act-1873-0-7•Pennsylvania Act 1873-7 — REGULATING THE CONTROL OF SQUARE TIMBER ADRIFT IN WEST BRANCH
Pennsylvania Act 1873-7 — REGULATING THE CONTROL OF SQUARE TIMBER ADRIFT IN WEST BRANCH
act-1873-0-71873 Pa. Act 7Law
Act text
REGULATING THE CONTROL OF SQUARE TIMBER ADRIFT IN WEST BRANCH
Act of Feb. 11, 1873, P.L. 33, No. 7 Cl. 32
AN ACT
Declaratory of the law relating to square timber taken adrift in
the West Branch, and regulating the control of the same.
Section 1. Preceding acts not to apply to timber lost by
extraordinary freshets
It is the true intent and meaning of the several acts of this
General Assembly, regulating the taking up of lumber or logs
adrift in the West Branch of the Susquehanna and its
tributaries, that none of the provisions thereof are applicable
to squared timber taken from landings or moorings, or from the
banks of the said streams, within the counties of Elk, Cambria,
Cameron, Clearfield, Indiana, Centre, Clinton or Lycoming, by
extraordinary freshets or ice floods, and driven or floated down
the said streams thereby; but that all of the said squared
timber so as aforesaid taken adrift and lodged or found upon the
banks within the bed or on lands adjoining said west branch, or
its tributaries, at any point on the same, shall be as fully, to
all intents and purposes, the property of those out of whose
possession the same was taken by said freshets or floods, at the
place at which it may be found, as it was when lying at the
landings from which it was taken away; and no claim for salvage,
bank leave, or labor expended thereon shall be of any validity
whatever in regard thereto; but the parties owning the same, or
their agents, may enter on the said land, adjoining the said
streams, or within the bed or banks thereof, and remove the
same, by paying such damages as may accrue to the owners of the
land on which said timber may be found. 1873, Feb. 11, P.L. 33,
Sec. 1.
Section 2. Prize masters to be appointed; powers and duties
The Court of Common Pleas of Clearfield County, or two of its
judges, shall appoint three experienced and competent lumbermen,
actually engaged in the business of taking square timber to
market, who shall each give bond in five thousand dollars, with
two sureties to be approved by the said judges, for the faithful
performance of their duties, who shall be known as prize
masters, and shall be subject to the control and jurisdiction of
the said court in all things relating to their said duties; and
it shall be their duty to take charge of all unmarked square
timber, so as aforesaid taken adrift by extraordinary freshets
or ice floods on the stream and its tributaries aforesaid, and
found and being in the bed, on the banks, on lands adjoining the
said streams, or in the custody and possession of persons whom
they have reason to suspect obtained the same without authority,
to gather up the same and secure it wherever found, and in
whosoever possession the same may be, to distinctly mark the
same with a mark by them to be selected and duly registered at
all the booms and in the offices of the prothonotaries of
Clearfield and Clinton Counties, to keep accurate accounts of
the same by size and length, kind of timber, and apparent value;
and they shall hold said squared timber to deliver it to the
owner or owners at any time prior to the sale thereof when he or
they shall satisfy by proof the said prize masters, or a
majority of them, that it is his or their property, and shall
pay to them a just pro rata for the expenses incurred in taking
up and securing the same; they shall, after three months from
such freshets shall have passed, or at such other times as they
may fix, proceed to sell in open market, for the best price they
can obtain, all of the said timber then remaining in their
hands, for which no owner hath appeared and proved his right;
and after deducting expenses of the performance of their duties
herein provided for, and of securing and selling said squared
timber, they shall distribute the proceeds, under the order of
the court aforesaid, pro rata among all those who shall prove to
an auditor, to be by said court appointed, the quantity, value,
kind and character of the timber so as aforesaid taken from
them; and no provision of law now in existence shall authorize
any boom company in said stream to charge for boomage, or hold
therefor any square timber going into the said booms but on
demand therefor, either by the owners thereof or by the prize
masters herein named, the same shall be delivered up at the
earliest day practicable; and a right of action shall accrue to
and exist in favor of said prize masters for all unmarked square
timber, which on demand therefor shall not be to them delivered
by any corporation, person or persons, in whose possession the
same may be; and the said corporation, person or persons, shall
not be permitted to defend said action by showing title or
ownership thereof in any other person or persons, corporation or
corporations, than themselves: Provided, That they may show and
prove a bona fide purchase thereof from the real owner, before
suit is brought. 1873, Feb. 11, P.L. 33; Sec. 2.
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