L. 1922, ch. 381.

Search warrants; compromise of penalty

§§ 34, 36.

advantageous to the state. The commission may, out of moneys arising from such fine or penalties, pay the fees of magistrates and constables for services performed in criminal actions brought upon information of a game protector, district forest ranger, forest ranger, or fire warden. (Added by L. 1912, ch. 444, and amended by L. 1916, ch. 521 and L. 1923, ch. 179, in effect April 9, 1923.)

§ 34.

Search warrants; when issued.-Any justice of the peace, police justice, county judge, judge of a city court or magistrate having criminal jurisdiction shall, if it appear probable that fish, birds or game taken or possessed contrary to the provisions of article five of this chapter are concealed or that a rifle or shotgun owned or possessed by an unnaturalized foreign born person in violation of any provision of this chapter is concealed, issue a search warrant for the discovery thereof, in accordance with the practice provided in title two of part six of the code of criminal procedure, so far as the same are applicable thereto. (Added by L. 1912, ch. 444, and amended by L. 1922, ch. 381, in effect March 31, 1922.)

ranger or

$36. Compromise of civil penalty before a court or justice having jurisdiction in civil actions.-A person who has violated any of the provisions of this chapter and who desires to compromise and settle his civil liability therefor may appear with any regular or special game protector. fisheries protector, member of the state police, fire superintendent, forest inspector, before a court or justice having jurisdiction in civil actions, and thereupon such person may, upon the consent of the representative of the conservation commission appearing, compromise and settle his liability for civil penalties under this chapter, for an amount agreed upon between said court or justice, the representative of the conservation commission and the person who committed such violation, which amount shall not be less than ten dollars nor more than the amount for which such person would be liable in a civil action for penalties; provided, that any person who has violated any of the provisions of section one hundred and seventy-six, subdivision two, of this chapter and who desires to compromise and settle his civil liability therefor, shall, before such compromise or settlement is effected, deliver up to the court or justice before whom he appears all rifles and shotguns owned or possessed by him or which may be under his control, and the same shall be deemed forfeited to the state of New York. If such compromise be made, such person shall forthwith subscribe his name to a statement setting forth concisely the facts constituting such violation, the amount agreed upon, and that a judgment may be entered against him for that sum. Upon said statement being sworn to before and filed with said court or justice, he shall forthwith enter in his civil docket a record of the proceedings and the amount of the judg

ment.

§§ 37, 50.

Power and duties of commission.

L. 1923, ch. 257. Said court or justice shall upon the entry of such judgment be entitled to a fee of two dollars and fifty cents to be paid by the person who committed such violation.

A judgment entered as provided herein may be enforced by an execution against the property of the defendant; but no body execution shall issue thereon. Such judgment shall be a bar to a criminal action for the same violation, if satisfied within thirty days from the date of the entry thereof; except that where a person who has violated any provision of section one hundred and seventy-six, subdivision two, of this chapter has failed, upon the compromise of his civil liability therefor, to deliver up to the court or justice before whom he appears all rifles or shotguns owned or possessed by him or which may be under his control, the judgment entered upon such compromise shall not be a bar to a criminal action for the same violation. (Added by L. 1916, ch. 521, and amended by L. 1917, ch. 486, L. 1921, ch. 328, L. 1922, ch. 381 and L. 1923, ch. 79, in effect March 23, 1923.)

§ 37. Certificate by court or justice. The court or justice before whom any person shall be tried or before whom a compromise of the civil penalties for a violation of any provision of this chapter shall have been made, or the clerk of the court, if there be a clerk, shall, at the termination of such trial or proceeding, forthwith mail or deliver to the conservation commission at Albany a certified statement of the disposition of the case or proceeding, giving the date thereof, the name of the defendant, the name of the person upon whose information the action or proceeding was instituted, the date and place of the violation, the name of each witness sworn in support of the charges and the costs of the court or fees of the justice, and the fees of the constable, if any. Whenever such trial or proceeding shall be for a violation of any of the provisions of section one hundred and seventy-six, subdivision two, of this chapter the court or justice having jurisdiction of the case shall likewise forthwith give notice to the conservation commission at Albany of the seizure or receipt of any and all rifles and shotguns delivered up to him or seized in accordance with law, and shall hold the same subject to the order of the commission. (Added by L. 1917, ch. 486, and amended by L. 1922, ch. 381, in effect March 31, 1922.) § 50. Powers and duties of commission.-15. (Subd. repealed by L. 1921, ch. 499, in effect July 1, 1921.)

23. May grant an extension of time in which owners may comply with subdivision two of section fifty-four, when the commission is satisfied that such an extension of time will not endanger the forests to fire, but in no case shall an extension be granted for a period of more than six weeks from the time of cutting, except in connection with operations for the clearing of a reservoir site under the authority of section four hundred and fiftysix of this act. (Subd. 23 amended by L. 1923, ch. 257, in effect April 24,

L. 1923, ch. 38.

Personnel and duties.

§ 51.

32. Have the care, custody, control and administration of the Cuba reservation. The said reservation is to be preserved and maintained for reservoir and camping purposes. The commission shall have the power to make all rules and regulations, which in its judgment are necessary for the use and preservation of the said premises and property; to make leases or renewals thereof of lots of land therein, adjacent to or surrounding the reservoir for terms not to exceed five years; to permit the erection of structures by the lessees with the privilege of removing the same during the term of said lease; and fix the terms and conditions upon which leases shall be made; to arrange for sanitation and provide for the removal of waste matter and to charge lessees of lots therefor. Lands in the Cuba reservation which are not deemed by the conservation commission desirable for camping purposes may be sold or exchanged for other lands which it may be necessary to acquire in order to consolidate holdings or make better administration of the property possible. So much of the proceeds from the sale of lands, as shall by the conservation commission be deemed necessary, may be used to purchase other lands situated between the public highway now running around the lake and the high water mark of the reservoir or may be used for building roads or otherwise improving the reservation. The commission shall on behalf of the state in case of sale or exchange have the power and authority to convey the state's interest in such lands. Money collected for sanitation and waste removal may be expended by the commission for that purpose.

The provisions of section thirty-seven of the state finance law shall not apply to any moneys received pursuant to the provisions of this subdivision if used for the purposes indicated, but all such moneys shall be deposited pursuant to the provisions of section ten of the state finance law. (Subd. 32 added by L. 1917, ch. 266, and amended by L. 1922, ch. 82, in effect March 7, 1922.)

urer

34. May enter into cooperative agreements with the United States department of agriculture for the purpose of better protecting the forests of the state from fire. Moneys received from the United States government in accordance with such agreements shall be deposited with the state treasas custodian and may be checked out by him upon the warrant or order of the conservation commission. The provisions of section thirtyseven of the state finance law shall not apply to any moneys received pursuant to the provisions of this subdivision if used for the purposes indictated. (Added by L. 1922, ch. 42, in effect Feb. 23, 1922)

Subd. 32 cited.-Learn v. State of New York (1920), 113 Misc. 225, 184 N. Y. Supp. 281, affd. 199 App. Div. 905, 190 N. Y. Supp. 936.

§ 51. Personnel and duties.-11. Such forest rangers as may be necessary, who shall be rated by the commission on the basis of merit and efficiency in three grades to be known as the first, second and third grades. Such forest rangers shall receive monthly salaries of one hundred dollars;

§ 52.

Fire Districts.

L. 1922, ch. 35. provided, however, that each forest ranger who shall be rated in the first grade shall receive increased salary at the rate of one hundred dollars per annum, and for each year thereafter in which he shall so qualify he shall receive a like increase or any part thereof until his salary is at the rate of one thousand five hundred dollars per annum, but the commission shall have the power in its discretion, for cause shown, to cancel such increase or any part thereof on the failure of any ranger receiving such increase to qualify for the first grade in any year. Rangers rated in the second grade shall receive increased salary at the rate of fifty dollars per year, in the year in which they shall so qualify, and while in said second grade, provided, however, that the salary of a ranger rated in the second grade shall not exceed the rate of thirteen hundred dollars per year, unless such increased salary shall have accrued by reason of his having been rated in the first grade. (Subd 11 added by L. 1916, ch. 451, and amended by L. 1918, ch. 421, L. 1919, ch. 540, and L. 1923, ch. 38, in effect March 12, 1923.)

13. Necessary fire wardens, who shall, when fires are actually burning, have power and authority to take steps to extinguish fires. They shall be paid at the rate of not more than forty cents per hour for time actually employed. (Subd. 13 amended by L. 1918, ch. 421, L. 1919, ch. 540, and L. 1922, ch. 157, in effect March 22, 1922.)

14. District forest rangers, forest ranger, observers, fire wardens and game protectors or any other officer charged with the duty of fire fighting may, when necessary, employ men who shall be paid at the rate of not more than twenty-five cents per hour and teams to fight forest fires, and also engage other men to be known as foremen for particular fires to direct the work of men engaged in fighting such fires. Such foremen shall be paid at the rate of not more than forty cents per hour for time actually employed. These employees may incur other necessary expenses in connection with extinguishing forest fires. They shall have the power to summon any male person of the age of eighteen and upwards to assist in fighting such fires, and any person so summoned shall forthwith proceed to help extinguish the fire as directed by the person summoning him. (Subd. 14 amended by L. 1918, ch. 421, L. 1920, ch. 461 and L. 1922, ch. 157, in effect March 22, 1922.)

§ 52. Fire districts.-The following classification of districts is made for the purpose of protecting the forests from fire.

1. Fire towns. The commission, for the prevention of forest fires and the extinguishment of fires burning or threatening forests, shall, in the fire towns, maintain a force of forest rangers, observers and fire wardens. It shall maintain an approved fire protective system, including fire observation stations and other equipment necessary to prevent and extinguish forest fires. The territory included within the fire towns shall be divided into five districts, each of which shall be in charge of a district forest ranger. The commission may when necessary in its judgment, in order to

L. 1923, ch. 38.

Fire moneys and accounts.

§ 53.

protect the forests in the fire towns from fire, take steps to extinguish fires actually burning in any town adjacent to a fire town. (Section 52 added by L. 1916, ch. 451; Subd. 1 amended by L. 1922, ch. 35, in effect Feb. 20 1922.)

2. Fire districts. The commission may establish a forest fire protective system in such other parts of the state as it may deem necessary where there are contiguous areas of forest land aggregating seventy-five thousand acres or upwards. In such regions the commission may maintain an approved fire protective system, including fire observation stations and other equipment necessary to prevent and extinguish forest fires. (Subd. 2 added by L. 1916, ch. 451, and amended by L. 1919, ch. 540 and L. 1923, ch. 38, in effect March 12, 1923.)

3. Towns generally. In the towns other than the fire towns and other than the towns included in the fire districts defined in subdivision two of this section, the town supervisor shall be superintendent of fires in his town and he shall be charged with the duty of preventing and extinguishing forest fires. He shall have the power and is hereby required to appoint necessary and competent fire wardens. On or before February fifteenth of each year, the town supervisor shall state to the commission, in writing, the names of the persons whom he appoints to act as fire wardens during the current calendar year. (Subd. 3 added by L. 1916, ch. 451, and amended by L. 1923, ch. 38, in effect March 12, 1923.)

§ 53. Fire moneys and accounts.-2. Payment of fire bills. All salaries and other expenses incurred by the commission and its employees in protecting the forests from fire shall be paid by the state. (Subd. 2 added by L. 1916, ch. 451, and amended by L. 1923, ch. 38, in effect March 12, 1923.)

3.

Rebate by towns. One-half of all expense incurred under subdivision two of this section in extinguishing fires actually burning, except salaries and expenses of regular employees, shall be a charge upon the town in which the fire burned. The commission shall, on or before November twentieth of each year, transmit to the clerk of the board of supervisors of each county containing towns in which such expense of extinguishing fires was incurred, a summary statement of expenses incurred together with the amount charged against each town in the county. The said clerk shall immediately deliver such statement to the board of supervisors who shall thereupon levy the said amount due from each town to the state upon the taxable property of such town by including the said amount in the sums to be raised and collected in the next levy and assessment of taxes therein, and the same shall be collected as other town taxes are collected and the amount due the state shall be paid by the supervisors to the conservation commission on or before May first following the levy. thereof. (Subd. 3 amended by L. 1922, ch. 35 and L, 1923, ch. 38, in effect March 12, 1923.)