TAX LANDS AND FORESTRY. 143 



punished by a fine not exceeding one hundred dollars, or by imprison- 

 ment in the county jail not exceeding three months. Any person who 

 maliciously sets on fire, or causes to be set on fire, any woods, grass 

 lands or other combustible material whereba the property of. another is 

 destroyed or life is endangered, shall be pumlhed with ^^K^ of not over 

 five hundred dollars, or be imprisoned in the St^^p'rflon for a term of 

 not over ten years, or both such fine and imprisonment. 



Section 10. Any person who shall kindle a fire on or dangerously near 

 to forest, brush or grass lands, and leave it unquenched, or who shall 

 fail to extinguish a camp fire before leaving it, or who shall be a party 

 thereto, and every person who shall use other than incombustible wads 

 for firearms, or who shall carry a naked torch, firebrand, or other ex- 

 posed light in or dangerously near to forest land, causing risk of acci- 

 dental fire, shall be punished by a fine not exceeding one hundred dol- 

 lars or imprisonment in the county jail not exceeding three months. 



Fires for the purpose of clearing lands, disposing of brush, waste mater- 

 ials and the like, shall not be started or allowed to burn on any woodland 

 territory within the operation of this act except with the consent of 

 the fire warden or his deputy, in any year between the first day of April 

 and the first day of July, nor between the first day of September and 

 the first day of November ; and during any other dry and dangerous sea- 

 son when forest fires are prevailing, or are liable to break out, the starting 

 or maintenance of such fires shall be unlawful within such other dates as 

 the Governor, on request of the State Forest Warden, shall oflflcially pro- 

 claim or give public notice of. Any person who shall set, start or main- 

 tain any fire during a closed season in violation of the foregoing shall be 

 deemed guilty of a misdemeanor and on conviction be fined not less than 

 ten nor more than one hundred dollars, or imprisonment in the county 

 jail not less than twenty nor more than sixty days, or both, in the discre- 

 tion of the court. Any person who, between April 1 and December 1, 

 shall set, start or maintain fires on his own or other lands for the above 

 or other purposes, except for cooking food or warming the person, shall, 

 before so doing, give one day's previous notice of intention thereof to the 

 nearest fire warden or to the deputy in charge of the district, and of the 

 exact place and time when such fires will be set or started, and in default 

 shall be liable to arrest for failure to give such notice and shall be sub- 

 ject to a fine of five dollars or ten days in the county jail, or both for each 

 oflfense; and also shall be liable, in case such fire shall be or spread be- 

 yond his own premises, to a fine of fifty dollars or to imprisonment in the 

 county jail for thirty days or both ; and in case of damage done to the 

 property of another, shall be liable in a civil action for treble damages, 

 in which suit, failure or omission to give notice as aforesaid shall be 

 deemed to be negligence and sufficient basis for damages. 



Section 11. Every person who shall wilfully deface, destroy or re- 

 move any warning placard posted under the requirements of this act 

 shall be liable to a fine not exceeding one hundred dollars for each 

 offense, or imprisonment in the county jail not exceeding three months. 



Section 12. It shall be the duty of all railroad companies operating 

 any railroad within this State to use efficient spark arresters on all 

 their engines and to keep their right of way, to the width of fifty feet 

 on each side of the center of the main track, cleared of all combustible 

 materials and safely dispose of the same within said limits of their right 



