L. 1916, ch. 257.

Conservation department.

§§ 2, 22.

CONSERVATION LAW.

(L. 1911, ch. 647.)

§ 2. Conservation department.-The conservation department is hereby created and shall have three divisions. The dapartment shall continue to be in charge of a commission to be known as the conservation commission which, except as otherwise provided in this chapter, shall have all the powers and be subject to all the duties of the forest purchasing board, the forest, fish and game commission or commissioner, the commissioners of water power on Black river and the state water supply commission as fixed by law on July eleventh, nineteen hundred and eleven. In addition to the powers and duties hereinbefore enumerated, the conservation commission shall have all the powers and be subject to all the duties of the commissioners of the state reservation at Saratoga Springs as fixed by law on January first, nineteen hundred and sixteen. The commission shall hereafter consist of one member to be appointed by the governor, by and with the advice and consent of the senate. The governor may remove the commissioner for inefficiency, neglect of duty or misconduct in office, giving to him a copy of the charges against him and an opportunity of being publicly heard in person or by counsel in his own defense, upon not less than ten days' notice. If such commissioner shall be removed the governor shall file in the office of the secretary of state a complete statement of all charges made against such commissioner and his findings thereon, together with a complete record of the proceedings. A commissioner shall be appointed hereunder within twenty days after the amendment to this section takes effect. The regular term of office of the commissioner shall be six years to be computed from the first day of January of the calendar year in which he shall have been appointed. The commissioner shall receive an annual salary of eight thousand dollars. The terms "commission,' ""conservation commission" and "commissioner," when used in this chapter, except article seven thereof, shall each mean the conservation commissioner, and wherever by the terms of this chapter or any other statute, action by the conservation commission is required to be taken by resolution or in any manner by the concurrence of a majority of the members, such action shall be taken by a formal order of such commissioner entered in the records of the conservation department. The term "commission" as used in article seven shall mean a commission consisting of the conservation commissioner or a deputy designated by him, the attorneygeneral or a deputy designated by him, and the state engineer or a deputy designated by him. (Amended by L. 1915, ch. 318, and L. 1916, ch. 257, in effect Apr. 19, 1916.)

§ 22.

Structures for impounding water; inspection of docks; penalties.—

§ 29.

Structures for impounding water.

L. 1916, ch. 298. No structure for impounding water, not a part of the canal system of the state, and no dock, pier, wharf or other structure used as a landing place on waters not a part of the canal system of the state, shall be erected or reconstructed by any public authority or by any private person or corporation without notice to the commission, nor shall any such structure be erected, reconstructed or maintained without complying with such conditions as the commission may by order prescribe for safeguarding life or property against danger therefrom. No order made by the commission shall be deemed to authorize any invasion of any property rights, public or private, by any person in carrying out the requirements of such order. The commission shall have power, whenever in its judgment public safety shall so require, to make and serve an order directing any person, corporation, officer or board, constructing, maintaining or using any structure herein before referred to, to remove, repair or reconstruct the same within such reasonable time and in such manner as shall be specified in such order, and it shall be the duty of every such person, corporation, officer or board to obey, observe and comply with such order and with the conditions prescribed by the commission for safeguarding life or property against danger therefrom, and every person, corporation, officer or board failing, omitting or neglecting so to do, or who hereafter erects or reconstructs any such structures hereinbefore referred to without submitting to said commission and obtaining its approval of plans and specifications for such structures when required so to do by order of the commission or who hereafter fails to remove, erect or to reconstruct the same in accordance with the plans and specifications so approved shall forfeit to the people of this state a sum not to exceed five hundred dollars to be fixed by the court for each and every offense; every violation of any such order shall be a seperate and distinct offense, and, in case of a continuing violation, every day's continuance thereof shall be and be deemed to be a separate and distinct offense. This section shall not apply to a dam where the area draining into the pond formed thereby does not exceed one square mile, unless the dam is more than ten feet in height above the natural bed of the stream at any point or unless the quantity of water which the dam impounds exceeds one million gallons; nor to a dock, pier, wharf or other structure under the jurisdiction of the department of docks, if any, in a city of the first class. (Amended by L. 1913, ch. 736, L. 1914, ch. 315, and L. 1916, ch. 298, in effect Apr. 25, 1916.)

§ 29. Proceeds of actions under article five; moieties.-Moneys received in an action for penalty brought under article five of this chapter, or upon the settlement or compromise thereof, and fines for violation of any of the provisions of said article shall be paid within thirty days after the receipt thereof to the commission. The commission shall apply so much. thereof as may be necessary to the payment of the expenses of collection and shall pay one-half of the balance, in cases brought by special game protectors, to the special game protector upon whose information the action

L. 1916, ch. 521.

Punishment for misdemeanor; penalties.

§§ 32, 36.

was brought. Regular protectors shall not receive moieties. The commission in its discretion may settle or compromise any action to recover any penalty provided for in said articles, or a cause of action therefor, at such sum as it may deem advantageous to the state. The commission may, out of moneys arising from such fines or penalties, pay the fees of magistrates and constables for services performed in criminal actions brought upon information of a game protector, district forest ranger, forest ranger, or fire warden. (Added by L. 1912, ch. 444, and amended by L. 1916, ch. 521, in effect May 12, 1916.)

§ 32. Punishment for misdemeanor.-A person convicted of a misdemeanor under this chapter, except as otherwise provided herein, shall be punished by a fine of not less than ten dollars nor more than one hundred dollars; and if such fine is not paid, he shall be imprisoned in a county jail or penitentiary until such fine is satisfied; which imprisonment shall be at the rate of one day for every dollar of such fine; if any person be convicted a second time of a misdemeanor under this chapter, except as otherwise provided herein, he shall be punished either by a fine of not less than twenty-five dollars nor more than one hundred and fifty dollars; or by imprisonment in a county jail or penitentiary for not more than one hundred days, or by both such fine and imprisonment; if a fine imposed be not paid, he shall be imprisoned in a county jail or penitentiary until such fine is satisfied, which imprisonment shall be at the rate of one day for every dollar of such fine; if a person shall be convicted a third time of a misdemeanor under this chapter, unless otherwise provided herein, he shall be punished by imprisonment in a county jail or penitentiary for not less than ten days nor more than six months; and by a fine of not less than ten dollars nor more than one hundred dollars; and if the fine imposed be not paid, he shall be imprisoned in a county jail or penitentiary until such fine is satisfied; which imprisonment shall be at the rate of one day for every dollar of such fine and shall be in addition to the prison sentence. (Added by L. 1912, ch. 444, and amended by L. 1916, ch. 521, in effect May 12, 1916.)

§ 36. Compromise of civil penalty before magistrate.-Any regular or special game protector, fisheries protector, fire superintendent, forest ranger or inspector, who shall charge a person with any violation under this chapter, may take such person before any magistrate in the county where the violation occurred, and thereupon such person may, upon the consent of the representative of the conservation commission making the charge, compromise and settle his liability for civil penalties under this chapter, for an amount agreed upon between said magistrate, the representative of the commission and the person charged with such violation, which amount shall not be less than ten dollars nor more than the amount for which such person would be liable in a civil action for penalties. If such compromise be made, such person shall forthwith subscribe his name

$ 50.

Lands, forests and public parks.

L. 1916, ch. 451.

to a statement setting forth concisely the facts constituting such violation. the amount agreed upon, and that a judgment may be entered against him for that sum. Upon said statement being sworn to before and filed with said magistrate, he shall forthwith enter in his civil docket a record. of the proceedings and the amount of the judgment.

Said justice shall upon the entry of such judgment be entitled to a fee of one dollar to be paid by the person charged with such violation.

A judgment entered as provided herein may be enforced by an execution against the property of the defendant; but no body execution shall issue thereon. Such judgment shall be a bar to a criminal action for the same violation, if satisfied within thirty days from the date of the entry thereof. (Added by L. 1916, ch. 521, in effect May 12, 1916.)

ARTICLE IV.

(Article 4, as amended, repealed and new article added by L. 1916, ch. 451, in effect May 9, 1916.)

$ 50. §

Exemption of reforested land from taxation.

58. Report of forest products.

59. Appropriation of lands.

Powers and duties of the commission.-The commission shall, for the purpose of carrying out the provisions of this article, have the following power, duty and authority:

1. Have the care, custody and control of the several preserves, parks and other state lands described in this article.

2. Make necessary rules and regulations to secure proper enforcement of the provisions hereof.

3. Establish, operate and maintain nurseries for the production of trees to be used in reforestation. Such trees may be used to reforest any land owned by the state; supplied to owners of private land at a price not exceeding cost of production; or used for planting on public lands under such terms as may be deemed to be for the public benefit.

L. 1916, ch. 451.

4.

Lands, forests and public parks.

§ 50.

Prepare, print, post or distribute printed matter relating to forestry. 5. Make investigations or experiments with regard to forestry questions. 6. Purchase, subject to the approval of the governor, lands, forests, rights in timber or any interest therein, situated within the Adirondack or the Catskill parks or lands contiguous, connected with or adjacent to either park.

7. Receive and accept in the name of the people of the state, by gift or devise, the fee or other estate therein of lands or timber or both, for forestry purposes.

8. Examine the forest lands under the charge of the several state institutions, boards or other management for the purpose of advising and co-operating in securing proper forest management of such lands.

9. Employ, with the approval of the superintendent of prisons, convicts committed to any penal institution or, with the approval of the governing board thereof, the inmates of other state institutions, for the purpose of producing or planting trees. Such portion of the proceeds of the sale of trees grown at state institutions, as the commission determines is equitable, may be paid over to that institution.

10. Propagate trees and shrubs for the several state institutions or for planting along improved highways. Any common carrier may transport trees or shrubs grown by the state at a rate less than the established tariff. 11. Bring any action or proceeding for the following purposes:

(a) Any action or proceeding, for the purpose of enforcing the state's rights or interests in real property, which an owner of land would be entitled to bring in like cases.

(b) Such actions or proceedings as may be necessary to insure the enforcement of the provisions of this article.

(c) To determine in trespass, ejectment or other suitable actions the title to any land claimed adversely to the state.

(d) Bring proceedings before the comptroller or bring actions to cancel tax sales or to set aside cancellations of tax sales.

12. May compromise or adjust any judgment or claims arising out of violations of any provisions of this article, except where title to land is involved.

13. Have the custody of all abstracts of title, papers, contracts or memoranda relating thereto, except original deeds to the state, for any lands purchased for forest preserve purposes.

14. Examine private forest lands for the purpose of advising the owners as to the proper methods of forest management.

15. Survey, map and determine boundaries of lands owned by the state. 16. Maintain a system of forest fire protection in the fire towns and such. other areas as the commission determines necessary.

17. Purchase necessary equipment, tools or supplies, employ men or incur other expenses as may be necessary to furnish adequate forest fire protection.