237 



Act, be forever reserved, maintained and cared for as ground open for the free 

 use of all the people for their health or pleasure, and as forest lands necessary 

 to the preservation of the headwaters of the chief rivers of the State, and a future 

 timber supply. 



(2) For this purpose the forest commission shall have power, as herein pro- 

 vided, to contract for the purchase of lands situated within the County of Hamil- 

 ton, the Towns of Newconib, Minerva, Schroon, North Hudson, Keene, North 

 Elba, St. Armand and Wilmington, in the county of Essex ; the Towns of 

 Harrietstown, Santa Clara, Altamont, Waverly and Brighton, in the County of 

 Franklin ; the Town of Wilmurt, in the County of Herkimer ; the Towns of Hop- 

 kinton, Colton, Clifton and Fine in the County of St. Lawrence ; and the Towns of 

 Johnsburgh, Stony Creek and Thurman, in the County of Warren. 



(3) In any case where lands are situated within the towns specified in 

 section two, the purchase of which lands will in the opinion of the forest com- 

 mission, be advantageous to the State, but which cannot as shall appear to the 

 satisfaction of the forest commission, be bought on advantageous terms unless 

 subject to leasesor restrictions, or to the right to remove certain timber as hereinafter 

 mentioned, the forest commission may make a contract for the purchase of such 

 lands, providing that the contract and the deed or deeds to be made in pursuance 

 thereof, shall be subject to such leases, restrictions or right. But no lands shall 

 be so purchased subject to any right to remove hard-wood timber, or any 

 trees of soft-wood with a diameter of less than ten inches at the height of three feet 

 from the ground, 01 subject to any rights, leases or restrictions, or the right to 

 remove any timber after the period of ten years from the date of the convey- 

 ance. 



(4) The forest commission shall have power, from time to time, due notice 

 having been given, to contract to sell and convey any portion of the lands within 

 so much of the forest preserve as is now, or hereafter may be situated within the 

 Counties of Clinton, Fulton, Lewis, Oneida, Saratoga, Washington, St. Lawrence, 

 Franklin (except the Town of Harrietstown), Herkimer (except the Town of 

 Wilmurt), Essex (except the Towns of Newcomb and North Elba), the Town of 

 Hope in the County of Hamilton, and the County of Warren (excepting, however, 

 therefrom, all islands in Lake George, and all land upon the shore thereof), the 

 ownership of which by the State is not, in the opinion of the forest commission, 

 needed to promote the purpose sought by this Act, or by chapter two hundred 

 and eighty-three of the laws of eighteen hundred and eighty-five. The proceeds 

 of all such sales, as in this section provided, shall be paid to the treasurer of the 

 State, and shall be held by him in a separate fund and as a special deposit, which 

 shall at all times be available to the forest commission for the purpose of pur- 

 chasing lands situated within the towns mentioned in section two of this Act at 

 such price per acre as may be determined by the forest commission and approved 

 by the commissioners of the land office as hereinafter provided. 



(5) All conveyances of lands belonging to the State which are to be delivered 

 in pursuance of any contract authorized by section four, shall be executed by the 

 comptroller and may contain such v restrictions, reservations or covenants as the 

 forest commission shall deem to be promotive of the purposes sought by this Act, 

 or by chapter two hundred and eighty-three, laws of eighteen hundred and 

 eighty-five. No contract made in pursuance or under the authority of this 

 Act shall take 'effect until the same shall have been approved by the commissioners 

 of the land office, such approval to be appended to the copy of the resolution of 

 the forest commission authorizing such contract and certified by the clerk of the 

 commissioners of the land office. 



