P. L. 383. Exceptions. 10 April 1862 § 2. provisions of this act, either by the owner of the mark mentioned therein, or by any other person or persons, agent or agents, with the authority from the owner or owners, in writing, indorsed thereon, or annexed thereto for the purpose, and duly acknowledged before any officer authorized to take acknowledgments of deeds or other writings: Provided, That this section shall not apply to any incorporated boom company, or to lumber of any of the kinds aforesaid, taken up below said Susquehanna boom. And for the purpose of encouraging persons to catch, taking up lumber take up and secure logs and lumber floating down the Susquehanna river, below the Susquehanna booms, it shall and may be lawful for any person or persons so taking up and securing any of the said kinds of lumber, so found floating down the said river, below said booms, to charge and receive from the owner or owners of said lumber the sum of fifty cents per thousand feet, board measure, and to have a lien upon the same until payment is made or tendered by the owner or his agent; and for all such lumber as aforesaid, taken up below the Columbia bridge, seventy-five cents per thousand feet, board measure. Compensation for not so protected. Ibid. Owner may enter upon lands, to so marked. Assessment of damages. Capias. 18. The owner or owners of any of the kinds of lumber aforesaid, their agent or agents, shall have the right, and by this act are authorized, to enter peaceably upon the lands, mills or other premises of any person or persons above said Sussearch for lumber quehanna booms, doing no damage, to search for any such lumber, duly marked with registered marks as aforesaid, and shall have the right, and by this act are authorized, to remove any such lumber, marked as aforesaid, without let or hindrance, first paying to the owner or owners of such mill, premises or land the actual damage done thereto, by occasion of such lumber having floated or remained thereon, or damage done in the removal of such lumber therefrom; and if the parties cannot agree as to the amount of damages done as aforesaid, the said lumber shall be delivered up to the owner or owners thereof, his, her or their agents, upon the production of a certificate, as provided in the 2d section of this act. And the owner or owners thereof, his, her or their agents as aforesaid, shall be liable to arrest, at the suit of the owner or owners of any such mill, premises or land as aforesaid, upon a capias ad respondendum, from which he or they shall not be discharged, until he or they shall give bail absolute, before the justice or prothonotary who shall issue the same, to pay to the owner or owners of any such mill, premises or land as aforesaid, the amount of the judgment that may be finally recovered for the damages as aforesaid, with costs of suit: Provided, That if the person or persons commencing any such suit as aforesaid, shall fail to recover, on final hearing, a greater amount than was tendered by the owner or owners, his, her or their agents as aforesaid, at the time of claiming such lumber as aforesaid, then the party plaintiff shall pay the party defendant, his, her or their necessary costs of suit, and for his, her or their witnesses; which costs as aforesaid shall be paid before the amount of the judgment obtained shall be collected, or be made a set-off against the same; and it shall not be required, upon the trial of any such case, to bring the money offered into court. Bail. Costs. Ibid. § 4. When unclaimed lumber to be forfeited. Advertisement. Ibid. § 5. Penalty for fraudulent use of another's mark. 19. If any of the kinds of lumber aforesaid, duly marked with registered marks as aforesaid, which may float or come upon any land as aforesaid, shall not be claimed as aforesaid, within three months thereafter, the same shall be forfeited to the use of the owner or owners of any such land as aforesaid: Provided, That the said lumber shall have been first advertised for three successive weeks in the newspaper published nearest to said land, the cost of which to be added to the other charges, and paid by the owner, before he shall be entitled to remove the said lumber. 20. If any person or persons shall fraudulently or wilfully use the registered mark of another; or shall fraudulently make claim to be the owner of any lumber of any kind, whether marked or not, in and along said streams and main river; or shall fraudulently refuse to deliver up any lumber of the kinds aforesaid, duly stamped or marked as aforesaid, in accordance with the 2d and 3d sections of this act; or shall, without authority from the owner or owners thereof, wilfully deFor fraudulent re- face or obliterate any marks, names, figures, letters or other devices of designa For fraudulent claim. fusal to deliver. For defacing marks, &c. Ibid. § 7. Repeal of certain acts. tion thereon, whether registered or not; or shall fraudulently saw, split, consume, destroy or injure, or knowingly permit to be sawed or consumed upon his, her or their mill, or other factory; or shall fraudulently sell or purchase, or convert to his, her or their use any lumber of the kinds mentioned in the 1st section of this act, whether marked with registered marks as aforesaid or not, unless the same shall have become duly forfeited, according to the provisions of this act, or the provisions of existing laws; every such person so offending shall, for every such offence, upon conviction thereof, forfeit and pay a sum not exceeding one thousand dollars, and if the court deem proper, also undergo an imprisonment by separate and solitary confinement, at labor, or simple imprisonment, not exceeding three years. 21. The act of the general assembly of this commonwealth, approved the 20th day of March, Anno Domini 1812, entitled "An act to regulate the taking up of lumber in the rivers Susquehanna and Lehigh, and their branches;" an act approved the 20th day of April, Anno Domini 1853, entitled "An act to regulate the advertisement of lumber lodging upon islands, et cetera;" and an act, approved P. L. 383. the 8th day of April, Anno Domini 1855, entitled "An act supplementary to an 10 April 1862 § 7. act to regulate the taking up of lumber, approved the 20th day of March, Anno Domini 1812;" be and the same are hereby repealed, so far as relates to any of the several kinds of lumber mentioned in the 1st section of this act, having thereon a duly registered mark as aforesaid, in and along the streams and their tributaries mentioned in the 1st section of this act. Ibid. 22. Any bill of sale of any of the kinds of duly marked lumber aforesaid, executed and acknowledged as provided in the second section of this act, either by Effect of bills of the owner of the mark stamped thereon, or his, her or their administrators or exec- sale. utors, or by any sheriff or other public officer, that he has made sale of any such marked lumber as aforesaid, by virtue of lawful authority, shall be primâ facie evidence that the title of the person, party or company owning the mark thereon in such lumber, has become vested in the grantee or grantees mentioned in such bill of sale as aforesaid; and the like effect shall be given to every subsequent bill of sale of any such lumber, made and acknowledged as herein before provided. P. L. 1865. 23. It is hereby declared to be the true intent and meaning of the first section 11 Dec. 1866 § 1. of the act, entitled "An act to regulate the taking up of lumber in the rivers Susquehanna and Lehigh, and their branches," approved the 20th day of March, A.D. What floating lum1812.() that any saw-logs may be taken up under the provisions of said section, ber may be taken whether the same be put into the said stream intentionally or otherwise, and whether up. the same be floated intentionally or otherwise; the true intent and meaning thereof being that no saw-logs may be floated or driven therein, unless rafted and under the pilotage and control of men, and that all saw-logs not so rafted and under the pilotage and control of men, shall and may be taken up under the provisions thereof: Provided, That this section shall only apply to the Susquehanna river, between the town of Northumberland and the line of the state of Maryland. And the person Fees. or persons taking up any of said saw-logs so floating, shall be entitled to receive froin the owners thereof fifty cents for each log before delivering up the same. Within what limits. Ibid. § 2. Lumber not to be 21. It shall not be lawful for any person or persons, company or companies, corporation or corporations, to float, or direct and authorize to be floated down the Susquehanna river, between the town of Northumberland and the line of the state floated within cerof Maryland, any saw-log without the same being rafted and joined together, or tain limits, unless enclosed in boats, and under the control, supervision and pilotage of men specially in rafts, &c. placed in charge of the same and actually thereon. And any person or persons may take up the said saw-logs, or any of them, if they be found floating loose in said stream, and not under the personal charge of some one upon the same, and taken up. Loose logs may be shall have the right to hold and possess the same against all persons whatsoever : Provided, That if the owner or owners of said saw-logs, or their agents, shall appear Claims. and demand the same from the captor or captors, and shall and do pay therefor to the said captor or captors fifty cents for each and every saw-log so taken up, within two months from the date of their being so taken up, it shall be the duty of the captor or captors to deliver over said logs to the owner or owners; but if no such When to become owner, or his or their agents, shall appear within said time, and pay, or offer to pay, captors." the property of the to the said captor or captors the said salvage-money, the said saw-logs shall be absolutely forfeited to and become the property of the said captor or captors.(w) 25. It is the true intent and meaning of the several acts of this general assembly, 11 Feb. 1878 § 1. regulating the taking up of lumber or logs adrift in the West Branch of the Sus- P. L. 33. quehanna and its tributaries, that none of the provisions thereof are applicable to Acts not to apply squared timber taken from landings or moorings, or from the banks of the said to lumber taken from landings by streams, within the counties of Elk, Cambria, Cameron, Clearfield, Indiana, Centre, extraordinary Clinton or Lycoming, by extraordinary freshets or ice floods, and driven or floated freshets. down the said streams thereby; but that all of the said squared timber so as afore- Property of owner said taken adrift and lodged or found upon the banks, within the bed, or on lands not to be divested. 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, allowed. as it was when lying at the landings from which it was taken away; and no claim And no claim for for salvage, bank leave, or labor expended thereon shall be of any validity what- salvage to be ever 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. Ibid. § 2. Prize-masters to be 26. 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 appointed. thousand dollars, with two sureties to be approved by the said judges, for the To give bond. faithful performance of their duties, who shall be known as prize-masters, and Their duties. shall be subject to the control and jurisdiction of the said court in all things relat (v) Supra 6-8. This act is not unconstitutional. Craig v. Kline, 65 P. S. 399; s. c. 2 Leg. Gaz. 81. (w) The owner's title cannot be divested, without notice. Craig v. Kline, 65 P. S. 309; s. c. 2 Leg. Gaz. 81. Wendt v. Craig, 67 P. S. 424. The mere retention by the captor, during the time for paying the salvage, is not notice, and does not, ipso facto, vest the property in him by way of absolute forfeiture. Wendt v. Craig, 67 P. S. 424. The residue of this act was repealed, by act 13 April 1868. P. L. 92. P. L. 33. 11 Feb. 1873 § 2. ing 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 who they have reason to suspect obtained the same without authority, to gather up the same and secure it wherever found, and in whosesoever 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 the 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 prizemasters herein named, the same shall be delivered up at the earliest day prac Prize-masters may ticable; and a right of action shall accrue to and exist in favor of said prizebring suits. master, 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 bonâ fide purchase thereof, from the real owner, before suit is brought. Boom companies to deliver up lum ber on demand. 6 March 1849 § 1. P. L. 138. Persons taking up lumber in the Ohio, Allegheny or Mo nongahela, to advertise the same. If not claimed within three months, to be forfeited. Ibid. § 2. Compensation. Penalty for refusal to restore, on pay ment of fees, &c. For obliterating marks. Or for buying or selling such lumber, unless forfeited. (2.) In the Ohio, Allegheny and Monongahela. 27. If any person or persons shall take up any logs, shingles, shingle-bolts, boards or lumber of any kind, or any flat-boat floating upon the waters of the Ohio, Allegheny or Monongahela rivers, or of any of their tributaries, or lying upon the shores of the same, it shall be the duty of such person or persons so taking up such logs, lumber or flat-boat, within five days after taking up the same, to make out a list and description of such logs, lumber or flat-boat, with the marks, letters or names thereon, and to post up such list and description in at least three conspicuous places in the town, township, ward or borough in which such logs, lumber or flat-boat were taken up; and if the owner or owners of any such logs, lumber or flat-boat, his or their agent or agents, shall not call for and take away the same within three months after the giving of the notice aforesaid, such logs, lumber or flat-boats shall become forfeited to the person or persons so taking up the same. 28. Any person or persons taking up and securing any logs, shingles, shinglebolts, boards or lumber of any kind, or any flat-boat upon any of the waters or shores of the Ohio, Allegheny and Monongahela rivers, or of any of their tributaries, shall be entitled to receive from the owner or owners thereof, his or their agent or agents, the sum of six cents for every log, the sum of one cent for every shingle-bolt, the sum of six cents for every bunch of shingles, the sum of fifteen cents for every thousand feet of boards, and the sum of four dollars for every flat-boat so taken up and secured; (x) upon the payment of which sum or sums or upon tender or payment thereof by the owner or owners of such logs, lumber or flat-boat, his or their agent or agents, such logs, lumber or flat-boat shall be forthwith delivered up to the owner or owners of the same, his or their agent or agents. And if any person or persons taking up such logs, lumber or flat-boat, or if any person or persons in whose possession the same may be found, shall neglect or refuse to deliver up as aforesaid the same to the owner or owners thereof, his or their agent or agents; or if any person or persons shall deface or obliterate any marks, letters or names on said logs, shingles, shingle-boats, boards or lumber of any kind, or any flat-boat; or if any person or persons shall knowingly sell or purchase any such logs, lumber or flat-boat, or shall saw such logs, or shall convert any such logs, lumber or flat-boat to his or their use in any way, unless the same shall have been forfeited as directed in section first of this act; he or they offending in any manner as aforesaid, shall forfeit and pay to the owner or owners of such logs, lumber or flat-boat, treble the value thereof, to be sued for and recovered (x) See act 5 April 1862, P. L. 259, as to Armstrong county. P. L. 138. in the same manner as other debts are now recoverable by law. And any person or 6 March 1849 § 2. persons offending in any manner as aforesaid, shall also, for each and every such offence, be liable to a penalty of fifty dollars, one-half to the use of the common- Proviso. wealth, the other half to the use of the person suing for the same; the said penalty to be sued for and recovered in the same manner as other penalties of like amount are now recoverable by law: ***(y) And provided further, That the provisions of this act shall not extend to the cities of Pittsburgh and Allegheny, excepting so much thereof as provides penalties for withholding or secreting any such lumber or flat-boat or obliterating or defacing any mark or marks thereon. P. L. 888. 29. The first and second sections of an act entitled "An act to regulate the tak- 14 April 1863 § 1. ing up of lumber and flat-boats, in the Ohio, Allegheny and Monongahela rivers, and their tributaries," approved the 6th day of March, Anno Domini 1849, be and Extended to oil the same is hereby extended to empty barrels, intended to hold oil, or to any bar- barrels. rels containing oil, afloat upon the said rivers, and their tributaries; and the amount which any person or persons shall be entitled to receive for taking up and securing each empty barrel shall be eight cents, and for each barrel filled with oil sixteen cents. 2 May 1876 § 1. P. L. 193. 30. It shall and may be lawful for any person or persons, party or company, who are or shall be engaged in lumbering, in any manner, upon the Allegheny river, or any of its tributaries, in the county of McKean, to adopt one mark of Lumber dealers in designation (which mark may either be in letters, figures, words, names or other McKean county devices, at the discretion of such person, party or company), wherewith to stamp may adopt marks. or mark all logs, masts, spars, shingles, shingle-bolts, square timber, broom-sticks, 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; and to fur- To be filed with nish to the prothonotary of the court of common pleas of McKean county, where the prothonotary. 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. Ibid. 31. No person, party or company shall be entitled to adopt more than one of any of the kinds of marks aforesaid as a mark of designation, but any such person, No person to have party or company shall not be prohibited from using any other mark or marks in more than one addition to the mark of designation, for distinguishing different kinds or lots of mark. 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 Certificate. 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 thereof, from time to time, to any person demanding the same, under his hand and the seal of the court. And the said pro- Fees. thonotary shall be entitled to demand and receive for the first certificate as aforesaid, the sum of one dollar, and for every subsequent certificate the sum of twentyfive cents. Ibid. To be primâ facie 32. The said certificate shall be primâ facie evidence of the right of the person, party or company filing the same, to the use of the mark mentioned therein, and that all logs, shingles, shingle-boats, masts, spars, square timber, broom-sticks, evidence of right. boards or other lumber, in and along the streams aforesaid, are (the) property of the person, party or company whose mark of designation, duly registered as aforesaid, shall be thereon. The right to the use of any mark of designation as aforesaid shall depend upon the priority of the registry on record as aforesaid. Ibid. Ibid. § 2. 33. No mark of designation as aforesaid shall be received or filed, or certificate given thereof by the prothonotary aforesaid, if the same shall have been previously Right to be excluregistered; it being the true intent and meaning of this act, to prevent the use of sive. the same mark of designation by more than one person, party or company. 34. 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 Marked lumber mentioned in the first section of this act, which shall be floating in any of the not to be taken up without authority. streams or main river aforementioned in said first section, having thereon any duly registered mark, under any pretence whatsoever. And the owner or owners Rights of owners. of any of the kinds of lumber aforesaid, marked with duly registered mark, 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 provisions of this act, either by the owner of the mark mentioned therein, or by any other person or persons, agent or agents, with the authority from the owner or owners, in writing, indorsed thereon, or annexed thereto for the purpose, and duly acknowledged before any officer authorized to take acknowledgments of deeds or other writings. (y) The omitted part of this act is repealed by act 22 March 1850, § 16. P. L. 267. 2 May 1876 § 3. P. L. 193. for marked lum 35. The owner or owners of any of the kinds of lumber aforesaid, their agent or agents, shall have the right, and by this act are authorized, to enter peaceably Owners may enter upon the lands, mills or other premises of any person or persons, doing no damage, on lands to search to search for any such lumber duly marked with registered mark as aforesaid; and shall have the right, and by this act are authorized, to remove any such lumber marked as aforesaid, without let or hindrance, first paying to the owner or owners of any such mill, premises or land, the actual damage done thereto by occasion of such lumber having floated or remained thereon, or damage done in the removal of such lumber therefrom. ber. Ibid. Damages. Ibid. § 4. Forfeiture of unclaimed lumber. Ibid. § 5. Penalty for fraudulent use of another's mark. 19 April 1864 § 1. P. L. 480. Compensation for securing floating lumber, in the river Delaware. 36. If the parties cannot agree as to the amount of damages done as aforesaid, the said lumber shall be delivered up to the owner or owners thereof, his, her or their agents, upon the production of a certificate, as provided in the second section of this act; and the owner or owners thereof, his, her or their agents as aforesaid, shall be liable to arrest at the suit of the owner or owners of any such mill, premises or land as aforesaid, upon a capias ad respondendum, from which he or they shall not be discharged, until he or they shall give bail absolute, before the justice or prothonotary who shall issue the same, to pay to the owner or owners of any such mill, premises or land as aforesaid, the amount of the judgment that may be finally recovered for the damages as aforesaid, with cost of suit: Provided, That if the person or persons commencing any such suit as aforesaid, shall fail to recover on final hearing a greater amount than was tendered by the owner or owners, his, her or their agents as aforesaid, at the time of claiming such lumber as aforesaid, then the party plaintiff shall pay the party defendant, his, her or their necessary costs of suit, and for his, her or their witnesses; which costs as aforesaid shall be paid before the amount of the judgment obtained shall be collected, or be made a set-off against the same; and it shall not be required, upon the trial of any such case, to bring the money offered into court. 37. If any kinds of lumber aforesaid, duly marked with registered mark as aforesaid, which may float or come upon any land as aforesaid, shall not be claimed as aforesaid, within three months thereafter, the same shall be forfeited to the use of the owner or owners of any such land as aforesaid: Provided, That the said lumber shall have been first advertised for three successive weeks in the newspaper published nearest to said land, the cost of which to be added to the other charges, and paid by the owner, before he shall be entitled to remove the same lumber. 38. If any person or persons shall fraudulently or wilfully use the registered mark of another, or shall fraudulently make claim to be the owner of any lumber, of any kind, whether marked or not, in and along said streams and main river, shall fraudulently refuse to deliver up any lumber of the kinds aforesaid, duly stamped or marked as aforesaid, in accordance with the second and third sections of this act, or shall, without authority from the owner or owners thereof, wilfully deface or obliterate any marks, names, figures, letters or other devices of designation thereon, whether registered or not, or shall fraudulently saw, split, consume, destroy or injure, or knowingly permit to be sawed or consumed, upon his, her or their mill or other factory, or shall fraudulently sell or purchase, or convert to his, her or their use, any lumber of the kinds mentioned in the first section of this act, whether marked with registered mark as aforesaid, or not, unless the same shall have become duly forfeited, according to the provisions of this act, or the provisions of existing laws, every such person so offending shall, for every such offence, upon conviction thereof, forfeit and pay a sum not exceeding one thousand dollars, and if the court deem proper, also undergo an imprisonment by separate and solitary confinement at labor, or imprisonment, not exceeding three years. (3.) In the Delaware. 39. All persons taking possession of logs or lumber of any kind, found adrift in the river Delaware, and who shall secure the same in a safe and convenient place, and in all things comply with the regulations hereafter mentioned in this act, shall be entitled to demand and receive of the owner or owners of such lumber or logs, as a full compensation for their labor, expense and damages, the following sums, viz. for saving and securing single logs, fifteen cents each; for sections of rafts containing not less than ten nor more than twenty logs, the sum of twelve and a half cents for each and every log; for sections containing over twenty logs, the sum of eight cents for each and every log; and for a whole raft of logs, the sum of five dollars. The compensation for sawed lumber shall be as follows: for all parts of rafts containing less than five thousand feet, the sum of thirty cents for each and every thousand feet; for all parts of rafts containing over five thousand feet, and not exceeding fifteen, the sum of twenty cents for every thousand feet; all over fifteen thousand feet, the sum of fifteen cents for every thousand feet; and for a whole raft the sum of five dollars; all of which shall be paid by the person or persons owning and claiming such lumber, upon receiving possession of the same. 40. It shall be the duty of every person taking possession of lumber or logs found If not claimed with- adrift in the river aforesaid, to secure the same in some safe and convenient place, at or within twenty yards of the margin of said river, there to remain for the space Ibid. § 2. in thirty days, to be advertised. |