of Sec. 2. The Board shall appoint a superintendent of state forests Superintendent of State who shall receive a salary of two thousand five hundred dollars forests. annually and his actual expenses to be audited by the secretary of state, to be paid from the state treasury. It shall be the duty To act as secretary of the superintendent of state forests to act as secretary of said forest commisBoard of Forest Commissioners, to keep in his office all necessary sion. records, books, maps, papers, and documents of the Board, and he shall keep the minutes of all meetings of the Board, and shall prepare for the printing and publication of bulletins, reports, circulars, rules, regulations, and by-laws ordered printed and published by the Board. He shall procure and cause to be made Maps of forest reserves, accurate maps of the forest reserve, and of any and all lands etc. belonging to the state, or which may hereafter be acquired, which maps shall be open to the inspection of any person desiring to inspect the same, but under such rules as the Board may prescribe. NOTE.-Sections 3, 4, and 5 are amendatory to the fire laws. See page 197 of this bulletin. Sec. 6. The sale of all lands belonging to the state except lands that are in fact swamp lands and lands suitable for agriculture, woodlots convenient to farm homes, and isolated tracts not exceeding eighty acres each, shall cease after this act shall have gone into effect, and no such lands shall thereafter be sold, except according to the provisions of this act, Provided, however, That this act shall not be so construed as to affect in any manner the rights and interests of any person or persons to or in any of the lands belonging to the state which such person may have acquired previous to the day on which this act shall go into effect. Sale of lands to cease. Exceptions. Private rights. Forest serve. re State forester to examine for To act as trespass agent. Sec. 7. All public lands remaining unsold, and all lands so withdrawn from sale, and such other lands as the state may hereafter acquire for that purpose, shall constitute the state forest reserve. As soon as practicable after this act shall go into effect, the superintendent of state forests shall make a detailed inquiry into the est reserves. character and condition of each parcel of land contained in said forest reserve, and acquire all information concerning the same, which may in his judgment be necessary for the purpose of proper forestry management. For this purpose he may act as trespass agent of the state, and may use the records, maps, plats, and other documents of the land office. All information so obtained Exclusion and sale of shall be properly recorded and preserved in the office of said lands unsuitable for forsuperintendent. If in the course of such investigation the said estry. superintendent shall come to the conclusion that it shall be for the best interests of the state, that any particular parcel or parcels of the public lands be not reserved as a part of the state forest, he shall notify the Board of Public Land Commissioners. who may thereupon in their discretion proceed to sell such parcel or parcels of land, or any portion of the timber standing or being thereon, in such manner as the state forest commissioners shall prescribe. NOTE. For Sec. 8 of this act see page 140 of this bulletin. Sec. 9. The said Board of State Forest Commissioners are To accept hereby authorized to accept on behalf of the State of Wisconsin grants for forany grant or grants of land within this state for forest purposes. est purposes. Dead down timber. timber sale. No such grant shall be accepted unless the attorney general shall first certify that he has investigated the title to such lands, and that the proposed grantor has title to such lands free from incumbrance. and Sec. 10. The superintendent of state forests shall as soon as practicable, with a view to the best possible financial return to the state, remove from the lands under his control all dead and down timber, as he may deem expedient, and sell the same to the best advantage in such manner as the Board of State Contracts for Forest Commissioners may prescribe. All contracts for the cutting, logging or sale of any timber in the state forest shall be signed in behalf of the state by the superintendent of forests, or in his absence by the assistant superintendent, provided, that no such contract shall be of effect until it has been approved by Disposal of the state forest commissioners. All funds received from the sale receipts from timber sale. of any timber, wood or other products of the state forests which shall be derived from any land known as school, university, agricultural, normal school, drainage or indemnity land shall be paid into the respective funds into which the proceeds of the sale of such lands may now be payable. The revenues from all other lands in the state forest reserve shall be paid into the general fund of the state. Supplies. Experiment stations. Sec. 11. The superintendent of state forests may from time to time purchase, in such manner as shall be prescribed by the State Board of Forest Commissioners all supplies necessary for the proper conduct of the work in the state forests. He shall be entitled to such stationery, postage and other supplies, as may be necessary to properly transact the business of his office, to be furnished to him by the superintendent of public property. Sec. 12. The superintendent of state forests shall, as soon as practicable after this law shall have gone into effect, with the approval of the state forest commissioners, establish one or more forest experiment stations, on lands belonging to the state forest reserve, for the purpose of making such researches. The superCooperation intendent may co-operate whenever expedient with the state university, the state geological and natural history survey, the various scientific bureaus of the government of the United States, and other institutions of like character. The results of such Publications. investigations shall from time to time be printed and published in the same manner as other public documents are published, and distributed in such manner as the Board of State Forest Commissioners shall determine. They shall as far as possible be written in non-technical language, so as to be easily understood by the public. Appropria tions. Sec. 18. There is hereby appropriated out of any money not otherwise appropriated, in addition to the salary herein provided, a sum of money sufficient to carry out the provisions of this act, not exceeding three thousand dollars. NOTE.-Sections 13 to 17 of this chapter are amendatory to the Statutes relating to the sale of public lands, issue of patents, etc., and not of a forestal nature; they have consequently been omitted. CHAPTER III A. STATUTES RELATING TO TRESPASS ON ALABAMA. CODE OF ALABAMA.-Sec. 4137. Any person who cuts down, deadens, girdles, or destroys, or takes away, if already cut down or fallen, any cypress, pecan, oak, pine, cedar, poplar, walnut, hickory, or wild cherry tree, or sapling of that kind, on land not his own, wilfully and knowingly, without the consent of the owner of the land, must pay to the owner ten dollars for every such tree or sapling, and for every other tree or sapling, not heretofore described, so cut down, deadened, girdled, destroyed, or taken away, by any person, he must pay to such owner the sum of five dollars. Sec. 4138. When one person owns the land and another person owns the trees standing thereon, the owner of the trees is the owner of the land within the meaning of the preceding section. Sec. 4140. Any action for the specific penalties given by this chapter may be brought in any court of competent jurisdiction, and must be brought within one year from the time the injury was committed, and not after; and neither suit brought nor penalty incurred, under any of the provisions of this chapter, is a bar to any action for further damages, or to any criminal proceeding, for any offense included in the acts for which such penalties are hereby imposed, or connected therewith. NOTE-For construction of this statute, see Washington v. Timberlake, 74 Ala., 263. Sec. 5607. Any person, who knowingly enters upon the lands of another and cuts down any wood or timber growing thereon, with intent to remove and appropriate the same to his own use, shall, on conviction, be fined not more than two hundred dollars, and may be imprisoned in the county jail or sentenced to hard labor for the county, for not more than six months; and the fine in such case goes to the injured party. Sec. 5612. Any person, who wilfully and maliciously commits any trespass on the lands of another by cutting down or destroying any wood or timber growing thereon, * * * must on conviction be fined not more than two hundred dollars, and may also be imprisoned in the county jail or sentenced to hard labor for the county, for not more than six months; and the fine goes to the injured party. or Sec. 5616. Any person, who knowingly and wilfully, and with- Trespass on turpentine out the consent of the owner, enters upon the lands of any person chard. or corporation, or upon the lands belonging to the state, and cuts, girdles or boxes any pine tree for the purpose of obtaining crude turpentine, must, on conviction, be fined not more than five hundred dollars, and may also be imprisoned in the county jail or sentenced to hard labor for the county, for not more than six months. ALASKA. CIVIL CODE.-Sec. 322. Whenever any person shall cut down, girdle or otherwise injure, or carry off any tree, timber or shrub on the land of another person, without lawful authority, in an action by such person against the person committing such * * * trespasses, or any of them, if judgment be given for the plaintiff, Treble dam- it shall be given for treble the amount of damages claimed or assessed therefor, as the case may be. ages. Involuntary trespass. Sec. 323. If upon the trial of such action it shall appear that the trespass was casual or involuntary or that the defendant had probable cause to believe that the land on which such trespass was committed was his own, or that of the person in whose serSingle dam- vice or by whose direction the act was done, or that such tree or timber was taken from uninclosed woodland for the purpose of repairing any public highway or bridge upon the land or adjoining it, judgment shall only be given for single damages. ages. Criminal pun- PENAL CODE. Sec. 66. If any person shall wilfully cut down, ishment for trespass on destroy or injure any standing or growing tree upon the lands of timber. Criminal tres pass. Criminal tres pass. Criminal trespass on state lands. another, or shall wilfully take or remove from any such lands any timber or wood previously cut or severed from the same, or shall wilfully dig, take, quarry or remove from any such lands any mineral, earth or stone, 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 fifty nor more than one thousand dollars. ARIZONA. PENAL CODE.-Sec. 541. Every person who wilfully commits any trespass by either, 1. Cutting down, destroying or injuring any kind of wood or timber standing or growing upon the lands of another; or, 2. Carrying away any kind of wood or timber lying on such lands; * * * is guilty of a misdemeanor. ARKANSAS. DIGEST OF STATUTES.--Sec. 1773. Every person who shall wilfully commit any trespass by cutting down or destroying any wood or timber, standing or growing upon the lands of any other person, or carry away any kind of wood or timber that may have been cut down and that may be lying on such land, shall, upon conviction be adjudged guilty of a misdemeanor and be fined in any sum not less than fifty dollars. Sec. 1774. Any person who shall, without lawful authority, wilfully and knowingly enter upon any lands belonging to this state, or any lands belonging to any corporation or person, and shall cut down or destroy, or cause to be cut down or destroyed, any tree or trees standing or growing thereon, of the value of more than ten dollars, or any person, who shall induce, assist, aid or abet any other person so to do, shall be deemed guilty of a felony, and shall, upon conviction, be punished by imprisonment, at hard labor, in the state penitentiary not more than two years. Sec. 1775. Any person who shall take and carry away any trees or parts thereof, or any logs, timber, lumber, staves, or shingles cut from such lands, with intent to convert the same to his own use, or the use of his employer or principal, of the value of more than ten dollars, shall be deemed guilty of felony and shall be punished as provided in section 1774. Sec. 1776. If the owner of any sawmill, stavemill, or shingle 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 other person shall by himself his agent or servant, knowingly receive or purchase 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 into lumber, staves, or shingles, or for the purpose of selling the same, of the value of more than ten dollars, he shall be deemed guilty of a felony, and shall, upon conviction be punished as provided in section 1774. Value under $10 dollars. Petit lar Practice. Sec. 1777. If the trees so cut down or destroyed, or if the parts of trees, timber, lumber, staves or shingles made therefrom and so taken away or so sawed at any sawmill, shall not exceed in value the sum of ten dollars, the person so offending shall be deemed guilty of petit larceny and shall be punished accordingly. ceny. Sec. 1778. In any indictment under this act, the person accused may be charged with commencing at some particular time to commit any of the acts hereby made punishable, and of continuing to commit the same at divers times and on divers days between that day and some other day to be therein stated. It shall not be necessary in order to convict, to prove title to the lands upon or from which it is alleged the trees, timber, lumber, staves, or shingles were cut or carried away as alleged in the indictment, but it shall be sufficient to prove title, legal, equitable or colorable, in the state of Arkansas, or any corporation or any person or persons other than the accused, and it shall not be necessary to allege in the indictment, or prove upon the trial the kind of trees, timber, lumber, staves, or shingles, cut, destroyed or carried away; but in case the accused be found guilty, the value of the timber so cut down, destroyed, sawed or carried away shall be stated in the finding or verdict. Sec. 3895. Any person who shall knowingly cut down, destroy or carry away any timber, lumber, staves or shingles cut or made contrary to sections 1774, 1775, 1776, 1777, or 1778, or any person who shall aid and abet, or assist any other person in so doing, and any person who shall purchase or receive any trees, timber, lumber, staves, or shingles, knowing the same to have been cut contrary to the provisions of said sections, shall be jointly and severally liable to the owner in double the value thereof, to be recovered by action at law, in the name of the state, in case the same shall be cut from the lands of the state, or in the name of Double damages |