patrol as the value of the lands held by the state bears to the entire assessed valuation of such town, and the remainder shall be a town charge. If the state pay the whole amount the commissioner may collect the amount payable by any town of such town.

Fire wardens.

Fire districts.

District fire wardens.

Sec. 225. The commission may from time to time in every town having lands which are part of the forest preserve, and may in every town having lands which would become part of the forest preserve if acquired by the state, appoint a fire warden who shall act during the pleasure of the commission. When required by the commission, such fire warden shall, and any such fire warden may establish two or more fire districts in his town. He may also by a written appointment filed in the town clerk's office, from time to time appoint a resident citizen in each district as district fire warden who shall act during the pleasure of the fire warden. In every other town the supervisor shall be fire warden by virtue Supervisors of his office. If the supervisor be absent when fire occurs, or fails and justices of to act, any justice of the peace in the town may act as fire warden. If in a town situated in a county containing lands of the forest preserve, the commission is unable to find a suitable person who will accept the position of fire warden, then the supervisor of that town shall act as fire warden and discharge all the duties devolving on that office by law, and shall promptly make to the chief fire warden a report of each forest fire that occurs in his town.

the peace.

Duties of fire wardens.

Fire patrol.

Fire fighting.

Sec. 226. Under the commission a fire warden is charged with preventing and extinguishing forest fires in his town. During a season of drought a fire warden may with the approval of the commissioner, establish a fire patrol in his town. In case of fire in or threatening forest or woodland, the district fire warden if any, or if none, the fire warden, shall attend forthwith and use all necessary means to confine and extinguish the same. The fire warden may destroy fences or plow land, or in an emergency, set backfires to check fire. Either the fire warden or a district fire warden may summon any resident of his town to assist in putting Compulsory assistance. out fires. Any person summoned who is physically able and refuses to assist, shall be liable to a penalty of ten dollars. An action for trespass shall not be against persons crossing or working upon lands of another to extinguish fire. In case a forest fire burn over more than an acre of land, the fire warden of the town in which it occurs shall make a report thereof to the commission, giving the area burned over, the quantity of timber, wood, logs, bark or other forest products, and of fences, bridges and buildings destroyed with an estimate of the value thereof. He shall also report the cause of such fire and the means used in putting it out.

Reports.

fire

Compensation of wardens.

Sec. 227. Fire wardens and district fire wardens shall receive two dollars and a half a day for time actually employed at forest fires or in the prevention thereof. Each town board of audit may fix the price to be paid per day, not exceeding two dollars, for Compensaservices of laborers at forest fires in their respective towns, and tion of laborers serve notice thereof on their town fire wardens and on the forest, fish and game commission. If necessary, to protect land in the forest preserve the commission may direct the employment of

at fires.

laborers at not exceeding two dollars a day, and such decision shall be binding on the towns. All services rendered at forest Towns to pay fires or in the prevention thereof shall be a town charge. In directly. towns where fire wardens are appointed by the commission, bills for services at fires must be approved by the fire warden, and a duplicate bill with his approval and a certificate of the town board of auditors, showing the bill has been paid, filed with the commisState to re- sion. On approval of the bills filed with the commission, the comppay one-half to troller shall pay one-half the amount so expended in such a town, towns. to the town.

Burning fallows. Season closed

NOTE.-Sec. 228 may be found in chap. IV B of this bulletin, page 211.

Sec. 229 (as amended by chap. 186, Laws of 1903). Fallows, stumps, logs or fallen timber shall not be burned in the territory against burn- hereafter described from April 1 to May 31, both inclusive, or ing. Permission, from September 16 to November 10, both inclusive. From June how obtained. 16 to September 15, both inclusive, fires may be set therein if writ

Rules

cerning ing fires.

Penalty.

Setting to timber.

Penalty.

ten permission of the fire warden or district fire warden of the con- town or district in which the fire is set has been first obtained. If startin a locality near forest or woodland, the fire warden or district fire warden shall be personally persent when the fire is started. Such fires shall not be started during a heavy wind, or without sufficient help present to control the same, and the same shall be watched by the person setting the fire until put out. Any person violating any provision of this section is guilty of a misdemeanor, and in addition thereto, is liable to a penalty of three hundred dollars. This section applies to Hamilton County; to the towns of Minerva, Newcomb, North Hudson, Schroon, Keen, Jay, Lewis, North Elba, Saint Amand, and Wilmington, Essex County; the towns of Waverly, Harrietstown, Brandon, Santa Clara, Brighton, Belmont, Franklin, Duane, and Altamont, Franklin County; the towns of Hopkinton, Colton, Clifton, Fine, Edwards, Pitcairn, Clare, Russell, and Parishville, of Saint Lawrence County; the towns of Diana, Croghan, Watson, Greig, and Lyonsdale, of Lewis County; the towns of Webb, Wilmurt, Ohio, Salisbury, Remsen, and Russia, Herkimer County; the town of Forestport, Oneida County; the towns of Stratford, Caroga, Bleecker, and Mayfield, Fulton County; the towns of Day, Edinburgh, Hadley and Corinth, Saratoga County; the towns of Johnsburgh, Thurman, and Stony Creek, Warren County; the towns of Putnam, Dresden and Fort Ann, Washington County; the towns of Altona, Dannemora, Ellenburgh, Saranac, and Blackbrook, Clinton County; the towns of Deeming, Hardenburgh, Shandaken, Olive, Rochester, Wawarsing, and Woodstock, Ulster County; the towns of Neversink and Rockland, Sullivan County; the towns of Andes, Colchester, Hancock and Middletown, Delaware County; the towns of Hunter, Jewett, Lexington, and Windham, Greene County.

fire

Sec. 230 (as amended by Laws of 1904, chap. 590). A person who wilfully or negligently sets fire to waste or forest lands of the state or of a private person, or who suffers a fire on his own lands to extend therefrom or to state lands is guilty of a misdemeanor and may be imprisoned not more than one year and be liable to pay a fine of not more than two hundred and fifty dollars or both.

He shall also be liable to the state or any person for the damages caused by such wrongful act. If state lands in the forest preserve are or have been damaged wilfully or negligently as aforesaid, an action to recover the damages shall be maintained in the name of the people of the state on the order of the commissioner by counsel designated by him, and recovery shall be had therefor. The fact that such fire may have extended to state lands by crossing one or more tracts of land intermediate the place of setting fire and the state lands, shall not bar recovery by the state when the damage done is within five miles of the place where the fire was set. This act shall not be construed to limit the recovery in cases where there are no such intervening tracts of land.

Disposal of fines.

Sec. 231. Moneys received in the name of the people for violations of sections 204, 228, 229, and 230 of this act, shall be paid to the commission, who shall apply so much thereof as may be necessary to the payment of the expenses of collection and shall pay one-half of the balance, not exceeding in any one case fifty dollars, to the fire warden or district fire warden upon whose infor- warden. mation the action was brought. The balance of such receipts shall be available for enforcing the various provisions of law for the protection of forests against fire.

NOTE.-Sec. 204 refers to defacing of signs in private parks.

NORTH DAKOTA.

to

One-half prosecuting fire

timber.

Penalty.

REVISED CODE.-Sec. 1654. If any person shall set or cause to Setting fire to be set on fire any woods, marsh or prairie, or any grass or stubble lands (except in the months of July or August) except as hereinafter provided, such person or persons shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in a sum not less than ten nor more than one thousand dollars, and be imprisoned in the county jail for a period not exceeding six months, or either or both, at the discretion of the court, and shall also be liable in a civil action to any person damaged by such fire to the amount of such damage.

NOTE.-Sec. 1655 provides for burning of grass or stubble by first plowing a strip 50 feet in width around it.

Civil liability.

stubble.

Burning

Accidental

fires.

Civil

sec. 1656. If any fire, set as provided in the last section shall by accident and without any fault or neglect of the person setting the same get beyond his control, such person shall be liable as provided in section 1654 for all damages done by such fire, but ity only. not otherwise. But if such fire is carelessly, negligently or intentionally permitted to spread beyond the bounds of such strip of land mentioned in the last section, then the person setting such fire shall be liable both civilly and criminally as provided in section 1654.

by fire.

liabil

NOTE.-Sec. 1657 provides that between April 20 and June Destroying 20, fires may be set to kill grasshoppers, providing notice is grasshoppers given one day ahead to all residents within one and one-half miles. Sec. 1658 provides that such fires must be kept under control and extinguished the same day.

Sec. 1659. Any person violating the provisions of the last sec- Civil action for spread of tion shall be liable in a civil action to any person damaged by fire. such fire to the amount of such damage; and in case any person liability. Criminal

Leaving fires in timber.

Penalty.

Civil

dam

Need not owner

ages.

prove

ship.

Fire break

fund.

Tax for such fund.

Fire districts and wardens. Making fire breaks.

Natural barriers to be used in fire breaks. Description of fire break.

Railroads.

Criminal

liability for forest fires.

Penalty.

shall negligently, carelessly, willfully, maliciously or intentionally violate the provisions of the last section, such person shall be liable both civilly and criminally the same as though he had violated the provisions of section 1654.

Sec. 1660. If any person shall willfully, negligently or carelessly set or cause to be set on fire any woods, marsh or prairie in this state, or if any person having made any camp or other fire shall leave such fire without having thoroughly extinguished the same, so that the fire shall spread and burn any wood, marsh or prairie, the person guilty of setting or causing to be set such fire or leaving such camp or other fire without having thoroughly extinguished the same, so that the fire shall not spread therefrom, is guilty of a misdemeanor, and upon conviction thereof is punishable by a fine not exceeding two hundred dollars or by imprisonment in the county jail not exceeding one year, or by both in the discretion of the court, and shall also be liable in a civil action to any person damaged by such fire to the amount of such damage. NOTE.-Sec. 1661 provides for collection of civil damages if fires, named in sec. 1660 injure or destroy the property of another. Sec. 1662 provides that the right to recover need be established by proving occupancy or possession only. Sec. 1663 gives county commissioners power to use the fire break fund to purchase tools for fire fighting. Sec. 1664 provides that, upon petition of 10 per cent of the voters of any county, the commissioners shall levy a tax of not more than five mills on the dollar to obtain a fire break fund and that the commissioners shall divide the county into fire districts and appoint fire wardens to make fire breaks and prevent prairie fires. Sec. 1665 provides that such fire wardens shall advertise for bids to make the fire breaks. Sec. 1666 provides that fire breaks must be made not later than June 20, and the grass thereon burned not later than September. Sec. 1667 provides that the county commissioners may take advantage of creeks, rivers or other natural or artificial barriers and of plowed fields in making their fire districts. Sec. 1668 describes a fire break as a strip of land 200 feet wide plowed on either side and burned out in the middle. Sec. 1669 provides for fire guards 100 feet wide. Sec. 1673 requires railroads to clear their rights of way of combustible material.

REVISED CODE.-Sec. 1674. Each person who willfully, negligently or carelessly sets or causes to be set on fire any woods, hay, weeds, or prairie grass, shall be guilty of a misdemeanor, and upon conviction is punishable by a fine of not less than five hundred dollars or by imprisonment in the county jail not more than one year, or Civil liability. by both in the discretion of the court, and shall also be liable to any person damaged by such fire to the amount of such damage. Sec. 7314 (Sec. 458 of the Penal Code). Every person who shall willfully set on fire, or cause to be set on fire, any woods, marshes or prairies, with intention to injure the property of another, shall be deemed guilty of a misdemeanor and shall be liable for all damages done by such fire.

Damages done by fire.

Negligence in regard to fire.

Penalty.

Sec. 7315 (Sec. 459 of the Penal Code). Every person who negligently or carelessly sets on fire, or causes to be set on fire, any woods, marshes or prairies, or who, having set the same on fire or caused it to be done, negligently or carelessly, or without full precaution or efforts to prevent, permits it to spread beyond his control, shall, upon conviction, be fined not exceeding one hundred

dollars and not less than ten dollars, and shall be liable to injured parties for all damages occasioned thereby. One-half of such fine, when collected, shall go to the informer.

OHIO.

ANNOTATED STATUTES.-Sec. 4750. Whenever the woods or prai- Compulsory assistance in ries in any township are on fire, so as seriously to endanger fire fighting. property, the trustees of such township may order as many of the inhabitants of such township, liable to work on the highways, and residents in the vicinity of the place where such fire is, as they deem necessary, to repair to the place where such fire is and there to assist in extinguishing the same or stopping its progress; and every person called out under the provisions of this section shall be allowed, by the supervisor of his road district, to be applied on his poll or road tax, the same amount per day that he is tion. now allowed for work on public highways.

Sec. 4751. If a person refuse or willfully neglect to comply with such order, he shall forfeit a sum not less than five nor more than fifty dollars, to be collected before any justice of the peace of the township.

ANNOTATED STATUTES.-Sec. 6834. Whoever maliciously or negligently sets fire to any woods, prairies or grounds, not his own property, or maliciously permits any fire to pass from his own woods, prairies or grounds, to the injury or destruction of the property of any other person, shall be fined not more than one hundred dollars, or imprisoned not more than twenty days, or both.

OKLAHOMA,

Compensa

Penalty.

Setting to timber.

Penalty.

Setting to timber.

Penalty.

fire

fire

STATUTES.-Sec. 2902. If any person shall set or cause to be set on fire any woods, marsh or prairies, or any grass or stubble lands, except as hereinafter provided, such person or persons shall be deemed guilty of a misdemeanor, and upon conviction thereof be fined a sum not more than five hundred dollars nor less than ten dollars, or imprisoned in the county jail for a period not longer than six months, one or both at the discretion of the court, and shall also be liable in a civil action to any person or persons Civil liability. damaged by such fire to the amount of such damages.

ble.

NOTE.-Sec. 2903 provides for right to burn grass or stubble How to burn by giving twelve hours' notice to neighbors and preparing a grass and stubplowed or burned strip at least twenty feet wide around the land. Sec. 2904 provides that if such fire shall unavoidably Penalties if get beyond control, the person, setting the fire, shall be fires spread. civilly liable as in Sec. 2902 above, but, if the fire escapes through negligence or intention, he shall be liable both civ- Same. illy and criminally under section 2902. Sec. 2905 forbids the permitting a fire to spread and requires its extinguishment on the same day. Sec. 2906 provides for civil liability in case of unavoidable damage and both civil and criminal liability in case of negligence.

Sec. 2907. If any person or persons shall willfully, negligently. Leaving fire in timber. or carelessly set or cause to be set on fire any woods, marsh or prairie in the territory, or if any person or persons having made any camp or other fire, shall leave the said fire without having