3o8 



Sierra Club Bulletin. 



one day for every two dollars of the fine imposed, or may be 

 subject to both such fine and imprisonment. 



Sec. i6. Restriction of use of fire in dry season. — It shall 

 be unlawful during what is locally known as the "dry season," 

 this to be considered as the period between May fifteenth and the 

 first soaking rains of autumn or winter, for any person or per- 

 sons to burn brush, stumps, logs, fallen timber, fallows, grass 

 or forest-covered land, or blast wood with dynamite, powder 

 or other explosives, or set off fireworks of any kind in forest 

 or brush-covered land, either their own or the property of 

 another, without written permission of and under the direction 

 or supervision of a fire warden in that district; these restrictions 

 not to apply to the ordinary use of fire or blasts in logging 

 redwood, nor in cases where back-fires are set in good faith to 

 stop an existing fire. Violation of these provisions shall be a 

 misdemeanor, punishable, upon conviction, by a fine of not less 

 than fifty dollars, nor more than one thousand dollars, or impris- 

 onment not less than thirty days nor more than one year, or both 

 such fine and imprisonment. 



Sec. 17. Engines in forest land. — Logging locomotives^ 

 donkey or threshing engines, and other engines and boilers 

 operated in, through or near forests, brush or grass land, which 

 do not burn oil as fuel, shall be provided with appliances to 

 prevent the escape of fire and sparks from the smokestacks 

 thereof, and with devices to prevent the escape of fire from ash 

 pans and fire boxes. Failure to comply with these requirements 

 shall be a misdemeanor, punishable, upon conviction, by a fine 

 of not less than one hundred dollars nor more than five hundred 

 dollars, and any person violating any provision of this section 

 shall be liable to a penalty of not less than fifty dollars nor more 

 than one hundred dollars, for every such violation, or imprison- 

 ment for not less than thirty days nor more than three months, 

 or both such fine and imprisonment. 



Sec. 18. Civil liability for forest fires. — In addition to the 

 penalties provided in sections 14, 15, 16 and 17 of this act, 

 the United States, state, county, or private owners, whose prop- 

 erty is injured or destroyed by such fires, may recover, in a 

 civil action, double the amount of damages suffered if the fires 

 occurred through willfulness, malice or negligence; but if such 

 fires were caused or escaped accidentally or unavoidably, civil 

 action shall lie only for the actual damage sustained as deter- 

 mined by the value of the property injured or destroyed, and 

 the detriment to the land and vegetation thereof. The presump- 

 tion of willfulness, malice or neglect shall be overcome, provided 



