5GG J'^^'" '>^i^ VCUM^ , Stcdutu ^ M5A5 Laws of New Jersey relating to Forestry 1915 [.r.«"»«»«»«'»• begin upon the day of their appointment, and continue for the respective periods of three, four and five years, from the first day of January next succeeding such ap- pointment, the terms of the said appointees to be desig- nated in their respective appointments. All other ap- pointments except to fill vacancies shall be made to take effect upon the first day of January of each year, for a full term of five years. Any vacancy occurring in the membership of vacancies. any commission, by reason of the death, resignation, or removal of any commissioner, shall be filled, for the unexpired term, by the authority making the original appointment. (P. L. 1915, p. 589.) 4. In all municipalities, other than those referred to in section two hereof, a shade tree commission shall organize within thirty days after the appointment of its total membership, for organization. the remainder of the then current year, and thereafter annually, by the election of one of its members as president, and the appointment of a secre- tary, who need not be a member of the commission. The compensation of the Compensation of secretary and of all other employees, «**"Pioy^«- shall be fixed by the commission. (P. L. 1915, p. 589.) 5. A shade tree commission under this act shall have power: (a) To exercise full, sole, and exclusive control over the regulation, Powers of planting and care of shade and ornamental ««"»«»'««*««• trees and shrubbery now situate, or which may here- after be planted in or upon any public highway, park, or parkway, except county parks or parkways, of the mu- nicipality for which it is created, including the planting, trimming, spraying, care, and protection of the same for the public good; the right to regulate and control the use of the ground surrounding the same, so far as may be necessary for their proper growth, care, and protection; the right to remove, or require the removal of, any tree, or part thereof, dangerous to public safety, 18 Shade Teees. at the expense of the owner of such tree; and the right to care for and control such parks and parkways: (b) To encourage arboriculture: (c) To make, alter, amend, and repeal, in the manner prescribed for the passage, alteration, amendment, and repeal of ordinances by the legislative body of the said municipality, any and all rules and regulations necessary or proper for carrying out the provisions of this act, and such shade tree com- mission may enter into a contract with the owner of any real estate in said city to supply material and labor for the purpose of planting trees, grass, flowers or shrubbery, and to charge the actual cost thereof to such owner; after such material or labor is supplied, the said commission shall certify the actual cost thereof to the collector of taxes and the sum so certified shall be col- lected by said collector as other taxes on real property are collected in such municipality. (P. L. 1915, p. 589.) 6. A copy of any rule, rules, regulation, or regula- Certifled copies tions of any shade tree commission, cer- of rules, etc., intified to under the hand of the president evidence. ^^ Secretary of the said commission, ■shall be taken in any court of this State as full and legal prima facie proof of the due passage and existence of such rule, rules, regulation, or regulations. A violation of any such rule or regulation shall be a Penalty for misdemeanor and shall be punishable by violations. ^ , jxi.jjj a fine, not exceeding two hundred and fifty dollars, or imprisonment for a term, not exceed- ing ninety days, or both. (P. L. 191 5, p. 590.) 7. All moneys collected in any municipality, either as fines or penalties, for any violation of a ^Disposition of rule or regulation of a shade tree corn- pen les. mission, or as a charge against real property, under any provision of this act, shall be forth- with paid over to the municipal officer empowered to be custodian of the funds of such municipality; shall be placed to the credit of the shade tree commission of such municipality, and shall be subject to be drawn upon by such commission for the conduct of its work. (P. L. 1915, p. 590.) 8. Except as hereinafter provided, the initial cost of Shade Trees. 19 all trees planted by the commission, the cost of planting the same, the cost of the ^^c ** J' ^fj®®^' posts and boxes or guards used for the ^on property?* protection of the same, and the cost of the removal of any tree dangerous to public safety shall be a charge upon the real property in front of which such tree or trees shall be planted or removed as an improvement thereof. Such cost, unless paid directly to the shade tree commis- Cost a lien. sion, shall be certified by the commission to the collector of taxes of the municipality, shall there- upon become and be a lien upon said property, shall be included in the next tax bill rendered to the owner or owners theeof, and shall be collected in the same man- ner as other taxes against said property. The provisions of this section shall not apply to: (a) A planting to replace a tree or trees theretofore planted by the commission. Exceptions. (b) A planting in connection with Arbor Day exercises or other educational demonstration. (P. L. 1915, p. 591.) 9. Except as herein provided, in all cases where the property of an abutting owner would be chargeable under the provisions of this^<**^«® o^ piant- , ='.,, 4. r J.I i^ r xu 1 J. mff or removal. act with any part of the cost of the plant- ing or removal of any shade tree, in any highway, the shade tree commission shall give notice of the meeting at which it will decide upon such planting or removal, requesting all persons who may object thereto to present their objections in Notice to hear writing at the office of the shade tree com- ** ^^^ *"°^' mission in such municipality at or before the said meet- ing, and at said meeting shall consider all objections which may have been so filed. Said notice of intention shall specify the street, or streets, or por- specifications tions of streets, in which it is proposed to set forth in do such planting or removal, and shall be notice. advertised at least once in a newspaper circulating in said municipality, at least twenty days before the said meeting, or it may be served personally at least tin days before said meeting upon any owner of real prop- erty in front of whose property it is proposed to plant or remove a tree or trees. The provisions of this 20 Shade Trees. section shall not apply to the following: ^1S Ay."**' (a) A planting at the request of an abut- ting owner, who shall agree in advance to pay the cost thereof, (b) The removal of a tree considered by the commission dangerous to public safety. Such notice of such proposed removal as the commission may deem practicable shall be given to the abutting owner unless, in the opinion of the commis- sion, immediate removal be necessary for public safety. (P. L. 1915, p. 591.) 10. Each year, at least thirty days before the date fixed by law for the certification by the Aunuai estimate clerk or other officer of the taxing dis- to be furnisnea. , . . . ,, ,, r r ±t trict to the assessor thereof of the amount of tax to be raised for the purposes of said district, every shade tree commission shall certify to the body having control of the finances of its municipality the estimated sum, over and above any balance remaining in its hands or standing to its credit, necessary for the proper conduct of its work during the ensuing fiscal year. If the amount certified by the Money to be commission does not exceed one-tenth of ^'**^* ' one mill on the dollar of assessed valua- tion of all taxable property of the municipality, the said body shall include and cause the same to be certified to the assessor as part of the amount to be raised by taxes for the purposes of said municipality. If the said esti- mated sum exceeds one-tenth of one mill on the dollar of assessed valuation, the said body shall include and cause to be so certified such part of said estimated sum not less than one-tenth of one mill on the dollar of said Sum placed to assessed valuation as it may deem proper. credit^ of com- All Sums SO certified by any governing mission. body Shall be, in regular course, appro- priated for, placed to the credit of, and be subject to be drawn upon by the said shade tree commission for the purposes of its work. (P. L. I9l5, p. 592.) 11. No statute giving any individual or State or municipal board, body or official power street improve- or authority to lay any sidewalk along, or ments not to m-. i. x u jure trees. to Open, Construct, curb or pave any street, or do any like act, shall be held Shade Tbees. 21 or construed to permit or authorize any interference 7an\.nl o"f^"f?^ \ \ ^'^^"^^^ '^^^^ ^'^^ ^^thout the consent of the shade tree commission within whose jurisdiction such tree shall Shade tree comr- be located; provided, that in all cases "^"oSer^r* such commission shall reasonably co- *^ *****'***• operate with such individual, board, body or official for the general public good; and provided, Turther, that nothing herein containedi^o^ers of county shall be held to take away or diminish any^^^Jt *'X'Sld"'* of the powers or authority of any ^«<'t«d- county park commission over the trees or shrubberv in tTeiv^an'^'oYh' "' P'^'"^^ ^^^^^" ''' jurisd^ctiojf or .nfhn A ^ -?u^^' commission or board any powe^ or (P L /91T, p. 59'2'r' '"^ '"'' '''" or Shrubbery' n.f^Vi!!''^^'"! ^^''^^" contained shall operate to termi- nate the existence of any existing shade tree commission in any municipality, orExisting commis- the term of office of any member thereof ^***'*® continued. and every such existing commission shall, immediately upon this act taking effect, be deemed to exisTby vfrtue tL^. f*' promded, that upon the expiration of the terms of such commissioners their successors shall be appointed so as to constitute a commission of three members under this act. Such existing commission shall exercise all of the duties and have all of the powers of a commission ap- Duties and pointed and organized hereunder, shall powers. rnii^^^'^J'* ^"^ f'l ""^ *^^ provisions hereof, and all the rules and regulations of such existing shade tree com- mission, not inconsistent herewith, shall be in full force and effect as if made under the provisions of this act. All funds collected or assessed, or in progress of collection, by any existing park or shade tree commission, except a county com- Funds, works, mission, for shade tree purposes, and all ^^^ *Jon«nn^ contracts made by, or obligations due to ^^'^^'^^ed- any existing shade tree commission, are hereby con- tinued and transferred to a commission of the same municipality when appointed and organized under this act, and shall not lapse or be prejudiced hereby 22 Shade Trees. All employees of any existing shade ?JI^?-l?jr^* tree commission shall be continued and contmuea. . r ^ , • . r j.i transferred to a commission of the same municipality when appointed and organized under the provisions of this act, and the status and tenure of employment of such employees shall not ^affected*** lapse or be prejudiced or affected by reason of such substitution of a com- mission appointed and organized hereunder in the place and stead of a commission formerly existing. (P. L. 1915, p. 593.) 13. All provisions of this act, with respect to a shade Act appUcabie to*^^^ commission, shall be deemed and park commis- taken as applicable to a park or parkway sions. commission, exercising the powers and discharging the duties of a shade tree commission under the provisions of section two of this act. (P. L. 1915, p. 594.) 14. Nothing in this act contained shall be construed to make any shade tree commission re- No liabmty for sponsible for the death or injury of any deatn or injury. p^j.^^^^^ ^^ ^^^ ^^ .^^^^^ ^^ ^^^ property or highway tree or shrub. (P. L. I9l5, p. 594.) 15. If any clause, sentence, paragraph, part, or pro- vision of this act shall, for any reason, be adjudged by any court of competent jurisdiction to be As to constitu-jnyaiid, such judgment shall not affect, tionaiity of act. j^p^j^.^ ^^ invalidate the remainder of this act, but shall be confined in its operation to the clause, sentence, paragraph, part, or provision directly in- volved in the controversy in which such judgment shall have been rendered. (P. L. 1915, p. 594.) Law Prohibiting Hitching Horses to Shade Trees. From An Act providing for the regulation of vehicles, animals and pedestrians on all public roads, etc. Approved April 6, 1915. (Ch. l56.) Sec. 11. (18) No horse shall be hitched or fastened to any pole carrying wires of any description, nor to any public lamp post or pole, nor to any shade tree or Shade Trees on Public Roads. 23 its protecting box or casing, nor to any water hydrant in any street. (P. L. 19l5, p. 295.) Note: This law applies only in places where the houses are on an average of less than one hundred feet apart. Penalty; for a first offense a fine not ex- ceeding $2S, or not over 10 days in jail: for each additional offense a fine not exceeding $50. or not over 20 days in jail. (P. L. I9l5, p. 304.) SHADE TREES ON PUBUC ROADS. From An Act to provide for the permanent improve- ment and maintenance of public roads in this State. (Revision of 1912.) Approved April l5, 1912. (Ch. 395.) Section 4, paragraph 1. (As amended April 9, 1913. (Ch. 317.) ) The road improvement contemplated under this act shall include the construction of the road and its intersections with other public roads, the res- toration or construction, as herein provided of proper and adequate entrances to properties, the building of any essential walls in cuts or for slopes, and of all necessary facilities for drainage in im- provement aforesaid, also the planting ***y p^^^u^^^ of shade trees, such works as may be trees. necessary to preserve existing shade trees. (P. L. 1913, p. 643.) Sec. 29. (As amended April 9, 1913, (Ch. 317.) When a road plan involving the treatment of trees or forests abutting upon any road improved under an act bearing a title similar to this act or under this act is to be made, the State Commissioner of Public Roads shall notify the State Board of Forest Park Reservation Commissioners, which shall£o-**P^'^*i5'V. **^ . , J 1 1 jtween Road Com- cause to be prepared such plans and missioner and specifications as shall be necessary for *'o*"est,Commis- the completion of said treatment, the cost ^***"* of which shall be taken as part of the cost of the road. In all that relates to the choice, planting or care of trees, the decision of the Forest Park Reservation Com- 24 Forest Fires. mission shall be final. In all that affects the location of trees, or the influence upon the road, the decision of the State Commissioner of Public Roads shall be final. If the State Commissioner of Public Roads and a local governing body having authority in re- in .case o^ spect to roadside trees shall be unable to ispu e. agree regarding the removal or treatment of any tree standing within the line of any road to be improved, according to this act, the two interests shall submit the case to the Forest Park Reservation Com- mission, and its decision shall be final and binding upon all parties. (P. L. 1913, p. 648.) FOREST FIRE LAWS. General Forest Fire Act Kn Act for the appointment of firewardens, the preven- tion of forest fires and the repeal of sundry acts relating thereto. Approved April 18, 1906. (Ch. 123.) (2 Comp. Stat., pp. 2332-2339) Sec. 1. (As amended March 15, 1911, Ch. 36.) State and divi- The State Forest Park Reservation Com- 8io» fl'"®^*'- mission shall have power to appoint a deoB. state firewarden, and not more than six division firewardens, and to fix their salaries. Each shall give his whole time to the forest fire service and shall hold office during the pleasure of the commission. ^ ff- • « Members of said commission and such of wrrdenr*^ its ofl^cers as it may designate shall be ; " fx-officio firewardens, but shall receive no compensation in virtue thereof. (P. L. 1911, p. 52.) Forest Fires. 25 Sec. 2. (As amended April 13, 1908. Ch. 213.) The township committee (see p. 3 7), or governing body of every township in '^^^rd^enj^ this State shall, within thirty days after receiving notice in writing from the State Board of Forest Park Reservation Commissioners, ap- point some suitable person to act as township fire- warden for the entire township, or such part thereof as said commission shall determine, for a term of one year and until his successor shall have been appointed, and on failure so to do, the State Board of Forest Park Reservation Commissioners shall make such appoint- ment. Such appointment, when accepted, shall be promptly certified to the State Firewarden. The person so appointed may be summarily removed by said commission. If any person so ap- ««mova . pointed is so removed, said commission shall promptly notify the governing body making such appointment, and said governing body shall, at its next meeting, fill the vacancy for the unexpired term; provided, no person so removed by said commission shall be eligible for reappointment within one year pohitmSt. from the date of said removal. When re- quired by the State Firewarden, the township firewarden shall establish two or more districts for ^. ^^ ^ -^ the township for which he is appointed, wardens!*' and shall appoint suitable persons as district firewardens; provided, however, no district fire- warden shall be appointed for the district in which the township firewarden lives. J^!!]?^™5^« . , 1 . r' J 1 ti 1 district warden Any township firewarden shall have power shau not serve to designate one or more proper persons Bame territory. to act as deputy or deputies in case of his absence or disability from any cause. He shall file with the State Firewarden, and with the town- ship committee, the names and addresses ^SalSeM^ of all district firewardens and deputies appointed by him, and shall specify the districts to which they are assigned. (P. L. 1908, p. 422.) Sec. 3. (As amended March 15, 1911. Ch. 36.) The State Firewarden and division fire- Powers and wardens shall have all the powers herein duties of state granted to the township firewardens. »i»d division Under the direction of said commission firewardens. 26 Forest Fires. the State Firewarden shall administer the forest fire service. Division firewardens shall perform such ser- vice and have such authority as shall be determined by the State Firewarden. (P. L. 1911, p. 52.) Sec. 4. (As amended March 15, 1911. Ch. 36.) Powers and Township and district firewardens shall duties of town- enforce all statutes of this State now in ship and dis- force, or that may hereinafter be en- ward^g" acted for the protection of forest and timber land from fire, and shall carry out the directions of the State Firewarden or division firewardens regarding the prevention and extinguishing of forest fires. They shall have control and direction of ail persons and apparatus engaged in extinguishing forest fires. They may plow land, or, in an emer- -_ gency, set back fires to check any fire. May sonunon ~, , , assistance. They may summon any male person be- tween the ages of eighteen years and fifty years who may live or be within the jurisdiction of such firewardens to assist in extinguishing fires, and may also require the use of horses and other property needed for such purpose. Any person so summoned who is physically able, who refuses or neglects to assist, or to allow the use of horses, wagons or other material required, shall be liable to a penalty of Penalty. ^^^ dollars. If, in the judgment of a fire- warden, a forest fire in an adjoining township shall im- peril the safety of any property in his own township, he . . may, with assistants summoned as afore- adjoining ^dis- ^a^^» ^^^^ s^c^ measures to extinguish trict. the fire, or to prevent its spread, as he would take were it in his own munici- pality; provided, that if any firewarden of the township in which the fire is located be present at the fire, all work shall be done under his direction. If the State firewarden or any division firewarden be present at any fire he shall ex-officio have complete control. When a serious fire occurs the State firewarden or any division firewarden . may summon to his aid firewardens from Serious fires, surrounding townships with their as- sistants, and in such case the State shall bear the whole expense of paying the firewardens and assistants who reside in townships which were not threatened. In Forest Fires. 27 every other case in which a fire is fought by men from two or more townships the ni^t**of**c°8t. cost shall be apportioned by the State fire- warden among the townships in which the fire burned, or which were directly threatened. If any township shall fail to appoint a firewarden when directed by the Forest Commission to do i*»y ot helpers so, as provided by section two of this act, "^^rTser^ce^f or shall fail to make an appropria- not maintained. tion sufficient to pay its share of the fire- warden's salary and bills incurred in fighting fires, as- sistance may be summoned by any firewarden as pro- vided in this act, and any person so summoned shall re- ceive for his services only the amount that the State would pay as its share under section six of this act. Bills for this service shall be rendered by the fire- warden in charge of the fire directly to the Forest Com- mission, and shall be paid as are other bills of said com- mission. No action for trespass shall lie against any per- son crossing or working upon lands of another to ex- tinguish fire. (P. L. 1911, p. 53.) Sec. 5. The State Board of Forest Park Reservation Commissioners shall have power, from time to time to prescribe such other ^^ar^enj"*" duties and to make such regulations gov- erning firewardens for the prevention, fighting and ex- tinguishment of forest fires, as in their judgment shall be efficacious for that purpose. They may purchase and distribute to firewardens such material and equipment as they may deem necessary for carrying out the pro- visions of this act. The State firewarden shall be cus- todian of and responsible for all such material and equipment, under such rules as said commission may prescribe. (P. L. 1906, p. 223.) Sec. 6. (As amended April 17, 19H. Ch. 2i7.) Township and district firewardens and helpers shall be paid at the following e^?T;o'^fion. rates, unless other rates shall be fixed by the township committee or other governing body, and notice thereof filed with the State Firewarden. Each township firewarden shall be paid at the rate of twenty 28 Forest Fires. dollars a year, and each district firewarden, appointed as provided in Section 2 as amended, at the rate of ten dollars a year. Said sums shall be paid in lieu of all allowances for making reports, for postage, for posting fire-warning notices, and for issuing permits. For spe- cial services in investigating fires and the causes thereof, or for any service required by the State Firewarden, and for all time in fire fighting, firewardens and their helpers shall be paid at the following rates: Firewardens, while engaged in fighting fires, two dol- lars for five hours or less, and thirty cents per hour thereafter. Firewardens, while otherwise employed, twenty-five cents per hour. Helpers, fighting fire, one dollar for five hours or less, and twenty cents per hour for more than five hours. Helpers, on patrol or employed otherwise than fight- ing fire, twenty cents per hour. Firewardens shall render to the governing body of the township in which the service was BiUs. rendered, a statement of the services ren- dered by them and by the men, teams and other ap- paratus employed by them as provided in this act, within ten days of the date of such service, which said bill shall show in detail the amount and character of the service performed, the exact duration thereof, the name of each person employed, and all disbursements made by said firewarden. When properly verified, said bill shall be paid in such manner, and by such oflicial, as other bills of said township are paid. A certified copy of each bill paid in accordance with this section, with evidence of payment, shall be made on a blank provided by the Forest Commission, and filed with the State Fire- warden within ninety days of the date upon which the service was rendered. Failure to do this shall act as a waiver of all claim upon the State for reimbursement as provided in this section or for a share of penalties as provided in section twelve, as amended, of the act which this act amends. Upon the approval of said bill by the State Board of Forest Park Reservation Commissioners, one-half of the amount shall be repaid said township by the State Treasurer upon warrant of the State Comp- troller; provided, however, the State shall pay the entire Forest Fires. 29 cost of extinguishing fires originating on and restricted to State forest reservations. ^^%,Vt/^ Such bills shall not be presented to the township committee but certified to the State Firewarden diicctly; and provided, further, that in no case shall the State's share of any bill be based upon a higher rate for services than as fixed above. (P. L. 1914, p. 510.) Sec. 7. (As amended April 13, 1908. Ch. 213.) The firewarden of the township in which a fire occurs shall within ten days Reports. make such report thereof to the Sitate Firewarden as may be prescribed by the State Board of Forest Park Reservation Commissioners. Each district warden shall report promptly any fire in his district' to the township firewarden. (P. L. 1908, p. 425.) Sec. 8. The town and district firewardens shall post such notices concerning forest fires as the State firewarden may prepare, and *^e n«"ce». any person who shall willfully or maliciously tear down or destroy any such notice, shall be liable to a fine of ten dollars. (P. L. 1906, p. 225.) Sec. 9. (As amended April 17, 191^. Ch. 2U7.) In any township or part thereof for which firewardens have been appointed under the pro- visions of this act, no person shall set permits to bum fire to or cause to be burned waste, brush, etc. fallows, stumps, logs, brush, dry grass, fallen timber or anything that may cause a forest fire unless the written permission of the State Fire- warden, or a division firewarden, or of the township or district firewarden of the township or district in which such fire is set has been first obtained. Such permission shall not be granted by any firewarden if, in his opinion, any forest or woodland will be endangered thereby, nor shall such permission, if granted, relieve or exonerate any person from any penalties under this act, in case, by reason of such fire, any forest, brushland or wood- land be burned; provided, however, permits shall not be necessary for burning said materials when „ ,* * the fire is set in a public road, garden re™ui^ed. or plowed field at a distance of not less than two hundred feet from any woodland, brushland, or field containing dry grass or other inflammable material 30 Forest Fires. from which fire may be transmitted to any forestland, brushland or wasteland. (P. L. 1914, p. 512.) Sec. 10. AH persons who shall burn any pit of char- coal, or set fire to or burn any brush, ^*wlt™h^.^ grass or other material whereby any prop- erty may be endangered or destroyed, shall keep and maintain a careful and competent watch- man in charge of said pit, brush or other material while burning. (P. L. 1906, p. 225.) Sec. 11. (As amended March 15, 1911. Ch. 36.) No person shall set fire to or burn, or esT^forbidden.' cause to be burned, any wasteland, brush- land, or forestland, but nothing in this sec- tion shall be interpreted to forbid any person from setting a backfire, or ground fire, or a surface fire, upon his Backfiring ai- own property to protect the same; pro- lowed on own vided, however, if such fire be permitted property only, to escape, or does escape, to adjoining property, then the person setting such fire, or causing it to be set, shall be deemed to have violated the pro- visions of this section. Any firewarden, A firewarden however, shall have the power to set, or '"*'' *lre* direct to be set, any backfire. In any township in which a fire service is estab- lished any person who shall find a fire burning in the forest, or where forest is endangered, muBt^not be ^^^^' immediately extinguish the same, or ignored. being unable so to do, shall notifiy a fire- warden. (P. L. 1911, p. 56.) Sec. 12. (As amended March 15, 1911. Ch. 36.) Eveiy person who shall violate any of the provisions of this act, and every person who shall Penalties. obstruct or in anywise interfere with any firewarden, his deputies and as- sistants, in the performance of any duty under this act, shall be liable to a penalty of not less than fifty dollars nor more than two hundred dollars, except as otherwise provided in this act; provided, however, Forest commi»- that where there are mitigating circum- du^e "Senaity" Stances the Forest Commission may, in its discretion, permit the person or persons who may have violated the law to pay the cost of extinguishing the fire, or other expense incurred, or Forest Fires. 31 such part thereof, or such sum less than the minimum fine herein imposed, at such time and in such manner as said commission shall determine. Such payment when finally made shall relieve the person or persons making it of the penalty for such violation imposed by this act. All payments on account of penalties under this act shall be made to the executive officer of the Forest Commission, who shall promptly disburse the same in such manner as will relieve iiv equal degree the township, or townships, concerned and the State of the expense incurred. If a penalty paid shall exceed the costs in any case the excess shall be paid to the treas- urer of the township in which the fire, or other viola« tion of law, occurred. Any firewarden, or deputy acting in the absence or disability of a firewarden, Firewardens may arrest, without warrant, any person „^u^„f'^!l J , , , . . . 1 . , . witnout war- or persons taken by him in the act of vio- rant. lating any of the provisions of this act, and shall pro- ceed against such person or persons in the manner pre- scribed by this act. (P. L. 1911, p. 56.) Sec. 13. (As amended April 17, 191J^. Ch. 247.) Every district court in any city or judicial district of any county, and every justice of the peace in any city or county, and every po- lice justice or recorder in any city or Magistrate may other municipality, is hereby empowered, issue process. on complaint under oath or affirmation made according to law that any person or persons has or have violated any of the provisions of this act, to issue process, in the name of the State Board of Forest Park Reservation Commissioners, as prosecutor, for the use of the State of New Jersey. Said oath or affirma- tion, if made by a firewarden, or by a member or officer of the said commission, may be upon information or belief. Said process shall be in the nature of either a summons or warrant Process. against the person or persons so charged; when in the nature of a warrant, it shall be returnable forthwith, but before any warrant shall issue out of any district court the judge thereof shall endorse upon the complaint an order in the following or similar words: "Let the war- rant issue in this case." To which said judge shall sign his name; and when in the nature of a summons, it 32 Forest Fires. shall be returnable in not less than one or more than ten entire days. Such process shall state what section of the law is alleged to have been violated by the de- fendant or defendants; and on the return thereof, or at any time to which the trial shall have been adjourned, the said district court, justice of the peace, police jus- tice or recorder shall proceed to hear the testimony, and to determine and give judgment in jndffment. ^^^ matter, without the filing of any pleadings, either for the prosecutor for the recovery of such penalty with costs, or for the defendant or de- fendants. If such judgment be for the prosecutor as aforesaid, it shall be in the following or similar form: _ - . ^ "State of New Jersey, county of , ""ment? ss: Be it remembered that on this day of , in the year of our Lord nineteen hundred , at , in said county, C. D., defendant, was, by the district court of the city of T. (or by me, E. F., justice of the peace, police justice or recorder of the city of , or as the case may be), convicted of violating the section of the Act of the Legislature of New Jersey entitled 'An act for the appointment of firewardens, the prevention of forest fires, and the repeal of sundry acts relating thereto,' ap- proved the day of , anno Domini, nine- teen hundred , in a summary proceeding, at the suit of the State Board of Forest Park Reservation Com- missioners, as prosecutor; and further, that the witnesses in said proceeding who testified for the prosecutor were (name them); and the witnesses who testified for the defendant were (name them) ; wherefore the said court (or justice of the peace, police justice or recorder, as the case may be) doth hereby give judgment that the prosecutor recover of the defendant dollars pen- alty and dollars costs of this proceeding, and that execution do issue against the goods and chattels of said defendant for the amount of said penalty and costs, and for want of sufficient goods and chattels whereon to levy and make the same, to take the body of the defen- ^ _, X dant and convey him to the common jail Imprisonment, ^f the county and deliver him to the keeper thereof, to be there confined until the said pen- alty and costs be fully paid, or until he be thence deliv- Forest Fires. 33 ered by due course of law." Said judgment shall be signed by the judge of the district court, justice of the peace, police justice or recorder giving the same. (P. L. 1914, p. 512.) Sec. 14. If either the prosecutor or the defendant or defendants be dissatisfied with any Appeal to court judgment given under the provisions of the of common thirteenth section of this act, the dis- pleas. satisfied party may appeal to the Court of Common Pieas of the county in which the judgment appealed from shall have been rendered, which appeal shall be taken by filing with the court, justice of the peace or recorder who gave the judgment, a notice of such appeal, signed by the appealing party, or his, her or their agent; pro- vided, however, that no appeal shall be al- lowed to or taken by any defendant from P'o'^'iso- any judgment against such defendant unless, with said notice of appeal, such defendant shall also file a bond, with at least one sufficient surety to be ap- proved by the court, justice of the peace, ^""^^ ^*®^; or recorder who shall have given the judgment, in double the amount of the judgment, and conditioned that the appellant or appellants shall appear and prosecute the appeal in said court of common pleas, shall stand to and abide the judgment of said court of common pleas, and shall pay such costs as shall be taxed against the appellant or appellants, if the judgment ap- pealed from be affirmed. The court, justice of the peace or recorder who shall gent*to*cotu-t. have given the judgment appealed from shall send a transcript of the proceedings and judgment and said notice of appeal, together with any bond that may have been filed under the provisions of this sec- tion above contained, to the clerk of the court of com- mon pleas to which the appeal is taken on or before the first day of the term of said court next ensuing such appeal. In any case of appeal by a defendant after exe- cution shall have been issued, the court of common pleas to which the appeal is taken, upon receiving sat- isfactory proof that the notice of appeal above men- tioned has been filed with the court, justice of the peace or recorder who gave the judgment, and upon filing with the clerk of the court of common pleas to which 34 Forest Fires. the appeal is taken, such bond as aforesaid, to be ap- proved by said court of common pleas, execution. ^^y ^^^y ^^^ execution until the further order of said last-mentioned court, a rule to which effect shall be entered in the minutes of the said last-mentioned court, and a copy thereof, certified by the clerk of said last-mentioned court, shall be served on the constable in whose hands the execution may be. The said court of common pleas shall proceed to hear and determine such appeal in the same way and man- ner as said case was heard by such district court, justice of the peace, police justice or recorder. (P. L. 1906, p. 227.) Sec. 15. (As amended April 17, 19H. Ch. 2U7.) In case judgment as aforesaid shall be rer.dered against Execution any defendant, in any such proceedings granted by as aforesaid, execution shall thereupon be magistrate. granted by the court, justice of the peace, police justice or recorder giving the judgment, command- ing the officer to whom the execution is delivered to levy and make the amount of the penalty and costs imposed by the judgment out of the goods and chattels of the defendant, and for want of sufficient goods and chattels whereon to levy and make the same, to take the body of the defendant and convey him to the common jail of the county and deliver him to the keeper thereof, to be there confined until the said penalty and costs be fully paid, or until he be discharged by the justice of the peace, district or police magistrate, by whose authority said execution was issued, or by one of the justices of the Supreme Court, when such court, justice of the peace, police magistrate or police court justice, shall be satisfied that further confinement will not result in the payment of the judgment and costs. Any such defen- dant shall after such discharge, continue liable to the payment of said judgment and costs. Any dock^ed. judgment recovered under this act may be docketed in the office of the clerk of the Court of Common Pleas of the county, in which such judgment shall have been obtained. Such docketing shall be in the manner provided by an act entitled "An act concerning District Courts" (Revision of 1898), ap- proved June fourteenth, one thousand eight hundred Forest Fires. 35 and ninety-eight, which said judgment, when so docketed as aforesaid, shall have a like effect and may be collected in the same manner as judgments recovered in district courts, docketed by virtue of the provisions of the act above mentioned. The said court, justice of the peace, police justice or recorder is hereby further empowered either before or after the issuance of such execution, to cause any such defendant, who may refuse or neglect to pay the amount of the judgment entered against him, and all of the costs or charges incident thereto, unless an appeal is granted, to be committed to the county jail for any period not ex- i°»pn«oiunent. ceeding ninety days. (P. L. 1914, p. 514.) Sec. 16. (As amended April 17, 191Jt. Ch. 2^7.) The officers to serve and execute any process or execution as afore- Executions. said shall be the sheriff or any constable of the county, and, within the jurisdiction of any district court, shall include the sergeant-at-arms there- of, v>'hich service and execution shall in all cases be made in the same manner and under the same liabilities that other processes and executions issued out of the district court of this State are served and executed under and by virtue of the provisions of the act entitled "An act con- cerning district courts," approved June fourteenth, in the year one thousand eight hundred and ninety-eight, and the acts supplemental thereto and amendatory there- of. The costs taxable and recoverable in any case prose- cuted as aforesaid shall be the costs allowed by the act last above mentioned in cases prosecuted in district courts. The penalty recoverable in any such action shall be paid to the prosecutor therein, who shall disburse it as provided in section twelve of this act. The judge of the district court, justice of C the peace, police justice or recorder be- fore whom any case is prosecuted under the provision of this act may adjourn the hearing thereof from time to time and, in any case where a warrant shall have been issued, may require the defendant to enter into a bond with sufficient surety to the plaintiff in the penal sum of two hundred dollars, conditioned to appear at the time and place of the hearing or trial, and in default of such bond, may commit the defendant to the common 36 Forest Fires. jaii of the county, to be there detained until the hearing or trial of the complaint; and if any defendant shall fail to appear at the time and place to which the hearing or trial shall be so adjourned, the bond shall be delivered to the prosecutor, who may sue thereon, and all moneys recovered in such suit shall be paid by the prosecutor into the State treasury. Any prosecution brought in accordance with the provisions of this act, for violation of any of its provisions, may be brought within two years next after the date of the commission of said violation, and not afterward. In prosecutions under this act no Prosecutions proceedings shall be invalidated because within two years. of informality in the complaint or war- rant, or because of any defect in said proceedings or in the complaint or warrant or other papers therein, which does not substantially prejudice the rights of the de- fendant therein. (P. L. 1914, p. 5 16.) Sec. 17. * * * All expenses incurred by the State For- est Park Reservation Commission in carrying out the pro- Payment of visions of this act shall be paid by the Expenses. State Treasurer, on warrant of the Comp- troller, upon vouchers duly approved by the commission; provided, however, such sums shall not exceed the amount annually appropriated therefor by the Legislature. (P. L. 1906, p. 230.) Sec. 18. Acts and parts of acts repealed. SUPPLEMENTARY ACTS. Chapter 9, 1907. Approved March 14, 1907. (2 Comp. Stat., pp. 2332 and 2338.) Sec. 1. The State Board of Forest Park Reservation g . J „ Com.missioners may include parts of sev- districts.'* ^^^1 townships in a single fire district and appoint a firewarden thereof, and the ser- vices of and expenses incurred by said warden shall be paid as provided in the act to which this act is a sup- plement, jointly by the State and by the township in which they were incurred. If such fire district shall in- clude the right-of-way of any railroad company and the land adjacent thereto, the board may make such ar- Forest Fires. 37 rangements with said railroad company regarding com- pensation and expenses of such firewarden as it may deem best; provided, however, in no case • "•": shall the State pay a larger proportion Expense limited of such expense than it would pay if such agreement were not made. (P. L. 1907, p. 21.) Sec. 2. Wherever the word "township" is used in the act to which this act is a supplement, the said word shall be taken to mean and in- defined.** elude a city, town, borough and village as well as a township. (P. L. 1907, p. 21.) Chapter 61, 1915, Approved March 17, 19l5. Sec. 1. The owner of any woodlands, or the lessee thereof, or any contractor or employee deriving au- thority from the owner of such woodlands, or any per- son doing public work in or upon su*ch woodlands, who shall permit or suffer the accumulation «,.„_.„ r , ^, . , ,.,- r Allowmg accu- of brush or tree-tops, or any litter from muiation of felled trees, to lie or be upon such wood- woods litter a lands to such an extent or in such nuisance. manner as to facilitate either the origin or the spread of forest fires, shall be deemed thereby to have created an extraordinary fire hazard, and to have made and main- tained a public nuisance. (P. L. 191 5, p. 103. Sec. 2. On the complaint of a fire- v/arden, or of any citizen, it shall be the Complaint. duty of the Board of Forest Park Reser- vation Commissioners to cause an investigation to be made of the alleged nuisance. If, in its judgment, a situation endangering the security of adjacent property, either with reference to the possible origin or spread of forest fires, exists, it shall require the responsible party to remove such menace within a specified time, in manner directed and at his own cost. If such removal be done by burning, all the provisions and requirements of the act to which this act is a supplement shall be observed, but nothing done under this j^^^ release of act shall operate as a release oi re- responsibility. sponsibility if fire escapes and damages the property of another. Failure to comply with the 38 Forest Fires. requirement of the Board of Forest Park Reservation Commissioners shall subject the offender Penalty. to the penalty imposed by section twelve of the act to which this act is ai supple- ment, which penalty shall be imposed for every period of five days, or portion of one such period, during which the requirement of the Board of Forest Park Reservation Commissioners shall be unobserved. All penalties incurred for violation of any of the pro- visions of this act shall be sued for, recovered and collected in the manner provided for the recovery of penalties by the act to which this act is a supplement. Recovery and Such penalties, when recovered, shall be disposition of paid to the executive officer of the penalties. Board of Forest Park Reservation Com- missioners, who, after deducting any direct expense con- nected with the recovery of said penalty, shall pay the same over to the State Treasurer. (P. L. 191 5, p. 103.) Chapter 109, 1915. Approved March 30, I9l5. Sec. 1. Whenever the Board of Forest Park Reserva- tion Commissioners shall be satisfied that existing con- ditions tend to the origin of forest fires in any locality, . ^it shall provide for the maintenance of Patrolmen to bcp^trolmen to watch for and extinguish provided. J, . , , , ^ , " fire in such places and for so long as such danger exists. (P. L. 1915, p. 168.) Sec. 2. The said board shall determine whether the existence of such conditions is due to the operation of a railroad, or to the operations, actions, conduct or neglect of any other corporation, firm or individual, and the responsible party, thus determined. Expenses met byshall appoint and pay the wages and ex- Tatinl pitroi." penses of the patrolmen hereinafter re- quired to be appointed and paid. If the said board shall determine the existence of the condi- tions referred to to be due to a divided agency, the required patrolmen shall be appointed by the State Firewarden, and the wages and expenses shall be appor- tioned by the said board among the several parties to such divided agency; provided, hotuever, that if one of the parties to such divided agency shall be a railroad Forest Fires. 39 company, the patrolmen required of such railroad com- pany shall be appointed and paid according to the pro- visions of this act applying to the appointment and payment of patrolmen by railroad companies. (P. L. 1915, p. 169.) Sec. 3. Whenever the Board of Forest Park Reserva- tion Commissioners shall make determination as set forth in paragraphs one and two of this act, the State Firewarden, upon notification by the said board to that effect, shall, in writing, notify the re- sponsible agent or agents of the deter- ^^^^otiEed^^^ mination of the said board, specifying the locality affected thereby and included within the terms of his notice, calling for the appointment of such num- ber of patrolmen as the said State Firewarden may deem to be necessary, and prescribing generally the work of such patrol. The State Firewarden shall fix and state, in the said notice, the time when the said notice shall become effective. In case of a railroad company, the said notice shall be served Service of notice , .J ■'jU r .. • J. J J. £ J.U on a railroad. at the office of the superintendent of the division within which the affected district is located. In case of a private individual, firm or corporation, not a railroad company, the notice shall be served upon the owner, lessee, superintendent or agent, wherever found. The order of the State Firewarden may be amended in any particular by the said Order may be , , .,, -i. ' 'i.- i.- amended. board, either upon its own initiative or upon the request of any person or corporation affected thereby, but shall not be stayed pending application for such amendment, except upon order of the board. (P. L. 1915, p.^169.) Sec. 4. The person or corporation receiving such notice shall immediately comply there- with and shall at once report to the immediate State Firewarden the names of all patrol- ^**"^^ men appointed pursuant to such order, and the names of the persons acting as foremen or superintendents thereof actually upon the work. And such person or corporation shall report to the State Firewarden at such times and in such ^^p^T* *^ State manner as he shall require, setting forth ' ^^' the number of men performing such duty, the places 40 Forest Fires. where, the times when, and the manner in which the patrol duty is being performed. If the appointment of, or service rendered by, any member of such patrol shall be unsatisfactory to the State Firewarden, such patrol- men shall be immediately replaced by his employer upon the request of the State Firewarden. (P. L. 1915, p. 170.) Sec. 5. Any firm, person or corporation who shall or which shall fail to comply with the provisions of this act, or with the terms of such notices and orders as may be issued by the State Firewarden, shall be sub- ject to a penalty of ten dollars per day Penalty. for each patrolman not on duty in accord- ance with such notice or order. All penalties incurred for violation of any of the pro- visions of this act shall be sued for, re- "^penaiti^s *** covered and collected in the manner provided for the recovery of penalties by the act to which this act is a supplement. Such pen- alties, when recovered, shall be paid to the executive officer of the Board of Forest Park Reservation Com- missioners, who, after deducting any direct expense connected with the recovery of said penalty, shall pay the same over to the State Treasurer. (P. L. 1915, p. 170.) Sec. 6. Compliance with the provisions of this act ^ . , , shall not operate as a bar to any suit for no? baSJdr' damages for which any person or cor- poration would otherwise be liable, but conformance with the provisions of this act, and com- pliance with the terms of any order or notice issued by the State Firewarden may be shown and considered as evidence of the use of due care on the part of such person or corporation. (P. L. 1915, p. 170.) Sec. 7. In any case where prompt action posed by this supplement upon the Board of Forest Park Reservation Commissioners may be per- formed and exercised by the executive officer of the said board, the State Forester and the State Firewarden, acting jointly in the name of said board, and the joint determinations, actions and orders of the same shall be as conclusive and effectual a§ though done and per- Forest Fires. 41 formed by the full board; provided, that any action of the said officials may be reviewed and modified by the Forest Park Reservation Commission in the same man- ner and under the same limitation as is prescribed in section three of this act. (P. L. I9l5, p. 171.) Acts Relating to Forest Fires That are Not Applied by I the Forest Commission. I Note — Prosecutions under these acts must be insti- I tuted by the prosecutor of the pleas of the county in which the jBre was set, at the instance of the party in interest. The Forest Commission has no jurisdiction. Criminal Liability. A further supplement to an act entitled "An Act for the punishment of crimes" (Revision of 1898), Ap- proved April 2, 1902. (Ch. 83) (2 Com]). Stat, p. 1792.) Par. 15 7a. — Any person who shall wilfully or mali- ciously set fire to, burn or cause to be burnt, or aid, counsel, procure or consent to the burning of any woods, marshes, cranberry bogs or meadows of any other per- son or persons, shall be guilty of a misdemeanor. (P. L. 1902, p. 248.) Fires From Railroads An Act concerning railroads (Revision of 1903). Ap- proved April 14, 1903. (Ch. 25 7.) (3 Comv. Stat., p. ^2Jf5.) ''Sec. 56. Every company or person operating or using any railroad shall take and use all practicable means to prevent the communication of fire from any engine used by them in passing along or being upon such railroad to the property, of whatever description, of any owner or occupant of any land adjacent or near to said railroad, and shall provide such engine with a screen or cover in the spark arresters, smokestack so as to arrest and prevent. 42 Forest Fires. as much as practicable, the escape of fire; any company or person refusing or neglecting to make such provision shall forfeit for every such refusal or neglect one hundred dollars to any per- Penalty. who may sue for the same, to be recov- ered, with costs, in an action upon contract in any court having cognizance thereof, one-half of the sum to go to the person suing and one-half to the State for the public-school fund." (P. L. 1903, p. 673.) "Sec. 5 7. When injury is done to property by fire communicated from an engine of any company or person in violation of the foregoing section, such company or person shall be liable in damages to the Liability for person injured; and in every action for damages. ^^ injury done to the property of any person by fire communicated from an engine in viola- tion of the preceding section of this act, proof that the injury was communicated from an engine shall be prima facie evidence of such violation, subject, nevertheless, to be rebutted by evidence of the taking Rebuttal. and using all practicable means to pre- vent such communication of fire as by said section required; it shall be lawful for any railroad company to insure such property exposed Insurable to loss by fire communicated from its "^ *^*^ ' engines, and such company shall have an insurable interest therein." (P. L. 1903, p. 673.) ''Sec. 5 8. All actions accruing from injuries to per- sons caused by the wrongful act, neglect or default of any railroad company owning or operating any railroad within this State, shall be commenced Pei"'-^ for bringr-and sued within two years next after the '"dam^gel.*"* cause of action accrued, and not after; actions by an executor or administrator for injuries causing the death of the testator or intes- tate shall be commenced and sued within one year next after the death, and not after; all actions for injury done to any property by fire communicated by an engine of any railroad company on any railroad within this State shall be commenced and sued within one year after the cause of action accrued, and not after." (P. L. 1903, p. 674.) Forest Fires. 43 The BOARD OF PUBLIC UTILITY COMMIS- SIONERS has jurisdiction in respect to railroad expo- sures as follows: "An Act concerning public utilities; to create a Board of Public Utility Commissioners and to prescribe its duties and powers." Approved April 21, 1911. (Ch. 195.) "Sec. 15. The board shall have general supervision and regulation of, jurisdiction and con- control over trol over, all public utilities, and also property and over their property, property rights, equipment. equipment, facilities and franchises so far as may be necessary for the purpose of carrying out the pro- visions of this act." (P. L. 1911, p. 376.) ''Sec. 16. The board shall have power: (a) To investigate, upon its own inia- tive, or upon complaint in writing, anyi*o^e^ *»^^»"^e«- matter concerning any public utility as herein defined." "(h) To provide for the examination any test of any and all appliances used ^^^^^'la^nce**^* for the measuring of any product or ser- ^pp ** vice of a public utility as herein defined." "(i) By its agents, experts or ex- aminers, to enter upon any premises Power to enter occupied by any public utility as herein premises. defined for the purpose of making the examinations and tests provided for in this act and to set up and use on such premises any apparatus and appliances necessary therefor." (P. L. 1911, p. 376.) ''Sec. 17. (b) To furnish safe, ade- quate and proper service and to keep andp^^^g^ ^^^ main- maintain its property and equipment in tain equipment such condition as to enable it to do so.""» e««^ ^^"d**^""' (P. L. 1911, p. 378.) "Sec. 35. Any person who shall knowingly and wil- fully neglect, fail or omit to do or perform, or who shall knowingly and wilfully cause or join or participate with others in causing any public utility corporation or com- 44 Forest Fires. pany to neglect, fail or omit to do or perform, or who sliall advise, solicit or persuade, or knowingly and wil- fully instruct, direct or order any officer, agent or em- ploye of any public utility corporation or company to neglect, fail or omit to do any act or thing required to be done by this act shall be guilty of a misdemeanor." (P. L. 1911, p. 387.) mmm Gay lord Bros. Makers Syracuse, N. Y, PAT. JAN. 21, 1908 iSmM, ■■?'>'