Chap. 195.—An ACT to create the office of State forester under the direc-
tion and control of the State geological commission, and defining his
duties. (Ss. B. 400.)

Approved March 21, 1914.

1. Be it enacted by the general assembly of Virginia, That
there be, and is hereby, created the office of State forester, which
shall be under the direction and control of the State geological
commission, composed of the governor (who shall be ex-officio
chairman of said commissicn), the president of the University of
Virginia, the president of the Virginia Polytechnic Institute, the
superintendent of the Virginia Military Institute, and one citizen
from the State at large, who shall be appointed by the governor
for a period of four years.
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and he shall be a technically trained forester, and shall have both
a practical and theoretical knowledge of forestry.

3. The State forester, before entering upon the performance
of the duties of his office, shall execute bond to the Commonwealth
with surety or sureties worth at the time not less than twenty
thousand dollars, to be approved by the governor and filed in the
office of the secretary of State, conditioned for the faithful perform-
ance of the duties of his office, upon which, for any breach thereof,
action may be instituted from time to time and recovery had to
the extent of the damage sustained by the Commonwealth or
others. Said bond shall be examined and the sureties approved
by the governor once in each year, and he may at anv time, when
he deems the bond insufficient, require the execution of a new bond
or additional sureties on the old one.

4. The care, management and preservation of the forest re-
serves of the State hereafter to be acquired and established, and
the forests thereon, as well as future growth theron, and all moneys
appropriated in that behalf, or collected therefrom in any way,
and all personal and real property acquired to carry out the objects
of this act, are hereby made subject to the control of the said State
geological commission as the same may be herein or in subsequent
acts defined and required.

Said commission shall observe, keep in view, and, so far as it
can, ascertain the best methods of reforesting, cut-over, and
denuded lands, foresting waste lands, preventing the destruction of
forests by fire, the administering forests on forest principles, the
instruction and encouragement of private owners in preserving and
growing timber for commercial and manufacturing purposes, and
the general conservation of forest tracts around the headwaters
and on the watersheds of all the water courses of the State.

5. Said commission shall have the power to purchase lands in
the name of the State suitable for forest reserves, at a price which
shall not exceed ten dollars per acre, using for such purposes any
surplus money not otherwise appropriated which may be standing
to the credit of the forest reserve fund, and to make and enforce
all rules and regulations governing State reserves, the care and
maintenance thereof, the preventing of trespassing thereon, and
for the conduct of its officers, agents, and employees; and it may
accept gifts of land and money to the State for forestry purposes,
the same to be held, protected, and administered by said commis-
sion as a State forest reserve, and to be used so as to demonstrate
the practical utility of timber culture and as a breeding place for
game. Such gifts must be absolute. except that mineral and
mining rights over and under land which may be donated may be
reserved by the donors, and that they may be subject to a stipula-
tion that the lands shall be administered as State forest reserve,
and the attorney general of the State is directed to see that all
deeds to the State lands mentioned above are properly executed
before the gift is accepted.

6. Before completing the purchase of any land for forestry
purposes, the attorney general of the State shall see to it that a
good title thereto is obtained, and that the deed or deeds therefor
are properly executed before payment is made of the purchase
money.

7. It shall be the duty of said commission to make or cause
to be made a careful investigation of the streams and navigable
rivers within and bordering upon the State, of the methods, means.
and cost of improving the same; of preventing their pollution; of
conserving the water supply thereof; of using the same for the
production of power, and how and in what ways the said streams
and rivers may be made of most value to the State, and to the
people thereof. ;

8. Said commission shall preserve all evidence which it may
take with reference to conserving the forest and the water supply
of the State and the methods best adapted to accomplish those
objects, and it shall make report of its doings, conclusions, and
recommendations to each session of the general assembly, and, from
time to time, publish, in a popular manner, and print for public
distribution, in bulletin or other form, such of its conclusions
and recommendations as may be of immediate public interest.

9. For the purpose of preserving the living and growing
timber and promoting the younger growth on forest reservations,
said commission, upon the recommendation of the State forester,
may cause to be designated and appraised so much of the dead,
matured, or large growth of trees found upon the forest reserva-
tions of the State as may be compatible with the utilization of the
forest thereon, and may sell the same for not less than the appraised
value thereof. When the appraised value of the trees to be sold is
more than one thousand dollars, said commission, before making
sale thereof, shall receive bids therefor, after notice by publica-
tion once a week for four weeks in two newspapers of general
circulation; but said commission shall have the right to reject any
and all bids and to readvertise for bids. The proceeds arising
from the sale of the timber and trees so sold shall be paid into the
State treasury, and shall be held as a special fund for the purchase
of additional lands, and shall be paid out in like manner as money
appropriated for the use of said commission.

10. The said commission is hereby empowered to’ make. and
execute contracts and leases, in the name of the Commonwealth,
for the removal or mining of gas, oil, or any valuable minerals
that may be found in said forestry reservations whenever it shall
be made to appear to said commission that it would be for the best
interest of the Commonwealth to make such disposition of such
gas, oil, or minerals; but before a contract or lease is made the
same shall be approved by the governor of the State, and bids
therefor shall be received after notice by publication once a week
for four weeks in two newspapers of general circulation. The
said commissicn shall have the right to reject any or all bids and
to readvertise for bids. The accepted bidder shall give bond with
good and sufficient surety to the satisfaction of said. commission,
and in such amount as it may fix for the faithful performance on
his part of all the conditions and covenants of said contract or
lease. The proceeds arising from any such contract or lease shall
be paid into the State treasury. to be held and used for the same
purpose as the proceeds from the sale of trees and timber, and be
paid out in like manner.

11. When lands have been acquired by the Commonwealth for
forestry purposes, however the same may have been acquired, they
shall not thereafter be subject to warrant, survey, or patent.

12. The said commission shall keen a full and accurate account
of its receipts and expenditures. and it shall make a full and
accurate and complete report to each session of the general
assembly, showing in detail its receipts from all sourecs and its
expenditures and the purposes for which expenditures have been
made.

Tt shall also have power to employ a civil engineer and surveyor
from time to time, with his necessary assistants, whenever the
necessities of the case may require.

18. Subject to the direction of the said commission, the State
forester shall, whenever he may be directed so to do by the said
commission, co-operate with counties, municipalities, corporations.
and individuals in preparing plans for the protection. manage-
ment, and replacement of trees, wood lots, and timber tracts under
an agreement that the parties obtaining such assistance shall pay
the field and the traveling expenses of the man employed in
preparing said plans.

14. The commission mav establish and maintain a nursery, or
nurseries, for the propagation of forest tree seedlings, either upon
one or more of the forest reservations of the State, or upon such
other land as the said commission may and which it is herebv
empowered to acquire for that purpose. Seedlings from this
nursery shall be furnished to the Commonwealth without exvense
for use upon its forest reservations or other public grounds or
parks. Seeds and seedlings may also be distributed to land owners
and citizens of this Commonwealth under and subject to such rules
and regulations as may be established by said commission.

15. The State forester shall have the supervision and direction
of all forest interests and of all matters pertaining to forestry
within the State; he shall have charge of all forest wardens who
may be appointed by said commission, and the appointment,
direction, and superintendence of the persons and laborers whom
the commission may deem it necessary to employ to perform labor
in the forest reservations or the nurseries herein provided for; he
shall take such action as is authorized by law to prevent and
extinguish forest fires; enforce all laws pertaining to forest and
woodlands; prosecute any violation of such laws; collect informa-
tion relative to forest destruction and conditions; direct the protec-
tion and improvement of all forest reservations; make the investiga-
tion required by section seven of this act with reference to the
streams and navigable rivers within and bordering upon the State,
and report in writing with regard thereto to the said commission;
co-operate with land owners as provided in section eight of this
act; and, as far as his duties as State forester will permit, carry
on an educational course on forestry at the University of Virginia
for credit toward a degree of farmers’ institutes and similar
meetings within the State. He shall also recommend to said
commission and prepare for its use plans for improving the State
system of forest protection, management, and replacement, and
prepare for said commission, annually, and also whenever required
so to do by said commission, a report on the progress and
conditions of State forest work.

16. The State forester shall furnish notice, printed in large
letters on cloth, calling attention to the dangers of forest fires and
to trespass laws and their penalties, and to the rules and regula-
tions of the commission, which notice shall be distributed by the
State forester to forest wardens and posted by them in conspicuous
places upon State forest reserves and along the highways.

17. ‘rhe salary of the State forester shall be fixed by the said
commission, and shall not exceed two thousand dollars per annum,
and he shall be paid reasonable traveling and field expenses
actually incurred in the performance of his official duties.

18. Whenever the State geological commission considers it
necessary, it may apply to the governor to commission such persons
as it may designate to act as forest wardens of this State, to enforce
the forest laws, and, under the direction of the board, to aid in
carrying out the purposes of this act; but they shall be subject to
removal at any time at the pleasure of the State geological commis-
sion. Such wardens shall receive such compensation from time to
time as the State geological commission may allow them for special
services. Forest wardens thus appointed shall, before entering
upon the duties of their office, take the proper official oath before
the clerk of the court of the county in which they reside, after
which they shall, while holding said office, possess and exercise all
the authority and power held and exercised by constables at
common law and under the statutes of this State, so far as arrest-
ing and prosecuting persons for violations of any of the laws or
rules and regulations enacted or made, or to be enacted or made,
for the protection of the State forestry reserves, or for the
protection of the fish and game contained therein, are concerned.

19. It shall be the duty of the forest wardens to enforce all
forest laws of this State; to protect the State forest reserves, and
to see that all rules, regulations and laws are enforced; to report
violations of the law to the State forester; to assist in apprehend-
ing and convicting offenders, and to make an annual report to
him as to forest conditions in their immediate neighborhood. When
any forest warden shall see or have reported to him ‘a forest fire,
it shall be his duty immediately to repair to the scene of the fire
and employ such persons and means as in his judgment seem
expedient and necessary to extinguish said fire. He shall keep an
itemized account of all expenses thus incurred and send such
account immediately to the State forester.

20. The boards of county supervisors of the several counties
of this State are hereby authorized to levy and appropriate money
for purposes of forest protection, improvement, and management;
and said boards shall have recourse under an action at law for
debt against any land owner, individual, or corporation on whose
account they shall be obliged to pay out money for fighting tire 1.
the amount which they shall have expended for such purpose.

21. Whoever violates any rule or regulation for the govern-
ment or use of any State reservation or park, or road or boulevard
traversing the same, shall, for such offense, be punished by a fine
of not less than five dollars nor more than fifty dollars, and if the
person so fined neglects or refuses to pay the same, he shall be
committed to the jail of the county, there to remain until such fine
be paid, but not longer than one day for each and every two dollars
of the fine imposed.

22. Any person or persons who shall kindle fires upon any of
the forestry reservations of this Commonwealth, except in accord-
ance with such rules and regulations as may be prescribed by the
said commission, or who shall cut and remove any timber whatever,
or- who shall do or cause to be done any act that will damage
forest land or timber belonging to the Commonwealth, shall be
guilty of a misdemeanor, and, upon conviction thereof, be subject
to a penalty not exceeding five hundred dollars for each offense
committed, with costs of suit. If the defendant or defendants
neglect or refuse to pay the penalty and costs imposed, he or they
shall be committed to the jail of the county, there to remain until
such penalty and costs are paid, but no longer than one day for
each and every two dollars of the fine and costs imposed.

23. It shall be unlawful for any persons or corporations, as
land owner, to set, or procure another to set, fire to any woods,
brush, logs, leaves, grass, or clearing upon their own land, unless
they have previously taken all possible care and precaution against
the spread of such fire to other lands not their own, by previously
having cut and piled the same, or carefully cleared around the
land which is to be burned, so as to prevent the spread of such
fire. The setting of fire contrary to the provisions of this section,
or allowing it to escape to the injury of adjoining lands, shall be
prima facie proof of wilfulness or neglect, and the land owners
from whose land the fire originated shall be liable in a civil action
for damages for the injury resulting from such fire, and also for
the cost of fighting and extinguishing the same.

24, Logging and railroad locomotives, donkey or threshing
engines, and other engines and boilers, operated in, through or
near forest or brush, which do not burn oil as fuel, shall be
provided with appliances to prevent, as far as may be possible, the
escape of fire and sparks from the smokestacks thereof, and with
devices to prevent, as far as may be possible, the escape of fire
from ash pans and fire boxes. Failure to comply with these require-
ments shall be a misdemeanor, punishable, upon conviction, by a
fine of not less than ten dollars nor more than one hundred dollars
for each and every offense committed.

25. All individuals and corporations causing fires by violation
of any of the provisions of this act shall be liable to the State ont
county in which the fire occurred for all damages the State or the
county may sustain by such fire or fires, and, in addition thereto,
to the full amount of all expenses incurred by the State or county
in fighting or extinguishing said fire.

26. Justices of the peace for this State, in the county wherein
the offense shall have been committed, shall have the jurisdiction
to hear and determine all prosecutions for the purpose of enforcing
fines and penalties collectable under the provisions of this act, not
exceeding the amount of one hundred dollars, and of holding the
offender, under proper bail if necessary, for hearing before the
circuit court, and committing him to the county jail until hearing,
if the required bail is not furnished. It shall be the duty of the
Commonwealth’s attorney of the several counties to prosecute all
violators of this act.

27. All money received as penalties for violations of the
provisions of this act, less the cost of collection and not otherwise
provided for, together with any amount obtained from the State
forestry reserves, shall be paid into the State treasury, to the
credit of the forest reserve fund, which fund is hereby created;
and the moneys in said fund are hereby appropriated for purposes
of forest protection, management, replacement, and extension,
under the direction of the commission.

28. Prior to the meeting of the general assembly of Virginia
in nineteen hundred and sixteen, the commission herein provided
shall organize and put into operation the purposes of this act, and
the expenses incurred by this organization and its operation for
that period of time shall be paid out of the budget of the Univer-
sity of Virginia.

29. The said commission is hereby authorized to arrange with
the United States forestry department in regard to co-operation
in such instances as may be deemed necessary and of advantage to
the State; provided, that in all co-operative work a sum of money
shall be expended by the said United States forestry bureau
equivalent to that expended by the State commission, and that the
said commission may accept or reject the work of the United States
forestry bureau.

30. All laws or parts of laws in conflict with this act are, to
the extent of such conflict, hereby repealed.