FISHERIES, GAME AN _ D FOREST LAW. 2"Jl 



person who has a freehold estate therein, the attorney-general shall, on the request of the board of 

 fisheries, game and forest, bring an action in the name of the people of the state, for the 

 actual partition of such land ; and on the written consent of the board such person may main- 

 tain an action for the actual partition of such land in the same manner as if the state were not 

 entitled to exemption from legal proceedings, and sen-ice of process in such action upon the 

 attorney-general shall be deemed service upon the state. Such actions, the proceedings and 

 judgment therein and the proceedings under the judgment shall be according to the practice at 

 the time prevailing in actions of partition, and shall have the same force and effect as in other 

 actions, except that no costs against the state shall be allowed in such actions and no sale of 

 such lands shall be adjudged therein. The board of fisheries, game and forest may without 

 action, but with the consent of the comptroller, agree with any person or persons owning lands 

 within the forest preserve jointly or as tenants in common, with the state for the partition of 

 such lands, and on such agreement and consent, the comptroller shall make on behalf of the 

 people of the state, any conveyance necessary or proper in such partition, and such conveyance 

 shall be forthwith recorded as now provided by law as to conveyances made by the commis- 

 sioners of the land office. 



Duties of Railroad Companies. 



§ 275. Every railroad company whose road passes through waste or forest lands or lands 

 liable to be overrun by fires within the state, shall twice in each year cut and remove from its 

 right of way all grass, brush or other inflammable materials, but under proper care and at 

 proper times when fire, if set, can be kept under control. All locomotives which run through 

 forest lands shall be provided with approved and sufficient arrangements for preventing the 

 escape of fires from the furnaces or ashpans, and with netting of steel or iron wire upon their 

 smokestacks to prevent the escape of sparks or fire, and every engineer and fireman employed 

 upon a locomotive shall see that the appliances to prevent the escape of fire are in use and 

 applied as far as it can be reasonably and practically done. No railroad company shall permit 

 its employes to deposit fire coals or ashes upon their track in the immediate vicinity of wood- 

 lands, or lands liable to be overrun by fires, and where any engineers, conductors or trainmen 

 discover that fences or other material or substances along the right of way upon woodlands 

 adjacent to the railroad are burning, or in danger from fire, shall report the same at their next 

 stopping place, and the person in charge of such station shall take prompt measures to extin- 

 guish such fires, and shall immediately notify the nearest firewarden or fish and game protector 

 and forester. In seasons of drought and especially during the first dry time in spring after 

 the snows have gone, and before vegetation has revived, railroad companies shall employ a 

 sufficient number of trackmen for the prompt extinguishment of fires ; and where a forest fire is 

 raging near the line of their road they shall concentrate such help and adopt such measures as 

 shall most effectually arrest its progress. If any railroad company or any of its employes 

 violate any provisions cf this section, the company shall forfeit to the people of the state the 

 sum of one hundred dollars for every such violation. 



