cooking and

8. Notwithstanding anything in the preceding sections Fires for it shall be lawful to make a fire in or near the forest for the warmth. purpose of obtaining necessary warmth or cooking food, providing the person so starting or making a fire shall:

(a) Select a locality where there is the smallest quantity of vegetable matter, dead wood, branches, brushwood, dry leaves or resinous trees.

(b) Clear the place in which he is about to light a fire by removing all vegetable matter, dead trees, branches, brushwood and dry leaves, from the soil within a radius of five feet from the fire.

(c) Exercise and observe every reasonable care and precaution to prevent such fire from spreading, and carefully extinguish the same before quitting the place. 1918, c. 13, s. 8.

9. Any person who throws or drops any burning match, Penalty for ashes of a pipe, lighted cigar, cigarette or other burning dropping substance, or who discharges any firearm within any forest matches, etc. or wood lot, or other place where there is dry vegetable matter, shall be guilty of an offence against this Part and liable to a penalty not exceeding fifty dollars, if he negligently omits wholly to extinguish before leaving the spot, the fire of such match, ashes of a pipe, cigar or cigarette, wadding of the firearm, or other burning substance. 1918, c. 13, s. 9. am.

10. Subject to the provisions of sections 5 and 8, no Owner's person shall make, light or start, or cause to be made, lighted permission. or started, a fire on any land not owned by him, unless he has been thereunto authorized by the owner of such land. 1918, c. 13, s. 10. am.

11. (1) Every person who wilfully neglects to do his utmost to prevent the spread of and to extinguish any fire burning on his property or on property on which he is conducting any industrial operation, by his services and by procuring whatever assistance may be necessary at his expense, or who refuses to place at the disposal of the fire warden or other forest service officer, for the purpose of preventing such fire from spreading from said property or of extinguishing said fire, and at his expense his services and those of any men

Liability for wilful neglect

to prevent spread of fire.

Duty of operator and employees to assist.

When cost of extinguishing fire borne by the Province.

employed by him, shall be guilty of an offence against this Part and liable for all expenses incurred by the forest service or by another in controlling and extinguishing said fire, should it spread beyond the boundaries of said property or should it threaten so to do; and the cost of fighting the said fire incurred by the forest service shall be payable upon demand of the Minister and may be recovered by suit of the Crown in any court of competent jurisdiction.

(2) When a fire is burning on any land, either granted or Crown land, upon which any operation is being carried on for the cutting, driving or removal of forest material, brush or debris, or manufacture of forest products, or for any industrial purpose, or in connection with any engineering or construction operation, the person conducting such operation, his agents or contractors, shall diligently attend to the controlling and extinguishing of said fire, and for that purpose shall employ the services of as many men as may be necessary, and pay for the services of the men employed.

(3) If the fire is entirely on, or partially on, or threatening Crown Land and it appears:

(a) That the provisions of this Part and the regulations in respect to the operation of spark-emitting engines, smoke stacks or burners, the disposal of debris and the maintenance of watchmen, and the extinguishing of fires, have been complied with;

(b) That the fire did not originate through the carelessness or neglect of himself, or his employees;

(c) That proof has been submitted showing that immediate notice of the fire was dispatched to the nearest fire warden or to the Department by the best available means of communication;

(d) That such information as the Department may require is submitted showing how, when and where the fire started, together with evidence satisfactory to the Department of the payments made for fire fighting;

Then the total cost or a portion of the cost, as may seem reasonable to the Minister, of extinguishing said fire shall be

borne by the forest service, and the Provincial Treasurer may make payment to the persons entitled upon the certificate of the Minister.

assist.

(4) If the person conducting such operation fails or Penalty for refuses to attend diligently to the controlling and extin- failing to guishing of the fire, and expenditure is incurred by the forest service in respect to the said fire, such person shall be liable for all or part of the cost of the fire, as may seem reasonable to the Minister, which shall be payable upon demand of the Minister and may be recovered at the suit of the Crown in any court of competent jurisdiction.

owner or

(5) Every person and his employees shall assist without Duty of remuneration in fire fighting to protect directly or indirectly occupant. his own land or property, or land or property which he occupies, or on which he is conducting any industrial operation, and if he fails to do so he shall be guilty of an offence against this Part and liable to a penalty of $50, and also for all or part of the cost of fighting the fire incurred by the forest service, as may seem reasonable to the Minister, which cost shall be payable on demand of the Minister, and may be recovered at the suit of the Crown in any court of competent jurisdiction.

When owner or occupant

liable to pay

fire fighting.

(6) When fire occurs on, or spreads from, or is liable to spread from unoccupied land, whether granted or under application under The Crown Lands Act, and is fought for cost of by the forest service, the owner or the applicant shall be liable for all or part of the cost of fire fighting, as may seem reasonable to the Minister, and the same may be recovered at the suit of the Crown in any court of competent jurisdiction. 1921, c. 33, s. 3. am.

officers may employ certain persons to

assist.

12. (1) Such forest service officers as the Minister may Forest service deem necessary for the carrying out of the provisions of this Part may in emergencies employ or summon the assistance of any male person between the ages of 18 and 50 years, excepting. only trainmen, telegraphers and despatchers on duty, doctors and persons physically unfit, for the purpose of controlling and extinguishing any fire, and the compensation of such voluntary or compulsory assistance shall be such as the Minister upon the recommendation of the forestry commission may decide. Except in cases where

Penalty for refusing or failing to assist.

Part to be read to employees.

Penalty.

Appointment and duties of fire wardens.

Minister may declare inflammable material a public nuisance.

fire fighting services must be rendered without remuneration in accordance with this Part, such compensation shall be paid out of the Protection Fund.

(2) Every person who refuses or wilfully fails to render assistance when called upon by a forest service officer appointed by virtue of this Part, or leaves a fire before it is extinguished or before having been released from further service by the fire warden or foreman on the fire, shall be liable to a penalty of not less than ten dollars and not exceeding fifty dollars, and in default of payment, to imprisonment for not exceeding thirty days. 1918, c. 13, s. 12; 1921, c. 33, s. 4; 1922, c. 29, s. 1. am.

13. (1) Every person in charge of any drive of timber, survey or exploring party, or of any other party requiring camp fires for cooking or other purposes, within forests or wood lands, shall provide himself with a copy of this Part and shall, before commencing lumbering or driving or other operations, call his men together, as far as practicable, and cause the said Part or a form prescribed by the foresty commission to be read over and explained to them, and in default of his doing so, he shall be liable to a penalty of not more than fifty dollars and not less than ten dollars.

(2) All licensees of Crown Lands and persons conducting any drive of forest products on waters in New Brunswick shall appoint as fire wardens the foreman of such drive, and the foreman of each section of drive, or other reliable persons, whose duty it shall be to see that the employees on the drive or section thereof take the proper care and precaution in regard to fire and who shall in the event of a fire occurring immediately call out part or all the employees if necessary to control promptly and extinguish the said fire. 1918, c. 13, s. 13; 1921, c. 33, s. 5. am.

14. (1) The Minister may declare any inflammable material which constitutes a fire hazard and which may endanger life or property, a public nuisance, and upon receipt of notice to this effect, the owner or occupier of, or the person conducting any operations for the cutting and removal of forest material from the land upon which any such nuisance exists, shall immediately remove or abate such nuisance to the satisfaction of the Minister.

(2) Due notice shall be held to have been given to said Notice. owner or occupier when a copy of such notice has been mailed to him at his last known place of address and a copy has been posted in a conspicuous place upon said land. Any person neglecting or refusing to perform any duty imposed upon him by this section shall be guilty of an offence against this Part. 1918, c. 13, s. 14. am.

When space

around

mill must be cleared of inflammable

15. Every person in charge of a camp, mine, sawmill, portable or stationary engine using any fuel other than oil, and located within a quarter of a mile of any forest or woodland shall, have such space surrounding said camp, mine, material. sawmill or engine cleared of inflammable material and take such additional precautions as the Minister may direct. Any person neglecting or refusing to perform any duty imposed upon him by this section, shall be guilty of an offence against this Part. 1918, c. 13, s. 15; 1921, c. 33, s. 6. am.

16. (1) Every person clearing a right-of-way for any Clearing road, trail, telephone, telegraph, power or pipe line, tote- right-of-way. road, ditch or flume shall pile and burn on such right-of-way all refuse timber, slashings, choppings and brush cut thereon as rapidly as the clearing or cutting progresses and the weather conditions permit, or at such other times as the Minister may direct, and during the close season shall obtain, before burning such material, a permit from the Minister. Every person who neglects or refuses to perform any duty imposed upon him by this section shall be guilty of an offence against this Part.

highway.

(2) It shall also be unlawful in the skirting or widening Skirting or of any highway or road on which public money is ex- widening pended to leave the slash or other inflammable material resulting from such skirting or widening unburned or unremoved. 1918, c. 13, s. 16. am.

300 feet of

17. (1) Every person who within three hundred feet of Inflammable the centre of track of any railway, causes any accumulation debris within of inflammable debris shall immediately pile and subject railway. to the requirements of this Part concerning permits, burn the same or leave the growth uncut. Any person neglecting or refusing to perform any duty imposed upon him by this section shall be guilty of an offence against this Part.