286 THE FORESTS OF ALLEGANY COUNTY 



mendations which are believed to be important in the management 

 of woodlands in this county, both as looking to increased production 

 of timber and to the protection of agricultural lands from erosion 

 and the consequent deterioration. Discussions of these recommenda- 

 tions follow in detail : 



1. Protection of forest lands from fire. 



2. Exclusion of grazing from forest lands. 



3. Regulation of indiscriminate cutting. 



4. Regulation of indiscriminate clearing. 



PROTECTION. OF FOREST LANDS FROM FIRE. 



Sufficient has been said as to the injury to forests by fires. 



Fires in this region are commonly believed to be caused through 

 the carelessness of pleasure parties, hunters, woodsmen and other peo- 

 ple in the forests. 



The penalty imposed by the Maryland law * for wilfully or care- 

 lessly setting forest fires appears to be adequate, but it is believed 

 will never completely control the evil. The great difficulty under 



1 By an early statute in this state, it was forbidden to maliciously set 

 on fire any woods, fences, marshes, lands, leaves, or rubbish thereon, within 

 the counties of Baltimore, Anne Arundel, Frederick, Montgomery, Allegany, 

 Queen Anne's, Harford, Cecil, or Prince George's, so as to occasion any loss, 

 damage, or injury to other persons, under penalty of a fine not exceeding 

 $100, one-half to the informer and the other half to the county, besides the 

 costs; or, if unable to pay this fine, by imprisonment not over six months. 

 A slave thus convicted might be punished by whipping, not exceeding thirty- 

 nine lashes, on the bare back, unless his owner chose to pay a fine not 

 exceeding ten pounds. The owner of property injured or destroyed by such 

 fires might recover its value from the party who caused it. 



By an act passed March 29, 1838, entitled " An act to repair injuries done 

 by fire from railroad engines," it was provided, that if any woods, fields, 

 or other property, real or personal, be burned or injured by fire from 

 engines, the company should pay the loss. Actions for damages under this 

 act were to be tried at the first term of the court in which they are brought, 

 if process be served on the defendant ten days before the court convenes, 

 or, if not, then at the court next following. Service might be had upon 

 any director, officer, attorney, agent, or servant of the defendant. Upon 

 failure to appear, the court might, after the second term, upon proof of 

 service by the sheriff's return, or by affidavit, enter a judgment by default 

 against the defendant, by a jury impanelled at bar, as in cases of writs 

 of inquiry. 



