Saint Lawrence Reserva tion.

Deer parks within the forest preserve.

Powers of

Commission.

of the Hardenburg patent; thence northerly along said line to the south bank of the Bataviakill; thence along the southerly bank of the Bataviakill easterly to the west line of the state land tract; thence northerly, easterly and southerly along the line of the said state land tract to the line between the towns of Cairo and Catskill; thence southwesterly along said town line to the easterly line of the town of Hunter; thence southerly along the said easterly line of the town of Hunter to the line of the Hardenburg patent; thence easterly, southerly and westerly along the general easterly line of the Hardenburg patent to the line between the towns of Olive and Rochester of Ulster county; thence easterly on said line to the point where the Mettacahonts creek crosses the same flowing easterly; thence southwesterly parallel with the northwesterly line of the town of Rochester to the line between the towns of Rochester and Wawarsing; thence westerly and southerly along the line of the Hardenburg patent to the place of beginning. Such park shall forever be reserved and maintained for the free use of all the people.

Sec. 218. All that part of the river Saint Lawrence lying and being within the state, with the islands therein, and such lands along the shore thereof as are now owned by or shall hereafter be acquired by the state, is hereby constituted an international park, which shall be known as the " Saint Lawrence Reservation." Sec. 219. The commission shall establish in the forest preserve in the counties of Delaware, Greene, Sullivan and Ulster not more than three deer parks for breeding deer and wild game. The commission may purchase and place in such parks deer or other game. No game shall be taken in any such park for five years after it is established. The commission may at any time enlarge the boundaries of said parks and may receive private subscriptions and expend the same as public moneys for the purposes named, or to purchase lands in such parks.

Sec. 220. The commission shall

Care for the 1. Have the care, control and supervision of the forest preserve forest preserve. and all public parks described in this article; and make from time to time rules for the use, care and administration thereof and enforce the same; but no such rule shall affect the free use of any road or waterway as the same may have been heretofore lawfully used, or may be reasonably required in the prosecution of lawful business.

Make roads and trails.

Have powers

2. Lay out roads and paths in such public parks and issue licenses on such terms as it may impose for guides or other persons engaged in business therein.

3. Possess all the powers relating to the forest preserve and the originally in Adirondack Park which were vested in the commissioners of the

commissioners

of the land land office and in the comptroller on May 15, 1885.

office.

Forest fires. 4. Make rules for the prevention of forest fires and cause the same to be posted in all proper places throughout the state.

Publish information.

5. Prepare and distribute tracts giving information on the care and renewal of private woodlands, and with the approval of the superintendent of public instruction and the regents of the University, supply to schools, academies and colleges the means of instruction in forestry.

Sec. 221. Whenever the state owns an undivided interest in lands in the forest preserve, or is in possession of such lands as joint tenant or tenant in common with another having a freehold estate therein, the attorney-general shall, on the request of the commission, bring an action in the name of the people for the actual partition thereof. On the written consent of the commission, a co-tenant may maintain an action for the actual partition of such land, making the state a party defendant, and service of process upon the attorney-general shall be deemed service upon the state. Lands shall not be sold in such an action, nor shall costs be allowed against the state. Actual partition of such lands may be made by the commission, subject to the approval of the comptroller, who may in the name of the people make any conveyance necessary or proper in such partition. Such conveyances shall be recorded in like manner as conveyances made by commissioners of the land office.

NOTE.-Sec. 222 refers to trespasses and may be found on page 135 of this bulletin.

Sec. 223. Subject to the approval of the commissioners of the land office, the commission may

1. Contract for the purchase of lands by the state within the Adirondack Park subject to such reservation as may be agreed upon during the ten years next following the date of the contract, except the removal of trees under twelve inches in diameter, three feet from the ground.

Partition

proceedings.

Purchase

lands.

Contract for private land to become part of the park.

2. Contract that such lands not owned by the state shall, in consideration of exemption from taxation for state and county purposes, become public as part of the park in like manner as state lands. Such a contract must provide against the removal of live timber except spruce, tamarack or poplar, more than twelve inches in diameter, three feet from the ground, and may reserve to the owner the right to clear not more than one acre within one hundred acres of land, and may contain such other reservations for occupancy as may be agreed upon. The approval of the com- Approval of missioners of the land office must appear on any such contract of land office. by the certificate of their clerk. Every conveyance to the state made as herein provided must, before it is accepted, be certified by the attorney-general to be in conformity with the contract. Such conveyances shall be recorded in like manner as conveyances made by commissioners of the land office.

NOTE. This section is modified by the act establishing the forest preserve board (General Statutes, Page 1521, see above, page 57 of this bulletin). But as the extent of such modification may not be entirely beyond doubt, both provisions are inserted.

Sec. 224. Moneys received from the sale or lease of lands form

commissioners

Use of money

sale or lease.

ing part of the forest preserve shall be available only for the received from purchase of lands to extend the same, and expenses incidental to such purchase, and shall not be paid except upon the order of the commission and audit of the comptroller.

NOTE 1.-Cumming and Gilbert's General Laws, Page 1519 (Chap. 561, Laws of 1895), directs the acquisition for the Adirondack Park of lands damaged by the construction of 13647-No. 57-05 M- -5

Appalachian Forest Reserve.

Consent of

state.

Power to legslate.

Same.

canal reservoirs. General Laws, Page 1519 (Chap. 259, Laws of 1897), directs the acquisition of lands held by the county of Ulster under tax titles, situate in the towns of Hardenbergh, Deming and Shandaken.

NOTE 2.-Article X of the Forest, Fish and Game Law, Page 1498, Cumming and Gilbert's General Laws, regulates the procedure and practice in prosecutions under this act. Not being of a forestal nature, it has been omitted.

NORTH CAROLINA.

LAWS OF 1901, CHAP. 17.-Whereas, it is proposed that the federal government purchase lands in the high mountain region of Western North Carolina and adjacent states for the purpose of establishing there a National Forest Reserve which will perpetuate these forests and forever preserve the headwaters of many important streams and which will thus prove of great and permanent benefit to the people of this state; and

Whereas, a bill has been introduced in the Federal Congress, providing for the purchase of such lands for said purpose; therefore,

The General Assembly of North Carolina do enact :

Sec. 1. That the consent of the General Assembly of North Carolina be and is hereby given to the acquisition by the United States, by purchase or by condemnation with adequate compensation, except as hereinafter provided, of such lands in western North Carolina as in the opinion of the Federal Government may be needed for the establishment of such a National forest reserve in that region: Provided, That the state of North Carolina shall retain a concurrent jurisdiction with the United States in and over such lands so far that civil process in all cases, and such criminal process as may issue under the authority of the state of North Carolina against any person charged with the commission of any crime without or within said jurisdiction may be executed thereon in like manner as if this act had not been passed.

Sec. 2. That power is hereby conferred upon Congress to pass such laws as it may deem necessary to the acquisition, as hereinbefore provided, for incorporation in said National Forest Reserve, of such forest-covered lands in western North Carolina as in the opinion of the federal government may be needed for this purpose: Provided, That as much as two hundred acres of any tract of land occupied as a home by bona fide residents in this state at the date of the ratification of this act shall be exempt from the provisions of this section.

Sec. 3. Power is hereby conferred upon Congress to pass such laws and to make or provide for the making of such rules and regulations, of both a civil and criminal nature, and provide punishment therefor, as in its judgment may be necessary for the management, control and protection of such lands as may be from time to time acquired by the United States under the provisions of this act.

NOTE. See also page 88 of this bulletin for similar enactments by South Carolina and Tennessee respectively.

OREGON.

and

to protect for

NOTE.-Section 2051 of Codes and Statutes provides for the Game appointment by the governor, of a "state game and forest forest warden warden." The statutory duties of this official, however, relate ests. exclusively to the protection of fish and game, except that it is in general terms made his duty (Sec. 2053) "to enforce the laws of the state of Oregon for the protection of trout, game fish, game birds, game, wild fowl, song birds, and forests."

PENNSYLVANIA.

Department of forestry. Commissioner of forestry.

Length of

term.

Oath of office.

Powers.

To purchase lands for forest

LAWS OF 1901, PAGE 11-Sec. 1. There is hereby established a Department of Forestry, to consist of the Commissioner of Forestry and four other citizens of the Commonwealth, who together State Forshall constitute the State Forestry Reservation Commission; each estry Reservation Commisof whom shall be appointed and commissioned by the Governor by sion. and with the advice and consent of the Senate; the Commissioner of Forestry for a term of four years, two of the said citizens for a term of two years, and two of the said citizens for a term of four years; and thereafter all appointments shall be made by the Governor, by and with the advice and consent of the Senate, for a term of four years. The persons so appointed, before entering upon the discharge of their duties, shall each take and subscribe to the oath of office prescribed by Article Seven of the Constitution of Pennsylvania. The Commissioner of Forestry, and the Forestry Reservation Commission so appointed, shall be clothed with all the powers heretofore conferred by law respectively upon the Commissioner of Forestry and the Forestry Reservation Commission, so far as the same are consistent with the provisions of this act, and in addition shall have full power, by and with the consent of the Governor, to purchase any suitable lands in any county of the, Commonwealth, that in the judgment of said commission the state preservation. should possess for forest preservation: Provided, That in no case shall the amount paid for any tract of land, purchased under the provisions of this act, exceed the sum of five dollars per acre. Maximum price per acre. Said commission shall also have full power to manage and control all the lands which it may purchase under the provisions of this act, as well as those that have heretofore been purchased and which are now owned by the state under existing laws. Said commission is also empowered to establish such rules and regulations regulations. with reference to control, management and protection of forest reservations and all lands that may be acquired under the provisions of this act, as in its judgment will conserve the interests of the Commonwealth, and whenever it shall appear that the welfare of the Commonwealth, with reference to reforestation and the betterment of state reservations, will be advanced by selling or disposing of any of the timber on forestry lands, the commission is hereby empowered to sell such timber on terms most advantageous to the state; and said commission is hereby empowered to make or execute contracts or leases, in the name of the Commonwealth, for the mining or removal of any valuable minerals that may be found in said forestry reservations, when ever it shall appear to the satisfaction of the commission that it would be for the best interests

Rules and

Power to sell timber.

Lease mineral

of land.

ment.

of the state to make such disposition of such minerals: and, provided, that such contracts or leases shall also be approved by the governor of the Comonwealth after the proposed said leases or conAdvertise- tracts shall have been duly advertised in at least three newspapers published nearest the reservation designated, for one month, in advance of said contract or lease, and the contracts or leases shall be awarded to the highest bidder, and he or they shall have given such bond as the commission shall designate for the performance of his or their part of the contract, and the said bond shall have been approved by the court of the county wherein the contracts or leases are made: Provided, however, That when by virtue of leases or contracts for removal of minerals and sale of timber from any lands purchased by the state for forestry reservations, One-half of there comes a net revenue to the state, one-half of said net revenue net revenue to be paid to derived from lands situated in any township shall be paid by the township. State Treasurer to the treasurer of such township, for application to township purposes, and reduction of local tax levies in such township: Provided, that there shall not be paid to any one township, during any year, more than twice the amount of taxes that would be received by such township from said lands if they were owned by individuals.

Exception.

Kindling fires and trespasses

meanor.

Penalty.

Sec. 2. Any person or persons who shall kindle fires upon any of made a misde- the forestry reservations of this Commonwealth, except in accordance with such rules and regulations as may be prescribed by the Trespasses. Forestry Reservation Commission, or who shall cut or remove any timber whatever, or who shall do or cause to be done any act that will damage forest lands or timber belonging to this Commonwealth, shall be guilty of a misdemeanor and upon conviction thereof be subject to a penalty of not less than one hundred dollars nor more than five hundred dollars for each offense committed, with costs of suit, which penalty and costs of suit shall be collected in the same manner as is now provided by existing laws for like offenses committed on forest lands belonging to individuals; all fines and penalties when collected to be paid to the Commissioner of Forestry, who is hereby directed to pay the same Imprison- over to the state treasury; Provided, that if the defendant or defendants neglect or refuse to pay at once the penalty and costs imposed, he or they shall be committed to the common jail of the county wherein the offense was committed, until such penalty and costs are paid.

ment.

Commissioner of Forestry.

Sec. 3. The Commissioner of Forestry shall be the president and executive officer of the Forestry Reservation Commission, and also superintendent of the state forestry reservations, and shall have immediate control and management, under the direction of the Forestry Reservation Commission, of all forest lands already acquired or which may hereafter be acquired by the Commonwealth, but the power so conferred upon the said Commissioner of Forestry shall not extend to the enforcement of the laws relating to public health or the protection of fish and game. It shall To promote be the duty of the Commissioner of Forestry to encourage and proforestry. mote the development of forestry and to obtain and publish information respecting the extent and condition of forest lands in the To enforce state, to execute all rules and regulations adopted by the Forestry rules and regulations. Reservation Commission for the enforcement of all laws designed