acts of the state in constructing and maintaining such reservoirs, but every such purchase shall be upon the express condition stated in the contract of purchase, that the land owner from whom the purchase is made, shall release to the state all claims for damages to lands not purchased, and owned and retained by him. L. 1895, c. 561, § 1.

2936 Same; appropriation. The treasurer shall pay, on the warrant of the comptroller, from the moneys now in the hands of the treasurer of the state to the credit of the forest commission, and known as the forest preserve fund, the sum of fifty thousand dollars, or so much thereof as may be necessary, and said sum is hereby appropriated for the purposes of this act, and the forest commission is authorized to provide for the payment of the residue of such purchase price in ten equal annual installments with interest, at the rate of three per centum per annum, payable semi-annually. Id., § 2.

294 Revenues from leases made prior to January first, eighteen hundred and ninety-five. All revenues received from leases of state lands made prior to January first, eighteen hundred and ninety-five, shall be paid into the state treasury, and shall be placed to the credit of the special fund established for the purchase of lands within the Adirondack park. L. 1892, c. 488, § 294, added by L. 1895,

c. 395.

295 Annual report. The board of fisheries, game and forest shall include in its annual report an account of its proceedings with reference to the park, including a statement of the number of acres of land purchased during the year, the locality thereof, the price paid, the revenue from leases made prior to January first, eighteen hundred and ninety-five, and all other information of importance connected with such transactions; and shall state the amount of money required in the next fiscal year for the purchase of lands and expenses of the park, and make such recommendations with reference thereto as it deems wise. Id., § 295. 295a Surveys continued. The surveys heretofore made under authority of chapter four hundred and ninety-nine of the laws of eighteen hundred and eightythree, are hereby continued and authorized to be extended over all districts in the counties requiring such surveys as may not have been finally surveyed, and these surveys shall be made with such particular attention to the boundaries of townships and to county lines as in the judgment of the superintendent of the survey shall be desirable. L. 1895, c. 589, § 1.

See also State Law, § 11a.

295b Surveys of boundaries of lands in dispute. The superintendent of the state land survey is hereby authorized to make such surveys as the state comptroller and the state forestry commission may need to have made for the settlement of the boundaries of lands, the titles to which are in dispute. Id., § 2.

295c Superintendent of state land survey. The direction of the state land survey is hereby continued under the control of Verplanck Colvin, the present superintendent, whose official title shall hereafter be the superintendent of the state land survey, and he shall render an annual report to the legislature of the progress of the survey, with such data relative to the public lands, and other facts, as may be desirable for the information of the legislature. Id., § 3.

'295d Appropriation. The sum of fifty thousand dollars is hereby appropriated to meet the current expenses of this work, and this appropriation shall be paid by the treasurer on the warrant of the comptroller out of any moneys in the treasury not otherwise appropriated, and shall be accounted for to the comptroller with vouchers and bills of items for all expenditures, and from this said appropriation the superintendent of the state land survey, by and with the consent of the state engineer and surveyor, is authorized to expend the sum of not more than ten thousand dollars in meeting the field expenses of the topographers or engineers of the United States geological survey, within the district described in chapter four hundred and ninety-nine of the laws of eighteen hundred and eighty-three; provided and on condition that the director of the United States geological survey

shall enter into a contract in writing with said state engineer and surveyor to expend a like sum of not less than ten thousand dollars upon said work in the said section of the state and agrees in said contract to pay all salaries and other than the field expenses of the said geological survey topographers or engineers thus engaged in this section of the state; and provided, also, that photographic copies of the original topographic map-sheets, and electrotypes of the engraved copper map plates of each and every map made of this section by the said United States geological survey, shall be furnished to the state engineer and surveyor of the state of New York at the expense of the state, for use in the reports or other publications of the state, and for preservation by the state. L. 1895, c. 589, § 4.

295e Evidence of boundaries. All maps or field notes prepared and issued by the superintendent of the state land survey under his certificate, hand and official seal, shall be accepted in the courts of this state as prima facie evidence of the particular boundaries and locations therein shown, when such certified copies have been duly filed in the office of the state engineer and surveyor, or in the office of the comptroller, or in the office of the secretary of state, or in any county clerk's office of this state. Id., § 5.

295f Salary of superintendent. The salary of the superintendent of the survey shall be five thousand dollars per annum, payable quarterly. Id., § 6.

295g Repeal. All statutes, acts or parts of acts inconsistent with this act are hereby repealed. Id., § 7.

ARTICLE XIV, Former Art. XII, changed to XIV, by L. 1895, c. 395, § 4, and Am'd by id., c. 974, § 10.

Laws Repealed, Definitions and other Provisions.

$ 300. Amendments to the Game Law.

301. Definitions.

302. Ordinances and Regulations of Boards of Supervisors Repealed. 303. Powers of Boards of Supervisors.

304. Laws Repealed and Saving Clause.

305. Construction.

306. The Clerk of the Assembly to Print and Distribute Copies of this Act. 307. Construction.

308. When to Take Effect.

300 Amendments to the game law. All amendments to the game law shall be made a part of this act and additions to the game law shall be numbered as sections thereof. L. 1892, c. 488, § 300.

301 Definitions. Words and phrases under this act, and in proceedings pursuant thereto, shall, unless inconsistent with the context, mean or include as follows:

1. "Person" shall include persons, copartnerships, joint-stock companies and corporations, and when used with reference to commission of acts which are herein forbidden, shall include persons particeps criminis in the acts, and the officers, agents and directors or trustees and similar controlling body of corporations.

2. Words importing masculine gender may apply to copartnerships, females, joint-stock companies and corporations.

3. Words importing the plural number may import the singular number.

4. Words importing the singular number may extend to and be applied to several persons or things.

5. Angling" is defined to mean taking fish with hook and line and by rod held in hands, and does not include set lines. In fishing from boats, rods and lines not exceeding two in number may be used by any one person.

6. "Exclusive right to shoot, hunt or fish" is defined to mean the right of any person owning or having the right to the possession of the premises, or of any

person leasing or reserving the exclusive right to shoot, hunt or fish thereon from the owner.

7. "Commission," "commissioners" or "board of commissioners," as used in this chapter, shall be construed to mean the commissioners of fisheries, game and forest.

8. "Article," when standing alone in this act, shall be construed to refer to one of the articles hereof.

9. "Close season" is that period of time during which an act is prohibited. 10. Inclosed lands is defined to mean lands the outlines or boundaries of which are marked by water, by a wire, ditch, hedge or fence, road or highway, or partially by one or more of said means, or any visible inclosure or distinctive boundary which indicates a separation from the surrounding or contiguous territory of whatever nature. Id., § 301.

302 Ordinances and regulations of boards of supervisors repealed. All laws or ordinances heretofore passed by any board of supervisors of any county in this state, relating to birds, fish and wild animals, are hereby repealed, except the laws passed by the supervisors of the county of Suffolk in respect to salt water fishing, and in respect to shellfish, and boards of supervisors shall hereafter have no power or authority to pass any regulation or ordinance relating to birds, fish or game specified or referred to in this act. Id., § 302.

L. 1892, c. 488, § 273 (which is not included in the revision of this law made in 1895), was as follows:

302a Powers of boards of supervisors. Boards of supervisors may pass at their annual session such laws and ordinances as shall afford additional protection to and further restrictions for the protection of birds, fish, shell fish and wild animals, except wild deer, and to prohibit the taking and killing of the same, but no such ordinance shall be operative until a duly authenticated copy thereof shall have been filed in the office of the clerk of the county, and published in the papers. in such county in which the session laws are published, and filed in the office of the secretary of state, and it shall be the duty of the secretary of state to furnish a copy of such ordinance to the chief game protector, and to print all such ordinances in the volume of session laws for the current years. No such ordinance shall take effect until the first day of May next after its passage. L. 1892, c. 488, § 273.

303 Powers of boards of supervisors. The board of supervisors of any county may raise by tax any sum not exceeding one thousand dollars in any year, to aid in the enforcement of the provisions of this act. L. 1895, c. 974, § 303.

304 Laws repealed and saving clause. All laws and parts of laws inconsistent with this act are hereby repealed, but such repeal shall not affect or impair any act done or right accruing, accrued or acquired, or liability, penalty, forfeiture or punishment incurred prior to the time when this act takes effect, under or by virtue of any law so repealed, but an action may be commenced therefor and the same may be asserted, enforced, prosecuted or inflicted as fully and to the same extent as if such law had not been repealed, and all actions and proceedings, civil or criminal, commenced under or by virtue of the laws so repealed and pending when this act takes effect, or commenced after this act takes effect, may be prosecuted and defended to final effect in the same manner as they might under the laws then existing, unless it shall be otherwise specially provided by law. Id., § 304. 305 Construction. The provisions of this act, so far as they are substantially the same as those of laws existing when this act took effect, shall be construed as a continuation of such laws modified or amended according to the language employed in this act and not as new enactments, and references in laws not repealed, to provisions of laws incorporated into this act and repealed, shall be construed as applying to the provisions so incorporated, and nothing in this act shall be construed to amend or repeal any provision of the criminal or penal code. Id., § 305.

306 The clerk of the assembly to print and distribute copies of this act. The clerk of the assembly shall cause to be printed and distributed twenty-five copies of this act to each of the following persons: Each senator and member of assembly, each fish and game protector and forester and each of the town clerks of the several towns of this state; to the chief fish and game protector and forester, two thousand, and to the commissioners of fisheries, five hundred copies. L. 1895, c. 974, § 306.

307 Nothing in this act contained shall be construed to in any way repeal or modify chapter three hundred and ninety-five of the laws of eighteen hundred and ninety-five. Id., § 307.

308 Schedule of laws repealed.