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has been duly given. No action shall be maintained to recover under a forfeited policy, unless the same is instituted within one year from the day upon which default was made in paying the premium, installment, interest or portion thereof for which it is claimed tbat forfeiture ensued.
3. This act shall take effect immediately.
guard and naval militia of the state of New York at the ceremonies
twenty-seventh of April, eighteen hundred and ninety-seven. Became a law April 8, 1897, with the approval of the Governor.
Passed, three-fifths being present.
Section 1. There is hereby appropriated out of any money in the Appropriatreasury not otherwise appropriated, the sum of twenty-five thousand dollars, or so much thereof as may be necessary, to pay the transportation, subsistence and other necessary expenses of the national guard and naval militia of the state of New York, in attending the ceremonies for dedicating the tomb of General Ulysses S. Grant, on the twenty-seventh of April, eighteen hundred and ninety-seven. Such money shall be paid by the treasurer on the warrant of the How pay. comptroller, upon the certificate and audit of the adjutant-general. approved by the commander-in-chief.
§ 2. This act shall take effect immediately.
embraced in the Adirondack park and making an appropriation
Passed, three-fifths being present.
Section 1. The governor, within twenty days after this act takes Forest effect, shall appoint from the commissioners of fisheries, game and board. forest and the commissioners of the land office, by and with the advice and consent of the senate, three persons to constitute a board
to be known as “the forest preserve board.” The members of such board may be removed by the governor at his pleasure. Vacancies shall be filled in like manner as an original appointment. The members of the board shall not receive any compensation for their ser
vices under this act, but shall receive their actual and necessary Assistants. expenses to be audited by the comptroller. The board may employ
such clerical and other assistants as it may deem necessary. The forest preserve board annually in the month of January shall make a written report to the governor showing in detail all its transactions
under this act during the preceding calendar year. Acquisi.
§ 2. It shall be the duty of the forest preserve board and it is
8 2 It she la ds, etc., hereby authorized to acquire for the state, by purchase or otherwise,
land, structures or waters or such portion thereof in the territory embraced in the Adirondack park, as defined and limited by the fisheries, game and forest law, as it may deem advisable for the
interests of the state. Entry upon § 3. The forest preserve board may enter on and take possession priation of of any land, structures and waters in the territory embraced in the
Adirondack park, the appropriation of which in its judgment shall be necessary for the purposes specified in section two hundred and ninety of the fisheries, game and forest law, and in section seven of
article seven of the constitution. Descrip- $ 4. Upon the request of the forest preserve board an accurate lands to be description of such lands so to be appropriated shall be made by the priated. state engineer and surveyor, or the superintendent of the state
land survey, and certified by him to be correct, and such board or a majority thereof shall indorse on such description a certificate stating that the lands described therein have been appropriated by the state for the purpose of making them a part of the
Adirondack park; and such description and certificate shall be filed Notice of in the office of the secretary of state. The forest preserve board
shall thereupon serve on the owner of any real property so appropriated a notice of the filing and the date of filing of such description and containing a general description of the real property belonging to such owner which has been so appropriated; and from the time of such service, the entry upon and appropriation by the state of the real property described in such notice for the uses and purposes above specified shall be deemed complete, and thereupon such property shall be deemed and be the property of the state. Such notice shall
be conclusive evidence of an entry and appropriation by the state. Record and The forest preserve board may cause duplicates of such notice with an
affidavit of due service thereof on such owner to be recorded in the books used for recording deeds in the office of the clerk of any county of this state where any of the property described therein may be situated, and the record of such notice and of such proof of service shall be evidence of the due service thereof..
8 5. Claims for the value of the property taken and for damages Adjustcaused by any such appropriation may be adjusted by the forest claims by preserve board if the amount thereof can be agreed upon with the owners of the land appropriated. The board may enter into an agreement with the owner of any land so taken and appropriated, for the value thereof, and for any damages resulting from such appropriation. Upon making such agreement the board shall deliver to the owner a certificate stating the amount due to him on account of such appropriation of his lands, and a duplicate of such certificate shall also be delivered to the comptroller. The amount so fixed shall be paid by the treasurer upon the warrant of the comptroller.
& 6. If the forest preserve board is unable to agree with the Presentaowner for the value of property so taken or appropriated, or on the claims to amount of damages resulting therefrom, such owner, within two claims. years after the service upon him of the notice of appropriation as above specified, may present to the court of claims a claim for the value of such land and for such damages, and the court of claims shall have jurisdiction to hear and determine such claim and render judgment thereon. Upon filing in the office of the comptroller a Payment certified copy of the final judgment of the court of claims, and a certificate of the attorney-general that no appeal from such judgment has been or will be taken by the state, or, if an appeal has been taken a certified copy of the final judgment of the appellate court, affirming in whole or in part the judgment of the court of claims, the comptroller shall issue his warrant for the payment of the amount due the claimant by such judgment, with interest from the date of the judgment until the thirtieth day after the entry of such final judgment, and such amount shall be paid by the treasurer.
$ %. The owner of land to be taken under this act may, at his Reservaoption, within the limitations hereinafter prescribed, reserve the spruce spruce timber thereon ten inches or more in diameter at a height of three feet above the ground. Such option must be exercised within six months after the service upon him of a notice of the appropriation of such land by the forest preserve board, by serving upon such board a written notice that he elects to reserve the spruce timber thereon. If such a notice be not served by the owner within the time above specified, he shall be deemed to have waived his right to such reservation, and such timber shall thereupon become and be the property of the state. In case land is acquired by purchase, the spruce timber and no other may be reserved by agreement between the board and the owner, subject to all the provisions of this act in relation to timber reserved after an appropriation of land by the forest preserve board. The presentation of a claim to the court of claims before the service of a notice of reservation, shall be deemed a waiver of the right to such reservation.
of reserva tion.
a § 8. The reservation of timber and the manner of exercising and conditions consummating such right are subject to the following restrictions,
limitations and conditions:
1. The reservation does not include or affect timber within twenty rods of a lake, pond or river, and such timber can not be reserved. Roads may be cut or built across or through such reserved space of twenty rods, under the supervision of the forest preserve board, for the purpose of removing spruce timber from adjoining land, and the reservation of spruce timber within such space shall be deemed a reservation by the owner, his assignee or representative, of the right to cut other timbes necessary in constructing such road, but such reservation does not confer a right to remove such other timber so cut, or to use it otherwise than in constructing a road.
?. The timber reserved must be removed from the land within fifteen years after the service of notice of reservation, or the making of an agreement subject to regulations to be prescribed by the forest preserve board; but such land shall not be cut over more than once, and the said board may prescribe regulations for the purpose of enforcing this limitation. All timber reserved and not removed from the land within such time shall thereupon become and be the property of the state, and all the title or claim thereto by the original owner, his assigns or representatives, shall thereupon be deemed
abandoned. Reserver § 9. A person who reserves timber as herein provided is not ento compen- titled to any compensation for the value of his land purchased or until, etc. taken and appropriated by the state, nor for any damages caused
1. The timber so reserved is all removed and the object of the reservation fully consummated; or
2. The time limited for the removal of such timber has fully elapsed, or the right to remove any more timber is waived by a written instrument filed with the forest preserve board; and
3. The forest preserve board is satisfied that no trespass on state lards has been committed by such owner or his assigns or represertatives; that no timber or other property of the state not so reserved has been taken, removed, destroyed or injured by him or them, and that a cause of action in behalf of the state does not exist against him or them for any alleged trespass or other injury to the property or interests of the state; and
4. That the owner, his assignee, or other representative has fully complied with all rules, regulations and requirements of the forest preserve board concerning the use of streams or other property of
the state for the purpose of removing such timber. Certificate 10. A warrant shall not be drawn by the comptroller for the before amount of compensation agreed upon between the owner and the warrant. forest preserve board, nor for the amount of a judgment rendered
to be filed
by the court of claims, until a further certificate by the board is filed with him to the effect that the owner has not reserved any timber or that he, his assignee, or other representative, has complied with the provisions of this act, or has otherwise become entitled to receive the amount of the purchase price, award or judgment.
§ 11. The forest preserve board may settle and adjust any claims Claims for for damages due to the state on account of any trespasses or other injuries to property or interests of the state, or penalties incurred by reason of such trespasses or otherwise, and the amount of such damages or penalties so adjusted shall be deducted from the original compensation agreed to be paid for the lands, or for damages, or from a judgment rendered by the court of claims on account of the appropriation of such land. A judgment recovered by the state for such a trespass or for a penalty shall likewise be deducted from the amount of such compensation or judgment.
§ 12. If timber is reserved upon land purchased or appropriated Interest as provided by this act, interest is not payable upon the purchase price able in ceror the compensation which may be awarded for the value of such land or for damages caused by such appropriation, except as provided in section six.
13. Persons entitled to cut and remove timber under this act Use of may use streams or other waters belonging to the state within removing the forest preserve for the purpose of removing such timber, under surh regulations and conditions as may be prescribed or imposed by the forest preserve board. The persons using such waters shall be liable for all damages caused by such use.
§ 14. If timber be reserved, its value at the time of making an Value of agreement between the owner and the forest preserve board for the be taken value of the land so appropriated and the damages caused thereby, sideration. or at the time of the presentation to the court of claims of a claim for such value and damages, shall be taken into consideration in determining the compensation to be awarded to the owner on account of such appropriation either by such agreement or by the judgment rendered upon such a claim.
§ 15. The forest preserve board may appoint inspectors to examine Inspectors the lands upon which timber is reserved and ascertain and report to lands. the board, from time to time, or whenever required, whether such timber is being removed in accordance with the provisions of this act, whether any trespasses or other violations of this act are being copimitted, and whether the persons entitled to the use of such waters for the purpose of removing timber have complied with the regulations and conditions relating thereto, prescribed or imposed by the board.
§ 16. The forest preserve board shall fix the compensation of all pay of clerks, inspectors or other assistants employed by it, which com-spectors, pensation shall be paid by the treasurer, upon the certificate of the etc.
Vol. I. 13