Penalty.

Same.

Same.

Action for damages presented.

Setting on lands another.

Penalty.

fire

of

expended under this act in any one year in any one township in this State.

Sec. 12. Any person who wilfully, negligently or carelessly sets on fire, or causes to be set on fire, any woods, whether or not on his own lands, by means whereof the property of another is injured or endangered, or any person who wilfully, negligently or carelessly suffers any fire set by himself to damage the property of another, is guilty of a misdemeanor and shall be punished by a fine not exceeding one hundred dollars, or by imprisonment in the parish jail three months. Any person who maliciously sets on fire, or causes to be set on fire, any woods, whereby the property of another is destroyed or life is endangered, shall be punished with a fine of not over five hundred dollars, or be imprisoned in the State prison for a term of not over ten years, or both such fine and imprisonment.

Sec. 13. Any person who shall kindle a fire on or dangerously near to forest lands, and leave it unquenched, or shall be party thereto, and every person who shall use other than incombustible wads for firearms, or who shall carry a naked torch, fire brand, or other exposed light in or dangerously near to forest land, causing risk of accidental fire, shall be punished by a fine not exceeding one hundred dollars or imprisonment in the parish jail not exceeding three months.

Sec. 14. Every person who shall wilfully deface, destroy, or remove any warning placard posted under the requirements of this act shall be liable to a fine not exceeding one hundred dollars for each offense, or imprisonment in the parish jail not exceeding three months.

NOTE 1.-Sections 1 to 3 inclusive of this act may be found on page 39 of this bulletin.

NOTE 2.-Section 15 of this act may be found on page 205 of this bulletin.

Sec. 16. Nothing in this act shall be construed as affecting any right of action for damages.

NOTE.-Sections 17 to 20 inclusive of this act may be found on page 39 of this bulletin.

MAINE.

REVISED STATUTES, CHAP. XXVI.-Sec. 15. Whoever kindles a fire on land not his own, without consent of the owner, forfeits ten dollars; if such fire spreads and damages the property of others. he forfeits not less than ten nor more than five hundred dollars; and, in either case, he shall stand committed until fine and costs are paid.

Malicious Sec. 16. Whoever with intent to injure another causes a fire to burning of another's timber, be kindled on his own or another's land whereby the property of Penalty. any other person is injured or destroyed, shall be fined not less than twenty nor more than one thousand dollars or imprisoned not less than three months nor more than three years.

Civil liability.

Sec. 17. Whoever for a lawful purpose kindles a fire on his own land, shall do so at a suitable time and in a careful and prudent manner; and is liable, in an action on the case, to any person injured by his failure to comply with this provision.

Sec. 18. Persons engaged in driving lumber may kindle fires when necessary, but shall use the utmost caution to prevent them from spreading and doing damage, and if they fail so to do they are subject to all the foregoing liabilities and penalties, as if said privilege had not been allowed.

Fires set by

lumber drivers.

not

Sec. 19. The common law right to an action for damages done Common law by fire is not taken away or diminished, and it may be pursued taken away. liability notwithstanding the penalties here set forth, but any person availing himself of section 17 is barred of his action at common law for the damages so sued for. And no action shall be brought at common law for kindling fires in the manner described in Sec. 18; but if such fire spreads, the person who kindled it, and any person present and concerned in driving lumber, by whose act or neglect such fire is suffered to do damage, are liable, in an action on the case, for such damage.

* *

REVISED STATUTES, CHAP. CXXVIII.-Sec. 18. If a tramp * kindles a fire in the highway or on the land of another without the consent of the owner or occupant * * * he shall be punished by imprisonment at hard labor in the state prison for not more than two years.

Fires set by tramps.

Fire dens.

war

Compensa

tion.

Duties.

LAWS OF 1903, CHAP. 168.-(For sections 1, 2, 15, 16, 17 and 18, see chap. II of this bulletin, page 40.)-Sec. 3. The selectmen of towns shall be, ex-officio, forest fire wardens therein and shall divide said towns into three districts, bounded as far as may be by roads, streams of water or lot lines, and assign to each of their number the charge and oversight of one district as district fire warden therein. A description of each district and the name of the Fire districts and fire warfire wardens thereof shall be recorded with the town clerk. The dens to be reservices of such selectmen acting as such fire wardens, shall be corded. paid for at the same rate as is paid for their other official services. It shall be the duty of the fire wardens of the district in which a fire is discovered, to take such measures as may be necessary for its control or extinction. For this purpose he shall have authority Compulsory to call upon any person in the territory in which he acts for assist- assistance and compensation ance, and such persons shall receive such compensation not exceed therefor. ing fifteen cents per hour as said selectmen may determine, the same to be paid by the town. But no town shall be holden to pay for extinguishing forest fires in any year for an amount greater than two per cent upon its valuation for purposes of taxation. If any person so ordered to assist and not excused from said service by said forest fire warden on account of sickness, disability or some important business or engagement, shall neglect to comply with such order, he shall forfeit the sum of ten dollars, to be recovered in an action of debt in the name and to the use of the town, by the treasurer thereof.

Liability of towns.

Penalty for refusing to as

sist fire wardens.

Sec. 4. It shall be the duty of the forest commissioner to take Fire wardens measures for the prevention, control and extinguishment of forest in unorganized townships. fires in all plantations and unorganized townships, and to this end he shall appoint such number of forest fire wardens to patrol the forests as may be necessary to carry out the provisions of this act, assigning to each warden the territory over and within which he shall have jurisdiction. Fire wardens, so appointed,

sioner.

shall hold office during the pleasure of said commissioner, be sworn to the faithful discharge of their duties by any officer authorized to administer oaths and a certificate thereof shall be To be under returned to the office of said commissioner. Said wardens shall direction of the forest commis- perform such duties, at such times and under such rules and regulations, as the commissioner may prescribe and they shall receive as compensation two dollars for each day of actual service. Whenever a fire occurs on, or is likely to do damage to, forest lands within the jurisdiction of any such fire warden, he shall take immediate action to control or extinguish the same, and forthis purpose forest fire wardens are hereby authorized to summon Assistance in to their assistance citizens of any county in which such fire may extinguishing be, and every person so summoned and assisting shall be paid fifteen cents for each hour of service rendered by him. ImmeExpenses to diately after the extinguishment of a fire the warden in charge be paid from funds of forest shall make return, under oath, to the commissioner, of the excommissioner. pense thereof, including the names of the persons so summoned and assisting, with their post office addresses, and the hours of labor actually performed by each. All expense incurred under the provision of this section shall be paid from the funds appropriated to and for the use of the forest commissioner.

fires.

Camp fires to be totally extinguished.

NOTE. The forest commissioner is created by sec. 1 of this act. See chap. II of this bulletin, page 40.

Sec. 5. Whoever by himself or by his servant, agent or guide, or as the servant, agent or guide, of any other person, shall build a camp, cooking or other fire, in or adjacent to any woods in this state, shall, before leaving such fire, totally extinguish the same, and upon failure to do so, such person shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be Exceptions. punished by a fine of fifty dollars, provided that such fires built

upon the sea beach in such situation that they cannot spread into forests woods or cultivated lands or meadows shall not be Informer to construed as prohibited by this act. One-half of any fine imposed or collected under this section shall be paid to the complainant.

receive half of fine.

Fire-warning

signs.

Firearms.

Sec. 6. It shall be the duty of selectmen in towns within thirty days after this act shall take effect to cause to be erected in a conspicuous place at the side of every highway, as they may deem proper, and at suitable distances alongside the rivers and lakes of the state frequented by camping parties, tourists, hunters and fishermen, in their respective towns, notices in large letters to be furnished by the forest commissioner, substantially in the following form: "Camp fires must be totally extinguished before breaking camp, under penalty of a fine of fifty dollars, as provided by law. Signed, Forest Commissioner." The forest commissioner shall furnish owners of woodlands situated within this state, when called upon so to do, notices of similar tenor to be posted at the expense of said owners upon their respective lands.

NOTE. See also sec. 17 of this act, chap. II of this bulletin, page 40.

Sec. 7. All persons engaged in hunting game on any of the woodlands within any town or unincorporated place in this State,

shall use non-combustible wads in the loading of fire arms used by them.

Inquest of origin of forest

Report to forest commissionconcerning

Sec. 8. It shall be the duty of municipal officers in towns, and county commissioners, the latter with respect to unorganized fires. places, to proceed immediately to a strict inquiry into the cause and origin of fires, within woodlands; and in all cases where such fires are found to have originated from the unlawful act of any person, to cause the offender to be prosecuted without delay. Sec. 9. The selectmen of towns in which a forest fire of more than one acre in extent has occurred, and the county commis- er sioners where a forest fire of more than one acre in extent has forest fires. occurred in any of the unincorporated places in any county, within a year, shall report to the forest commissioner the extent of area burned over, to the best of their information, together with the probable amount of property destroyed, specifying the value of the timber as near as may be, and amount of cord wood, logs, bark or other forest product, fencing, bridges and buildings that have been burned. They shall also report the causes of these fires if they can be ascertained, and the measures employed and found most effective in checking their progress. Blanks for the reports required in this act shall be furnished by the forest commissioner at the expense of the state.

NOTE. For sections 10, 11, 12, 13 and 14 of this act, see chap. IV B of this bulletin, page 206.

Blanks to be furnished.

Game war

LAWS OF 1891, CHAP. 108.-Sec. 1. Fish and game wardens are dens made fire hereby made state fire wardens, and it shall be their duty, while wardens. in and about the woods, to caution all sportsmen of the danger from fires in the woods, and to extinguish all fires left burning by any one, if within their power; and to give notice to any and all parties interested, when possible, of fires raging and beyond their control, to the end that the same may be controlled and extinguished.

Nonresidents

LAWS OF 1899, CHAP. 42.-Sec. 21. It shall be unlawful for non- to have guides. residents of the state to enter upon the wild lands of this state with intent to camp and kindle fires thereon, while engaged in hunting or fishing, without being in charge of a registered guide, during the months of May, June, July, August, September, October, and November; provided that the provisions of this section so far as entering upon the wild lands in this state with intent to camp and kindle fires thereon while engaged in hunting or fishing shall not apply to any person or persons who, while hunting or fishing, stop at any hunting or fishing camp which is owned or under the control of any registered guide or registered camp

owner.

Any such non-resident who shall take, catch or kill any deer, or enter upon the wild lands in this state, with intent to camp and kindle fires thereon while engaged in hunting or fishing, without being in charge of a registered guide, during the months of May, June, July, August, September, October and November, in violation of the provisions herein contained, shall be fined forty dollars and costs of prosecution for each offense and be subject to imprisonment thirty days.

Penalty.

Forest fires in Wicemico County.

Money appro

fires.

MARYLAND.

NOTE.-Laws of 1902, chap. 518, sec. 1, provides that fires must not be kindled in Wicomico County in such a way as to destroy or injure the property of another under penalty of fine from five to one hundred dollars, with imprisonment until fine and costs are paid; but that such fine shall not interfere with the right of an injured party to proceed by a civil suit to recover damages.

MASSACHUSETTS.

REVISED LAWS, CHAP. XXV.-Sec. 17. A town which accepts the priated to prevent forest provisions of this section, or has accepted the corresponding provisions of earlier laws, may appropriate money for the prevention of forest fires to an amount not exceeding one-tenth of one per cent of its valuation.

REVISED LAWS, CHAP. XXXII.--Sec. 16. Selectmen shall annually, in March or April, appoint one or more forest fire wards, or if towns having less than three hundred voters so vote, the selectmen may act as such. The engineers of fire departments in cities in which a fire department exists shall act as such.

Sec. 17. In a town in which a forester has been appointed under the provisions of Revised Laws, sec. 14, chap. 53, he shall be the chief forest fire ward. He shall appoint a suitable number of deputy forest fire wards, one of whom, designated by him, shall be assistant chief and shall in his absence perform his duties. He may discharge such deputies and appoint others. He shall have sole control of the extinguishment of forest fires in his town, and he or his deputies shall act as forest fire wards.

Sec. 18. Forest fire wards shall investigate the causes of fires in woodlands and make report thereon to the mayor or selectmen. They shall post copies of this section, sections sixteen and twenty of this chapter, and section seven of chapter two hundred and eight in two or more public places in the city or town.

Sec. 19. If a fire occurs in woodland, two or more of the forest fire wards of the town, or of a town containing woodland which is endangered by such fire, who are present at a place in immediate danger of being burned over, may set back-fires and take all necessary precautions to prevent the spread of the fire.

Sec. 20. They may, if in their judgment there is danger from a forest fire, employ assistance or require any male person in their town between the ages of eighteen and fifty years to aid in its extinguishment or prevention, and may require the use of horses, wagons and other property adapted to that purpose, and shall keep an account of the time of all persons assisting them, and a schedule of all property so used.

Sec. 21. Whoever wilfully refuses or neglects without sufficient cause, to assist, or to allow the use of his horses, wagons or other property as required by the preceding section, shall, for each offense, be punished by a fine of not less than five nor more than one hundred dollars, to be equally divided between the complainant and the town, and may also be imprisoned for not more than sixty days.