§ 15. Extinguishment of camp-fires. Every person who upon departing from a camp or camping place, leaves fire burning or unextinguished, or who after building such fire allows it to spread, shall be guilty of a misdemeanor and punishable by a fine of not less than fifty dollars nor more than five hundred dollars, with costs of suit and collection, one-half of such fine or such a portion thereof as shall not exceed fifty dollars, to be paid to the person securing the arrest and conviction of such offender, and if the defendant refuses or neglects to pay the fine and costs imposed, he shall be confined in the county jail of the county in which conviction shall be had, for a period not to exceed one day for every two dollars of the fine imposed, or may be subject to both such fine and imprisonment.

§ 16. Restriction of use of fire in dry season. It shall be unlawful between May fifteenth and October thirty-first, for any person or persons to burn brush, stumps, logs, fallen timber, fallows, slash, or grass brush or forest covered land or any other inflammable material or to blast with dynamite, powder or other explosives, or set off fireworks of any kind in forest, fallows, grass or brush covered land, either their own or the property of another, unless done under a written permit from the state forester or his duly authorized agent, and in strict accordance with the terms of the permit; these restrictions not to apply to the ordinary use of fire or blasts in logging in the redwood region (sequoia sempervirens). Provided, however, that no written permission shall be necessary to burn inflammable material in small heaps or piles, where the fire is set on a public road, in door yard premises, corrals, gardens, or plowed fields, at a distance not less than one hundred feet from any woodland, timber, or brush covered land or field containing dry grass or other inflammable material. Any violation of this section is punishable by a fine of not less than fifty dollars or more than five hundred dollars or imprisonment for not less than thirty days nor more than six months in the county jail of the county in which the crime is committed, or both such fine and imprisonment. [Amendment ap proved June 13, 1923. Stats. 1923, p. 690.]

§ 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 provisions 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 imprisonment for not less than thirty days nor more than three months, or both such fine and imprisonment.

§ 18. Civil liability for forest fires. In addition to the penalties provided in sections fourteen, fifteen, sixteen and seventeen of this act, the United States, state, county, or private owners, whose property 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,

The

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 determined by the value of the property injured or destroyed, and the detriment to the land and vegetation thereof. presumption of willfulness, malice or neglect shall be overcome; providel, that the precautions set forth are observed; or, provided, fires are set during the "dry season" with written permission of and under the direction of the district firewarden. Persons or corporations causing fires by violations of this act shall be liable to the United States, state, county, or private owners in action for debt to the full amount of all expenses incurred by the United States, state, county or private owners in fighting such fires. [Amendment approved May 2, 1919. Stats. 1919, p. 234.]

The act of 1919 amending the above section contained the following provision: "All acts and parts of acts inconsistent herewith are hereby repealed."

§ 19. Inspection of forest area. Posting notice. Order that area be cleaned up. Declaring area a nuisance. Expense. It shall be the duty of the state board of forestry, whenever it shall be deemed necessary, to notify the owner of any forest area within the state by a written notice to be served upon the person or persons or corporation, or either of them, owning or having charge of such area, or upon the agents, attorney or representative of either, by any firewarden, deputy fire-warden or special fire-warden or any employee of the state board of forestry, in the same manner as a summons in a civil action, or if such area belongs to any nonresident person or corporation and there is no person in control or possession thereof, and such nonresident person or corporation has no tenant, attorney, representative or agent upon whom such service can be had;

Posting notice. or if the owner or owners of such area, or their tenants, attorneys, representatives, or agents cannot after due diligence be found, then by posting the said notice in some conspicuous place upon such area and by mailing a copy thereof to the owner thereof at his last known place of residence if the same is known or can be ascertained, that the said state board of forestry intends to cause an inspection to be made of the said forest area for the purpose of ascertaining whether or not the same constitutes a nuisance as hereinafter provided. The said notice shall describe the forest area to be inspected by general description and shall designate the time of such inspection. At the time so designated in said notice the said state board of forestry shall cause an inspection to be made of the said forest area and the said owner or his agent shall be permitted to be present during such inspection and shall be given a full opportunity of showing that such forest area is not a nuisance as contemplated by this

act.

Order that area be cleaned up. If the said state board of forestry after such inspection finds any forest area inadequately protected adjoining, lying near, or intermingled with other forest and covered wholly or in part with inflammable debris, which by reason of such location or condition or lack of protection endangers life or property, the state board of forestry shall in writing notify the owner or owners of such areas that the condition of said areas endangers life or property and shall require such persons or corporation to

clean up such areas by the use of fire or otherwise at a time and in a manner to be therein specified. Said notice may be served upon the person or persons or corporation, or either of them, owning or having charge of such areas or upon the agents of either, by any fire-warden, deputy fire-warden or special fire-warden or any employee of the state board of forestry, in the same manner as a summons in a civil action; provided, however, that if any such area belong to any nonresident person or corporation and there is no person in control or possession thereof and such nonresident person or corporation has no tenant, bailee, depository or agent upon whom such service can be had; or if the owner or owners of such areas cannot after due diligence be found, then such notice may be served by posting the same in some conspicuous place upon such area, and by mailing a copy thereof to the owner thereof at his last known place of residence, if the same is known or can be ascertained.

Declaring area a nuisance. Any and all such inadequately protected forest areas adjoining, lying near, or intermingled with other forest and covered wholly or in part with inflammable debris, which by reason of such location or condition or lack of protection endangers life or property, are hereby declared to be a public nuisance; and whenever any such nuisance shall exist within the state, and the proper notice shall have been served, as herein provided, and the time specified in said notice shall have elapsed without the nuisance having been abated, it shall be the duty of the state board of forestry to cause said nuisance to be at once abated, by burning or otherwise disposing of the inflammable debris.

Expense. Lien. Costs. The expense thereof shall be paid by the state in like manner as bills for fire fighting are paid. Any and all such sum or sums so paid shall be and become a lien on the property from which said nuisance has been removed or abated in pursuance of this section, and said lien shall continue as long as the said sum or sums above referred to shall remain unpaid. The claim for any lien shall be filed by the state forester, or, under his direction, by any of his assistants or fire-wardens, in the office of the county recorder of the county in which the property on which said nuisance existed is situated. Proceedings for the enforcement of such lien shall be instituted by the district attorney of the county where the nuisance existed, at the request of the state board of forestry and in the name of the state of California as claimant; and the costs shall be recovered in the usua!

manner.

State board of forestry may abate nuisance. The state board of forestry is hereby vested with the power to cause any and all such nuisances to be abated in a summary manner. [Amendment approved April 7, 1911. Stats. 1911, p. 709.]

§ 20. Disposals of moneys received as penalties. All moneys received as penalties for violations of the provisions of this act, less the cost of collection, and not otherwise provided for, shall be paid into the state treasury to the credit of the forestry fund, which fund is hereby created, and the moneys therein are hereby appropriated for purposes of forest protection, management and replacement under direction of the state board of forestry.

§ 21. Moneys for forest purposes. County boards of supervisors may appropriate money for purposes of forest protection, improvement and management.

§ 22. Payment of expenses under this act. There is hereby appropriated for the fifty-seventh and fifty-eighth fiscal years, the sum of seventeen thousand six hundred dollars ($17,600) for carrying out the provisions of this act, and for the payment of all salaries and expenses herein provided for.

§ 23. Repealed acts. All acts or parts of acts inconsistent with the provisions of this act are hereby repealed.

ACT 2691.

An act providing for the prevention and suppression of forest fires. [Approved May 2, 1919; Stats. 1919, p. 262. In effect July 22, 1919.]

§ 1. Prevention and suppression of forest fires.

§ 2. Co-operation with other agencies.

Power to summon help for suppression of fires.

§ 3.

Special fire rangers.

§ 4.

§ 5.

Power to make arrests.

§ 1. Prevention and suppression of forest fires. For the prevention and suppression of forest fires the state board of forestry shall—

(a) Rules. Make and enforce such rules and regulations as may be necessary and proper for the organization, maintenance, government and direction of the fire protective system provided for in this act;

(b) Fire districts. Divide the state into such number of suitable and convenient fire districts as may be necessary;

(c) Fire rangers. Appoint a district fire ranger for each of such fire districts to serve during the seasons when fires are liable to occur at a salary of not to exceed one hundred fifty dollars per month and necessary expenses. Said district fire rangers shall, under the direction of the state forester, have charge of the fire fighting system and men in such districts; and shall be charged with the duty of preventing and extinguishing forest fires and with the performance of such other duties as may be required by the forester.

(d) Implements and apparatus. Provide all proper fire-prevention and fire-fighting implements and apparatus, organize fire companies and establish observation stations and employ men to attend them in all fire districts established as herein provided; construct and maintain telephone lines and provide such other means of communication as shall be necessary to prevent and extinguish forest fires.

§ 2. Co-operation with other agencies. For the purpose of co-operating with federal, county, municipal and private agencies for fire protection, forest management, reforestation and afforestation the state forester may

(a) Agreements with federal government. Enter into agreements with the federal government, under such terms as he deems advisable or as may be provided by law, and renew, revise or terminate such agree

ments, for the purpose of maintaining a fire patrol system for the prevention and suppression of any forest fires in any timber, brush, grass or other inflammable vegetation or material; provided, that the expenses incurred by the terms of said agreements shall be paid from the appropriations or funds available for forest fire protection.

(b) Agreements with counties or municipalities. Whenever any county or municipality shall make any appropriation for the prevention and suppression of forest fires on any lands within said county, or municipality, or for the protection and forest management of any lands over which such county or municipality has jurisdiction, or for reforestation or afforestation on lands within said county or municipality, the state forester may, with the approval of the state board of control, enter into agreements with such county or municipality for said purposes on such terms and under such considerations as he deems wise.

(c) Agreements with persons, firms, etc. Enter into agreements, with the approval of the state board of control, with any person, firm, association or corporation owning or controlling any forest, brush, grass or grain lands, under such terms as he deems advisable or as may be provided by law, and renew, revise or terminate such agreements, for the prevention and suppression of forest fire; provided, that said agreements shall not provide that the state shall pay more than one-third of the expenses for said prevention and suppression of forest fires; provided, however, that the expenses incurred by the terms of said agreements shall be paid from the appropriations or funds available for forest fire protection.

§ 3. Special fire rangers. Where owners of land, or any organization, shall maintain a fire patrol for the prevention and suppression of forest fires the state forester may designate such patrolman as special fire ranger and give to him, for the protection of lands patrolled by him or adjacent thereto, all the rights and powers of district fire rangers as herein provided; and such special fire rangers shall be paid wholly by such owners or organizations or as may be provided for by section two of this act.

§ 4. Power to summon help for suppression of fires. The state forester, deputy state forester and assistant state foresters, shall have power to summon any able-bodied male to assist in suppressing any forest fire; and whosoever fails to obey such summons shall be guilty of a violation of this act; and the above-mentioned officers shall have power to authorize any district fire ranger, special fire ranger or any voluntary fire warden to summon any able-bodied man to assist in suppressing any forest fire within their respective jurisdictions, and whosoever fails to obey such summons from any such authorized district fire ranger, special fire ranger or voluntary fire warden shall be deemed guilty of a violation of this act; and every person who in obedience to such summons assists in extinguishing any forest fire shall be compensated at the rate of twenty-five cents per hour of service actually rendered; provided, that said compensation shall be paid from the appropriations or funds available for forest fire protection.

§ 5. Power to make arrests. The state forester, deputy state forester, assistant state foresters, district fire rangers and special fire rangers, shall have the powers of peace officers to make arrests without warrant,