Taxation for fire fund.

Township

maps.

Payment of forest fire expenses. Removal of fire marshal.

Fire marshal.

ed.

Sec. 245. It shall and may be lawful for any such township at the annual town meeting to designate and vote for a certain sum to be raised for the purpose aforesaid, which shall be included in the tax rate and raised as other moneys for township purposes are now raised.

NOTE.-Sections 246 and 247 are clearly re-enacted and superseded by Sec. 1 of Laws of 1902. Sec. 249 provides for a surveying and mapping of forest lands in any township, which are subject to damage by fires; such maps to be filed with the township records and copies furnished to the fire marshal. Sec. 250 provides that all accounts and expenses, connected with forest fires, shall be paid by the township. Sec. 251 is clearly re-enacted and superseded by Sec. 2, of the Laws of 1902.

LAWS OF 1902, CHAP. 139.-Sec. 1 (Re-enacting General Statutes, sections 246 and 247). In any city, township or other municipality where any sum of money shall be appropriated or raised to defray the expenses of preventing, fighting or extinguishing forest fires, it shall be the duty of the city council, township committee or other governing body at its next meeting after such How appoint- sum shall have been ordered, appropriated or raised, to appoint a suitable person, being a resident of said city, township or other municipality, to act as fire marshal thereof, and at the same time Compensation. to determine the amount of compensation per diem to be paid such fire marshal when in the active performance of his duties; upon notice from the person so appointed of the acceptance of said office the governing body shall issue to him a certificate of his appointment; after receiving his certificate of his appointment he shall have the power to designate one or more proper persons to Deputy fire act as his deputy or deputies in case of his absence or disability marshal. from any cause, and the said deputy shall, while engaged in the active duties of said office, have the same powers and duties and receive the same compensation per diem, as his chief.

Term of of- Sec. 2 (Re-enacting General Statutes, sec. 251). The said fire fice. marshal shall hold his office for the term of one year, and until his successor shall be appointed and accept his appointment; provided, however, that the said fire marshal shall be subject to Removal removal from office by the body that appointed him at any time from office. during the year, for malfeasance or neglect of the duties of his office, after having notice of the charges against him and an opportunity to be heard thereon.

Fire marshal to have power

Sec. 3. The said fire marshal, while in the active performance of constable. of his duties, shall have all the powers of a constable in criminal

Duties and powers of fire marshal.

cases.

Sec. 4 (Re-enacting General Statutes, sec. 248). It shall be the duty of said fire marshal, on being apprised of the existence of any forest fire, either in his own city, township or other municipality, or in any adjoining one, by which the safety of any property in his own city, township or other municipality may be To command imperiled, to assume absolute direction and control of all operafire fighters. tions to be undertaken within the bounds of his own city, township or other municipality for the extinguishing or prevention of Aids to fire the spread thereof; he shall have power during the continuance marshal. of said fire to appoint as many persons to act as aids in carrying out his instructions, as he may deem necessary, and all persons

count of per

present who are actively engaged in subduing such fire shall act solely to his orders and those of his authorized aids; he shall To keep ackeep an account of the persons so appointed by him as aids sons aiding. and of all other persons actively engaged in fighting such fire, together with the time during which they are employed, and in a To report reasonable time after such fire shall have been extinguished he to governing board of his shall report said account to the governing body of his munici- municipality. pality, who shall have power to make reasonable compensation Payment of for such services out of any moneys that may have been appro- assistants. priated therefor; if, in the judgment of the said fire marshal, a To help fight forest fire in an adjoining city, township or other municipality joining towns. shall imperil the safety of any property in his own city, township or other municipality, he may, with his aids appointed as aforesaid, and with such other persons as he may employ, render such assistance as he may think necessary for the extinguishment and prevention of the spread of said fire, and any assistance given him in such services shall be reported to and paid for by the governing board of his own municipality in like manner as aforesaid.

Sec. 5. The governing board of such city, township or other municipality shall have power, from time to time, either by ordinance or by resolution, to prescribe such other duties to be performed by the said fire marshal, and to make such regulations for the safe-keeping and disbursement of moneys appropriated for this purpose, and for the prevention, fighting and extinguishment of forest fires, as in their judgment shall be efficacious for that purpose.

fires in

ad

Payment for services in such case.

Powers of governing board.

To direct the fire marshal.

Annual re

port.

Estimate of damage by fire.

and recommendations.

Sec. 6. The said fire marshal shall make a report to the body by which he is appointed, at their first meeting after the first day of January of each year, concerning all forest fires which have occurred within his jurisdiction during the past calendar year, where and how the same originated, so far as he is able so to do, with an estimate of the number of acres burned over, and of the amount of damage occasioned thereby within his jurisdiction, together with any other matters concerning the same, and also any suggestions or recommendations as to the prevention Suggestions and extinguishment of forest fires as he shall deem best. Sec. 7 (Re-enacting General Statutes, page 1086). No person shall burn, or cause to be burned, any pit of charcoal, or shall wilfully or negligently set fire to or burn, or cause to be set fire to or burned, any brush, grass, leaves or other material whereby the property of any other persons is endangered or destroyed, unless he shall keep and maintain a careful and competent watchman in charge of said burning pit, brush, grass, leaves or other material, from the beginning of said fire until it is extinguished.

Sec. 8. Any person offending against any of the provisions of the last section of this act shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine not exceeding one thousand dollars, or by imprisonment not exceeding three years, or both.

Charcoal burner, negli

gence of.

Penalty.

Sce. 9. Upon the application of not less than ten freeholders Investigation of origin of of any city, township or other municipality in which any forest forest fires. fire has occurred, to the fire marshal, or, in case there shall

Justices the peace

to

of

be no fire marshal, then to any constable, representing that they believe an investigation of the origin and other matters pertaining to said fire should be had, it shall be the duty of said fire of marshal, or constable, to apply to some justice of the peace to investigate. investigate the same, and it shall be the duty of said justice to make such investigation; for the purpose of such investigation Compulsory said justice shall have the power to issue subpoenas for and attendance witnesses. swear witnesses, and shall have like powers and duties as in the examination and hearing of persons brought before him charged with crime, and said investigation shall be conducted, as far Service of as can be, in like manner thereto; the said fire marshal, or any subpoenas. canstable, shall have power to serve all subpoenas, warrants, or other papers required to be served in the course of said investigaArrest of of tion, or of any proceedings for the arrest and commitment of any person as the result of said investigation.

fenders.

Report of investigation.

Arrest of offenders.

Proceedings and costs.

State contri

bution to fire

pense.

NOTE.-Sec. 10 provides that the justice shall certify the result of the investigation, together with names of guilty parties, if any. Sec. 11 provides that the justice shall cause the arrest of any person against whom there is strong evidence of unlawful fire setting, examine him, and, if proper, hold him in bail for action of the grand jury; also that he may bind over the witnesses to appear and testify at the further trial of the case. Sec. 12 provides that the justice must reduce all testimony to writing and return it to the next court of quarter sessions. Sec. 13 provides that costs shall be paid as usual in criminal actions.

Sec. 14. Whenever in any city, township or other municipalfighting ex- ity, there shall have been appropriated or raised in any year any sum of money to defray the expenses of preventing, fighting or extinguishing forest fires, the state comptroller shall, upon the written certificate of the governing body of such municipality, draw his warrant on the state treasurer in favor of the treasurer or other custodian of the moneys of such city, township or other State to pay municipality, for double the amount so appropriated or raised double amount. by said city, township or other municipality, for said purpose; provided, however, that the amount so to be paid out of the funds But not more of the state to any one municipality in any one year shall not than $200. exceed the sum of two hundred dollars; and also provided, that the total amount to be so paid out of the funds of the state in any one year shall not exceed the sum of ten thousand dollars.

Funds not tó be perverted.

Criminal liability for firing timber.

Penalty.

Sec. 15. All of said moneys, both that so appropriated or raised by the city, township or other municipality, and that so paid out of the funds of the state, shall not be transferred to any other account, but shall be used and expended for no other purpose than the prevention, fighting or extinguishing of forest fires.

NEW MEXICO.

COMPILED LAWS.-Sec. 1144. Any person who shall wilfully, malignantly and maliciously set on fire, or cause to be set on fire any woods, marshes, prairies or other grounds, not his own, or shall intentionally or by neglect, permit the fire to pass his own prairie or grounds to the injury of any other person or persons; every person so offending, upon conviction thereof, before any justice of the peace of the county wherein the offense may be committed, shall be punished by a fine not less than twenty-five

dollars, nor more than one hundred dollars, or by imprisonment in the county jail of not less than (3) months, nor more than one year, or both such fine and imprisonment.

Damage from forest fires.

Penalty, onehalf to in

Sec. 3321. If any person shall wilfully set on fire any woods, marshes or prairies, so as thereby to occasion damages to any other person, such person shall pay a sum not exceeding five hundred dollars, nor less than fifty dollars, one-half thereof for the use former. of the person posecuting the same, and the other half for the use of the county in which the offense is committed.

Sec. 3322. If any person shall set on fire any woods, marshes, prairies, whether his own or not, so as thereby to occasion any damage to any other person, such person shall make satisfaction in double damages to the party injured, to be recovered by civil action.

NEW YORK.

Double dam

ages.

Calling out inhabitants to

CUMMING AND GILBERT'S GENERAL LAWS, PAGE 4121.-Sec. 82. Whenever the woods in any town shall be on fire, it shall be the fight fire. duty of the justices of the peace, the supervisors and commissioners of highways of such town, and each of them, to order such and so many of the inhabitants of such town liable to work on the highways, and residing in the vicinity of the fire, as they shall severally deem necessary, and repair to the place where such fire shall prevail, and there assist in extinguishing the same or in stopping its progress.

PENAL CODE.-Sec. 637. A person who wilfully burns or sets Malicious burning of timfire to any grain, grass or growing crop or standing timber, or to ber. any building, fixtures or appurtenances to real property of another, under circumstances not amounting to arson in any of its degrees, is punishable by imprisonment for not more than four years.

Sec. 413. A person who:

timber.

1. Wilfully or negligently sets fire to, or assists another to set Setting fire to 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 lands to extend beyond the limits thereof; or

4. Having been lawfully ordered to repair to a place of a fire in the woods, and to assist in extinguishing it, omits without lawful excuse to comply with the order; is guilty of a misdemeanor.

NOTE. By sec. 56, Code of Criminal Procedure, exclusive jurisdiction over offenses of this character is given to the courts of special session in their respective counties, except in the city and county of New York and the city of Albany.

GENERAL LAWS, PAGE 1507, AND FOLLOWING (AS amended by Laws of 1904, chap. 590).-Sec. 224 a. The commission shall appoint a chief fire warden who shall receive an annual salary of fifteen hundred dollars and his necessary traveling expenses, and who shall have supervision of town fire wardens, visit and instruct them in their duties and enforce the law as to fire districts in 13647-No. 57-05 M- -12

to

Refusing assist in fire fighting.

esters.

To commence towns and under the authority of the commission commence proseprosecutions. cutions for violations of laws to prevent forest fires; and may Expert for- from time to time employ expert foresters at a rate not exceeding fifteen hundred dollars a year for any forester. The chief and expert foresters shall hold office during the pleasure of the commission and perform such duties for the preservation of forests as the commission shall prescribe. The commissioner may also apAssistant fire point five assistant fire wardens, at least four of whom shall durwardens. ing seasons of the year when forest fires occur, serve along lines of steam railroads in the forest preserve counties of the AdironInspection of dacks. They shall inspect such railroads and the engines thereon railroads and reporting to the commissioner the condition thereof for purposes engines.

of fire prevention, and perform such other duties in preventing forest fires as the chief fire warden or the commissioner shall direct. They shall also have the powers and duties of game protectors, and when not needed as fire wardens may be employed Reforestation. as game protectors or in the reforestation or as the commissioner may direct. They shall each receive an annual salary of six Salaries and hundred dollars and an allowance for expenses not exceeding four hundred and fifty dollars.

expenses.
Fire patrol.

Sec. 224 b. Whenever in the judgment of the commissioner it is necessary to protect the forests from fire, he shall organize and Lines of rail- as long as necessary maintain a fire patrol along the lines of railroads. roads in forests in counties containing parts of the forest preserve, and at such other places in such counties as the public interest requires. Such patrol shall be organized and maintained under the chief and assistant fire wardens who shall themselves be placed in charge of sections of the exposed areas as fire patrols. Game protectors may so far as the public interest will permit, be detailed as additional assistant fire wardens for such patrol under the chief fire warden. The commissioner may also in case of immediate peril from fire with the consent of the governor, employ temporarily such additional assistants to maintain an efficient fire patrol as the public interest requires. The chief fire warden and assistant fire wardens when engaged in inspection of Free railroad railroad lines and engines or on fire patrol duty on railroad lines, transportation. as herein provided, shall be transported without charge from

point to point as their duties shall require, by the railroad companies on whose lines such fire patrol and inspection are maintained. The commissioner shall keep account of the cost of maintaining any such fire patrol and system of inspection along the line of a railroad in the forest preserve, including therein the salaries, expenses and wages of public officers or employees Cost of pa- directly engaged in maintaining such patrol for the time that the trol along railroads. said patrol and inspection are maintained, and one-half the cost thereof during the preceding year shall be paid by the railroad company on the first day of December of each year to the comFire patrol missioner. The commissioner may also organize in any town in the forest preserve a fire patrol during the season when fires occur. One-half the expense thereof shall be a town charge, and one-half shall be paid by the state unless according to the last assessment roll of such town more than one-half of the landed property therein in value, is the property of the state in which case the state shall pay such a proportion of the cost of such

in towns.