§§ 54, 57-b. Gipsy moth. L. 1923, ch. 54. 4. May pay accounts. If any person incurs expenses fighting forest fires in a fire town, or in a town included in a fire district as defined in subdivision two of section fifty-two of this article, the commission may upon the receipt of satisfactory proof and accounts filed in its offices within sixty days from the time the expense was incurred audit and pay all or such portion thereof as in its judgment the public interest requires. (Subd. 4 amended by L. 1923, ch. 38, in effect March 12, 1923.) § 54. Forest fire prevention.-7. Material adjoining rights of way. In any of the fire towns, or in any town included in a fire district as defined in subdivision two of section fifty-two of this article, brush, logs, slash or other inflammable material resulting from the cutting of trees hereafter shall not be left or allowed to remain on land within twenty-five feet of the right of way of a railroad or within twenty feet of the right of way of a public highway. (Subd. 7 added by L. 1916, ch. 451, and amended by L. 1917, ch. 266 and L. 1923, ch. 36, in effect March 12, 1923.) 8. Deposit of inflammable material. No person shall deposit, and leave in any of the fire towns, or in any town included in a fire district as defined in subdivision two of section fifty-two of this article, brush or inflammable material upon the right of way of highways. (Subd. 8 added by L. 1916, ch. 451, and amended by L. 1923, ch. 36, in effect March 12, 1923.) § 57-b. Control and prevention of spread of gipsy moth.-For the purpose of control and preventing the spread of the gipsy moth the following provisions shall apply: 1. The commission may enter into cooperative agreements with any other state, the federal government, any foreign government or private individuals in order to obtain proper working agreements. 2. The commission may accept and expend gifts of money for control and prevention work. 3. The commission may conduct necessary investigations for the purpose of discovering better methods of control or prevention of spread either within or without the state. 4. Duly authorized agents of the commission may enter upon any lands for the purpose of determining if such property is infested with the gipsy moth, and the extent of such infection. 5. The commission shall have the authority by order to establish quarantine districts in any part or parts of the state, and to prohibit the movement of materials which may be harboring the gipsy moth in any of its different forms. On the making of such an order, the commission shall cause a certified copy of the same to be filed in the office of the clerk of each county, affected by such quarantine, and shall give such other notice thereof as it may deem necessary. Such order shall be effective on and after the tenth day from the filing thereof. L 1921, ch. 206. Appropriation of real property. § 59. 6. The commission shall have discretionary authority to poison forest areas in or near sections infested by this insect pest. 7. The commission may take steps to establish a barrier zone for the purpose of preventing the spread of this insect pest, and in so doing shall have the authority and right to enter upon private lands for this purpose, and thereon make such modifications in the composition of the forest growth as it may deem necessary. In such barrier zones trees or other vegetation may be sprayed, cut or destroyed when in the judgment of the commission, the same may be necessary, but the owner of the property shall be entitled to a just compensation for damage done through the acts of such agents. 8. The commission shall have power to ascertain the amount of damage done upon lands of private owners by the acts of the agents of the commission in establishing and maintaining barrier zones, by having an agent of the commission appraise the same. If the owner is not satisfied with the amount of damage as fixed by such appraisal, within six months after serving of a copy of such appraisal, he may take an appeal therefrom to the court of claims, which court is hereby authorized to pass upon the questions involved and determine the amount due such owner. 9. The commission may by order make rules and regulations governing any and all operations designed for the purpose of preventing the spread of or for the purpose of controlling the gipsy moth, its pupae, eggs and caterpillars all of which are hereby declared a public nuisance. Such rules and regulations shall become effective in any county on and after the tenth day from the filing of a certified copy in the office of the clerk of that county. 10. No action for trespass shall lie on account of entry on private lands by an agent of the commission for the exercise of any power authorized by this section. 11. No person shall wilfully resist or obstruct the work of any agents duly employed by the conservation commission, engaged in the suppression of the gipsy moth. 12. The commission shall have the authority to incur expense in connection with the training of men at points outside of the state of New York, if the same is deemed by it necessary. (Added by L. 1923, ch. 54, in effect March 15, 1923.) L. 1923, ch. 54. § 2. Appopriates $150,000. § 59. Appropriation of real property.-6. Adjustment of claims by agreement. Claims for the value of the property appropriated, and for legal damages caused by any such appropriation, may be adjusted by the commission, even though a claim has been filed with the court of claims, if the amount thereof can be agreed upon with the owner or owners thereof. Upon making any such adjustment and agreement the commission shall deliver to the comptroller a certificate stating the amount due to said owner on account of such appropriation of his land or other property, and the amount so fixed shall be paid by the treasurer upon the warrant of the comptroller. If the property was appropriated pursuant to the provisions of chapter five hundred and sixty-nine of the laws of nineteen hundred and sixteen and acts supplemental thereto or amendatory thereof, such adjustment shall be subject to the approval of the commissioners of the land office. (Subd. amended by L. 1921, ch. 206, in effect April 20, 1921.) 7. Court of claims, jurisdiction of. Any owner may present to the court of claims a claim for the value of such land and legal damages within two years after the service of such notice and papers upon him, unless sooner brought in and made a party by such court. If brought in and made a party by such court, he may file an independent claim in respect of such land within three months from the time he is so brought in but not thereafter. If any such claim is not adjusted by agreement, such court shall have jurisdiction to hear and determine such claim and render judgment thereon. Upon filing in the office of said commission, and in the office of the comptroller, a certified copy of the judgment of the court of claims, and a certificate of the attorney-general that no appeal from such judgment has been, or will be taken, by the state, or if an appeal has been taken, a certified copy of the final judgment of the appellate court affirming in whole or in part the judgment of the court of claims, the comptroller shall issue his warrant for the payment of the amount due the claimant by such judgment, with interest from the date of the judgment until the thirtieth day after the entry of such final judgment, and such amount shall be paid by the treasurer. (Subd. amended by L. 1921, ch. 206, in effect April 20, 1921.) Permit for use of streams, construction of camps and storehouses, repair and use of old roads, and repair and reconstruction of dams may be granted subject to reasonable restrictions and regulations. Opinion of Attorney-General (1921), 26 State Dept. Rep. 282. § 61. Use of forest preserve restricted. Cutting and removal of living trees to be used in repair or reconstruction of dams on streams in the Forest Reserve, is forbidden by subdivision 1 of this section and by section 7 of article 7 of the State Constitution. Opinion of AttorneyGeneral (1921), 26 State Dept. Rep. 281. § 62. Definitions. Forest preserve. The reservoir and dam at the head of the Oswegatchie river in St. Lawrence county constituting what is known as the Cranberry Lake improvement is owned by the State but is not a part of the Forest Preserve and is not subject to the provisions of article VII, section 7, of the State Constitution. So much thereof as is in use by the Hydraulic Commission, authorized to complete and manage the same, is exclusively within its jurisdiction and control. The part not in use by said Commission is within the control of the Conservation Commission until necessary for use as a part of the original improvement. Opinion of Attorney-General (1920), 22 State Dept. Rep. 463. L. 1921, ch. 668. Publication of laws. §§ 63, 151, 160, 165. Subd. 6 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. § 63. Penalties.-5. Any person who cuts or causes to be cut any tree or trees upon the forest preserve, or who removes or causes to be removed any tree or trees therefrom, shall be liable to a penalty of ten dollars per tree or treble damages or both. (Subd. 5 amended by L. 1923, ch. 109, in effect March 30, 1923.) § 151. Fish culturist.-(Added by L. 1912, ch. 318, and repealed by L. 1921, ch. 328, in effect July 1, 1921.) § 160. Publication of laws relating to fish and game.-As soon as practicable after the adjournment of the legislature in each year, the commission shall make a compilation of the laws relating to fish and game as amended at the date of such compilation, and properly index the same. Copies of said compilation, in such numbers as the legislature may by appropriation provide for, shall be printed in pamphlet form of pocket size. It shall be the duty of the commission to prepare and issue a syllabus of the said laws and to deliver to county, city and town clerks a supply sufficient for furnishing one copy to each person procuring a hunting or trapping license, and each such person shall be entitled to one copy of said syllabus. (Added by L. 1912, ch. 318, and amended by L. 1913, ch. 508, L. 1916, ch. 521 and L. 1921, ch. 668, in effect May 9, 1921.) § 165. Number and designation.-The commissioner shall also appoint a chief game protector, a deputy chief game protector, and not less than twelve inspectors and not less than one hundred and thirty-one game protectors, and may also appoint such additional game protectors, and such confidential agents, importation agents and other subordinates as shall be needed to carry out the provisions of this chapter within the amount appropriated therefor. The chief game protector shall have general supervision and control of all protectors. The positions of chief game protector, deputy chief game protector, inspectors and the game protectors provided for by this section shall hereafter be classified in the competitive class of the classified civil service. The game protectors who have heretofore been designated division chief protectors shall hereafter be designated inspectors, with the same rank heretofore held by them. The game protectors who have heretofore been designated fisheries protectors and the protector for the Saint Lawrence river shall be designated game protectors, with the same rank and pay heretofore held by them. The changes in designation herein provided for shall in no wise exempt the individuals affected from the provisions of section one hundred and sixtysix hereof. Civil service examinations for protectors of all grades shall be confined to counties. (Added by L. 1912, ch. 318, and amended by L. 1913, ch. 508, L. 1914, ch. 92, L. 1915, ch. 318, L. 1918, ch. 438, L. 1920, ch. 549, L. 1921, ch. 328, and L. 1923, ch. 288, in effect July 1, 1923.) §§ 169, 170. Game protectors; powers; records. L. 1921, ch. 328 § 169. Powers of game protectors and state police.-Inspectors and game protectors, the members of the state police and forest rangers shall enforce all laws relating to fish, birds and quadrupeds; all laws of boards of supervisors relating to the same; and shall have power to execute all warrants and search warrants issued for a violation of this article; to serve a subpoena issued for the examination and investigation or trial of offenses against any of the provisions of said law; to make search where they have cause to believe that fish, birds or quadrupeds, or any parts thereof, are possessed in violation of law, and without search warrant to examine the contents of any boat, car, automobile or other vehicle, box, locker, basket, creel, crate, game bag or other package, and the contents of any building other than a dwelling house, to ascertain whether any of the provisions of this article or of any law for the protection of fish, shell-fish, birds or quadrupeds have been or are being violated, and to use such force as may be necessary for the purpose of such examination and inspection; and with a search warrant to search and examine the contents of any building or dwelling house; seize all quadrupeds, birds or fish, or any parts thereof possessed in violation of the law, or showing evidence of illegal taking, and seize and confiscate all devices used in taking fish, game or wild animals illegally, and hold the same subject to the order of the commission; to arrest without warrant any person committing a misdemeanor under the provisions of this article in their presence, and take such person immediately before a magistrate having jurisdiction for trial, and to exercise such other powers of peace officers, in the enforcement of the provisions of this chapter, or of judgments obtained for violation thereof, as are not herein specifically provided. Any inspector, regular or special game protector, member of the state police, district forest ranger, forest ranger or inspector who shall compromise or settle any violation of the fish and game law out of court, or except as provided by section thirty-six of this chapter, without the order of the commission, shall be guilty of a misdemeanor. (Added by L. 1912, ch. 318, and amended by L. 1916, ch. 521, L. 1918, ch. 438 and L. 1921, ch. 328, in effect July 1, 1921.) § 170. Records and reports.-The chief game protector, deputy chief game protector and inspectors shall make such reports as are required by the commission. Each game protector shall keep a daily record of his official acts, and report the same at the close of each week to the inspector of his division, and similarly report at the close of each month to the chief game protector. Each member of the state police shall keep a daily record of his official acts, and report the same at the close of each week to the superintendent of state police, who shall similarly report at the close of each month to the chief game protector. The salary and traveling expenses of a game protector shall not be payable except upon certificate of the chief game protector that such protector has made the required report and properly performed his duty. (Added by L. 1912, ch. 318, |