FEDERAL TRESPASS STATUTES 123 



public lands of the United States in general, but only to 

 lands reserved or purchased for particular purposes. In 

 the United States Revised Statutes of 1878 the penalty pro- 

 visions of the act of March 2, 1831, were incorporated as 

 sections 2461 and 2462, and the provisions of the act of 

 March 3, 1859, were reenacted as section 5388. 



The so-called Timber and Stone Act of June 3, 1878, 

 (20 Stat. 89) authorizing the sale of certain public timber- 

 lands in areas not exceeding 160 acres to any one person or 

 association of persons, provided in section four for the im- 

 position of a fine of not less than $100 nor more than $1000 

 for the cutting of timber from public lands in the states of 

 California, Oregon and Nevada, and the territory of Wash- 

 ington, except where the timber was to be used for agricul- 

 ture, mining or for the benefit of the United States. Section 

 five of this act provided that persons prosecuted under sec- 

 tion 2461 of the Revised Statutes of 1878 might be relieved 

 from further criminal prosecution through the payment of 

 the sum of $2.50 per acre for all lands upon which unlawful 

 cutting had been done, provided the timber had not been 

 cut for exportation. l The provisions of this act were ex- 

 tended to all public land states by an act of August 4, 1892 

 (27 Stat. L. 348). The payment of the $2.50 per acre did 

 not operate to relieve the offender from civil liability for the 

 timber unlawfully cut; 2 nor is such payment conclusive 

 evidence of guilt under the penal statute. 3 



In an act of June 3, 1878, (20 Stat. 88) authorizing the free 

 use of timber standing on mineral lands within the states 

 of Colorado and Nevada, and the territories of Arizona, 

 Dakota, Idaho, Montana, New Mexico, Utah and Wyoming, 

 and in all other mineral districts of the United States, for 

 building, agricultural, mining or other domestic purposes, 

 under regulations prescribed by the Secretary of the In- 

 terior, it was provided that any violation of the act or regu- 

 lations made there under should constitute a misdemeanor 

 punishable by a fine of not over $500, to which might be 

 added imprisonment for not over six months. 



1. Shiver v. U. S. 159 U. S., 591; U. S. v. Smith, 11 Fed. 487; 16 Op. At. Gen. 189 



2. U. S. v. Scott et al. 39 Fed. 900; Morgan v. U. S. 148 Fed. 189, 78 C. C. A. 323. Ct 



Stone v. U. S. 64 Fed. 667, 12 C. C. A. 451 (Aff'd 167 U. S. 178, 17 S rt. 778. 

 42 L. ed. 127). 



3. Cox v. Cameron Lumber Co. 39 Wash. 562. 82 Pac. 116. 



