32 FORESTRY BULLETIN 



FORESTRY LEGISLATION. 

 Clinton D. Smith. 



In Michigan, as early as 1846, a law was enacted (Howell's Annotated 

 Statutes 9,402, 9,403 and 9,404) making it a misdemeanor to wilfully or 

 negligently set fire to any woods, prairies or ground not the property of 

 the person committing the deed, or wilfully Or negligently permitting any 

 fire to pass from his own woods, prairies or grounds, to the injury or de- 

 struction of the property of other persons. The maximum penalty is a 

 fine of |1,000 or imprisonment in the county jail not exceeding" one year. 

 The guilty person is also liable to the party injured in double the amount 

 of the damages sustained. 



"Whenever the woods or prairies of any township shall be on fire so as 

 to endanger property, it shall be the duty of the justices of the peace, the 

 supervisor, and the commissioner of highways of such township, and 

 each of them, to order such, and so many of the inhabitants of such 

 township, liable to work on the highways, and residing in the vicinity of 

 the place where such fire shall be, as they shall severally deem necessary, 

 to repair to the place where such fire shall prevail, and there to assist in 

 extinguishing the same, or in stopping its progress. If any person shall 

 refuse or wilfully neglect to comply with such order, he shall forfeit a sum 

 not less than five nor more than fifty dollars." 



An act, approved May 29, 1897, adds three more sections to these 

 statutes, as follows: 



Sec. 9404 a. (Sec. 4). "The township boards of the several townships 

 of this State are hereby authorized, and it shall be their duty to prohibit 

 the setting of forest fires or fires for the purpose of clearing lands, and 

 disposing by burning, of refuse material and waste matter within their 

 respective jurisdictions, whenever, in the judgment of a majority of the 

 members of each of said boards, it shall be deemed necessary to prevent 

 the spreading of such fires over the territory of such township, or any 

 part thereof. Each of such boards may make such rules and regulations 

 as it may deem proper for the purpose of carrying this act into effect, 

 which rules and regulations shall be published by posting notices thereof, 

 together with a copy of this act, in five of the most public places in such 

 township." 



Sec. 9404 b. (Sec. 5). "Whenever in pursuance of the authority hereby 

 given, any township board shall designate a period during which it shall 

 be unlawful to set such fires, any person who shall be found guilty of 

 violating the order of such board by setting any such fire in such township 

 contrary to the provisions of any section of this act, shall be deemed 

 guilty of a misdemeanor, and on conviction thereof, shall be subject to 

 the same punishment as is prescribed in section one of this chapter: 

 Provided, That any person desiring to dispose of refuse material by burn- 

 ing the same during the time prohibited by the board of such township, 

 may do so after first procuring permission in writing, signed by the 

 supervisor and township clerk, or by a majority of such township board, 

 and the said supervisor and township clerk, or a majority of the said 

 board, are hereby authorized to grant such permission, in their discretion, 



