No. 4.] REPORT OF STATE FORESTER. 305 



Rulings. 



As the validity of this law has been doubted by some people on 

 technical grounds, I desire to call attention to three cases which 

 have been brought before the courts of the Commonwealth during 

 the past season, and the disposition mtide of them. 



Soon after the act was amended by the Legislature, a fire was 

 set by a man in Boxford without a permit, which got beyond his 

 control, and not only burned over a large area of valuable forest 

 land, but cost the lives of two men who were working to suppress 

 it. The party who set the fire was arrested and brought before 

 the court at Haverhill, where his counsel attempted to have the 

 case nol yrossed on the ground that while the town of Boxford 

 had accepted by vote the provisions of the act of 1908, it had 

 failed to take any action on the amendment of 1911; consequently 

 his client could not be held criminally liable. Judge Ryan, who 

 presided over the case, heard the evidence, and then reserved his 

 decision for a week in order that he should have ample time to 

 consider the case thoroughly, at the end of which time he adjudged 

 the defendant guilty, and imposed a substantial fine. 



Another case, identical with the above, was brought before 

 Judge Burke at Pittsfield. In this case the defendant was fined 

 $20; he appealed to the higher Court, where the verdict of the 

 lower court was sustained, although the fine was reduced to S15. 



The third case was one brought before Judge Field at Green- 

 field. In this case the defendant was dismissed. 



In order to have the construction of the law settled, the State 

 Forester asked the Attorney-General's opinion, which was rendered 

 on Dec. 18, 1911. 



Attorney-General's Opinion. 



Boston, Dec. IS, 1911. 

 F. W. Rane, Esq., State Forester. 



Dear Sir: — You submit for my consideration certain questions with 

 regard to the construction of St. 1908, c. 209, as amended by St. 1911, 

 c. 244. Your first inquiry is as follows: — 



Does the act of 1911 (chapter 244), which struck out section 1 of chapter 209 

 of the Acts of 1908, substituting a new section therefor, make it necessary for 

 towns that had accepted the act of 1908 to accept the amendment of 1911, or is 

 the amended act operative in such towns without further action? 



