THE USE BOOK. 247 



(29 L. D., 571) : " SEC. 9. Persons felling or removing timber 

 under the provisions of this act must utilize all of each 

 tree cut that can be profitably used, and must dispose of 

 the tops, brush, and other refuse in such manner as to pre- . 

 vent the spread of forest fires." 



SEC. 2. It shall be the duty of the register and the receiver of 

 any local land office in whose district any mineral land may be 



situated to ascertain from time to time 

 cers Ut5 f l ' wnetner an y timber is being cut or used upon 



any such lands, except for the purposes 

 authorized by this act, within their respective land districts; 

 and, if so, they shall immediately notify the Commissioner of 



the General Land Office of that fact; and 



all necessary expenses incurred in making 

 such proper examinations shall be paid and allowed such reg- 

 ister and receiver in making up their next quarterly accounts. 



[89] SEC. 3. Any person or persons who shall violate the 



provisions of this act, or any rules and regulations in pursuance 



Penalty. thereof made by the Secretary of the Interior, 



shall be deemed guilty of a misdemeanor, and, 

 upon conviction, shall be fined in any sum not exceeding five 

 hundred dollars, and to which may be added imprisonment for 

 any term not exceeding six months. 



NOTE. The Federal courts have held that this act applies 

 only to the States and Territories of Arizona, Colorado, 

 Idaho, Montana, New Mexico, North Dakota, South Dakota, 

 Utah, and Wyoming. 



U. S. v. Smith, 11 Fed., 487. 



U. S. v. Benjamin, 21 Fed., 285. 



U. S. v. English et al., 107 Fed., 867. 



TRESPASS UNDER TIMBER AND STONE ACT. 



ACT OF JUNE 3, 1878 (20 STAT., 89). 



(This act is not a part of the above act of the same date, and 

 since the act of August 4, isirj ( 27 Stat., 348), has applied to all 

 the public-land States, but not to the Territories.) 



* * * * * 



[90] SEC. 4. After the passage of this act it shall be unlawful 



to cut, or cause or procure to be cut, or wantonly destroy, any 



timber growing on any lands of the United 



OB i pTblic tlmbln MB States [in any public-land States], or remove, 



ur cause to be removed, any timber from said 



public lauds with intent to export or dispose of the same; and 



