Report of the Forest Commission. 249 



serve. Everyperson violating the provisions of this section relating 

 to the cutting or carrying away any timber, trees or bark, shall forfeit 

 to the state the sum of twenty-five dollars for every tree cut or carried 

 away by him or under his direction. The forest commission may, with the 

 consent of the attorney-general and the comptroller, 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 sb 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. A preliminary or final injunction shall, on appli- 

 cation in an action brought by or at the instance of the forest com- 

 mission, be granted restraining any act of trespass, waste or destruc- 

 tion upon the forest preserve. All such actions for the prosecution 

 shall be brought in the county where the trespass is alleged to have 

 been committed. 



§ 113. Penalty for setting fire to forest lands. Any person who shall 

 willfully or negligently set fire to, or assist another to set fire to, any 

 waste or forest lands belonging to the state or to another person, 

 whereby such forests are injured or endangered; or who suffers any fire 

 upon his own lands to escape or extend beyond the limits thereof to 

 the injury of the woodlands of another or of the state, shall forfeit 

 to the state for every such offense not less than fifty dollars nor more 

 than five hundred dollars, and be liable to the person injured for all 

 damages that may be caused by such fires. 



§ 114. Arrest of offenders without warrant. The fortst superintend- 

 ent, inspectors, foresters, and other pe^ons acting upon the forest pre- 

 serve under the written employment of the superintendent or of the 

 forest commission, may, without warrant, arrest any person found 

 upon the forest preserve violating any of the provisions of this article, 

 and forthwith take the person so arrested before a magistrate having 

 jurisdiction to issue warrants in such cases, and there make or procure 

 to be made a complaint in writing, on which complaint the magistrate 

 shall act as the case may require. 



§ 115. Deer parks in the Catskill region. The forest commission 

 shall set apart tracts of land not exceeding three, of such size as they 

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