TRESSPASSES FIEE. 105 



meanor, 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. 



Cutting of timber for agricultural, etc., uses. 



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



timber culture laws. 



Sec. 8. * * * And in the States of Colorado, Montana, Idaho, 

 North Dakota, and South Dakota, Wyoming, and the District of 

 Alaska, 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 trespass 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 timber was so cut or removed from the timberlands for 

 use in such State or Territory by a resident thereof for agricultural, 

 mining, manufacturing, or domestic purposes under rules and regu- 

 lations made and prescribed by the Secretary of the Interior and has 

 not been transported 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 Inte- 

 rior may make suitable rules and regulations to carry out the provi- 

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

 shall leave or suffer fire to burn unattended near any timber or other 

 inflammable 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 

 other inflammable material upon the public domain, or upon any 

 Indian 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., 

 855,557.) 



Sec. 54. In all cases arising under the two preceding sections the 

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

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



