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L. 1909, ch. 50

Watkins Glen

§§ 110, 111

ARTICLE 10*

WATKINS GLEN

Section 110. Transfer of jurisdiction and control.

111. Commissioners.

112. Officers; treasurer's undertaking.

113. Powers and duties.

114. Purposes of reservation.

115. Gifts of property for purposes of the reservation. 116. Annual report; quarterly accounts.

117. Payments of moneys appropriated.

$110. Transfer of jurisdiction and control. The land known. as Watkins Glen, in the town of Dix, Schuyler county, acquired by the state pursuant to chapter six hundred and seventy-six of the laws of nineteen hundred and six, shall be known as the Watkins Glen reservation, and jurisdiction and control thereof is hereby transferred from the American Scenic and Historic Preservation Society to the board of commissioners of Watkins Glen reservation, established by this article.

This section was derived from L. 1911, ch. 731, § 2, which added the section to the Public Lands Law.

$111. Commissioners. The board of commissioners of the Watkins Glen reservation is continued and shall hereafter consist of seven persons, appointed by the governor, by and with the advice and consent of the senate. The five members of such board in office when this section as amended takes effect shall continue in office until the expiration of their terms. The two additional members provided hereby shall be appointed for such terms that the term of one member of such board shall expire annually. The term of a member of such board hereafter appointed for a full term on the expiration of the term of his predecessor in office shall be seven years. If a vacancy occur in such board otherwise than by expiration of term it shall be filled for the unexpired term. No member of such board shall receive any compensation for his services as commissioner, but shall be entitled to his actual and necessary expenses in performing the duties of his office.

This section was derived from L. 1911, ch. 731, § 2, which added the section to the Public Lands Law. It was amended to read as above by L. 1915, ch. 495, § 1. The amendment substituted the first five sentences in place of the former section, except the last sentence therein, and which read as follows: There shall be a board of commissioners of the Watkins Glen reservation consisting of five persons, appointed by the governor, by and with the advice and consent of the senate, to hold office for terms of five years each:

* Added by L. 1911, ch. 731. § 2.

§§ 112-115

Watkins Glen

L. 1909, ch. 50

but the original appointments shall be made in such manner that the term of one commissioner shall expire annually thereafter."

Appointment by governor and senate: see PUBLIC OFFICERS LAW, § 8.

§ 112. Officers; treasurer's undertaking. The commissioners shall select from among their number a president, and shall appoint some person to act as secretary and treasurer. The treasurer shall give an official undertaking in such sum as the commission shall determine.

This section was derived from L. 1911, ch. 731, § 2, which added the section to the Public Lands Law.

Official undertakings generally: see PUBLIC OFFICERS LAW, §§ 11, 12, 13.

$113. Powers and duties. Such commissioners shall,

1. Have the control and management of the Watkins Glen reservation.

2. Lay out, manage and maintain such reservation and make and enforce rules and regulations necessary to effect the purposes thereof, not inconsistent with law.

3. Fix the price to be charged by drivers of public conveyances for carrying persons for hire within the limits of such reservation, and the price to be charged by guides for their services.

4. Employ such persons as may be needed to care for such reservation, and fix their compensation.

This section was derived from L. 1911, ch. 731, § 2, which added the section to the Public Lands Law.

$ 114. Purposes of reservation. The state reservation at Watkins Glen shall forever be reserved by the state for the purpose of preserving it in its natural condition, and kept open and free of access to all mankind without fee, charge or expense to any person for entering upon or passing to or from any part thereof.

This section was derived from L. 1911, ch. 731, § 2, which added the section to the Public Lands Law.

$ 115. Gifts of property for purposes of the reservation. Real and personal property may be granted, conveyed, bequeathed or devised to and taken by the state in aid of the purposes of such reservation, or to increase the same, and on such trusts or conditions as may be prescribed by the grantors or devisors thereof, provided the same be accepted or agreed to in writing by such commissioners. All such property shall be managed and controlled by the commissioners, and the rents, issues and profits thereof shall be turned into the state treasury, except where such rents, issues and profits were specifically devised or bequeathed to be used for a specific and definite purpose.

This section was derived from L. 1911, ch. 731, § 2, which added the section to the Public Lands Law.

L. 1909, ch. 50

Watkins Glen

§§ 116, 117

The commis

§ 116. Annual report; quarterly accounts. sioners shall make an annual report of their proceedings to the legislature in the month of January, with a detailed statement of all their receipts and expenditures for the preceding fiscal year, and an estimate of the work necessary to be done, and of the expenses of maintaining the reservation for the ensuing fiscal year, with such recommendations as they shall see fit. They shall quarterly, on the first day of January, April, July and October of each year, send to the comptroller a detailed and itemized account of all receipts and expenditures, with subvouchers for the items thereof for the preceding quarter, and such accounts shall be verified by the commissioners or their treasurer.

This section was derived from L. 1911, ch. 731, § 2, which added the section to the Public Lands Law.

$117. Payment of moneys appropriated. Moneys appropriated for caring for and maintaining such reservation, and carrying out the provisions of this article, shall be paid to the order of the treasurer of the commission by the state treasurer, upon the warrant of the comptroller. No warrant shall be issued until the amounts claimed have been audited and allowed by the comptroller, who is hereby authorized to determine the same, except that on the requisition of the treasurer of such commission the comptroller may advance out of the sum appropriated whatever moneys he deems necessary for the proper carrying out of the provisions of this article.

This section was derived from L. 1911, ch. 731, § 2, which added the section to the Public Lands Law.

§§ 120-122

Newtown Battlefield Reservation

L. 1909, ch. 50

ARTICLE 11*

NEWTOWN BATTLEFIELD RESERVATION

Section 120. Jurisdiction and control.

121. Commissioners.

122. Officers; treasurer's undertaking.

123. Powers and duties of the commission.

124. Purposes of reservation.

125. Gifts of property for purpose of the reservation. 126. Annual report; quarterly accounts.

127. Payment of moneys appropriated.

1

$ 120. Jurisdiction and control. The land now held by the state of New York, and known as the Newtown Battlefield Reservation land, in the town of Elmira and in the town of Ashland,1 county of Chemung, acquired by the state during the years nineteen hundred and eleven and nineteen hundred and twelve, and since acquired, shall be known as the Newton Battlefield Reservation, and jurisdiction and control thereof is hereby transferred to the board of commissioners of the Newtown Battlefield Reservation, established by this article.

This section was derived from L. 1913, ch. 167, § 2, which added the section to the Public Lands Law. It was amended to read as above by L. 1915, ch. 271, § 1. The amendments are shown in the footnotes.

$121. Commissioners. There shall be a board of commissioners of the Newtown Battlefield Reservation, consisting of five persons appointed by the governor, by and with the advice and consent of the senate, to hold office for a term of five years each; but the original appointments shall be made in such manner that the term of one commissioner shall expire annually thereafter on the first day of February in each year. No member of such board shall receive any compensation for his services as commissioner, but shall be entitled to his actual and necessary expenses in performing the duties of his office. A meeting of such board shall be held on the first day of March, June, August, October and December.

This section was derived from L. 1913, ch. 167, § 2, which added the section to the Public Lands Law.

Appointment by governor and senate: see PUBLIC OFFICERS LAW, § 8.

$122. Officers; treasurer's undertaking. The commissioners shall select from among their number a president, and shall appoint some person to act as secretary and treasurer. The

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L. 1909, ch. 50

Newtown Battlefield Reservation

§§ 123-125

treasurer shall give an official undertaking in such a sum as the commission shall determine.

This section was derived from L. 1913, ch. 167, § 2, which added the section to the Public Lands Law.

Official undertakings generally: see PUBLIC OFFICERS LAW, §§ 11, 12, 13.

§ 123. Powers and duties of the commission. Such commissioners shall

1. Have the management, supervision and custody of such premises and of all property of the state therein or thereon and shall preserve and protect the same;

2. Lay out, manage and maintain such reservation, have charge of the necessary improvements and repairs, make and enforce such rules and regulations as may be necessary to effect the purposes thereof not inconsistent with law;

3. Have the power to acquire for the state by condemnation or purchase such additional lands as such commission may deem necessary and for the acquisition of which appropriation has been made by the legislature;

4. Fix the price to be charged by drivers of public conveyances for carrying persons for hire along the roadway and the limits of such reservation, and the price to be charged by guides for their services ;

5. Employ such persons as may be needed to care for such reservation and fix their compensation.

This section was derived from L. 1913, ch. 167, § 2, which added the section to the Public Lands Law. Subdivision 3 was amended to read as above by L. 1915, ch. 271, § 2. The amendments are shown in the footnotes. The amending statute also, by section 3, reappropriated the unexpended balance of the appropriation made by L. 1913, ch. 167.

$124. Purposes of reservation. The state reservation of Newtown Battlefield shall forever be reserved by the state for the purpose of preserving the monument and the park surrounding it, and for forestry purposes, and to keep open and free of access to all mankind, without fee, charge or expense to any person for entering upon or passing to or from any part of said reservation.

This section was derived from L. 1913, ch. 167, § 2, which added the section to the Public Lands Law.

$ 125. Gifts of property for purpose of the reservation. Real and personal property may be granted, conveyed, bequeathed or

1 Words or purchase "new.

2 Word "additional" substituted for word "other."

3 Words "adjoining such reservation" omitted.

4 Words such commission'

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new.

5 Word deem " substituted for word be."

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