The daily intelligencer. [volume] (Seattle, Wash. Territory [i.e. Wash.]) 1876-1881, 1877-11-09
AN IMPORTANT ACT.
OLYMPIA, Nov. :, 1877.

Ed. ISrELrioEScEk: Il herewith
iransmityou .n important bill for pub.
iicat'on in yonr valuable paper, which
circulates SO extensively on Puget
Sound, to say nothing of the number
taken abroad. deem it Of sufficient
Importance to send to you in advance
of tine printed laws:
AN ACT TO PROTECT FORESTS AND TIM
BER LANDS FROM FIRES AND CARE
LESS KINDLING OF FIRES
BE IL enacted, dc.
SECTION l. That if any person shall
kindle fi:e in any field, pasture or en-
closure. forest, prairie or timber land
not his own. without the consent of tue
owner. anu the same shall spread and
do damage to any buildings. fences.
crops. cord-wood, bark or other person.
al property, or to any wood or timber
land. he shall, on conviction, be pun
ished by fine Of not less than ten nor
more than five hundred dellars (i5OOl
and costs. according to the sggravation
ted until the fine and costs are paid.
SEC. 2. fany person shall mali.
clously, with intent to do injury to any
other person, by himself or any other
person, kindle fire Oh his own land,
or the land OF another person, and by
means Of such fire the buildings, fences.
crops or other personal property, or
wooded timber lands of any other per-
son shall be destroyed or injured, he
shall. on conviction, be punished by a
fine OF not less twenty dollars ($2O)
nor more than one thousand dollars,
($l .OO0) tr by imprisonment in any of
the jails in this Territory not less than
three months nor more than twelve
months, according to the aggravation of
the offense.
SEC. 3. II any person shall for ary
lawful purpose kindle fire upen his
own land, be shall do it at such time
and in such manner, and shall take
such care Of 1t to prevent it from spread
ing and doing damage to other person s
property as prudent and careful man
would do, aud if he fail so to do he
shall be liable in an action OIL the case
to any person suffering damage thereby
to the full amount Of such damage
SEC. 4. Any person who shall enter
upon the lands of another person tor
the purpose of hunting or fishing,
and shall by the use of fire arms or
o her means kindle any fire thereon.
shall he liable to the penalty of the
penalties If the first and second see
,ions of this act as the case may be-
SEC. 3. Persons engaged in driving
lumber upon any waters or streams of
this Territory, may kindie fires when
necessary for the purposes in which
they are engaged. bu: shall be bound to
use the utmost caution to prevent the
same from spreading and doing damage.
and If they fail so To do, they shall be
subject to all liabilities and penalties OF
this act. in the same manner as if the
privilege granted by this action had not
been allowed.
SEC. 9. The common law right to an
action for damages done by fires is not
taken away or diminished by this act,
but it may be pursued notwithstanding
the fines and penalties set forth in the
first aud second sections of this act. bu.
any ono person availing himself of the
privileges of the third section be barred
of his action ut common law for the
damages SO sued for, and no action shall
be brought at common law for kindling
fires in the manner described in the
fifth section. but if any such fires shall
spread and do damage. the person who
kiudled the same, aud any person pres
ent and concerned in driving such lum-
ber. by whose act or neglect such fire is
suffered to spread and do damage. shall
be liable in an action on the case for the
amount of damages thereby sustained.
SEC. Z. This act shall take effect and
he in force from and after its passage
and approval by the Governor.