§ 280. Actions for trespass upon forest preserve and disposition of penalties.-The board of fisheries, game and forest may bring, in the name of the people of the state, any action to prevent trespass upon, or injury to the forest preserve, and recover damages therefor, or to recover lands properly forming a part of the forest preserve, and occupied or held by persons not entitled thereto, or for the maintenance and protection of the forest preserve which any owner of lands would be entitled to bring, or for cutting or carrying away or causing to be cut or assisting to cut or carry away, any tree, bark or timber within the forest preserve, or removing any tree, wood, timber or bark or any portion thereof from such forest preserve, or from any land or lands now owned by the state or which may hereafter be acquired by the state. Every person violating the provisions of this section, relating to the cutting or carrying away any wood, timber, tree or bark, shall be deemed guilty of a misdemeanor, and in addition shall forfeit to the state the sum of ten dollars for every tree, cut or carried away by him, or by any person in his employ or under his direction. The board of fisheries, game and forest may employ attorneys and counsel to prosecute any such action of trespass or damage to the state or of forest land or to defend any such action brought against the board or any of its members, or any person acting under or by authority of the board of fisherics, game and forest, arising out of their or his official conduct with relation to the forest preserve, together with all lands, now owned or which may hereafter be acquired by the state. The compensation of such attorneys and counsel shall be fixed by the board. A preliminary or final injunction shall, on appli cation in an action brought by or at the instance of the board of fisheries, game and forest, be granted restraining any act or trespass, waste or destruction upon the forest preserve or other lands owned by the state or which may hereafter be acquired by the state. All such actions shall be brought in the county where the trespass is alleged to have been committed, the same as other actions are now brought, by or under the direction of either of the commissioners of fisheries, game and forest, or on order of the chief fish and game protector and forester, in the manner provided in section two hundred and thirty-one of chapter nine hundred and seventy-four of the laws of eighteen hundred and ninety-five. Witness and other fees and disbursements and full costs shall be recovered in any judgment in favor of the people, under this act, at the rate fixed by section three thousand two hundred and fifty-one of the code of civil procedure, without regard to the amount recovered. All moneys recovered under the provisions of this chapter, either upon criminal or civil prosecution, shall be paid to the board of commissioners, to be by it disposed of as hereinafter provided, and it shall be the duty of every person to whose hands such money shall come, to forthwith pay over the same to the said commission, and in case of failure so to do, such money may be recovered from such person in the name of the people by the commission. The commission shall dispose of the fines and penalties received by them as follows: They shall deduct all expenses incurred in the prosecution or collection of such fines and penalties, and shall pay to the protector and forester, or special protector or forester, upon whose information the action was brought, one-half of all recoveries, less the costs where the total net amount recovered, upon such information, does not exceed fifty dollars. Such payments shall be made on the certificate of the chief game protector and forester that such protector and forester is entitled thereto. The remainder of the moneys shall be used in the employment of surveyors and other persons in assisting in procuring evidence to establish cases of trespass, and other violations of this chapter, and in payment of expenses of enforcing the laws for the preservation of fish and game on the certificate of the chief protector and forester, or for such other purposes within the scope of this chapter as the board may determine, provided that the board of commissioners of fisheries, game and forest shall deposit all moneys received for violations of the fish, game and forest laws, and on account of trespasses of the state land, in some bank in the city of Albany, to be approved by the comptroller. The board shall render to the comptroller, on or before the tenth day of each month, an itemized monthly account, showing its receipts and disbursements on account of such fines and penalties, with the names of the persons from whom recovered, and to whom paid, which account shall also include the balance in the bank on the last day of the preceding month. § 2. This act shall take effect immediately. Chap. 116. AN ACT to accept a deed of gift from Henry Clews and Lucy Madison Clews to the people of the state of New York for land within the Adirondack park. BECAME a law March 25, 1896, with the approval of the Governor. Passed, a majority being present, The People of the State of New York, represented in Senate and Assembly, do enact as follows: of deed termis and Section 1. The deed of gift or conveyance made and executed Acceptance the twenty-ninth day of March, eighteen hundred and ninety- to state. five, by Henry Clews and Lucy Madison Clews, his wife, to the people of the state of New York, conveying to the said people certain land in the Adirondack park, known as the John Brown farm, in the town of North Elba, in the county of Essex, being the greater part of lot number ninety-five, Thorn's survey of township number twelve, old military tract, which deed was delivered by the grantors to the comptroller of this state, is hereby accepted upon the terms and conditions therein mentioned, Subject to namely, that the land therein and thereby conveyed shall be and conditions. continue to be dedicated and used for the purposes of a public park or reservation forever, and that the said Henry Clews, or his agents, may enter upon the said land and erect thereon, near the grave of John Brown, a tablet with such inscription as they, in their discretion, may deem proper; and the land in said con- and care veyance described is hereby declared to be and shall be deemed to be in the actual possession of the comptroller, but subject to the care, custody, control and superintendence of the fisheries game and forest commission. § 2. This act shall take effect immediately. Possession of lands. Expenditure of moneys, authorized. Chap. 137. AN ACT making appropriation and authorizing the expenditure of certain moneys for the completion of the interior work and equipment of the mess-hall, chapels, hospitals, kitchens, storehouses, bath-houses, laundry and state shops contained in the new buildings at Sing Sing prison, authorized by chapter four hundred and eighty-seven of the laws of eighteen hundred and ninety-four, and by chapter ninety-six of the laws of eighteen hundred and ninety-five. BECAME a law March 27, 1896, with the approval of the Governor Passed, three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: Section 1. The sum of seventy-five thousand dollars, or as much thereof as may be necessary, is hereby authorized to be expended by the superintendent of state prisons, out of the moneys received by the agent and warden of said Sing Sing prison, as the proceeds of the labor of the prisoners and the sales of articles manufactured by them, now standing to the credit of the said agent and warden in the bank or banks designated for Purposes. such deposits, in completing the interior work and equipping the Moneys how ac mess-halls, chapels, hospitals, kitchens, store-houses, bath-houses, laundry and state shops, contained in the new buildings authorized to be built by chapter four hundred and eighty-seven, laws of eighteen hundred and ninety-four, and chapter ninety-six of the laws of eighteen hundred and ninety-five; also in building an addition to the clerk's office of said prison. § 2. The moneys authorized to be expended under the first counted for. section of this act will be drawn from the bank and accounted for in the same manner as moneys drawn for the maintenance of the industries carried on in the said prison, and as provided by the laws relating thereto. § 3. This act shall take effect immediately. Chap. 139. AN ACT to amend chapter three hundred and seventy-eight of the laws of eighteen hundred and eighty-three, entitled "An act in relation to receivers of corporations." BECAME a law March 27, 1896, with the approval of the Governor. Passed, threefifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: amended. Section 1. Section four of chapter three hundred and seventy- Act eight of the laws of eighteen hundred and eighty-three, entitled "An act in relation to receivers of corporations," is hereby amended so as to read as follows: of receipts and ex costs, etc., § 4. It shall be the duty of every receiver of an insurance, Account banking or railroad corporation, or trust company, to present peuses. every six months to the special term of the supreme court, held in the judicial district wherein the place of trial or venue of the action or special proceeding in which he was appointed may then be, on the first day of its first sitting, after the expiration of such six months, and to file a copy of the same, if a receiver of a bank or trust company, with the bank superintendent; if a receiver of an insurance company, with the superintendent of insurance; and in each case with the attorney-general, an account exhibiting in detail the receipts of his trust, and the expenses paid and incurred therein during the preceeding six months; and it Payment of shall be unlawful for any receiver of the character specified in without this section to pay to any attorney or counsel any costs, fees or prohibited. allowances until the amounts thereof shall have been stated to the special term in this manner, as expenses incurred, and shall have been approved by that court, by an order of the court duly entered; and any such order shall be the subject of review by the appellate division and the court of appeals on an appeal taken therefrom by any party aggrieved thereby. Of the intention to Notice of present such account, as aforesaid, the attorney-general, and also to present the surety or sureties on the official bond of such receiver, shall be given eight days' notice in writing; and the attorney-general Examina shall examine the books and accounts of such receiver at least books by once every twelve months. general. approval intention accounts. tion of attorney 2. This act shall take effect immediately. |