STATE WORK 



309 



cause the estinguishment of fires set by 

 locomotives or found existing upon their 

 respective rights of way and for any viola- 

 tion hereof such railroad company, its oflQ- 

 cers and patrolmen shall be guilty of a 

 misdemeanor, and be punished by a fine of 

 not less than fifty (50) dollars, nor more 

 than one hundred (100) dollars and costs, 

 and in addition thereto such railroad com- 

 pany shall be liable for all damages caused 

 or permitted by It. 



Section 14. Every company operating a 

 railroad for any purpose shall equip and 

 use upon each locomotive engine a practi- 

 cal and efficient spark arresting device 

 which the master mechanic shall cause to 

 be examined, and the same shall be exam- 

 ined by the master mechanic or some em- 

 ploye each time before leaving the round- 

 house, except when snow is on the ground, 

 and the master mechanic, or employe mak- 

 ing such examination, shall be held respon- 

 sible for the good condition of the same, 

 but without relieving the company from 

 its responsibility hereunder. 



Every such company shall keep its right 

 of way clear of combustible materials, ex- 

 cept ties and other materials necessary for 

 the maintenance and operation of the road, 

 from April 15th to December 1st. 



No company shall permit any of its em- 

 ployes to leave a deposit of fire, live coals 

 or ashes in the immediate vicinity of wood 

 land or lands liable to be overrun by fire, 

 and every engineer, conductor or train- 

 man discovering a fire adjacent to the 

 track shall report the same promptly to 

 the agent at the first telegraph or tele- 

 phone station reached by him, whose duty 

 it shall be as representative of such com- 

 pany, to at once take necessary steps to 

 put out such fire. 



Every such company shall give Its em- 

 ployes particular instructions for the pre- 

 vention and extinguishment of fires, and 

 shall cause warning placards furnished by 

 the state forester, to be conspicuously post- 

 ed at every station in the vicinity of for- 

 est, brush, and grass lands, and, when a 

 fire occurs on the right of way of its road, 

 shall immediately concentrate such help 

 and adopt such measures as shall be avail- 

 able for its extinguishment. 



Any company violating any provisions 

 of this section shall be deemed guilty of 

 a misdemeanor, and on conviction thereof, 

 shall be fined not less than fifty dollars 

 and not exceeding one hundred dollars and 

 costs of prosecution for each offense, and 

 any railroad employe violating the same 

 shall be guilty of a misdemeanor, and shall 

 be punished by a fine of not less than 

 twenty-five dollars nor more than one hun- 

 dred dollars and costs of prosecution, or 

 by imprisonment in the county jail not ex- 

 ceeding ninety days. 



Sec. 15. Where and whenever in the judg- 

 ment of the state forester there is or may 

 be danger of starting and spreading of fires 



from slashings and debris from the cutting 

 of timber of any kind and for any purpose, 

 the state forester will notify the individ- 

 ual, firm or corporation, for and by whom 

 the said timber has been or is being cut, 

 ordering them to dispose of the slashings 

 and debris as he may direct. Where condi- 

 tions do not permit the burning of the slash- 

 ings and debris over the entire area so cov- 

 ered, the state forester may require the per- 

 son, firm or corporation for and by whom 

 the timber was cut, to dispose of such slash- 

 ings and debris in such a way as to estab- 

 lish a safe fire line around the area requir- 

 ing such protection, the said fire line to 

 be of a width and of a character satis- 

 factory to the state forester. 



When any person, firm or corporation, 

 shall have been notified by the state for- 

 ester to dispose of slashings and debris, 

 either by entirely consuming the same or 

 establishing a fire line sufficient for the 

 protection of adjoining property, and fails 

 to comply with such instructions, the said 

 person, firm or corporation shall be 

 deemed guilty of a misdemeanor, and on 

 conviction thereof, shall be punished by 

 a fine of not less than $50.00 and not ex- 

 ceeding $100.00 and costs of prosecution for 

 each violation thereof or failure to comply 

 therewith. 



When any such branches, slashings or 

 debris are left unburned contrary to the 

 instructions of the state forester, the state 

 forester may go upon the premises with 

 such force of men as may be necessary, and 

 burn such branches, slashings and debris, 

 and the expense thereof shall be a lien 

 upon the land on which they are situated, 

 enforced as liens for the improvement of 

 real estate are enforced, and such expense 

 shall be a prima facie valid claim that may 

 be collected from the person, firm or cor- 

 poration who cut the timber or wood from 

 which the said slashings and debris were 

 made. 



Sec. 16. Any person or corporation who 

 cuts or fells trees or bushes of any kind 

 in clearing land for roadbed or right of 

 way for any railroad, highway or trail 

 shall in the manner and at the time as 

 above prescribed burn the slashings, and 

 all combustible material except fuel and 

 merchantable timber. 



Any person or corporation who cuts or 

 fells trees or bushes of any kind in clearing 

 land for agricultural or pasturage pur- 

 poses, or who in any way clears land, is 

 prohibited from setting fire to the slash- 

 ings, brush, roots or excavated stumps or 

 other combustible material on such land 

 and letting the fire run; the material must 

 be disposed of pursuant to the regulations 

 of the state forester. 



Any person who shall violate any of the 

 provisions of this section shall be deemed 

 guilty of a misdemeanor, and on convic- 

 tion thereof, be punished by a fine of not 

 less than twenty-five dollars, nor more 



