statement of the name, length and location of the stream shall be given to the commission by the person, or if by public authority, by the official directing or permitting the work. 209. Fishways ordered.-The commission may by an order entered in their minutes and served by copy on any person or official direct the construction of fishways in proper form in any dam, or if there be fishways, such changes therein as will make them efficient. Any person or official receiving such an order may on notice to the commission, apply to be relieved therefrom to the supreme court, which shall have power to affirm, reverse or modify the same as justice requires. § 210. Fishways in Saint Lawrence and Franklin counties.— No person shall maintain on a river in Saint Lawrence or Franklin county except the Oswegatchie above the natural dam at Gouverneur a dam without a slide, apron, waste-gate or other passage sufficent to permit the passage of such fish as enter the mouth of the river on which the dam is located. And no such slide, apron, waste-gate or other passage shall be closed or obstructed after the ice goes out in the spring and before June first, except so far as necessary to supply water to mills dependent on such dam. A person who violates any provision of this section is liable to a penalty of five dollars for every day such violation continues. § 211. Penalties.- In case of the failure, refusal or neglect of any person owning or maintaining a dam, to comply with the order of the commission to build, repair or change any fishway, or if reviewed by the court, the final order relating thereto, the commission may build, repair or change the same in accordance with the terms. of the order, and in the name of the people, recover of such person the expenses of such construction, repairs or changes, and the same shall be a lien on the premises upon which the dam is located. Such person shall also be liable to a penalty of ten dollars a day for each day such dam shall be used or maintained in violation of the order. which may be recovered in the same or a separate action. §§ 216-217 Article XIII. ARTICLE XIII. FORESTS AND PUBLIC Parks. SECTION 216. Forest preserve. 217. Adirondack park. 218. Saint Lawrence reservation. 219. Deer parks in the Catskills. 220. Powers of commission. 221. Right of partition. 222. Trespass on forest preserve. 223. Purchases in Adirondack park. 224. Proceeds of lands in the forest preserve. 225. Fire wardens and fire districts. 226. Duties of fire wardens. 227. Compensation of fire wardens and others employed at fires. 228. Railroads in forest lands. 229. Fires to clear land. 230. Forest fires prohibited. 231. Superintendent of forests, and other officials. 232. Duties of superintendent of forests, and his assistants. 289. Compensation of forest officials. § 216. Forest preserve.-The forest preserve shall include the lands owned or hereafter acquired by the state within the county of Clinton, except the towns of Altona and Dannemora, and the counties of Delaware, Essex, Franklin, Fulton, Hamilton, Herkimer, Lewis, Oneida, Saratoga, Saint Lawrence, Warren, Washington, Greene, Ulster and Sullivan, except 1. Lands within the limits of any village or city, and 2. Lands not wild lands acquired by the state on foreclosure of mortgages made to loan commissioners. § 217. Adirondack park.-The Adirondack park shall include 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 towns of Webb and Wilmurt in the county of Herkimer; the towns of Hopkinton, Colton, Clifton and Fine, in the county of Saint Lawrence, and the towns of Johnsburg, Stony Creek and Thurman, and the islands in Lake George, in the county of Warren. Forests and Public Parks. §§ 218-221 Such park shall forever be reserved and maintained for the free use of all the people. (As amended by chap. 608 of 1900.) § 218. Saint Lawrence reservation.-All that part of the river Saint Lawrence lying and being within the state, with the islands therein, and such lands along the shore thereof as are now owned by or shall hereafter be acquired by the state, is hereby constituted an international park which shall be known as the "Saint Lawrence reservation." § 219. Deer parks in the Catskills. The commission shall establish in the forest preserve in the counties of Delaware, Greene, Sullivan and Ulster not more than three deer parks for breeding deer and wild game. The commission may purchase and place in such parks deer or other game. No game shall be taken in any such park for five years after it is established. The commission may at any time enlarge the boundaries of said parks and may receive private subscriptions and expend the same as public moneys for the purposes named, or to purchase lands in such parks. § 220. Powers of commission.-The commission shall1. Have the care, control and supervision of the forest preserve and all public parks described in this article; and make from time to time rules for the use, care and administration thereof and enforce the same; but no such rule shall affect the free use of any road or waterway as the same may have been heretofore lawfully used, or may be reasonably required in the prosecution of lawful business. 2. Lay out roads and paths in such public parks and issue licenses on such terms as it may impose for guides or other persons engaged in business therein. 3. Possess all the powers relating to the forest preserve and the Adirondack park which were vested in the commissioners of the land office and in the comptroller on May fifteenth, eighteen hundred and eighty-five. 4. Make rules for the prevention of forest fires and cause the same to be posted in all proper places throughout the state. 5. Prepare and distribute tracts giving information on the care and renewal of private woodlands, and with the approval of the superintendent of public instruction and the regents of the university, supply to schools, academies and colleges the means of instruction in forestry. 8 221. Right of partition.-Whenever the state owns an undivided interest in lands in the forest preserve, or is in possession of such lands as joint tenant or tenant in common with another having a freehold estate therein, the attorney general shall on the request of the commission, bring an action in the name of the people for the actual partition thereof. On the written consent of the commission, a co-tenant may maintain an action for the actual partition of such land, making the state a party defendant, and service of process upon the attorney general shall be deemed service upon the state. Lands shall not be sold in such an action nor shall costs be allowed against the state. Actual partition of such lands may be made by the commission subject to the approval of the comptroller who may in the name of the people, make any conveyance necessary or proper in such partition. Such conveyances shall be recorded in like manner as conveyances made by commissioners of the land office. § 222. Trespass on forest preserve.-Actions may on the order of a commissioner or the chief game protector, be maintained in the name of the people through special counsel whose compensation shall be fixed by the commission, to recover damages for trespass or waste on lands in the forest preserve, or to prevent trespass or injury thereto with relief by temporary or final injunction; or to recover possession of lands belonging to the state within the forest preserve. Moneys recovered in such an action shall be paid to the commission which after paying the expenses of collection, shall on the certificate of the chief game protector pay to the game protector upon whose information the action was brought, twenty-five dollars, or if the net balance be less than fifty dollars, one-half thereof. A person who cuts or carries away any tree, timber, wood or bark from state lands in the forest preserve is guilty of a misdemeanor; he shall also be liable to a penalty of ten dollars for each tree cut, taken away or destroyed by him, or under his direction. The penalty so incurred may be recovered in the action to recover damages for trespass or in a separate action. § 223. Purchases in Adirondack park.-Subject to the approval of the commissioners of the land office, the commission may 1. Contract for the purchase of lands by the state within the Adirondack park subject to such reservation as may be agreed upon during the ten years next following the date of the contract, except the removal of trees under twelve inches in diameter three feet from the ground; 2. Contract that such lands not owned by the state, shall in consideration of exemption from taxation for state and county pur Forests and Public Parks. §§ 224-226 poses, become public as part of the park in like manner as state lands. Such a contract must provide against the removal of live timber except spruce, tamarack or poplar, more than twelve inches in diameter three feet from the ground and may reserve to the owner the right to clear not more than one acre within each one hundred acres of land, and may contain such other reservations for occupancy as may be agreed upon. The approval of the commissioners. of the land office must appear on any such contract by the certificate of their clerk. Every conveyance to the state made as herein provided must before it is accepted, be certified by the attorney general to be in conformity with the contract. Such conveyances shall be recorded in like manner as conveyances made by commissioners of the land office. 8224. Proceeds of lands in the forest preserve.- Moneys received from the sale or lease of lands forming part of the forest preserve shall be available only for the purchase of lands to extend the same, and expenses incidental to such purchase and shall not be paid except upon the order of the commission and audit of the comptroller. §224a. aaxed 1901 C. 326. 225. Fire wardens and fire districts.-The commission shall from time to time in every town having lands which are part of the forest preserve, and may in every town having lands which would become part of the forest preserve if acquired by the state, appoint a fire warden who shall act during the pleasure of the commission. When required by the commission, such fire warden shall, and any such fire warden may establish two or more fire districts in his town. He may also by a written appointment filed in the town clerk's office, from time to time appoint a resident citizen in each district as district fire warden who shall act during the pleasure of the fire warden. Such districts shall be established by filing in the town clerk's office a map showing the boundaries thereof, and by posting a duplicate map in a public place in the town. The cost of such maps not exceeding ten dollars shall be a town charge. In every other town the supervisor shall be fire warden by virtue of his office. If the supervisor be absent when fire occurs, or fail to act, any justice of the peace in the town may act as fire warden. § 226. Duties of fire wardens.- Under the commission a fire warden is charged with preventing and extinguishing forest fires in his town. In case of fire in or threatening forest or woodland, the district fire warden, if any, or if none, the fire warden shall |