1474 ARTICLE 39A.

and the work of the State Board of Forestry, and they may pay all costs and
expenses thus incurred out of any surplus moneys standing to the credit of
the Forest Reserve Fund, not otherwise appropriated; nothing herein con-
tained shall apply to the City of Baltimore.
As to condemnation, see art. 33A.

Fire Hazards, Abatement of.

1924, ch. 573, sec. 23.

34. Every person, firm or corporation, operating a steam railroad
within this State, using wood, coke or coal as fuel shall, between the first
day of October of each year and the fifteenth day of April of the succeeding
year, after the notice hereinafter provided shall have been given establish
means for the prevention of forest fires along those parts of its tracks
adjacent to which the State Department of Forestry shall have found that
a fire hazard exists or will probably be caused by failure to take precau-
tions. Where the State Department of Forestry deems other means insuffi-
cient there shall be cleared a safety strip of a width not to exceed one hun-
dred (100) feet, as determined by the State Department of Forestry, meas-
ured horizontally from the outer rail. Notice of the necessity for a safety
strip shall be sent by the State Department of Forestry to such person, firm
or corporation not later than the first day of September of each year fol-
lowing the date upon which this act takes effect, such safety strip to be
cleared by removing all dead wood, fallen leaves, withered grass and other
inflammable material except fences and buildings, and manufactured prod-
ucts from the ground embraced within the width above prescribed. Pro-
vided that nothing in this section shall prevent such person, firm or corpora-
tion from piling and storing along its right of way any materials necessary
for the construction, maintenance or operation of its railroad.

1924, ch. 573, sec. 24.

35. Every such person, firm or corporation shall have the power, sub-
ject to the provisions of Section 36 hereof, to clear such safety strips
of inflammable material without liability for trespass, but shall not remove
or damage, without compensation to the owner, any fence, building, or
merchantable timber or such living trees as the owner may designate.

1924, ch. 573, sec. 25.

36. It shall be the duty of the State Department of Forestry to secure
from the actual owner of each property involved, either by registered letter
deposited in the United States mail directed to the last known address of
such owner or by personal service, written permission for the annual clear-
ing of such safety strips as prescribed in accordance with the provisions of
Section 34 of this Article. In the event such owner cannot be so found
it shall be the duty of the State Department of Forestry to publish a notice
not later than the first day of September of each year at least once in two
papers of general circulation in the county wherein such property or the
major portion thereof lies, such notice to quote the provisions of this section.