ECONOMIC. 61 



JURISDICTION AND LEGAL REMEDIES. 



Sec. 8. Establishes jurisdiction and legal proceedings in case of prose- 

 cution of incendiaries and adjustment of damages, and imposes upon every 

 district judge the duty, in charging the grand juries of his district, to call 

 special attention to the penal provisions of this act and of any similar acts 

 providing for offenses against forest property. 



Sec. 9. Charges the forest commissioner to issue and publish, by posters 

 and otherwise, reasonable regulations regarding the use of fires, such 

 regulations to contain special consideration of campers, hunters, lumber- 

 men, settlers, colliers, turpentine men, railroads, etc., and to be approved 

 by the governor. 



Sec. 10. Makes it a misdemeanor to disobey the posted regulations of 

 the forest commissioner, or to destroy posters, or to originate fires by 

 neglect of the same; provides that the prosecution shall be prepared by the 

 forest commissioner; and imposes fines and imprisonment in addition to 

 damages. Fines should be double the actual damages; one-half to go to 

 the fire fund, one-half to the person damaged. 



Sec. 11. Makes it a criminal act, subject to indictment, to willfully set 

 fires, and imposes fine and imprisonment. 



Sec. 12. Any person whose forest property is damaged by fire not 

 originated by his own neglect, and who is able to prove neglect on the part 

 of the fire warden, may call upon the forest commissioner for award of 

 damages, whereupon the forest commissioner, in conjunction with the 

 county authorities, shall investigate the case and shall refer his findings to 

 the judicial officer of the district, who shall charge the grand jury to indict 

 any offender against this act and adjudge any neglectful fire warden, or 

 other officer, or any person refusing to act upon order of the fire warden. 



Any neglect on the part of the forest commissioner to investigate and 

 fine in each case within one year from the appeal of the owner shall be 

 followed by dismissal, unless reasonable cause for failure be shown. 



LIABILITY OF RAILROADS. 



'Sec. 13. Charges railroad companies to keep their right of way free from 

 inflammable material by burning, under proper care, before certain dates 

 to be established by the forest commissioner. Failure to do so upon 

 notification by the commissioner shall be followed by the arrest of the 

 superintendent of the section, who shall be liable prima facie to procedure 

 under section 10. 



Sec. 14. Provides for the use of spark arresters, failure to comply with 

 this provision to be followed by arrest of the superintendent or other officer 

 in charge of the motive power and by procedure under section 10. 



Sec. 15. Fires originating from the tracks of a railroad company shall 

 be prima facie evidence of neglect on the part of the company, and the 

 engineer and fireman shall be liable to arrest and procedure under section 10. 



Sec. 16. In all cases where fire originates through neglect of a railroad 

 company or its agents, both the company and its officers shall be liable for 

 damages under the provisions of section 12. 



