176 FORESTRY INVESTIGATIONS U. S. DEPARTMENT OF AGRICULTURE. 



become anil bo 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. 



SEC. !. A person who reserves timber as herein provided is not entitled to any compensation for the value of 

 the laud purchased or taken and appropriated by the State, nor for any damages caused thereby, until : 



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 writteu instrument filed with the forest preserve board; and 



3. The forest preserve board is satisfied that no trespass on State lands has been committed by such owner or 

 his assigns or representatives; 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 pur- 

 pose of removing such timber. 



SEC. 10. A warrant shall not be drawn by the comptroller for the amount of compensation agreed upon between 

 the owner and the forest preserve board, nor for the amount of a judgment rendered by the court of claims, until a 

 further certificate by the board is filed with him to the e fleet 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. 



SEC. 11. The forest preserve board may settle and adjust any claims 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 tres- 

 passes or otherwise, and the amount of such damages or penalties so adjusted shall bo deducted from the original 

 compensation agreed to be paid for the lands, or for damages, or from a j ndgmeut rendered by the court of claims on 

 account of the appropriation of such land. A judgment recovered by the State for sueh a trespass or for a penalty 

 shall likewise be deducted from the amount of such compensation or judgment. , 



SKC. 12. If timber is reserved upon land purchased or appropriated as provided by this act, interest is not 

 payable upon the purchase price or the compensation which may be awarded for the value of such laud or for 

 damages caused by such appropriation, except as provided in section six. 



SEC. 13. Persons entitled to cut and remove timber under this act may use streams or other waters belonging 

 to the State within the forest preserve for the purpose of removing such timber, under such regulations and condi- 

 tions 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. 



SKC. 14. If timber be reserved, its value at the time of making an agreement between the owner and the forest 

 preserve board for the value of the land so appropriated and the damages caused thereby, 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 agree- 

 ment or by the judgment rendered upon such a claim. 



SEC. 15. The forest preserve board may appoint inspectors to examine the lands upon which timber is reserved 

 and ascertain and report to 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. 



SEC. 16. The forest preserve board shall fix the compensation of all clerks, inspectors, or other assistants 

 employed by it, which compensation shall be paid by the treasurer, upon the certificate of the board and the audit 

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



SEC. 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 incumbranco 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 purpose of this section shall be 

 paid by the treasurer upon the certificate of the board and the audit and warrant of the comptroller. 



SEC. 18. If an oft'er is made by the forest preserve board for the value of land appropriated, or for damages 

 caused by such appropriation, and such oft'er 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. 



SEC. 19. When a judgment for damages is rendered for the appropriation of any lands or waters for the pur- 

 poses specified in this act, and it appears that there is any lien or inciimbrance upon the property so appropriated, 

 the amount of such lien shall bo stated 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 bo paid and distributed to the persons entitled to the same as directed by the judgment. 



SEC. 20. If a person cuts down or carries off any wood, bark, underwood, 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 sueh an action the board may recover 



