P. L. 257.

furnishing of vinous, spirituous, malt or brewed liquors or any admixture thereof, 9 June 1891 § 8. and to pay all damages which may be recovered in any action which may be instituted against him, her or them under the provisions of any act of assembly, and all costs, fines and penalties which may be imposed upon him or her or them under any indictment for violating this act or any other act of assembly relating to sell

ing or furnishing liquors as aforesaid, and the said bond shall be filed in the office Filing of bond. of the clerk of the said court for the use and benefit of all persons interested therein.

P. L. 474.

their own manu

65. From and after the passage of this act it shall be lawful for distillers of 20 June 1893 § 1. spirituous and vinous liquors within this commonwealth to sell or dispose of spirituous or vinous liquors of their own manufacture, within this commonwealth, Distillers may disin their original packages of a capacity of not less than forty gallons, without ob- pose of liquors of taining a license therefor as required by existing law: Provided, however, That if facture in original any distillers shall sell or dispose of spirituous or vinous liquors not manufactured packages of not by themselves, within the commonwealth, or in any other than original packages, without license. or in a less quantity than forty gallons, such distillers shall be subject to all the Proviso. penalties provided by existing laws for the sale of liquor without a license.

less than 40 gallons,

Ibid. § 2.

To pay additional sum into the state

66. Such distillers shall pay, in addition to the taxes they are now subject to by existing law, into the treasury of the commonwealth for the use of the commonwealth of Pennsylvania, the annual sum of one thousand (1,000) dollars where such distillery is situated in a city, and the sum of two hundred (200) dollars where treasury. such distillery is situated in a borough, and the sum of one hundred (100) 'dollars where such distillery is situated in a township.

67. All laws or parts of laws inconsistent with this act be and the same are hereby repealed.

XVII. Domestic wines, &c.

Ibid. § 3.

Repeal.

2 June 1891. P. L. 173.

68. It shall be lawful for growers of grapes in this commonwealth to manufacture wine from grapes of their own raising which are not first-class or mar- Grape growers ketable, and sell said wine to licensed dealers without taking out or paying a license for such manufacture or sale.

may sell wine to
licensed dealers
without taking
out a license.
20 April 1858 § 8.
P. L. 366.
Manufacturers and

69. Manufacturers and producers of cider and domestic wines, and bottlers of cider, perry, ale, porter or beer, not otherwise engaged in the sale of intoxicating liquors, nor in keeping any tavern, oyster-house or cellar, restaurant or place of amusement, entertainment or refreshment, shall be allowed to sell the same by bottlers may sell the bottle, or domestic wines and cider by the gallon, without taking out license: without license. Provided, That such liquor is not drank upon the premises where sold, nor at any place provided by such seller for that purpose.

LIVERY STABLES.

See CRIMES; INNS AND TAVERNS.

LOAN COMPANIES.

See BANKS.

LODGING-HOUSES.

See CRIMES; INNS AND TAVERNS.

LOST DEEDS.

See DEEDS AND MORTGAGES.

LOST MORTGAGES.

See DEEDS AND MORTGAGES

1. Corporations organized for the purpose of erecting reservoirs for the storage of water, construction of dams, transmission of power and the driving and floating

10 June 1893. P. L. 287.

of logs, timber and lumber on streams not exceeding thirty-five miles in length Powers of lumber from their source, shall have power to clear out, improve and use any stream, or companies.

the head of any stream, not exceeding in length thirty-five miles from their source,
shall have power to clear out, improve and use any stream, or the head of any
stream, not exceeding in length thirty-five miles from its source, to purchase dams
and erect new dams thereon, may straighten, deepen, crib and widen such stream,
or the head of any stream, for the distance aforesaid, as they deem proper, and
may generally use and manage the streams and the heads of streams for the distance
aforesaid and their improvements thereon for the floating of logs, lumber and tim-
ber thereon, by both natural and artificial floods, in their discretion, but in such
manner as not to obstruct the descending navigation by rafts and boats: Provided, Proviso.
That in case where the heads of streams more than thirty-five miles in length are
improved under the provisions of this act, no tax or tolls shall be charged on timber
or logs passing through, banked or floated from below such improvement: Provided Proviso.
further, That the corporation owning such improvements shall not be required to
operate or furnish the use of such improvements for driving or floating timber or
logs, unless the owners of such timber or logs consent to pay the tolls provided for
in this act: Provided further, That a majority of the stock in any such corporation Proviso.
shall at all times be held by the persons owning lands drained by such streams.(0)

P. L. 287.

2. The improvements of corporations organized for the floating of logs, lumber 22 June 1883 § 3. and timber as aforesaid, and the use of the streams so to be controlled by them, shall be for the public benefit, so that all persons shall have the right to have their Public rights in logs, lumber and timber floated in such streams, with the aid of said improvements, streams improved subject, nevertheless, to the payment of such reasonable tolls and charges therefor, by them. as said corporation, or its proper officers, may require, not in any case to exceed ten cents per thousand feet board measure: And provided, That the control of such improvements shall, at all times, be in the hands of said corporations.

3. Companies incorporated for the purpose of floating and driving logs, timber and lumber on and over any stream shall, before commencing the driving or floating on or over any stream, agree with the owner or owners of any mill or saw-mill dams upon such stream or streams, and the owners of land adjoining such streams, for compensation for any damages that may be occasioned by reason of the erection of splash dams on said streams, and the driving and floating of logs, timber and lumber thereon; and when such company cannot agree with the owner or owners for such dams, or riparian owners, for the damages aforesaid, by reason of incapacity or otherwise, then the damages done or likely to be done to such owner or owners, shall be assessed, and the right of possession and use of the such stream or streams acquired, under the forty-first section of the act to which this is a supplement.(p)

Ibid. § 4.

Damages to be paid or assessed.

Ibid. § 5.

4. Before any such corporation for the floating of logs, lumber and timber shall enter upon and exercise any control over any stream under this act, they shall file Bond to be filed in the court of common pleas of the proper county a bond in such sum and with before entry. such sureties as shall be approved by the said court, or by the president judge thereof in vacation, conditioned to indemnify all and every person whose property may be injured by reason of the construction and operation of the improvements of said corporation.

Ibid. § 6.

5. Nothing in this act contained shall be held to authorize the taking or injuring of private property for a private use, nor to effect in any way any suit at law or in Property not to be equity now pending.

II. Of floating lumber.

(1.) In the Susquehanna and Lehigh.

taken for private

use.

20 March 1812 § 1. 5 Sm. 335. Persons taking up Jumber floating in

6. If any logs, shingles, shingle-bolts, boards or lumber of any kind, which may the Susquehanna have been or may be put into the river Susquehanna, or either of its branches, or or Lehigh, to deinto the river Lehigh, or the waters running into the said river, and which may be nearest justice.

posit list with

(6) This is an amendment of the act 22 June 1883, § 2, P. L. 157, and a further amendment of the act 21 May 1889, § 2, P. L. 259. (p) Tit. "Corporations."

5 Sm. 335.

To be entered on docket and adver

20 March 1812 § 1. taken up by any person or persons, either floating (4) down the waters of either of the said rivers, it shall be the duty of the person so taking up such lumber, to lodge a list by him subscribed, within thirty days thereafter, with the nearest justice of the peace of the town or township where such lumber was taken up, of the number, quality and quantity of the logs, shingle-bolts, boards, shingles or other lumber, with the marks on the same; (r) and the said justice shall enter the same on his docket, and cause the same to be published at least three weeks, in one weekly newspaper of the county wherein such lumber was taken up, for which entry he shall be allowed the sum of twenty-five cents, by the owner of said lumber, if the same shall be taken by him, otherwise to be paid by the person or persons to whom said lumber shall be forfeited; and if any owner of lumber, recorded as aforesaid, or his agent, shall not take away the same within three months after such publication, all such lumber shall become forfeit to the person taking up the same.

tised.

If not claimed within three

months, to be forfeited.

Ibid. § 2.

Compensation for taking up such lumber.

7. Any person or persons taking up and securing any logs, boards, shingle-bolts, shingles or any other lumber, upon any of the waters aforesaid, shall be entitled to receive from the owner thereof the sum of six cents for every log, the sum of one cent for every shingle-bolt, provided the number so taken up shall exceed fifty, the sum of fifteen cents for every hundred feet of boards, the sum of six cents for every hundred of shingles ;(s) as also the costs of advertising the same; upon payment of which sum or sums, or tender of payment by the owner of such lumber, to the person or persons taking up the same, he shall forthwith deliver all such lumber to Penalty for refus- the said owner; and upon neglect or refusal to deliver the same, he shall forfeit and pay to the owner thereof treble the value of said lumber, to be recovered as debts of equal amount are by law recoverable in this commonwealth.

ing to restore the

same on payment of fees, &c.

Ibid. § 3.

8. If any person or persons, taking up any logs, shingle-bolts, boards, shingles or other lumber upon any of the waters aforesaid, shall neglect to lodge a list conPenalty for taking taining a description of such lumber, with the nearest justice of the peace, containup lumber and neglecting to comply ing a description of the quantity, quality and marks of such lumber, or shall with the provisions obliterate, alter or deface any letters, figures or other marks upon the same, or

of this act, &c.

20 April 1853 § 8. P. L. 646.

Extended to lumber lodging on islands.

8 May 1855 § 1. P. L. 529.

Compensation for taking up lumber

in the Susquehanna.

Ibid. 2.

How amount to be fixed in case of disagreement.

Costs.

Ibid. § 3.

Unclaimed lumber to be sold.

Distribution of the proceeds.

open any bundle of shingles, every person so offending, shall pay to the owner of such lumber, double the value thereof; and shall also forfeit and pay the sum of twenty dollars, the one-half to the use of this commonwealth, and the other half to the use of the person who shall sue for the same, to be recovered in the same manner as debts of equal amount are or shall be by law recoverable.

9. It shall be lawful for any person owning or occupying an island in the Susquehanna river to advertise any lumber lodging on his or her land, in the same manner, and under the same terms as is directed in the act of the 20th of March 1812, entitled "An act to regulate the taking up of lumber in the rivers Susquehanna and Lehigh and their branches," to which this is a supplement.

10. Any person or persons who shall take up any boards or lumber of any kind, logs, timber, shingles or shingle-bolts found floating in the river Susquehanna, or either of its branches, shall, in lieu of the compensation now by law allowed, be entitled to a reasonable compensation for all necessary services and expenses in taking up and securing the same, and for advertising it in the manner now by law prescribed. (1)

11. If in case the parties are unable to agree upon the amount to be paid, the lumber, logs, shingles, bolts or timber shall be delivered to the owner, but in such case the owner or owners of the said lumber, or his or their agent having charge of the same, shall be liable to arrest upon a capias ad respondendum, from which he shall not be discharged until he or they shall give bail absolute before the justice who shall issue such capias, to pay to the person or persons taking up such lumber, logs, shingles, bolts or timber, the judgment that may be recovered, with costs of suit: Provided, That if the said owner or owners of such lumber, logs, shingles, bolts or timber, or his or their agent, shall, before the taking away of such lumber, logs, shingles, bolts or timber, have offered to pay to the person or persons taking up the same, in current money, as much as may be recovered in such suit, then and in that case, the plaintiff or plaintiffs shall pay all the defendant's necessary costs; which costs shall be paid before the judgment recovered is collected; and it shall not be required, in such case, that the money offered be brought into court.

12. If any lumber, logs, shingles, shingle-bolts or timber shall not be claimed within three months from the time it was taken up, it shall and may be lawful for the justice with whom a list thereof is filed, to order the sale of the same, by a constable, at public auction, after giving ten days' public notice, by not less than six handbills, posted in the most public places in the vicinity of such lumber, logs, shingle-bolts or timber; and out of the proceeds thereof, the justice shall pay

(q) See Etter v. Edwards, 4 W. 63, and infra 9. (r) This provision is still in force. Craig v. Kline, 65 P. S. 400. If an insufficient and defective list be filed, it cannot be amended, after the owner has exercised his right of recaption; to enable a salvor to retain possession, there must be a strict compliance

with the provisions of the act. Hynicka v. Smith, 26 P. S. 499.

(s) See infra 10.

(t) The salvage for logs stranded upon islands in the Susquehanna River between Northumberland and the Maryland line, is reasonable compensation. West Branch Lumberman's Exchange v. Fisher, 11 C. C. 328.

to the person or persons taking up the same, a reasonable compensation for his services and his necessary costs, which shall be fixed by the justice; and the residue, after the payment of the costs, shall be paid in to the county treasurer for the use of the owner or owners of such lumber, et cetera, who shall be entitled to receive the same, at any time within two years after the same is paid in, by producing to the treasurer satisfactory proof of his right thereto; and if not claimed within two years, the same shall be forfeited to and for the use of the county.

8 May 1855 § 3. P. L. 529.

Ibid. § 4.

13. Every justice with whom a list of any such lumber, et cetera, shall be lodged, shall keep a record of his proceedings in the case; and he and the con- Justice to keep stable shall be entitled to the same fees as are now by law provided for similar record. services.

Fees.

14. The provisions of this act shall apply to any lumber, logs, shingles, shingle- Ibid. § 5. bolts or timber which may lodge upon any islands in the Susquehanna river, or To apply to lumits branches, and be advertised, according to existing laws, by the owner of such ber lodging on island.

islands.

15. The provisions of this act shall not apply to logs, timber, shingles or shingle- Ibid. § 6. bolts, or other property taken up by any incorporated boom company in the commonwealth.

Exceptions.

P. L. 383.

to be exclusive.

16. It shall and may be lawful for any person or persons, party or company, 10 April 1862 § 1. who are or shall be engaged in lumbering, in any manner, upon the West Branch of the river Susquehanna, or any of its tributaries, to adopt one mark of designa- Lumbermen on the tion, (u) which mark may be either in letters, figures, words, names or other West Branch of devices, at the discretion of such person, party or company, wherewith to stamp adopt and register Susquehanna, may or mark all logs, masts, spars, shingles, shingle-bolts, square timber, boom-sticks, their marks. boards or other lumber, put or intended to be put in said stream or its tributaries, to be run, driven or floated to any mills, booms or markets anywhere, at or above the Susquehanna boom, at Williamsport, and to furnish to the prothonotary of the court of common pleas, at Williamsport, in the county of Lycoming, or other county, where the said kinds of lumber shall be put into said stream or tributary, a statement in writing of the mark so adopted as aforesaid, with a certificate appended, that the same has been so adopted as a mark of designation as aforesaid, signed by the person, party or some officer of the company adopting the same as aforesaid. And no person, party or company shall be entitled to adopt Use of such marks more than one of any of the kinds of marks aforesaid, as a mark of designation; but any such person, party or company shall not be prohibited from using any other mark or marks, in addition to the mark of designation, for distinguishing different kinds or lots of lumber, or lumber obtained from different localities, so always as that it interfere not with the mark of designation of any other person, party or company. And it shall be the duty of the prothonotary aforesaid to receive and file of record in his office, any mark stated and certified as aforesaid, and to give a certificate thereof to the person filing the same, and certificates Certificate. thereof, from time to time, to any person demanding the same, under his hand and the seal of the court; and the said prothonotary shall be entitled to demand and Fees. receive for the first certificate as aforesaid, the sum of one dollar, and for every subsequent certificate the sum of twenty-five cents; and the said certificate shall To be evidence of be primâ facie evidence of the right of the person, party or company filing the ownership. same, to the use of the mark mentioned therein, and that all logs, shingles, shingle-bolts, masts, spars, square timber, boom-sticks, boards or other lumber in and along said streams, or in and along the main river Susquehanna, are the property of the person, party or company whose marks of designation, duly registered as aforesaid, shall be thereon. The right to the use of any mark of desig- Priority of regnation as aforesaid, shall depend upon the priority of the registry on record as aforesaid, and no mark of designation as aforesaid shall be received or filed, or certificate given therefor, by the prothonotaries aforesaid, if the same shall have been previously registered; it being the true intent and meaning of this act to prevent the use of the same mark of designation by more than one person, party

or company.

istry.

Ibid. § 2.

17. It shall not be lawful for any person or persons, without authority from the owner or owners, to catch, stop, take up or detain any lumber of any of the kinds Lumber duly mentioned in the 1st section of this act, excepting masts, spars, square timber marked not to be and boards, which shall be floating in any of the streams or main river above said taken up. Susquehanna boom, mentioned in said section, having thereon any duly registered

mark, under any pretence whatsoever. And the owner or owners of any of the Rights of owners. kinds of lumber aforesaid, marked with duly registered marks, or his, her or their agent or agents, shall be entitled to take possession of and remove, at his or their pleasure, any lumber of any of the kinds before mentioned, so taken up, stopped or detained as aforesaid, contrary to the provisions of this act, without being in any manner liable for damages or expenses incurred by any person or persons so taking up, stopping or detaining the same as aforesaid, without let or hindrance, upon the production of the certificate of the prothonotary, made in conformity with the

(u) See Smith v. Haines, 7 Phila. 188. Weiler v. Coleman, 71 P. S. 346.