FISHERIES, GAME AND FORESTS. 



44I 



in his opinion : " I decide and find that the complaint in the above entitled action 

 should be dismissed upon the grounds: That the land in controversy to recover 

 which the action has been brought, are within the Forest Preserve of the State of New 

 York, and are claimed, and held by said State under certain tax sales ; that the 

 Commissioners of Fisheries, Game and Forests have, by authority of statute, the care, 

 custody, control and superintendence of said lands; that the Comptroller of the State 

 is not in such possession or occupancy either constructive or actual of the lands in the 



WHERE THE. DEER COME TO FEED. 



Forest Preserve, including the lands in question, that the tide of the State to said land 

 can be tested in an action of ejectment brought against said Comptroller; that the 

 State has not given its consent that its title to land in the Forest Preserve or its 

 possession thereof can be questioned or tested by way of an action of ejectment 

 against the Comptroller of the State ; that the statutory provisions authorizing the 

 Comptroller to advertise once a week, for at least three weeks successively a list of 

 the wild, vacant and forest lands to which the State holds title, does not give the State's 

 consent that the Comptroller place himself in such possession of lands so advertised 



