protection. On the hearing, any interested person may appear and be heard. The board may take testimony or authorize it to be taken by any judicial officer of the county; and it may adjourn the hearing from time to time. The decision of the board upon any such matters shall be final and conclusive.

Use of fire prevention fund. All moneys in the said "state board of forestry fire prevention fund" are hereby appropriated to the use of the state forester for the purpose of carrying out the provisions of this act and shall be paid out of said fund upon warrant of the state controller based upon claims to be filed by the state forester approved by the state board of control.

§ 4. "Forest land" defined. For the purpose of this act any land shall be considered forest land which has enough forest growth standing or down or has sufficient inflammable forest debris to constitute, in the judgment of the state board of forestry, a fire menace to itself or adjoining land.

§ 5. Owners of certain lands excepted. The owner or owners of any land coming under the provisions of this act who shall reside within one and one-half miles of the further limits of said land, shall be considered by virtue of said residence to maintain a sufficient fire patrol and shall not be compelled to maintain any additional patrol on said lands.

§ 6. Power of state board of forestry. The state board of forestry is hereby authorized to prescribe necessary and proper rules and regulations and to do any and all things necessary to carry out and accomplish the purposes of this act.

§ 7. Constitutionality. If any section, subsection, sentence, clause or phrase of this act is for any reason held to be unconstitutional such decision shall not affect the validity of the remaining portions of this act. The legislature hereby declares that it would have passed this act, and each section, subsection, sentence, clause and phrase thereof irrespective of the fact that any one tions, subsections, sentences, clauses, or phrases be declared unconstitutional.

or more sec

§ 8. Repealed. All acts and parts of acts inconsistent with this act are hereby repealed.

АСТ 2693.

An act to fix the salaries of the state forester, deputy forester and assistant forester.

[Approved March 22, 1909. Stats. 1909, p. 669.]

Amended 1. 1917, p. 439. 2. 1921, p. 1247.

§ 1. Salary of state forester.

§ 2. Repealed.

§ 1. Salary of state forester. The salary of the state forester shall be four thousand dollars per annum. The state forester shall have the authority to appoint a deputy forester at a salary of three thousand six hundred dollars per annum. The salary of the assistant state forester

shall be three thousand dollars per annum. The deputy forester shall exercise all the powers and duties of the state forester during the latter's absence. All the salaries mentioned herein are to be paid in the same manner as the salaries of the other state officers are paid. [Amendment approved June 3, 1921; Stats. 1921, p. 1246.]

This section was also amended in 1917 (Stats. 1917, p. 439).

§ 2. Repealed. All acts and parts of acts inconsistent herewith are hereby repealed. [Amendment approved June 3, 1921; Stats. 1921, p. 1246.]

This section was also amended in 1917 (Stats. 1917, p. 439).

АСТ 2694.

An act providing for the establishment and maintenance of a state nurs ery under the jurisdiction and management of the state forester for the growing of stock for reforestation and the planting of trees along highways and in public places, and making an appropriation therefor. [Approved May 15, 1917. Stats. 1917, p. 563. In effect July 27, 1917.] § 1. State nursery established.

§ 2. Duty of state forester.

§ 3. Governor to receive deeds, etc.

§ 4. Appropriation.

§ 1. State nursery established. There is hereby established a state nursery under the jurisdiction and management of the state forester for the growing of stock for reforestation of public lands, the planting of trees along public streets and highways and for the beautifying of parks and school grounds. The state nursery shall be located by the state forester upon lands now owned by the state or donated to the state for that purpose.

§ 2. Duty of state forester. The state forester shall construct and maintain such buildings, improvements and equipment, and shall employ and fix the compensation of such employees as may be necessary to carry out the provisions of this act. He may also purchase nursery stock and seed and distribute the same at cost for public planting or reforestation.

§ 3. Governor to receive deeds, etc. The governor, on behalf of the state, is hereby authorized to receive all such deeds, conveyances, assurances or donations of real or personal property as may be necessary in law to vest in the people of the state of California the title to any site or sites for said nursery and any equipment and supplies therefor that may be donated to the state and accepted by the governor.

§ 4. Appropriation. Out of any money in the state treasury not other. wise appropriated there is hereby appropriated the sum of fourteen thousand dollars for the purposes of this act.

ACT 2695.

An act to enable the state board of forestry to accept deeds and conveyances of land in the name of the people of the state of California, for park purposes, to manage and control the same, to consent to conditions attached to the grant thereof, prescribe regulations therefor, or prohibit violations thereof.

[Approved June 2, 1921. Stats. 1921, p. 1197. In effect August 1, 1921.]

1. State board of forestry authorized to accept lands for park pur

§ 1. State board of forestry authorized to accept lands for park purposes. The state board of forestry is hereby authorized to accept deeds and conveyances of lands in the name of the people of the state of California, for park purposes.

§ 2. Conditions attached to grants. The state board of forestry is hereby authorized and empowered to consent to such conditions as may be imposed by the grantors of any such lands and to attach to the same the name or names of the grantors thereof. Such tracts shall thereafter be known by the names selected by the grantors and agreed upon by the state board of forestry.

§ 3. Control over parks and funds. Said forestry board shall have full power and control over said park or parks and over any and all funds provided for the care, maintenance, preservation and improvement of the same and shall make and enforce all necessary rules and regulations for the care, maintenance, preservation and improvement of the

same.

АСТ 2696.

An act providing for the purchase of redwood timber lands in Humboldt and Mendocino counties, adjacent to the state highway, and making an appropriation therefor, and vesting authority and power in the state board of forestry to make said purchases, in the name of the state of California, from the moneys herein appropriated, and to manage and control said timber lands, and whenever necessary in their judgment to exercise the right of eminent domain in acquiring said lands by condemnation proceedings and empowering the state board of forestry to receive in the name of the people of the state of California gifts of land and to receive contributions from any source toward the purchase of or the care and maintenance of lands. [Approved June 3, 1921. Stats. 1921, p. 1657. In effect August 2, 1921.] The act appropriated $300,000 for the purpose indicated.

ACT 2697.

An act relating to the acquisition by the state of forest land for park purposes; authorizing the state board of forestry to make a survey and report on all suitable forest park sites in the state; providing a method for procuring such parks by purchase, gift, devise, donation, or condemnation proceedings, or proceedings in eminent domain and for procuring money for the acquisition and maintenance thereof, and prescribing the procedure therefor; reserving certain rights to the owners of land adjacent to the lands so acquired; providing for the naming of such parks; providing for assistance by the attorney general; vesting the state board of forestry with jurisdiction and control of such parks after their acquisition by the state and of any funds provided for the purchase or maintenance thereof; providing for the expenses of said

board in carrying out the purposes of this act; and prescribing the procedure for carrying out the provisions of this act.

[Approved May 29, 1923. Stats. 1923, p. 495.]

§ 1. Survey of forest lands. Those suitable for public parks to be designated.

Designated lands to be acquired. Rights of way.

Examination and purchase of park lands upon application of

private individuals. Deposit. Notice to owner.

Name of park acquired by gift.

§ 2.

§ 3.

§ 4.

§ 5.

Procedure where deposit is insufficient.

$9. Compensation in eminent domain proceedings.

§ 10.

Powers of control of board of forestry.

811. Examination of title to lands.

§ 12.

Limitations.

§ 1. Survey of forest lands. Those suitable for public parks to be designated. The state board of forestry is hereby authorized and directed to make a survey of forest lands in this state and report upon such lands suitable for use as public parks. Said board is directed to divide the state into general sections for the purposes of said survey, and to file its report on each of such sections as soon as the survey of each section is complete. In making selections of such lands for park purposes and in passing upon applications provided for in section three hereof, the said board shall give due consideration to the maintenance of the integrity of logging units. Said report shall designate by accurate description the specific areas which said board recommends should be acquired by the state for park purposes and said reports shall be filed with the secretary of state.

§ 2. Designated lands to be acquired. Rights of way. Upon the filing of its report upon any section, the said board of forestry is hereby authorized to acquire for and in the name of the people of the state of California, any land in said selected areas designated in said report, either by gift, donation, contribution, purchase, devise, or proceedings in eminent domain; also to receive and accept at any time by gift, donation, contribution or bequest, money to be used for said survey, for the acquisition of said lands, and/or the care and maintenance thereof; provided, that nothing herein contained shall be construed to abridge or curtail any existing right of owners of forest lands adjacent to land acquired hereunder to cross said acquired lands, and said board of forestry shall have the power to grant such necessary rights of way.

§ 3. Examination and purchase of park lands upon application of private individuals. Deposit. Notice to owner. Upon written application by any person, designating with accuracy all or any part of such park land area the state board of forestry shall examine such desig nated lands and in writing, approve or disapprove such designated land for park purposes; if said board approves such land, it shall then be the duty of said board to appraise such land and to advise such person of the sum of money necessary, in the opinion of said board, for the acquisition of such designated land; provided, however,

that any expenses occasioned by such examination and/or appraisement shall be deposited in advance by the person so applying. Said appraisement and approval shall be filed with the secretary of state.

Deposit. Any person may, at any time within ninety days after the filing of such appraisement and approval, deposit a sum of money with the treasurer of the state of California together with a description of any land so approved and included within the areas designated by any report of the state board of forestry as herein provided, with the declaration that he desires said described lands to be acquired for the use of the people of the state of California for park purposes; and sum so deposited, equal in amount to the appraisement of the state board of forestry, shall be used by said state board of forestry for the acquisition, maintenance and preservation of the park land so described. No action to condemn any such land shall be commenced until the amount of such appraisement is deposited.

Notice to owner. Upon the owner of any land filing with the state board of forestry a written request therefor, specifying an address within this state, the state board of forestry shall mail forthwith to such address of the owner of any land designated under this section a copy of any application, a copy of any approval or disapproval, and a copy of any appraisement, and shall advise such owner of any deposit of money made and the amount thereof.

Nor shall any condemnation proceeding be brought if the owner of such land shall file his written acceptance of any sum deposited or part thereof as the purchase price of such land.

§ 4. Name of park acquired by gift. Any lands acquired hereunder through gifts of money used for acquiring the same, or by donation, gift or devise, may be known by any name designated by the donor and approved by the state board of forestry.

§ 5. Procedure where deposit is insufficient. Should there be rendered in any condemnation action a judgment for a greater amount than the money deposited in the state treasury, the person so depositing said money shall have the right to deposit a sum additional thereto, sufficient to cover the amount of said judgment and all costs and expenses, in which event said condemnation shall be proceeded with, and said lands passed to the state of California.

Should, however, said additional deposit not be made within thirty days from entry of judgment as herein provided, then said judgment shall be set aside, the court being hereby authorized to set said judgment aside, and to render a judgment for all costs and expenses on behalf of the defendant or defendants and all costs on behalf of the state of California, which costs and expenses shall be paid out of the fund on deposit in the state treasury as herein before provided.

§ 6. Return of balance of deposit. In the event, as in the previous section set forth, the depositor of the money in the treasury should not enlarge such deposit to cover the judgment and costs and expenses, after the payment of all costs of the state of California and the expenses of defendant from said fund, the remainder of said fund shall, by the treasurer, on the certificate of the governer and the attorney general, be paid to the depositor thereof.