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and of the information relating to the same matter otherwise gathered, shall be included in the annual report of the board of fisheries, game and forests. L. 1892, c. 488, $ 277, as am'd L. 1896, c. 655.
278 Compensation of firewardens. For their services while on duty at a forest or woodland fire, or in connection with the prevention of fires, the firewardens shall receive a compensation of two dollars and fifty cents per day for the time actually employed; and each person assisting in extinguishing a forest or woodland fire, or who shall have been ordered to go to the place where such fire may be burning, shall receive a compensation of two dollars per day for the time actually employed. The services of the town firewarden, district firewarden, or persons assisting or ordered out at a forest fire shall be a town charge, and shall be audited and paid by the town; but the comptroller of the state shall annually pay to the town a sum equal to one-half the expenses thus incurred, audited and paid. In order to secure such payment from the state, all bills for the services of the town firewarden, district firewardens, or persons assisting or ordered out at a forest or woodland fire, shall be made out in duplicate and approved by the town firewarden, one of which bills shall be forwarded to the board of fisheries, game and forests, and to which bill there shall be attached a certificate of the town board of auditors stating that said bill has been audited and paid; and no payment of moneys or rebate of any kind, for expenses incurred in the extinguishment or prevention of forest fires shall be made to the town by the comptroller, except on such bills, which must also be approved by the board of fisheries, game and forests or by such official in their employ as they may designate to perform such duty. Id., § 278, as am'd L. 1896, c. 655.
279 Supervisors to be firewardens ex-officio. In all towns not within the counties mentioned in section two hundred and seventy of this act the supervisors shall be firewardens ex-officio, and there shall be applicable to them all the provisions of this act with reference to town and district firewardens. · If a forest fire occurs in any town in which the firewarden or supervisor may be absent, or may fail to take measures to extinguish the fire, or in which no firewarden may have been appointed, any justice of the peace in the town where such fire occurs may act as firewarden and summon assistants; and for all such services payment shall be made the same as hereinbefore provided for a firewarden and his assistants. Any person who shall willfully or negligently set fire to, or assist another to set fire to any waste or forest lands belonging to the state or to another person, whereby such forests are injured or endangered; or who suffers any fire upon his own lands to escape or extend beyond the limits thereof to the injury of the woodlands of another or of the state, is guilty of a misdemeanor, punishable by imprisonment not exceeding one year, or by a fine not to exceed two hundred and fifty dollars, or both, and be liable to the person injured for all damages that may be caused by such fires. Id., $ 279, as am’d L. 1896, c. 655.
280 Actions for trespass upon forest preserve and disposition of penalties. The board of fisheries, game and forest may bring, in the name of the people of the state, any action to prevent trespass upon, or injury to the forest preserve, and recover damages therefor, or to recover lands properly forming a part of the forest preserve, and occupied or held by persons not entitled thereto, or for the maintenance and protection of the forest preserve which any owner of lands would be entitled to bring, or for cutting or carrying away or causing to be cut or assisting to cut or carry away, any tree, bark or timber within the forest preserve, or removing any tree, wood, timber or bark or any portion thereof from such forest preserve, or from any land or lands now owned by the state or which may hereafter be acquired by the state. Every person violating the provisions of this section, relating to the cutting or carrying away any wood, timber, tree or bark, shall be deemed guilty of a misdemeanor, and in addition shall forfeit to the state the sum of ten dollars for every tree, cut or carried away by him, or by any person in his employ or under his direction. The board of fisheries, game and forest may emplov attorneys and counsel to prosecute any such action of trespass or damage to the state or of forest land or to defend any such action brought against the board or any of its members, or any person acting under or by authority of the board of fisheries, game and forest, arising out of their or his official conduct with relation to the forest preserve, together with all lands, now owned or which may hereafter be acquired by the state. The compensation of such attorneys and counsel shall be fixed by the board. A preliminary or final injunction shall, on application in an action brought by or at the instance of the board of fisheries, game and forest, be granted restraining any act or trespass, waste or destruction upon the forest preserve or other lands owned by the state or which may hereafter be acquired by the state. All such actions shall be brought in the county where the trespass is alleged to have been committed, the same as other actions are now brought, by or under the direction of either of the commissioners of fisheries, game and forest, or on order of the chief fish and game protector and forester, in the manner provided in section two hundred and thirty-one of chapter nine hundred and seventyfour of the laws of eighteen hundred and ninety-five. Witness and other fees and disbursements and full costs shall be recovered in any judgment in favor of the people, under this act, at the rate fixed by section three thousand two hundred and fifty-one of the code of civil procedure, without regard to the amount recovered. All moneys recovered under the provisions of this chapter, either upon criminal or civil prosecution, shall be paid to the board of commissioners, to be by it disposed of as hereinafter provided, and it shall be the duty of every person to whose hands such money shall come, to forthwith pay over the same to the said commission, and in case of failure so to do, such money may be recovered from such person in the name of the people by the commission. The commission shall dispose of the fines and penalties received by them as follows: They shall deduct all expenses incurred in the prosecution or collection of such fines and penalties, and shall pay to the protector and forester, or special protector or forester, upon whose information the action was brought, one-half of all recoveries, less the costs where the total net amount recovered, upon such information, does not exceed fifty dollars. Such payments shall be made on the certificate of the chief game protector and forester that such protector and forester is entitled thereto. The remainder of the moneys shall be used in the employment of surveyors and other persons in assisting in procuring evidence to establish cases of trespass, and other violations of this chapter, and in payment of expenses of enforcing the laws for the preservation of fish and game on the certificate of the chief protector and forester, or for such other purposes within the scope of this chapter as the board may determine, provided that the board of commissioners of fisheries, game and forest shall deposit all moneys received for violations of the fish, game and forest laws, and on account of trespasses of the state land, in some bank in the city of Albany, to be approved by the comptroller. The board shall render to the comptroller, on or before the tenth day of each month, an itemized monthly account, showing its receipts and disbursements on account of such fines and penalties, with the names of the persons from whom recovered, and to whom paid, which account shall also include the balance in the bank on the last day of the preceding month. Id., § 280, as am'd L. 1896, 6. 114.
281 Fallow fires. It shall be unlawful for any person to light fires for the purpose of clearing land, burning fallows, stumps, logs, or fallen timber, in the towns hereinafter specified in this section, between April first and June tenth, and between September first and November tenth; but from June tenth to September first such fires may be started upon giving three days' notice to a firewarden or district-firewarden and securing his written permission. During the period last mentioned, if the place where a fire is to be lighted is near any woodlands or forest which might possibly be endangered by the lighting of such fire, it shall be the duty of the town-firewarden or district-firewarden to be present personally when the fire is lighted, and to remain until it is extinguished; and the firewarden or district-firewarden thus in attendance shall not permit the starting of any fallow fires, or brush fires, or fires for clearing land, during a dangerous wind, nor until the person desirous of starting such fires shall have employed at his own expense a sufficient number of persons to watch and prevent any possible spreading of the flames, and who shall remain on watch until the fire is out and completely extinguished. The services of a firewarden or district-firewarden at such times shall be a town charge, the same as when employed in extinguishing a forest fire; and one-half of the expense thus incurred by the town may be refunded by the comptroller of the state as hereinbefore provided in case of forest fires. Any person violating the requirements of this section by lighting fallow fires or fires for clearing land otherwise than as herein provided, shall be guilty of a misdemeanor, and in addition thereto shall be liable to a fine of not less than fifty dollars nor more than three hundred dollars, one-half of which amount shall be paid to the person or persons furnishing the evidence necessary to conviction. The provisions of this section shall apply to Hamilton county, and to the towns of Minerva, Newcomb, North Hudson, Schroon, Keene, Jay, Lewis, North Elba, Saint Armand, and Wilmington, of Essex county; to the towns of Waverly, Harrietstown, Brandon, Santa Clara, Brighton, Belmont, Franklin, Duane, and Altamont, of Franklin county; to the towns of Hopkinton, Colton, Clifton, Fine, Edwards, Pitcairn, Clare, Russell, and Parishville, of Saint Lawrence county; to the towns of Diana, Croghan, Watson, Greig, and Lyonsdale, of Lewis county; to the towns of Wilmurt, Ohio, Salisbury, Remson, and Russia, of Herkimer county; to the town of Forestport in Oneida county; to the towns of Stratford, Caroga, Bleecker, and Mayfield, of Fulton county; to the towns of Day, Edinburgh, Hadley, and Corinth, of Saratoga county; to the towns of Johansburgh, Thurman, and Stony Creek, of Warren county; to the towns of Putnam, Dresden, and Fort Ann, of Washington county; to the towns of Altona, Dannemora, Ellenburgh, Saranac, and Black Brook, of Clinton county; to the towns of Denning, Hardenburgh, Shandaken, Olive, Rochester, Wawarsing, and Woodstock, of Ulster county; to the towns of Neversink and Rockland, of Sullivan county; to the towns of Andes, Colchester, Hancock, and Middletown, of Delaware county; and to the towns of Hunter, Jewett, Lexington, and Windham, of Greene county. L. 1892, c. 488, 8 281, as am'd L. 1896, c. 655.
282 Arrest of offenders without warrant. The fish and game protectors and foresters, and other persons acting upon the forest preserve under the written employment of the board of fisheries, game and forest, may, without warrant, arrest any person found upon the forest preserve violating any of the provisions of this article and forthwith take the person so arrested before a magistrate having jurisdiction to issue warrants in such cases, and there make or procure to be made a complaint in writing, on which complaint the magistrate shall act as the case may require. Id., § 282.
283 Deer parks in the Catskill region. The board of fisheries, game and forests shall set apart tracts of land (not exceeding three) of such size as they may deem proper, belonging to the state and including such adjoining lands as may be deemed necessary, in the Catskill region, now constituting that part of the forest preserve situated in the counties of Delaware, Greene, Sullivan and Ulster, for the purpose of breeding deer and wild game. The board of fisheries, game and forest shall purchase and turn out upon such lands such deer or other game as they may think proper and establish all proper rules for the protection of such land and the game thereupon. No game shall be killed, pursued, or trapped or in way destroyed within the limits of such land so set apart for the period of five years from the time that such land shall be so set apart. The board may receive private subscriptions of money and expend the same for the purposes specified in this section, and may, from time to time, enlarge the area of any such park by purchasing other lands adjacent thereto, so as to include as large an acreage of state lands as practicable within the bounds of each park. The proceeds of the lands sold prior to January first, eighteen hundred and ninety-five, shall be used for no other purpose than the purchase of additional lands for such parks, and the board may execute and receive and accept, in the name of the state, all contracts and conveyances necessary to carry into effect the provisions of this section. Id., § 283. Revised from L. 1887, c. 562, SS 1-3, which are repealed by L. 1895, c. 395 (Agricultural
Law, $ 102), but L. 1887, c. 562, § 3, as amended by L. 1893, c. 453, has not been specifi
cally repealed, and is as follows: 283a Purchase, exchange or sale of deor. Said commissioners are authorized to purchase and turn out upon such land such deer or other game as they may think proper, and also to exchange the surplus bucks which they now have or may acquire, for does or other game, or to sell such surplus bucks and invest the proceeds in the purchase of does or other game for said park or other parks that may be established in the Catskill region. L. 1887, c. 562, § 3, as am'd L. 1893, c. 453.
ARTICLE XIII, Added by L. 1895, c. 395.
Adirondack Park. § 290. Adirondack Park.
291. Powers and Duties of Forest Commission. 292. Contracts. 293. Proceeds of Lands Sold and Payment for Lands Purchased. 294. Revenues from Leases made Prior to January First, Eighteen Hundred and
Ninety-five. 295. Annual Report.
290 Adirondack park. All lands now owned or hereafter acquired by the state within the county of Hamilton; the towns of Newcomb, Minerva, Schroon, North Hudson, Keene, North Elba, Saint Armand and Wilmington, in the county of Essex; the towns of Harrietstown, Santa Clara, Altamont, Waverly and Brighton, in the county of Franklin; the town of Wilmurt, in the county of Herkimer; the towns of Hopkington, Colton, Clifton and Fine, in the county of Saint Lawrence, and the towns of Johnsburgh, Stony Creek, and Thurman, and the islands in Lake George, in the county of Warren; except such lands as may be sold as provided in this article, shall constitute the Adirondack park. Such park shall be forever reserved, maintained and cared for as ground open for the free use of all the people for their health and pleasure and as forest lands, necessary to the preservation of the headwaters of the chief rivers of the state, and a future timber supply; and shall remain part of the forest preserve. L. 1892, c. 488, § 290.
290. The deed of gift or conveyance made and executed the twenty-ninth day of March, eighteen hundred and ninety-five, by Henry Clews and Lucy Madison Clews, his wife, to the people of the state of New York, conveying to the said people certain land in the Adirondack park, known as the John Brown farm, in the town of North Elba, in the county of Essex, being the greater part of lot number ninety-five, Thorn's survey of township number twelve, old military tract, which deed was delivered by the grantors to the comptroller of this state, is hereby accepted upon the terms and conditions therein mentioned, namely, that the land therein and thereby conveyed shall be and continue to be dedicated and used for the purposes of a public park or reservation forever, and that the said Henry Clews, or his agents, may enter upon the said land and erect thereon, near the grave of John Brown, a tablet with such inscription as they, in their discretion, may deem proper; and the land in said conveyance described is hereby declared to be and shall be deemed to be in the actual possession of the comptroller, but subject to the care, custody, control and superintendence of the fisheries, game and forest commission. L. 1896, c. 116, § 1.
291 Powers and duties of forest commission. The board of fisheries, game and forest shall have the care, custody, control and superintendence of the Adirondack park, and within the same and with reference thereto and to acts committed therein and to persons committing the same, all the control, powers, duties, rights of action and remedies belonging to such board or the commissioners of the land office within and with reference to the forest preserve as to acts committed therein
and persons committing the same. The board of fisheries, game and forest shall have power:
1. To contract as herein provided for the purchase of land situated within the bounds of the park as defined in the preceding section; if any such lands can not be purchased on advantageous terms unless subject to leases or restrictions or the right to remove soft wood timber, the contract may provide accordingly, but not for any such right, lease or restriction after ten years from the date of the contract, nor for the right to remove any such trees with a diameter of less than twelve inches at the height of three feet from the ground.
2. To contract with owners of land situated within the bounds of the park that such lands may become part of the park and subject to the provisions of this article, in consideration of the exemption of such lands from taxation for state and county purposes, which contract shall contain a provision that the owners of such land and their grantees shall refrain forever from removing any of the timber thereupon except spruce, tamarack or poplar timber twelve inches in diameter, at a height of three feet above the ground, or fallen, burned or blighted timber, and such other and further conditions as to the right of occupancy of such lands by such owners or their grantees as may be equitable. Such contract may also reserve to the owners of such forest lands and their grantees the privilege of clearing portions of such lands for agricultural or domestic purposes under regulations to be prescribed by the forest commissioners, but no such privilege shall give to the owners or grantees of said lands, the right to clear more than one acre within the boundary of each one hundred acres covered by said contract.
3. To prescribe and enforce ordinances and regulations for the government and care of the park and for the licensing or regulation of guides or other persons engaged in business therein.
4. To lay out paths and roads in the park. L. 1892, c. 488, $ 291.
292 Contracts. A contract mentioned in this article shall not take effect until approved by the commissioners of the land office; a certificate of which approval, certified by the clerk of said commissioners shall be attached to the copy of the resolution of the board of fisheries, game and forest authorizing such contract. Every conveyance mentioned in this article shall be certified by the attorney-general to be in conformity with the contract, and approved by him as to form before the acceptance or delivery thereof, and shall be made to the people of the state, recorded in the proper county, and after record delivered to the commissioners of the land office as a part of their archives. Id., § 292.
293 Proceeds of lands sold and payment for lands purchased. The proceeds of lands sold prior to January first, eighteen hundred and ninety-five, and paid to the state treasurer shall be held by him as a separate fund and special deposit at all times available for the purchase of other lands under this article. Payment for such purchases and for expenses necessarily incurred by the board in the preliminary examinations of lands purchased under authority of this article, or in the examination of titles of lands so purchased, or otherwise necessarily incidental to such purchases, may be made from such fund or from any moneys appropriated therefor on the certificate of the commission and audit of the comptroller. Id., § 293.
2932 Purchase of certain lands; release of claims to state. Pursuant to its recommendation and resolution, transmitted to the legislature February fifth, eighteen hundred and ninety-five, the forest commission, or such department of the state government as may hereafter be charged with the care of the forest preserve is authorized, with the approval of the commissioners of the land office, to purchase, for the uses and purposes of the Adirondack park, the whole or any portion of any township or great lot within the boundaries of the forest preserve, the owners of which have sustained damage by the construction of reservoirs by the state for canal purposes, or to restore waters taken for the canals, not exceeding in all eighty thousand acres, at a reasonable and fair valuation, taking into account the damages necessarily sustained by any such owner in consequence of the