NATIONAL FOREST MANUAL LAWS. 65 



ately notify the Commissioner of the General Land Office of that fact; Trespass, 

 and all necessary expenses incurred in making such proper examina- 

 tions shall be paid and allowed such register and receiver in making 

 up their next quarterly accounts. 



[89] SEC. 3. Any person or persons who shall violate the provisions Penalty, 

 of this act, or any* rules and regulations in pursuance thereof made by 

 the Secretary of the Interior, shall be deemed guilty of a misdemeanor, 

 and, upon conviction, shall be fined in any sum* not exceeding five 

 hundred dollars, and to which may be added imprisonment for any 

 term not exceeding six months. 



Act March 3, 1891 (26 Stat., 1093), amending section 8 of the act ,to repeal the timber cul- 

 ture laws. 



SEC. 8. * * * And in the States of Colorado, Montana, Idaho, Timber from 

 North Dakota, and South Dakota, Wyoming, and the District of Alaska, f^ timber 

 and the gold and silver regions of Nevada and the Territory of Utah in 

 any criminal prosecution or civil action by the United States for a tres- 

 pass on such public timber lands or to recover timber or lumber cut 

 thereon it shall be a defense if the defendant shall show that the said Defenses, 

 timber was so cut or removed from the timberlands for use in such 

 State or Territory by a resident thereof for agricultural, mining, manu- Agricultural, 

 facturing, or domestic purposes under rules and regulations made and m un g' etc ->uses. 

 prescribed by the Secretary of the Interior and has not been trans- 

 ported out of the same, but nothing herein contained shall operate to 

 enlarge the rights of any railway company to cut timber on the public 

 domain, provided that the Secretary of the Interior may make suitable 

 rules and regulations to carry out the provisions of this act, and he may 

 designate the sections or tracts of land where timber may be cut, and 

 it shall not be lawful to cut or remove any timber except as may be 

 prescribed by such rules and regulations, but this act shall not operate 

 to repeal the act of June third, eighteen hundred and seventy-eight, 

 providing for the cutting of timber on mineral lands. 



The above act was extended to New Mexico and Arizona by the amending act of 

 February 13,1893 (27 Stat., 444), and to California, Oregon, and Washington by the 

 amending act of March 3, 1901 (31 Stat., 1436). 



FIRE TRESPASSES. 

 CRIMINAL CODE OF MARCH 4, 1909 (36 STAT., 1088, 1098, AND 1099). 



SEC. 52. Whoever shall willfully set on fire, or cause to be set on fire, Setting fires, 

 any timber, underbrush, or grass upon the public domain, or shall 

 leave or suffer fire to burn unattended near any timber or other in- 

 flammable material, shall be fined not more than five thousand dollars, 

 or imprisoned not more than two years, or both. 



SEC. 53. Whoever shall build a fire in or near any forest, timber, or Same, 

 other inflammable material upon the public domain, or upon any In- 

 dian reservation, or lands belonging to or occupied by any tribe of 

 Indians under the authority of the United States, or upon any Indian 

 allotment while the title to 'the same shall be held in trust by the Gov- 

 ernment, or while the same shall remain inalienable by the allottee 

 without the consent of the United States, shall before leaving said fire, 

 totally extinguish the same; and whoever shall fail to do so shall be 

 fined not more than one thousand dollars, or imprisoned not more than 

 one year, or both. (As amended by Act June 25, 1910, 36 Stat., 855, 

 857.) 



SEC. 54. In all cases arising under the two preceding sections the Fines go to 

 fines collected shall be paid into the public school fund of the county sc 

 in which the lands where the offense was committed are situated. 



UNLAWFUL FENCING. 

 Act of Feb. 25, 1885 (23 Stat., 321), to prevent unlawful occupancy of the public lands. 



SEC. 1. That all inclosures of any public lands in any State or Terri- inclosure of 

 tory of the United States, heretofore or to be hereafter made, erected, JKtaim fortid" 

 or constructed by any person, party, association, or corporation, to den. 

 any of which land included within* the inclosure the person, party, 



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