1904 



FORESTRY AND IRRIGATION 



501 



by the State Auditor and apportioned 

 among the counties as provided for 

 expenses earlier in this section. 



Sec. 12. .Fire Patrol. In times and 

 localities of particular fire danger, the 

 State Forester shall maintain a fire 

 patrol, through the District Fire War- 

 dens, at such places in brush or forest 

 land as the public interest may re- 

 quire, two-thirds of the expense of 

 such patrol to be paid by the county 

 and one-third by the State. 



Sec. 13. District Attorneys to Prose- 

 cute Vigorously. Whenever an arrest 

 shall have been made for violation of 

 any provision of this act, or whenever 

 any information of such violation shall 

 have been lodged with him, the Dis- 

 trict Attorney of the County in which 

 the criminal act was committed must 

 prosecute the offender or offenders 

 with all diligence and energy. If any 

 District Attorney shall fail to comply 

 with the provisions of this section he 

 shall be deemed guilty of a misde- 

 meanor, and, upon conviction, shall be 

 fined not less than $100 nor more than 

 $1,000, or be imprisoned not less than 

 thirty days nor more than one year, 

 or both, in the discretion of the court. 

 The penalties of this section shall ap- 

 ply to any magistrate, with proper 

 authority, who refuses or neglects to 

 cause the arrest and prosecution of 

 any person or persons when complaint, 

 under oath, of violation of any terms 

 of this act has been lodged with him. 



Sec. 14. Destruction of Warning 

 Notices. Any person who shall ma- 

 liciously or thoughtlessly destroy, De- 

 face, remove or disfigure any sign, 

 poster or warning notice posted under 

 the provisions of this act shall be 

 guilty of a misdemeanor and punish- 

 able upon conviction by a fine of not 

 less than $15 nor more than $100, or 

 imprisonment in the county jail for a 

 period of not less than ten days nor 

 more than three months, or both. 



Sec. 15. Wilfully, Maliciously or 

 Negligently Setting Forest Fires.- 

 Every person who wilfully, malicious- 

 ly or negligently sets on fire or causes 

 or procures to be set on fire any woods, 

 brush, prairies, grass, grain or stubble 



on any lands not his own, or allows a 

 fire to escape from his own land, 

 whereby any property of another is 

 injured or destroyed, or accidentally 

 sets any such fire or allows it to escape 

 from his control without extinguishing 

 it, or using every effort to extinguish 

 it, shall be deemed guilty of a misde- 

 meanor, and upon conviction shall be 

 fined not less than $50 nor more than 

 $5,000, or imprisoned not less than 

 thirty days nor more than five years, 

 or both. Setting such fires or allow- 

 ing them to escape shall be prima facie 

 proof of wilfulness, malice or neglect 

 under this section ; provided, that noth- 

 ing herein contained shall apply to a 

 person who, in good faith, sets a back 

 fire to check a fire already burning. 



Sec. 1 6. Civil Liability for Forest 

 Fires. In addition to the penalties 

 provided in sections 15, 17, 18 and 19 

 of this act, the United States, the 

 State, the County, or private owners, 

 whose property is injured or destroyed 

 by such fires, may recover, in a civil 

 action, double the amount of damages 

 suffered ; in case the fires were willful 

 or malicious, or in case such fires were 

 caused or escaped accidentally or un- 

 avoidably, civil action shall lie only 

 for the actual damage sustained, as 

 determined by the value of the proper- 

 ty injured or destroyed and the detri- 

 ment to the land and the vegetation 

 thereon. The presumption of wilful- 

 ness, malice or neglect shall be over- 

 come, provided the person leaving a 

 fire, under section 17, uses reasonable 

 precaution to extinguish it ; or, under 

 section 19, the precautions provided 

 in that section are observed ; or, under 

 section 18, fires are set with permission 

 of and under direction of the District 

 Fire Warden, during the "dry sea- 

 son ;" or, during the wet season, fires 

 are not set until after one full day's 

 notice is given to each and every ad- 

 jacent land owner. 



Sec. 17. Extinguishment of Camp 

 pircs. Every person who, upon de- 

 parting from a camp or camping place, 

 in brush or forest land, wilfully or 

 negligently leaves fire burning or un- 

 extinguished, or who upon building 



