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FORESTS TO BE PROTECTED AND PROMOTED. POWERS OF LAND OFFICE AND 

 COMPTROLLER TRANSFERRED TO FOREST COMMISSION. RULES GOVERNING 

 FOREST PRESERVE. 



9. The forest commission shall have the care, custody, control and superin- 

 tendence of the forest preserve. It shall be the duty of the commission to main- 

 tain and protect the forests now on the forest preserve, and to promote as far as 

 practicable the further growth of forests thereon. It shall also have charp-e of 



j. (3 



the public interests of the State, with regard to forest and tree planting, and 

 especiallv with reference to forest fires in every part of the State. It shall have 

 as to all lands now or hereafter included in the forest preserve, but subject to the 

 provisions of this act, all the powers now vested in the commissioners of the 

 land office and in the comptroller as to such lands as are now owned by the State. 

 The forest commission may, from time to time, prescribe rules or regulations, and 

 may from time to time alter or amend the same, affecting the whole or any part 

 of the forest preserve, and for its use, care and administration ; but neither such 

 rules or regulations, nor anything herein contained, shall prevent or operate to 

 prevent the free use of any road, stream or water as the same may have been 

 heretofore used, or as ma}' be reasonably required in the prosecution of any law- 

 ful business. 



OFFICERS MAY ARREST, WHEN. 



. 10. The forest warden, forest inspectors and other persons acting upon the 

 forest preserve, under the written employment of the forest warden or of the 

 forest commission, may, without warrant, arrest any person found upon the forest 

 preserve violating any of the provisions of this act ; but in case of such arrest, 

 the person making the arrest shall forthwith take the person arrested before the 

 nearest magistrate having jurisdiction to issue warrants in such case, and there 

 make, or procure to be made, a complaint in writing, upon which complaint the 

 magistrate shall act as the case may require. 



ACTION TO RECOVER DAMAGES AND FOR TRESPASS. TRESPASS DEFINED. ATTOR- 

 NEYS, How EMPLOYED. UNDER DIRECTION OF ATTORNEY-GENERAL. 



11. The forest commission may bring, in the name or on behalf ot the 

 people of the State of New York, any action to prevent injury to the forest 

 preserve or trespass thereon, to recover damages for such injury or trespass, to 

 recover lands properly forming part of the forest preserve, but occupied or held 

 by persons not entitled thereto, and in all other respects for the protection and 

 maintenance of the forest preserve, which an}' owner of land would be entitled to 

 bring. The forest commission may also maintain, in the name or on behali of 

 the people of the State, an action for the trespass specified in section seventy- 

 four, article fifth, title five, chapter nine, part one of the revised statutes, when 

 such trespass is committed upon any lands within the forest preserve. In such 

 action there shall be recoverable the same penalty, and a like execution shall 

 issue, and the defendant be imprisoned thereunder without being entitled to the 

 liberties of the jail, all as provided in sections seventy-four and seventy-six of the 

 said article ; and in such action the plaintiff shall be entitled to an order of arrest 

 before judgment as in the cases mentioned in section five hundred and forty-nine 

 of the code of civil procedure. The trespass herein mentioned shall be deemed to 

 include in addition to the act specified in the said section seventy-four, any act 

 of cutting or cause to be cut, or assisting to be cut any tree or timber sta nling 

 within the forest reserve, or any bark thereon, with intent to remove such tiv.> 

 or timber, or any portion thereof, or bark therefrom, from the said forest pre- 

 serve. With the consent of the attorney-general and the comptroller, the forest 



