to be known as "the forest preserve board." The members of such board may be removed by the governor at his pleasure. Vacancies shall be filled in like manner as an original appointment. The members of the board shall not receive any compensation for their services under this act, but shall receive their actual and necessary Assistants. expenses to be audited by the comptroller. The board may employ such clerical and other assistants as it may deem necessary. The forest preserve board annually in the month of January shall make a written report to the governor showing in detail all its transactions under this act during the preceding calendar year.

Annual report.

Acquisition of

for state.

§ 2. It shall be the duty of the forest preserve board and it is la ds, etc., hereby authorized to acquire for the state, by purchase or otherwise, land, structures or waters or such portion thereof in the territory embraced in the Adirondack park, as defined and limited by the fisheries, game and forest law, as it may deem advisable for the interests of the state.

and appro

lands.

Entry upon § 3. The forest preserve board may enter on and take possession priation of of any land, structures and waters in the territory embraced in the Adirondack park, the appropriation of which in its judgment shall be necessary for the purposes specified in section two hundred and ninety of the fisheries, game and forest law, and in section seven of article seven of the constitution.

Descrip

tion of

appro

priated.

appropria

tion.

§ 4. Upon the request of the forest preserve board an accurate lands to be description of such lands so to be appropriated shall be made by the state engineer and surveyor, or the superintendent of the state land survey, and certified by him to be correct, and such board or a majority thereof shall indorse on such description a certificate stating that the lands described therein have been appropriated by the state for the purpose of making them a part of the Adirondack park; and such description and certificate shall be filed Notice of in the office of the secretary of state. The forest preserve board shall thereupon serve on the owner of any real property so appropriated a notice of the filing and the date of filing of such description and containing a general description of the real property belonging to such owner which has been so appropriated; and from the time of such service, the entry upon and appropriation by the state of the real property described in such notice for the uses and purposes above specified shall be deemed complete, and thereupon such property shall be deemed and be the property of the state. Such notice shall be conclusive evidence of an entry and appropriation by the state. Record and The forest preserve board may cause duplicates of such notice with an affidavit of due service thereof on such owner to be recorded in the books used for recording deeds in the office of the clerk of any county of this state where any of the property described therein. may be situated, and the record of such notice and of such proof of service shall be evidence of the due service thereof.

service

thereof.

ment of

board.

§ 5. Claims for the value of the property taken and for damages Adjust caused by any such appropriation may be adjusted by the forest claims by preserve board if the amount thereof can be agreed upon with the owners of the land appropriated. The board may enter into an agreement with the owner of any land so taken and appropriated, for the value thereof, and for any damages resulting from such appropriation. Upon making such agreement the board shall deliver to the owner a certificate stating the amount due to him on account of such appropriation of his lands, and a duplicate of such certificate shall also be delivered to the comptroller. The amount so fixed shall be paid by the treasurer upon the warrant of the comptroller.

tion of

board of

of award

6. If the forest preserve board is unable to agree with the Presenta owner for the value of property so taken or appropriated, or on the claims to amount of damages resulting therefrom, such owner, within two claims. years after the service upon him of the notice of appropriation as above specified, may present to the court of claims a claim for the value of such land and for such damages, and the court of claims shall have jurisdiction to hear and determine such claim and render judgment thereon. Upon filing in the office of the comptroller a Payment certified copy of the final 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.

tion of

tumber.

§ 7. The owner of land to be taken under this act may, at his Reservaoption, within the limitations hereinafter prescribed, reserve the spruce spruce timber thereon ten inches or more in diameter at a height of three feet above the ground. Such option must be exercised within six months after the service upon him of a notice of the appropriation of such land by the forest preserve board, by serving upon such board a written notice that he elects to reserve the spruce timber thereon. If such a notice be not served by the owner within the time above specified, he shall be deemed to have waived his right to such reservation, and such timber shall thereupon become and be the property of the state. In case land is acquired by purchase, the spruce timber and no other may be reserved by agreement between. the board and the owner, subject to all the provisions of this act in relation to timber reserved after an appropriation of land by the forest preserve board. The presentation of a claim to the court of claims before the service of a notice of reservation, shall be deemed a waiver of the right to such reservation.

Limita

tons and

§ 8. The reservation of timber and the manner of exercising and conditions consummating such right are subject to the following restrictions, tion. limitations and conditions:

of reserva

Reserver

not entitled

sation

1. The reservation does not include or affect timber within twenty rods of a lake, pond or river, and such timber can not be reserved. Roads may be cut or built across or through such reserved space of twenty rods, under the supervision of the forest preserve board, for the purpose of removing spruce timber from adjoining land, and the reservation of spruce timber within such space shall be deemed a reservation by the owner, his assignee or representative, of the right to cut other timber necessary in constructing such road, but such reservation does not confer a right to remove such other timber so cut, or to use it otherwise than in constructing a road.

2. The timber reserved must be removed from the land within fifteen years after the service of notice of reservation, or the making of an agreement subject to regulations to be prescribed by the forest preserve board; but such land shall not be cut over more than once, and the said board may prescribe regulations for the purpose of enforcing this limitation. All timber reserved and not removed from the land within such time shall thereupon become and be the property of the state, and all the title or claim thereto by the original owner, his assigns or representatives, shall thereupon be deemed abandoned.

§ 9. A person who reserves timber as herein provided is not ento compen- titled to any compensation for the value of his land purchased or until, etc. taken and appropriated by the state, nor for any damages caused thereby, until:

Certificate to be filed

1. The timber so reserved is all removed and the object of the reservation fully consummated; or

2. The time limited for the removal of such timber has fully elapsed, or the right to remove any more timber is waived by a written instrument filed with the forest preserve board; and

3. The forest preserve board is satisfied that no trespass on state lards has been committed by such owner or his assigns or represertatives; that no timber or other property of the state not so reserved has been taken, removed, destroyed or injured by him or them, and that a cause of action in behalf of the state does not exist against him or them for any alleged trespass or other injury to the property or interests of the state; and

4. That the owner, his assignee, or other representative has fully complied with all rules, regulations and requirements of the forest preserve board concerning the use of streams or other property of the state for the purpose of removing such timber.

10. A warrant shall not be drawn by the comptroller for the before amount of compensation agreed upon between the owner and the forest preserve board, nor for the amount of a judgment rendered

drawing

warrant.

by the court of claims, until a further certificate by the board is filed with him to the effect that the owner has not reserved any timber or that he, his assignee, or other representative, has complied with the provisions of this act, or has otherwise become entitled to receive the amount of the purchase price, award or judgment.

trespass.

§ 11. The forest preserve board may settle and adjust any claims Claims for for damages due to the state on account of any trespasses or other injuries to property or interests of the state, or penalties incurred by reason of such trespasses or otherwise, and the amount of such damages or penalties so adjusted shall be deducted from the original compensation agreed to be paid for the lands, or for damages, or from a judgment rendered by the court of claims on account of the appropriation of such land. A judgment recovered by the state for such a trespass or for a penalty shall likewise be deducted from the amount of such compensation or judgment.

not pay

tain cases.

§ 12. If timber is reserved upon land purchased or appropriated Interest as provided by this act, interest is not payable upon the purchase price able in ceror the compensation which may be awarded for the value of such land or for damages caused by such appropriation, except as provided in section six.

waters for

timber.

13. Persons entitled to cut and remove timber under this act Use of may use streams or other waters belonging to the state within removing the forest preserve for the purpose of removing such timber, under such regulations and conditions as may be prescribed or imposed by the forest preserve board. The persons using such waters shall be liable for all damages caused by such use.

timber to

into con

§ 14. If timber be reserved, its value at the time of making an Value of agreement between the owner and the forest preserve board for the be taken value of the land so appropriated and the damages caused thereby, sideration. or at the time of the presentation to the court of claims of a claim for such value and damages, shall be taken into consideration in determining the compensation to be awarded to the owner on account of such appropriation either by such agreement or by the judgment rendered upon such a claim.

to examine

15. The forest preserve board may appoint inspectors to examine Inspectors the lands upon which timber is reserved and ascertain and report to lands. the board, from time to time, or whenever required, whether such timber is being removed in accordance with the provisions of this act, whether any trespasses or other violations of this act are being committed, and whether the persons entitled to the use of such waters for the purpose of removing timber have complied with the regulations and conditions relating thereto, prescribed or imposed by the board.

clerks, in

§ 16. The forest preserve board shall fix the compensation of all Pay of clerks, inspectors or other assistants employed by it, which com- spectors, pensation shall be paid by the treasurer, upon the certificate of the etc. Vol. I. 13

Removal. board and the audit and warrant of the comptroller. A person so appointed may be removed at the pleasure of the board.

Perfection of title.

Costs and disbursements.

stated in

§ 17. The forest preserve board shall take such measures as may be necessary or proper to perfect the title to any lands in the forest preserve now held by the state, and for that purpose may pay and discharge any valid lien or incumbrance upon such land, or may acquire any outstanding or apparent right, title, claim or interest which, in its judgment, constitutes a cloud on such title. The amounts necessary for the purposes of this section shall be paid by the treasurer upon the certificate of the board and the audit and warrant of the comptroller.

§ 18. If an offer is made by the forest preserve board for the value of land appropriated, or for damages caused by such appropriation, and such offer is not accepted, and the recovery in the court of claims exceeds the offer, the claimant is entitled to costs and disbursements as in an action in the supreme court, which shall be allowed and taxed by the court of claims and included in its judgment. If in such a case the recovery in the court of claims does not exceed the offer, costs and disbursements to be taxed shall be awarded in favor of the state against the claimant and deducted from the amount awarded to him, or if no amount is awarded judgment shall be entered in favor of the state against the claimant for such costs and disbursements. If an offer is not accepted, it can not be given in evidence on the trial.

Liens to be § 19. When a judgment for damages is rendered for the approjudgment. priation of any lands or waters for the purposes specified in this act, and it appears that there is any lien or incumbrance upon the property so appropriated, the amount of such lien shall be stated Deposit of in the judgment, and the comptroller may deposit the amount awarded to the claimant in any bank in which moneys belonging to the state may be deposited, to the account of such judgment, to be paid and distributed to the persons entitled to the same as directed by the judgment.

award.

Actions for despoi ing

§ 20. If a person cuts down or carries off any wood, bark, undertrees, etc. wood, trees or timber, or any part thereof, or girdles or otherwise despoils a tree in the forest preserve, without the permission of the forest preserve board, an action may be maintained against him. by the board in its name of office and in such an action the board Forfeiture may recover treble damages if demanded in the complaint. Every cut down, such person also forfeits to the state the sum of twenty-five dollars for every tree cut down or carried away by him or under his direction, to be recovered in a like action by the forest preserve board. All sums recovered in any such action shall be paid by the board to the state treasurer, and credited to the general fund.

for trees

etc.

Service of § 21. Service of a notice by the forest preserve board under section four must be personal if the person to be served can be found

notice.