224 



commission may employ attorneys and counsel to prosecute any such action, or to- 

 defend any action brought against the commission, or any of its members or 

 subordinates, arising out of their or his official conduct with relation to the forest 

 preserve. Any attorney or counsel so employed shall act under the direction of 

 and in the name of the attorney-general. Where such attorney or counsel is not 

 so employed, the attorney -general shall prosecute and defend such actions. 



INJUNCTIONS. 



12. In an action brought by or at the instance of the forest commission, an 

 injunction, either preliminary or final, shall upon application be granted 

 restraining any act of trespass, waste or destruction upon the forest preserve. 



PARTITION. ACTION FOR, HOW BROUGHT. EFFECT OF. AGREEMENT FOR. 



13. Whenever the State owns or shall own an undivided interest with any 

 person in any land within the counties mentioned in section seven of this act, or 

 is or shall be in possession of any such land as joint tenants or tenants in common 

 with any person who has an estate of freehold therein, the attorney general shall, 

 upon the request of the forest commission, bring an action in the name of the 

 people of the State of New York for the actual partition of the said lands 

 according to the respective rights of the parties interested therein; and upon 

 the consent in writing of the forest commission, any such person may maintain 

 an action for the actual partition of such lands, according to the respective rights 

 of the parties interested therein, in the same manner as if the State were not 

 entitled to exemption from legal proceedings, service of process in such actions 

 upon the attorney-general to be deemed service upon the State. Such actions, 

 the proceedings and the judgment therein, and the proceedings under the 

 judgment therein shall be according to the practice at the time prevailing in 

 actions of partition and shall have the same force and effect as in other actions, 

 except that no costs shall be allowed to the plaintiff in such actions, and except 

 that no sale of such lands shall be judged therein. 'The foiest commission, may 

 without suit, but upon the consent of the comptroller, agree with any person or 

 persons owning land within the said towns jointly or as tenants in common with 

 the State for the partition of such lands and upon such agreement and consent, 

 the comptroller shall make on behalf of the people of the State any conveyance 

 necessary or proper in such partition, such conveyance to be forthwith recorded 

 as now provided by law as to conveyances made by the commissioners of the 

 land office. 



INCOME. 



14. All incomes that may hereafter be derived from State forest lands shall 

 be paid over by the forest commission to the treasury of the State. 



EXPENSES. 



15. A strict account shall be kept of all receipts and expenses, which 

 accounts shall be audited by the comptroller, and a general summary thereof 

 shall be reported annually to the legislature. 



ANNUAL REPORT. 



10. The forest commission shall in January of every year, make a written 

 repoit to the legislature of their proceedings together with such recommendations, 

 of iurther legislative or official action as they may deem proper. 



