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[H. B. No. 266 9 the discretion of the court may be imprisoned not more than one 10 hundred days, for each offense.

Sec. 29. It shall be unlawful to shoot, hunt, fish or camp upon 2 the enclosed or improved lands of another person, or to peel or 3 cut trees or to build fires, without permission in writing from the 4 owner, lessee or other person entitled to possession of such land, 5 or the agent of such person duly authorized to give such permis6 sion, and such persons so shooting, hunting, fishing or camping on 7 the lands of others shall have such written permission with him 8 when so doing. It is made lawful for such owner, lessee or per9 son who is entitled to possession of such land, or the agent thereof, 10 to arrest any person in the act of violating this section and such 11 owner, lessee or other person is for such purposes vested with all 12 the powers and rights of a game protector for such purpose. Any 13 person violating any of the provisions of this section shall be 14 deemed guilty of a misdemeanor, and upon conviction shall be 15 fined not less than ten nor more than one hundred dollars and 16 may, at the discretion of the justice, be confined in the county jail 17 not more than thirty days.

Sec. 29%. It shall be unlawful to fish for, catch, capture or 2 take, or attempt to catch, capture or take, any fish in or from any H. B. No. 266]

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3 spring, brook, stream or run, situate on unenclosed land which is 4 the property of any person, firm or corporation, except with the 5 consent of the owner of such unenclosed land; provided, first, that 6 the owner of such unenclosed land shall have erected and does 7 maintain, at conspicuous and frequent places about said spring, 8 or about and along said brook, stream or run, signs or placards 9 at least one foot square on which shall be the words "no fishing 10 or trespassing allowed here", together with the name of the per11 son so owning such unenclosed land, which signs shall be placed 12 in the case of a brook, stream or run, at or near the point where 13 the same enters and another at or near the point where the same 14 leaves the land of such person and at least another one for each 15 mile of said stream placed about an equal distance from each 16 other. Any person violating this section shall be guilty of a 17 misdemeanor, and upon conviction shall be fined not less than ten 18 and not more than two hundred dollars, or may be confined in 19 jail not less than ten and not more than one hundred days, or

20 may be both fined and imprisoned within the limitations afore21 said.

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Sec. 30. (a) The commission is vested with authority and 2 power to protect the forest against injury or destruction by fire. [H. B. No. 266 3 and it is made the duty of the commission, the state game warden, 4 and the game protectors, upon receiving notice of any such forest 5 fire to employ all the necessary means to confine or extinguish the 6 same. For this purpose authority is given to destroy fences, 7 plough lands or in cases of extreme immergency, to set back fires. 8 The state game warden and game protectors may, under the gen9 eral supervision of the commissioner, in case of immergencies, 10 summon or employ persons to assist in fighting fires, who shall be 11 paid at the rate of three dollars a day for the actual time so em12 ployed in fighting such fires. Any person summoned who shall 13 fail or refuse to assist in the fighting of such fires shall, unless 14 such failure is due to physical inability, be convicted of a misde15 meanor, and upon conviction be fined not less than ten nor more 16 than twenty dollars for each offense.

17 (b) All services rendered at forest fires except that rendered 18 by a game warden or protector, shall be charged against the county 19 in which the fire was, and each game protector shall render to the 20 county court, within twenty days after such fire, and also to the 21 commission, a sworn statement of the time used in fighting such 22 fires together with the name or names of all persons who were H. B. No. 266]

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23 summoned and assisted thereat and the amount of money due 24 each therefor.

25 (c) Whoever by himself, or by his servants, agents or guide, 26 or as the servant, agent or guide of any other person, shall build 27 any fire, or use an abandoned fire in a field, public or private road, 28 or adjacent to, or in any woods or forest in this state, shall, before 29 leaving such fire, totally extinguish the same, and upon failure to 30 do so, such person, or persons, shall be deemed guilty of a misde31 meanor, and on conviction thereof, shall be fined not less than 32 twenty-five dollars nor more than one hundred dollars and costs 33 of the prosecution, and upon default in paying said fine and costs 34 shall be confined in the county jail not more than ninety days. 35 unless said fine and costs be sooner paid. If any person, or 36 persons, negligently set on fire any woods, fields or lands within. 37 this state, so as thereby to occasion loss, damage or injury to any

38 other person, he shall be guilty of a misdemeanor and on convic39 tion thereof, shall be fined not less than fifty dollars nor more 40 than five hundred dollars, and in the discretion of the justice or 41 court trying the case, be imprisoned in the county jail not to ex42 ceed one year, and upon default in payment of the fine and costs, 42-a he shall be imprisoned in the county jail not to exceed [H. B. No. 266 42-b six months, and if any person or persons willfully set on fire 43 any woods, fields or lands within the state, not his own so as 44 thereby to occasion damage or injury to any other person, he shall 45 be guilty of a felony and on conviction thereof, shall be confined 46 in the penitentiary not less than one nor more than two years.

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(d) Every railroad company shall, on such part of its road 48 as passes through forest lands or lands subject to fires from any 49 cause, cut and remove from its right of way along such lands, at 50 least twice a year, all grass, brush and other inflammable materials 51 and employ in seasons of drought and before vegetation has re52 vived in the spring, sufficient trackmen to promptly put out fires 53 on its rights of way; provide locomotives thereon with netting of 54 steel or iron wire so constructed as to give the best practicable 55 protection against the escape of fire and sparks from the smoke 56 stacks thereof, and adequate devices to prevent the escape of fire 57 from ash pans and furnaces which shall be used on such locomo58 tives.

59 No railroad company or employee thereof, shall deposit fire 60 coals or ashes on its track or right of way near such lands. In 61 case of fire on its own or neighboring lands, the railroad company 62 shall use all practicable means to put it out. Engineers, conH. B. No. 266]

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63 ductors or trainmen discovering or knowing of fires in fences 64 or other material along or near the right of way of the railroad 65 in such lands, shall report the same at the first station to the 66 station agent, and such station agent shall forthwith notify the 67 nearest fire warden and use all necessary means to extinguish 68 the same. And any officer or employee of a railroad company 69 violating any provisions of this section, shall be guilty of a misde70 meanor and upon conviction thereof, shall be fined a sum not less 71 than twenty nor more than two hundred dollars.

72 (e) The commission shall in the name of the county in which 73 any forest fire has occurred, and which has been extinguished or 74 suppressed by its efforts, recover from the person or persons, firm

75 or corporation giving origin to such fire, the amount so expended 76 in extinguishing said fire and the costs thereof, and the same shall 77 not bar the rights of damage between the parties thereto.

Sec. 31. The commission, by and with the consent of the gov2 ernor, shall have the power and right to purchase, in the name of 3 the state, lands suitable for forest culture or game and fish re4 serves, out of any unused funds in the hands of the commis5 sion under this chapter, but such purchases may be made on not 6 less than one-third of the purchase price to be paid down at the 50 [H. B. No. 266

time of the conveyance and the residue in not less than one and 8 two years after date, and when so purchased the commission may 9 maintain the same as a forest, game and fish reserve and make 10 such regulations for the upkeep, protection and operation of the 11 same as said commission may deem necessary, and for the purpose 12 of establishing such forest, game and fish reserves the commission 13 may take any gift of any land. In the case of gifts or purchases 14 the absolute fee simple title shall pass to the state except for the 15 reservation of minerals and the mining rights to remove such 16 minerals.

Sec. 32. Any person violating any of the provisions of this act 2 the punishment for which is not expressly fixed, shall be deemed 3 guilty of a misdemeanor, and shall be fined not less than ten and 4 not more than one hundred dollars, or confined in jail not less 5 than ten and not more than one hundred days, or may be punished 6 by both fine and imprisonment, at the discretion of the court, but 7 within the limitations aforesaid, and in a case of a corporation all 8 the agents and officers of such corporation directing or engaged 9 in or about such violation may be punished as aforesaid.

Sec. 33. Any person may kill any dog that he may see chasing, 2 worrying, wounding or killing any sheep, lambs, goats or kids H. B. No. 266]

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3 outside of the enclosure of the owner of such dog, unless the same 4 be done by the direction of the owner of such sheep, lamb, goats 5 or kids.

Sec. 34. If any dog shall have killed or assisted in killing, 2 wounding or worrying any sheep, lambs, goats or kids out of the 3 enclosure of the owner of such dog, the owner or keeper of such 4 dog shall be liable to the owner of such sheep, lambs, goats or kids 5 in the amount of the damages sustained, to be recovered in action 6 before any court or justice having jurisdiction of such action;

7 and it shall not be necessary to sustain such action, to prove that 8 the owner or keeper of such dog, knew such dog was accustomed to 9 do such worrying, killing or wounding; but a recovery under this 10 section shall bar and preclude the owner of such sheep, lambs, 11 goats, or kids from obtaining compensation from the county court 12 and when compensation is obtained from the county court under 13 any law which is now or may hereafter be in force, then the county 14 wherein the payment is made, is authorized to sue under this sec15 tion, and recover as the owner of the sheep, lambs, goats or kids, 16 might have done, and the amount so recovered shall be paid into 17 the county treasury; but no suit shall be commenced unless author18 ized by the county court. Any person who shall harbor or secrete 52 [H. B. No. 266 19 or aid in secreting any dog which he knows or has reason to believe 20 has worried, chased or killed any sheep, lambs, goats or kids, not 21 the property of the owner of such dog, out of his enclosure, or 22 knowingly permits the same to be done on any premises under his 23 control, shall be guilty of a misdemeanor, and upon conviction 24 thereof before any court of justice having jurisdiction thereof, in 25 the county in which the offense is committed, be fined not less than 26 ten dollars nor more than fifty dollars, and at the discretion of 27 the court or justice, imprisoned in the county jail not more than 28 thirty days; and each day that such dog is harbored, kept or 29 secreted, shall constitute a separate offense.

Sec. 35. The owner or keeper of any dog that has been worry2 ing, wounding, chasing or killing any sheep, lambs, goats or kids, 3 not the property of such owner or keeper, out of his enclosure shall, 4 within forty-eight hours after having received notice thereof in 5 writing from reliable and trusty source, under oath, cause such 6 dog to be killed; if the owner or keeper refuse to kill said dog as 7 hereinbefore provided any justice of the peace upon information, 8 shall summon the owner or keeper of said dog, and after receiv9 ing satisfactory proof that his dog did the mischief, shall issue a 10 warrant on application being made by the owner of the sheep, H. B. No. 566] 53 11 lambs, goats or kids killed, and give it into the hands of the con12 stable, special constable or sheriff, who shall kill the dog forth13 with; the cost of said proceedings shall be paid by the owner of 14 the dog so killed, including a fee of fifty cents to the officer kill15 ing the said dog; the owner of said dog so killed, shall in ad16 dition to the costs, be liable to the owner of the sheep, lambs, goats,

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