CHAP. 305.—An ACT to amend and re-enact an act entitled an act to
create the office of State forester under the direction and control of
the State geological commission, and defining his duties, approved
March 21, 1914, and to make provision for the prevention of fires.

(H. B. 208.)
Approved March 20, 1916.

1. Be it enacted by the general assembly of Virginia, That
an act entitled an act to create the office of State forester under
the direction and control of the State geological commission,
and defining his duties, approved March twenty-first, nineteen
hundred and fourteen, be amended and re-enacted so as to read
as follows:

Section 1. There is hereby created the office of State for-
ester, 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 commission), 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. The said commis
sioners shall serve without compensation, but shall be reim-
pareea for actual expenses incurred in the performance of their
uties

Sec. 2. The State forester shall be appointed by said co
mission, and he shall be a technically trained forester, and sha 1
have both a practical and theoretical knowledge of forestry.

Sec. 3. The care, management and preservation of the
forest reserves of the State hereafter to be acquired and estab-
lished, and the forests thereon, as well as future growth thereon,
and ail moneys appropriated in that behalf, or collected there-
from 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 ‘as required.

Said commission shall observe, keep in view, and so far as
can, ascertain the best methods of reforesting cutover and de-
nuded lands, foresting waste lands, preventing the destruction
of forests by fire, the administering forests on forestry prin-
ciples, the instruction and encouragement of private owners in
preserving and growing timber for commercial and manufac-
turing purposes, and the general conservation of forest tracts
around the headwaters and on the water-sheds of all the water
courses of the State.

Sec. 4. 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 employes; 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 commission as State forest reserves, 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 stipulation that the lands shall be
administered as State forest reserves; and the attorney gen-
eral of the State is directed to see that all deeds to the State
lands mentioned above are properly executed before the gift is
accepted.

Sec. 5. Before completing the purchase of any land for for-
estry 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.

Sec. 6. 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.

Sec. 7. Said commission shall preserve all evidence which
it may take with reference to conserving the forest and 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 con-
clusions and recommendations as may be of immediate public
interest.

sec. 8. For the purpose of preserving the living and grow-
ing timber and promoting the younger growth on forest reser-
vations, 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 for-
est reservations 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 there-
for, after notice by publication 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 re-advertise
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.

Sec. 9. The said commission is hereby empowered to make
and execute contracts and leases, in the name of the Com-
monwealth, for the removal or mining of gas, oil, or any valu-
able 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 con-
tract or lease is made the same shall be approved by the gov-
ernor of the State, and bids therefor shall be received after
notice by publication once a week for four weeks in two news-
papers of general circulation. The said commission shall have
the right to reject any or all bids and to re-advertise 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 pro-
ceeds 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 to be paid
out in like manner.

Sec. 10. When lands have been acquired by the Common-
wealth for forestry purposes, however the same may have been
acquired, they shall not thereafter be subject to warrant, sur-
vey, or patent.

Sec. 11. The said commission shall keep a full and accu-
rate 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 sources
and its expenditures and the purposes for which expenditures
have been made.

It shall also have power to employ a civil engineer and sur-
veyor from time to time, with his necessary assistants, when-
ever the necessities of the case may require.

Sec. 12. Subject to the direction of the said commission,
the State forester shall, whenever he may be directed so to do
by said commission, co-operate with counties, municipalities,
corporations and individuals in preparing plans for the protec-
tion, management and replacement of trees, wood lots and tim-
ber tracts under an agreement that the parties obtaining such
assistance shall pay the field and traveling expenses of the man
employed in preparing said plans.

Sec. 18. The commission may establish and maintain 4
nursery, or nurseries, for the propagation of forest tree seed-
lings, 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 hereby empowered to acquire for that purpose. Seed-
lings from this nursery shall be furnished to the Commonwealth
without expense 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 estab-
lished by said commission.

Sec. 14. 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 information relative to forest destruction and
conditions; direct the protection and improvement of all forest
reservations; make the investigation required by section six 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 thirteen of this act; and,
as far his duties as State forester will permit, carry on an
educational course on forestry at the University of Virginia,
for credit toward a degree, at 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 replace-
ment, and prepare for said commission, annually, and also when-
ever required so to do by said commission, a report on the pro-
gress and conditions of State forest work.

Sec. 15. The State forester shall furnish notices printed
in large letters on cloth, calling attention to the dangers of for-
est fires, and to trespass laws and their penalties, and to the
rules and regulations of the commission, which notice shall be
distr buted by the State fcrester to forest wardens and posted
by them in conspicuous places upon State forest reserves and
along the highways.

Sec. 16. The salary of the State forester shall be fixed
by the said commission, and he shall be paid reasonable travel-
ing and field expenses actually incurred in the performance of
his official duties.

Sec. 17. Whenever the State geological commission con-
siders 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 commission. Such wardens shall receive
such compensation from time to time as the State geological
eommission may allow them for special services. Forest ward-
ens 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
ard power held and exercised by constables at common law
and under the statutes of this State, so far as arresting and
prosecuting persons for violations of any of the forest fire laws
or of any of the laws or rules or regulations enacted or made,
or to be enacted or made, for the protection of the State for-
est»w reserves, or for the protection of the fish and game con-
tained therein, are concerned.

Sec 18. It shall be the duty of the forest wardens to en-
forc@ all forest laws of this State; to protect the State forest
reserves; and to see that all rules, regulations and laws are en-
forced: to report violations of the law to the State forester; to
assisr sn apprehending and convicting offenders, and to ma
an anunal report to him as to forest conditions in their imme-
diate reighborhood. When any forest warden shall see or have
reportet to him a forest fire, it shall be his duty immediately
to renair to the scene of the fire and employ such persons and
means as in his judgment seem expedient and necessary to ex-
tinguish said fire. He shall keep an itemized account of all ex-
penses thus incurred and send such account immediately to the
State forester.

Sec. 19. The board of county supervisors of the several
counties of this State are hereby authorized to levy and appro-
priate money for purposes of fire protection, improvement and
management; and said boards shall have recourse under an ac-
tion at law for debt against any land owner, individual, or cor-
poration on whose account they shall be obliged to pay out money
for fighting fire for the amount which they shall have expended
for such purposes.

Sec. 20. Whoever violates any rule or regulation for the
government or use of any State reservation or park, or road,
or boulevard traversing the same, shall after 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 every two dollars of the fine imposed.

Sec. 21. Any person or persons who shall kindle fire upon
any of the forest reservations of this Commonwealth, except in
accordance with such rules and regulations as may be prescribed
by the said commission, or who shall cut and remove any tim-
ber whatever, or who shall do or cause to be done any act that
will damage forest land or timber belonging to the Common-
wealth, shall be guilty of a misdemeanor, and, upon conviction
thereof, be subject to a penalty not exceeding five hundred dol-
lars for each offense committed, with cost of suit. If the de-
fendant 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.

Sec. 22. It shall be unlawful for any persons or corpora-
tions, 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 care-
fully 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
iniury of adjoining lands, shall be prima facie proof of wil-
fulness 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, and shall be fined not less
than ten dollars nor more than one hundred dollars. or be con-
fined in iail not less than ten days nor more than thirty days;
provided that such fine or imprisonment may, in the discretion
of the justice or jury be waived upon payment for the dam-
ages resulting from such fire and for the cost of fighting and
extinguishing the same.

Sec. 23. Logging and railroad locomotives, donkey or
threshing machines, 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 smoke-
stacks 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 requirements shall be a misdemeanor, pun-
ishable, upon conviction, by a fine of not less than ten dollars
nor more than one hundred dollars for each and every offense
committed.

Sec. 24. All individuals and corporations causing fires by
violation of any of the provisions of this act shall be liable to
the State or county in which the fire occurred for all damages
the State or 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.

Sec. 25. 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 pur-
pose of enforcing fines and penalties collectible under the provi-
sions of this act, not exceeding the amount of one hundred dol-
lars, 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 sev-
eral counties to prosecute all violators of this act.

Sec. 26. All money received as penalties from 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.