310 



AMERICAN FORESTRY 



than one hundred dollars, or by imprison- 

 ment in the county jail for not less than 

 ten days nor more than ninety days. 



Sec. 17. The wages and expenses of men 

 summoned or employed to fight forest fires 

 actually burning, shall be fixed and paid 

 for by the state forester and the labor 

 reckoned and paid for by the hours of 

 labor performed, which shall not exceed 

 the rate of 25 cents per hour employed; 

 provided no pay shall be given for fighting 

 fire within one mile of the residence of 

 such person unless employed by the state 

 forester or his assistants. The forestry 

 board is authorized to draw out of the 

 money appropriated by this act a reason- 

 able sum, not to exceed five thousand 

 (5,000) dollars at any one time, from the 

 state treasurer and place the same in the 

 hands of the state forester to be used by 

 him in paying emergency expenses, and the 

 state auditor is authorized to draw his 

 warrant for such sum when duly approved 

 by the president and secretary of said 

 board. The state forester shall take proper 

 tub-vouchers or receipts from all persons 

 to whom such funds are paid and after the 

 same have been approved by the state for- 

 estry board, they shall be filed with the 

 state auditor. 



Sec. IS. Every employe of the state fores- 

 try board and every person lawfully com- 

 manded to assist in enforcing any of the 

 provisions of this chapter, who shall un- 

 justifiably refuse or neglect to perform his 

 duty; every person who shall kindle a fire 

 on or near forest, brush, or prairie land 

 and leave it unquenched, or be a party 

 thereto, or who shall set fire to brush, 

 stumps, dry grass, field, stubble, or other 

 material and fail to extinguish the same 

 before it has endangered the property of 

 another; every person who shall negligent- 

 ly or carelessly set fire, or cause to be set 

 on fire, any woods, prairie, or other com- 

 bustible material, whether on his own land 

 or not, by means whereof the property of 

 another shall be endangered, or who shall 

 negligently suffer any fire upon his own 

 lands to extend beyond the limits thereof; 

 pvery person who shall use other than in- 

 combustible wads for firearms, or carry a 

 naked torch, firebrand, or exposed light in 

 or near forest land, or who, in the vicinity 

 of such land, shall throw or drop into com- 

 bustible material any burning match, ashes 

 of pipe, lighted cigar, or any other burn- 

 ing substance, and who fails to immediate- 

 ly extinguish the same, and every person 

 who shall deface, destroy or remove any 

 abstract or notice posted under this chap- 

 ter shall be deemed guilty of a misde- 

 meanor, and on conviction thereof shall be 

 punit^hed by a fine of not less than twenty- 

 five dollars and not exceeding one hundred 

 dollars and costs of prosecution or by im- 

 prisonment in the county jail not less than 

 ten days and not exceeding ninety days. 



Sec. 1&. All villages and cities in the 

 state situated in the timber area are here- 

 by authorized, and all such municipalities 

 where the same is possible so to do are 

 hereby directed, to clear off all combustible 

 material and debris and create at least two 

 good and sufficient fire-breaks of not less 

 than ten feet in width each, which shall 

 completely encircle such municipalities at 

 a distance of not less than twenty rods 

 apart, between which backfires may be set 

 or a stand made to fight forest fires in 

 cases of emergency. 



It is hereby made the duty of the dis- 

 trict rangers to report to the state forester 

 any failure to comply with the provisions 

 of this section or any violation of this act 

 and any failure so to do shall be punished 

 by a fine of not less than twenty-five 

 dollars, nor more than one hundred dol- 

 lars. 



Sec. 20. Every road overseer or assist- 

 ant of a road overseer or other local officer 

 having charge of the highway, who finds 

 that any person has left a camp fire burn- 

 ing in his district, shall extinguish the 

 same, and take prompt measures to prose- 

 cute the person or persons who so left such 

 fire. 



Sec. 21. Every person who, when the 

 ground is not covered with snow, starts 

 a fire for any purpose not hereinafter 

 specified in this act, in the vicinity of for- 

 est or prairie land, shall exercise every 

 reasonable precaution to prevent such fire 

 from spreading, and shall before lighting 

 the same clear the ground from all 

 branches, brushwood, dry leaves and other 

 combustible material within a radius of 

 ten feet from the fire, and shall carefully 

 extinguish the fire before quitting the 

 place. 



Sec. 22. Whoever under any circum- 

 stances sets fire must exercise care and pre- 

 caution in proportion to the danger. 



Whenever a fire set by any person or cor- 

 poration spreads to and destroys property 

 belonging to another, it shall be prima fa- 

 cie evidence that the party so setting such 

 fire is guilty of negligence in setting the 

 same and allowing it to spread. 



Sec. 23. No appeal shall be allowed from 

 a judgment in justice's court in any prose- 

 cution under this chapter unless the person 

 appealing shall, within the legal time pre- 

 scribed, enter into a recognizance with two 

 sufficient sureties, surety company or cash 

 bail, in twice the amount of the fine and 

 costs, to be approved by the justice, con- 

 ditioned to appear before the district court 

 on the first day of the general term thereof 

 next to be held in and for the same county, 

 and abide the judgment of said court 

 therein. 



The justice may examine the proposed 

 sureties under oath, and in such case 

 shall make and keep a record of their 

 answers in respect to the kinds and 



