED STATUTES.-Sec. 1197. When it comes to the knowl- Duty county edge of a county surveyor, that any trespass has been committed, veyor. on any canal, school or ministerial lands belonging to the state, he shall immediately ascertain the extent of such trespass, the name of the trespasser and the names of witnesses, and report the same to the prosecuting attorney of the county; for which services he shall be paid out of the fines collected therefor and the proceeds of sale of timber seized by the prosecuting attorney, such compensation as the court allows.

of

sur

Sec. 1279. When a tree or trees standing or growing on any lands Prosecutions. belonging to the state, or any land belonging to any school district, are without lawful authority cut down, or in any way injured, the prosecuting attorney shall prosecute the wrong-doer, and he shall seize all timber so cut down, if the same can be found, and sell it at public vendue, on five days' notice, and after the payment of any fees due to the county surveyor provided for in section 1197, pay the proceeds into the county treasury to the credit of the auditor of state or school district, as the case may be.

ANNOTATED STATUTES.-Sec. 6880. If any person shall, without authority, enter upon any land belonging to the state of Ohio, or held in trust by the state, and cut down any standing timber, or shall remove therefrom any stone or timber, the same being the property of the state, he shall be deemed guilty of a misdemeanor, and every person so offending shall, upon conviction thereof, be fined in any sum not exceeding fifty dollars, and be imprisoned in the jail of the proper county, any time not exceeding ten days.

NOTE. See also chap. III A of this bulletin, sec. 6880a, and following, page 107.

Misdemeanor.

Criminal tres

pass.

Trespass on public timber.

Penalty.

Criminal tres

pass.

Civil damages.

OREGON.

CODES AND STATUTES.--Sec. 1827. If any person shall wilfully cut down, destroy or injure any tree standing or growing upon any lands of this state, whether known as state lands or otherwise, or shall wilfully take or remove from any such lands any timber or wood previously cut or severed from the same, or shall dig, quarry, take or remove any mineral, earth or stone from such lands, such person upon conviction thereof, shall be punished by imprisonment in the county jail not less than one month nor more than one year, or by fine not less than fifty nor more than one thousand dollars.

PENNSYLVANIA.

NOTE 1.-See section 2, Act of 1901, in chap. II of this bulletin.

NOTE 2.--For power of forest police to arrest with or without warrant for trespass on State" forestry reservations," see Laws of 1903, page 24, in chap. II, page 72 of this bulletin. See also act of April 29, 1897, section 1, on page 70 of this bulletin.

PHILIPPINE ISLANDS.

ACTS OF THE PHILIPPINE COMMISSION, No. 530.--Sec. 6. Every person who unlawfully cuts, or aids, or is employed in unlawfully cutting, or wantonly destroys, or procures to be wantonly destroyed, any timber standing upon lands of the United States, which in pursuance of law may be reserved or purchased for military purposes in the Philippine Islands, or removes any other public property, shall, upon conviction, be fined for each offense a sum not exceeding five hundred dollars, or be imprisoned for a period not exceeding twelve months, or both, in the discretion of the court.

NOTE. For further trespass provisions, see page 83 of this bulletin.

SOUTH DAKOTA.

PENAL CODE.-Sec. 539. (Annotated Statutes, Sec. 333.) Any person or persons who shall remove or attempt to remove any timber or wood standing or growing on said public and school lands, shall, in addition to the penalties provided for in this act, and on conviction thereof, be punishable by a fine of not less than one thousand dollars, nor more than two thousand dollars, or by imprisonment in the penitentiary for not less than one year, nor more than five years, or both in the discretion of the court.

Sec. 540. (Annotated Statutes, Sec. 334.) Any person who shall violate the provisions of this act shall be liable to civil suit for damages resulting from their act or acts, in addition to the criminal action herein provided for, and it shall be the duty of the state's attorney in any county where complaint is made, to bring suit, in the name of the state to recover damages for such violation in any competent tribunal, and the sum or sums adjudged by the court as the result of such action shall be covered into the state treasury, and placed to the credit of the permanent fund of the class to which said land belongs.