FISHERIES. GAME AND FOREST LAW. 275 



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 carrving away anv wood, timber, tree or bark, shall be deemed guilty of a misde- 

 meanor, 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 

 fisheries, 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 application 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 even' 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 



