1905 



FORESTRY AND IRRIGATION 



307 



towns, issue such regulations and in- 

 structions to the town and district fire 

 wardens as he may deem necessary 

 for the purposes of this act, and cause 

 violations of the laws regarding forest 

 fires to be prosecuted. 



Sec. 3. The selectment of any town 

 shall, upon the request of the state 

 forest fire warden and with his con- 

 currence, appoint a town fire warden 

 who shall act for the term of one 

 year under the instructions of said 

 state warden. When required by the 

 state warden, such town fire warden 

 shall, and any such town fire warden 

 may establish two or more fire dis- 

 tricts in the town for which he is ap- 

 pointed, and appoint a resident of such 

 district as district fire warden ; in the 

 absence of town and district fire war- 

 dens, the first selectman may act as fire 

 warden. 



Sec. 4. Town and district fire war- 

 dens shall prevent and extinguish for- 

 est fires in their respective towns, and 

 enforce all statutes of this state now 

 in force or that may hereafter be en- 

 acted for the protection of forest and 

 timber land from fire, and they shall 

 have control and direction of all per- 

 sons and apparatus while engaged in 

 extinguishing forest fires, outside the 

 limits of cities or boroughs. Any fire 

 warden may arrest, without a warrant, 

 any person or persons taken by him 

 in the act of violating any of the said 

 laws for the protection of forest and 

 timber lands, and bring such person or 

 persons forthwith before a justice of 

 the peace or other magistrate having 

 jurisdiction, who shall proceed with- 

 out delay to hear, try, and determine 

 the matter. During a season of drouth 

 the town fire warden may establish a 

 fire patrol in the town, and in case of 

 fire in or threatening any forest or 

 woodland the town and district fire- 

 wardens shall attend forthwith, and 

 use all necessary means to confine and 

 extinguish such fire. The said fire 

 wardens may destroy fences, pl<>\v 

 land, or, in an emergency, set back- 

 fires to check any fire. They may 

 summon anv male resident of the town 



between the ages of eighteen and fifty 

 years to assist in extinguishing fires, 

 and may also require the use of horses 

 and other property needed for such 

 purpose ; any person so summoned and 

 who is physically able who refuses or 

 neglects to assist or to allow the use 

 of horses, wagons, or other material 

 required, shall be liable to a penalty 

 of not less than five dollars nor more 

 than one hundred dollars. No action 

 for trespass shall lie against any per- 

 son crossing or working upon lands 

 of another to extinguish fire. 



Sec. 5. The town and district fire 

 wardens shall receive two dollars and 

 fifty cents per day for time actually 

 employed at forest fires or in the pre- 

 vention thereof. The selectmen shall 

 fix the price per hour to be paid to la- 

 borers at forest fires, employed by the 

 fire wardens or their deputies, not ex- 

 ceeding twenty cents per hour, and 

 shall give notice thereof to the town 

 fire warden and the state forest fire 

 warden ; but if the selectmen neglect 

 to fix said price the town fire warden 

 may pay at the rate of twenty cents 

 per hour for such services. The said 

 wardens shall render to the selectmen 

 a statement of the services rendered 

 by them and by the men, teams, and 

 the other apparatus employed by them 

 as provided by this act, within one 

 month of the date of such services, 

 which said bill shall show on detail 

 the amount and character of the ser- 

 vices performed, the exact duration 

 thereof, and all disbursements made 

 by said wardens ; said bill shall be 

 audited, and if approved by the select- 

 men of the town wherein such services 

 were rendered and expenses incurred, 

 shall be paid on the order of said se- 

 lectmen by the town treasurer. A du- 

 plicate bill, showing that the same has 

 been audited and paid by the town. 

 shall be filed by the town treasutvr 

 with the state forest fire warden : a 

 copy thereof shall also be sent by said 

 treasurer to the county commissioners 

 of the county in which said town is 

 situated, and the commissioners shall 

 thereupon draw their order on the 



