thereon. It shall also have charge of the public interests of the state, with regard to forests and tree planting, and especially with reference to forest fires in every part of the state. It shall have as to all lands now or hereafter included in the forest preserve, but subject to the provisions of this act, all the powers now vested in the commissioners of the land office and in the comptroller as to such of the said lands as are now owned by the state. The forest commission may, from time to time, prescribe rules or regulations and may, from time to time, alter or amend the same, affecting the whole or any part of the forest preserve, and for its use, care and administration; but neither such rules or regulations, nor anything herein contained shall prevent or operate to prevent the free use of any road, stream or water as the same may have been heretofore used or as may be reasonably required in the prosecution of any lawful business.

rest of

without

§ 10. The forest warden, forest inspectors, foresters and other persons officers acting upon the forest preserve under the written employment of the may ar forest warden or of the forest commission may, without warrant, arrest fenders any person found upon the forest preserve violating any of the pro- warrant. visions of this act; but in case of such arrest, the person making the arrest shall forthwith take the person arrested before the nearest magistrate having jurisdiction to issue warrants in such case, and there make, or procure to be made, a complaint in writing, upon which complaint the magistrate shall act as the case may require.

bring ac

etc.

§ 11. The forest commission may bring in the name, or on behalf of Commis the people of the state of New York, any action to prevent injury to sion may the forest preserve or trespass thereon, to recover damages for such tions for injury or trespass, to recover lands properly forming part of the forest injuries, preserve, but occupied or held by persons not entitled thereto, and in all other respects for the protection and maintenance of the forest preserve, which any owner of lands would be entitled to bring. The forest commission may also maintain, in the name or on behalf of the people of the state, an action for the trespass specified in section seventy-four, article fifth, title five, chapter nine, part one of the Revised Statutes, when such trespass is committed upon any lands within the forest preserve. In such action there shall be recoverable the same penalty, and a like execution shall issue, and the defendant be imprisoned thereunder without being entitled to the liberties of the jail, all as provided in sections seventy-four and seventy-six of the said article; and in such action the plaintiff shall be entitled to an order of arrest before judgment as in the cases mentioned in section five hundred and forty-nine of the Code of Civil Procedure. The trespass herein mentioned shall be deemed to include, in addition to the acts specified in the said section seventy-four, any act of cutting or causing to be cut, or assisting to cut, any tree or timber standing within the forest preserve, or any bark thereon, with intent to remove such tree or timber, or any portion thereof, or bark therefrom, from the said forest preserve. With the consent of the attorney-general and the comptroller, the forest commission may 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 so employed Attorney shall act under the direction of and in the name of the attorney-general. sel. Where such attorney or counsel is not so employed, the attorney-general shall prosecute and defend such actions.

and coun

tion to be

§ 12. In an action brought by or at the instance of the forest com- Injunc mission, an injunction, either preliminary or final, shall upon application granted.

Partition
of lands

held in

viduals.

be granted restraining any act of trespass, waste or destruction upon the forest preserve.

§ 13. Whenever the state owns or shall own an undivided interest with any person in any lands within the counties mentioned in section common eight of this act, or is or shall be in possession of any such lands as joint by people with indi- tenant or tenants in common with any person who has an estate of freehold therein, the attorney-general shall, upon the request of the forest commission, bring an action in the name of the people of the state of New York for the actual partition of the said lands according to the respective rights of the parties interested therein; and upon the consent in writing of the forest commission any such person may maintain an action for the actual partition of such lands, according to the respective rights of the parties interested therein, in the same manner as if the state were not entitled to exemption from legal proceedings, service of process in such action upon the attorney-general to be deemed service upon the state. Such actions, the proceedings and the judgment therein, and the proceedings under the judgment therein shall be according to the practice at the time prevailing in actions of partition and shall have the same force and effect as in other actions, except that no costs shall be allowed to the plaintiff in such action, and except that no sale of such lands shall be adjudged therein. The forest commission may, without suit, but upon the consent of the comptroller, agree with any person or persons owning lands within the said towns jointly or as tenants in common with the state for the partition of such lands, and upon such agreement and consent, the comptroller shall make on behalf of the people of the state any conveyance necessary or proper in such partition, such conveyance to be forthwith recorded as now provided by law as to conveyances made by the commissioners of the land office.

Income.

Accounts.

Report.

Supervis-
protector

§ 14. All income that may hereafter be derived from state forest lands shall be paid over by the forest commission to the treasury of the state.

§ 15. A strict account shall be kept of all receipts and expenses, which account shall be audited by the comptroller, and a general summary thereof shall be reported annually to the legislature.

§ 16. The forest commission shall, in January of every year, make a written report to the legislature of their proceedings, together with such recommendations of further legislative or official action as they may deem proper.

§ 17. The supervisor of every town in the state in which wild or grotto forest lands belonging to the state are located, except within the counof lands. ties mentioned in section seven of this act, shall be by virtue of his office the protector of these lands, subject to the instructions he may To report receive from the forest commission. It shall be his duty to report to injuries to the district attorney for prosecution any acts of spoliation or injury attorney, that may be done, and it shall be the duty of such district attorney to prosecute institute proceedings for the prevention of further trespass, and for the offenders. recovery of all damages that may have been committed, with costs of

district

who shall

Forest

guards.

Measures

prosecution. The supervisors shall also report their proceedings therein to the forest commission. In towns where the forest commission shall deem it necessary, they may serve a notice upon the supervisor, requiring him to appoint one or more forest guards, and if more than one in a town, the district of each shall be properly defined. The guard so appointed shall have such powers, and perform such duties and receive such pay as the forest commission may determine.

§ 18. The forest commission shall take such measures as the depart

ment of public instruction, the regents of the university and the forest to awaken commission may approve, for awakening an interest in behalf of for- interest in estry in the public schools, academies and colleges of the state, and of subject of imparting some degree of elementary instruction upon this subject therein.

schools on

forestry.

etc.

§ 19. The forest commission shall, as soon as practicable, prepare Tracts, tracts or circulars of information giving plain and concise advice for circulars, the care of woodlands upon private lands, and for the starting of new plantations upon lands that have been denuded, exhausted by cultivation, eroded by torrents, or injured by fire, or that are sandy, marshy, broken, sterile or waste, and unfit for other use. These publications shall be furnished without cost to any citizen of the state, upon application, and proper measures may be taken for bringing them to the notice of persons who would be benefited by this advice.

ors ex-of

Towns ex

may be di

one or

more fire

of, etc.

§ 20. Every supervisor of a town in this state, excepting within the Supervis counties mentioned in section seven of this act, shall be ex-officio fire ficio fire warden therein. But in towns particularly exposed to damages from wardens. forest fires, the supervisor may divide the same into two or more dis- posed to tricts, bounded as far as may be by roads, streams of water, or divid- damage ing ridges of land or lot lines, and he may, in writing, appoint one vided and resident citizen in each district as district fire warden therein. A description of these districts and the names of the district fire wardens wardens appointthus appointed shall be recorded in the office of town clerk. The ed supervisor may also cause a map of the fire district of his town to be Map, cost posted in some public place with the names of the district fire wardens appointed. The cost of such map, not exceeding five dollars, may be made a town charge; and the services of the fire wardens shall also be deemed a town charge and shall not exceed the sum of two dollars per day for the time actually employed. Within the counties men- Fire wartioned in section seven of this act, such persons shall be fire wardens counties as may from time to time be appointed by the forest commission. The named, persons so appointed shall act during the pleasure of the forest com- etc. mission; and there shall be applicable to them all the provisions of this act, with reference to supervisors and district town wardens. Upon the discovery of a forest fire, it shall be the duty of the fire warden of the district, town or county to take such measures as may be necessary for its extinction. For this purpose he shall have authority to call upon any person in the territory in which he acts for assistance, and any person shall be liable to a fine of not less than five nor more than twenty dollars for refusing to act when so called upon.

dens in

duties of,

and duties

case of

§ 21. The forest commission, the forest warden, the forest inspector, Powers the foresters, and any other persons employed by or under the author- of officers ity of the forest commission, and who may be authorized by the com- named in mission to assume such duty, shall within the counties mentioned in fires in section seven of this act, whenever the woods in any such town shall woods. be on fire, perform the duty imposed upon, and in such case shall have the powers granted to the justices of peace, the supervisors and the commissioner of highways of such town by title fourteen of chapter twenty of part one of the Revised Statutes, with reference to the ordering of persons to assist in extinguishing fires or stopping their progress; and any person so ordered by the forest commission, the forest warden, the forest inspectors, the foresters, or any of them, or any other person acting or authorized as aforesaid who shall refuse or neglect to comply with any such order shall be liable to the punishment prescribed by the said title.

§ 22. No action for trespass shall be brought by any owner of land Action

not to be for entry made upon his premises by persons going to assist in exfor entry. tinguishing a forest fire, although it may not be upon his land.

brought

Fences may be

destroy

ed, etc.

Supervis

or to

etc.

§ 23. The fire wardens, or the supervisor, where acting in general charge, may cause fences to be destroyed or furrows to be plowed to check the running of fires, and in cases of great danger, back-fires may be set along a road or stream or other line of defense, to clear off the combustible material before an advancing fire.

§ 24. The supervisor of every town of which he is a fire warden as port fires, aforesaid and in which a forest fire of more than one acre in extent has occurred within a year shall report to the forest commission the extent of area burned over, to the best of his information, together with the probable amount of property destroyed, specifying the value of timber, as near as may be, and amount of cord wood, logs, bark or other forest product, and of fencing, bridges, and buildings that have been burned. He shall also make inquiries and report as to the causes of these fires, if they can be ascertained, and as to the measures employed and found most effectual in checking their progress. A consolidated summary of these returns by counties and of the information as to the same matter otherwise gathered by the forest commission shall be included in the annual report of the forest commission.

Railroad compa

nies nam

and burn

§ 25. Every railroad company whose road passes through waste or forest lands, or lands liable to be overrun by fires within this state, ed to cut shall twice in each year cut and burn off or remove from its right of grass, etc. way all grass, brush or other inflammable material, but under proper care, and at times when the fires thus set are not liable to spread beyond control.

Locomo

tires to

provided with arrange

ments to

prevent escape of fire.

Firecoals and

ashes not

to be deposited in

§ 26. All locomotives which shall be run through forest lands shall be provided, within one year from the date of this act, with approved and sufficient arrangements for preventing the escape of fire from their furnace or ash-pan, and netting of steel or iron wire upon their smoke-stack to check the escape of sparks of fire. It shall be the duty. of every engineer and fireman employed upon a locomotive, to see that the appliances for the prevention of the escape of fire are in use and applied, as far as it can be reasonably and possibly done.

§ 27. No railroad company shall permit its employees to deposit firecoals or ashes upon their track in the immediate vicinity of woodlands or lands liable to be overrun by fires, and in all cases where any engivicinity of neers, conductors or trainmen discover that fences along the right of way, on woodlands adjacent to the railroad, are burning, or in danger from fire, it shall be their duty to report the same at their next stopping place, and the person in charge of such station shall take prompt measures for extinguishing such fires.

wood

lands.

Trackmen in

case of

etc.

§ 28. In seasons of drought, and especially during the first dry time in the spring after the snows have gone and before vegetation has redrought, vived, railroad companies shall employ a sufficient additional number of trackmen for the prompt extinguishment of fires. And where a forest fire is raging near the line of their road they shall concentrate such help and adopt such measures as shall most effectually arrest their progress.

Penalty.

Rules for preven

§ 29. Any railroad company violating the provisions or requirement of this act shall be liable to a fine of one hundred dollars for each offense. § 30. The forest commission shall, with as little delay as practicable, tion of for cause rules for the prevention and suppression of forest fires to be est fires to printed for posting in school-houses, inns, saw-mills and other woodbe printed and post working establishments, lumber camps and other places, in such pored. tions of the state as they may deem necessary. Any person maliciously

or wantonly defacing or destroying such notices shall be liable to a fine. of five dollars. It shall be the duty of forest agents, supervisors and school trustees to cause these rules, when received by them, to be properly posted, and replaced when lost or destroyed.

setting

$31. Any person who shall willfully or negligently set fire to, or as- Willful sist another to set fire to any waste or forest lands belonging to the state res, how or to another person, whereby the said forests are injured or endangered, punished. or who suffers any fire upon his own land to escape or extend beyond the limits thereof, to the injury of the woodlands of another or of the state, shall be liable to a fine of not less than fifty dollars nor more than five hundred dollars, or to imprisonment of not less than thirty days. nor more than six months. He shall also be liable in an action for all damages that may be caused by such fires; such action to be brought in any court of this state having jurisdiction thereof.

§ 32. Fifteen thousand dollars is hereby appropriated out of any $15,000 moneys in the treasury not otherwise appropriated, for the purposes of appropri this act. And no liabilities shall be incurred by said forest commissioners in excess of this appropriation.

§ 33. This act shall take effect immediately.

Chap. 284.

AN ACT to incorporate the Woman's Christian Temperance

Home.

PASSED May 16, 1885; three-fifths being present.

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

powers.

SECTION 1: Melissa P. Dodge, M. Olivia Sage, Sarah M. Schieffelin, CorporaEllen M. Davis, Lucia I. Meiggs, Lillie E. Willis, Anna F. Jaffray, tors. Rebecca Collins, Henrietta E. Talcott, Hannah S. Brick, Sophia C. Witherbee, Margaret E. Sloan, Mary Prime Stoddard, Helen C. Juilliard and Margaret Bottome and their associates and successors are hereby constituted a body corporate by the name of the Woman's Name and Christian Temperance Home, and by that name shall have and possess all the powers and privileges and be subject to the restrictions prescribed and specified in title three, chapter eighteen, part one of the Revised Statutes, and shall have power to take and hold real and personal estate of a value not exceeding five hundred thousand dollars, by gift, devise, demise, bequest or purchase, but such property or income of such corporation shall not be applied or appropriated for any purpose other than as specified in this act.

§ 2. The object of said corporation shall be the physical, mental and objects. spiritual improvement of females addicted to the use of stimulants; to provide and maintain for them a suitable home in the city of New York, and to endeavor, by Christian care and influence, to reform and reclaim them.

ers.

§3. The property, business and affairs of said corporation shall be Manag managed by a board of at least sixteen members, having the qualifications prescribed by the by-laws. The persons named in the first section of this act shall constitute the first board of managers. All vacancies which may occur in the board shall be filled by the board at