244 Report of the Forest Commission. 



destroying any such Dotice shall forfeit to the people of the state the 

 sum of five dollars for every such offense. 



§ 103. Sale of timber on forest preserve. The forest commissioners 

 may sell any spruce and tamarack timber which is not less than twelve 

 inches in diameter at a height of three feet above the ground, standing 

 in any part of the forest preserve, and poplar timber of such size as the 

 forest commission may determine, and the proceeds of such sales shall 

 be turned over to the state treasurer, by whom they shall be placed to 

 the credit of the special fund established for the purchase of lands 

 within the Adirondack park. 



§ 104. Accounts and annual report of forest commission. All income 

 derived from state forest lands shall be paid over by the forest commis- 

 sion to the treasury of the state, and a strict account shall be kept of all 

 receipts and expenses of the commission, which account shall be audited 

 by the comptroller. The commission shall annually, in the month of 

 January, make a written report to the legislature of their receipts and 

 expenses, and of all their proceedings, with such recommendations of 

 further legislative or official action as they may deem proper. 



§ 105. Partition of lands. Whenever the state owns an undi- 

 vided interest with any person in lands of the forest preserve, or 

 holds and is in possession of such lands as joint tenant or tenant in 

 common with any person who has a freehold estate therein, the attorney- 

 gereral shall, on the request of the forest commission, bring an action 

 in the name of the people of the state for the actual partition of such 

 land; and on the written consent of the forest commission any such 

 person may maintain an action for the actual partition of such land in 

 the same manner as if the state were not entitled to exemption from 

 legal proceedings, and service of process in such action upon the 

 attorney general shall be deemed service upon the state. Such actions, 

 the proceedings and judgment therein, and the proceedings under the 

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

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

 actions, except that no costs against the state shall be allowed in such 

 actions, and no sale of such lands shall be adjudged therein. The forest 

 commission may without action, but with the consent of the comptroller, 

 agree with any person or persons owning lands within the forest 

 preserve jointly or as tenants in common with the state, for the 

 partition of such lands; and on such agreement and consent, the 

 comptroller shall make, on behalf of the people of the state, any con- 



