P. L. 480.

of thirty days, unless sooner claimed by the owner or owners thereof. In case no 19 April 1864 § 2. person or persons shall appear, claiming and owning said lumber or logs, within the said period of thirty days, then it shall be the duty of the person or persons who shall have taken up and secured such lumber, to advertise the same once a week, for four successive weeks, in the county paper having the largest circulation in that neighborhood; each insertion shall give a true description of the kind and Description. quality of the lumber, and of the mark or marks that may be on it, and notice where the same is located. And in case no person or persons appearing, claiming If not claimed, the and owning such lumber or logs, during the period aforesaid, then the person or person taking up persons who shall have taken up and secured such drifting lumber, shall be at appropriate it. liberty to appropriate the same to his, her or their own use, after paying all charges and damages for securing and advertising the same.

the lumber may

Ibid. § 3.

41. Any person or persons claiming to be the owner or owners of lost lumber in the river aforesaid, or his, her or their agent, shall make claim thereto in writing, Claims to be on verified by an oath or affirmation, to be taken before any officer of this state, quali- oath. fied by law to administer oaths and affirmations, and shall pay, or offer to pay the Payment of comcompensation for securing the same required by this act, together with the expenses

pensation.

as to other claim

of advertising as aforesaid, shall be entitled to immediate possession of such lumber, and be at liberty to go on with the necessary tools, teams and men, to remove the same, without let or hindrance; and such claim shall be considered, in all courts of Evidence of title. this state, conclusive evidence of title: Provided, That nothing contained in this Not to affect title section shall be so construed as in any wise to affect such title to lumber or logs, as ants. between such claimant and any other claimant or claimants of the same. And any person or persons making a false claim to such lumber or logs, under oath or affir- Penalty for making mation, shall be deemed guilty of perjury, and on conviction thereof, shall be subject to all the penalties with which such crime is punishable in this state.

false claim.

Ibid. § 4.

42. Any person or persons who shall take up and secure any kind of lumber or logs while adrift, or that may be lodged upon the shore or islands of said river, in Penalty for removcase of accident or flood, and shall convey away the same to a greater distance ing or secreting than twenty yards from the margin of said river; or who shall secrete the same in lumber. any place whatever; or who shall fail or neglect to advertise the same (if over the value of five dollars), as aforesaid; or who shall appropriate the whole or any part thereof to his own use, without having first complied in all respects with the requirements of this act; or who shall aid in, assist or procure the same to be done; shall be held and deemed guilty of a misdemeanor, and on conviction thereof, shall be fined three times the value of the lumber so secreted or removed, and imprisonment not exceeding two years, or both, at the discretion of the court.

Ibid. § 5.

43. In any case where lost lumber or logs of any kind shall, without assistance, lodge upon the shore or islands of the Delaware river, it shall be the duty of the To apply to lumperson or persons owning or having possession of such shore or island, to advertise her lodging on the same as required by this act, as though it had been taken up and secured islands." as drifting lumber; and in case no person or persons appearing, claiming and owning such lumber, either before or during the period of advertising the same, the person or persons having possession of or owning such shore or island, shall be at liberty to appropriate such lumber to his, her or their own use: Provided, That in case any person or persons shall appear in proper time, claiming and own- Compensation to ing such lodged lumber, and shall verify such claims, as required in the third be paid by claimsection of this act, and shall pay or offer to pay one-half the rates of compensation for securing drifting lumber, as provided in the first section of this act, shall be entitled to all the privileges, and subject to all the penalties, the same as though such claim was made for obtaining possession of drifting lumber.

ant.

Ibid. § 6.

made. Referees to be

44. When any lumber in raft shall be injured, in consequence of piers, dams, wings, walls or other obstructions in the Delaware river, it shall be the duty of the Claims for damages owner of such lumber, if he make claim to damages, to make such claim within to lumber in raft, three months from the time of injury sustained; and it shall be lawful for the when and how party or parties making such claim, to name one person as referee, and for the party or parties upon whom said claim shall be made, to name one person as chosen. referee; and the referees so named and agreed upon shall select an umpire, and to the three persons so chosen, shall be referred all claims for damages sustained, as aforesaid; said referees shall be sworn to perform their duties impartially, and shall immediately, upon being so sworn, assess the damages sustained, if any, and within ten days thereafter furnish to each of the parties, a copy in writing of their award; the award of said referees shall be final and conclusive in all cases, where Award, when conthe claim to damages shall not exceed two hundred dollars.

clusive.

45. The provisions of this act shall not apply to any rafts that may break loose Ibid. § 7. from their moorings, or that may be lost from any cause, below the Trenton bridge, Not to apply to on the Delaware river, commonly known as tide-water.

(4.) In the Schuylkill.

tide-water.

P. L. 588.

46. All persons taking possession of logs, shingles or lumber of any kind, found 11 April 1866 § 1. adrift in the river Schuylkill, or in the river Delaware, having drifted out of the river Schuylkill, and who shall secure the same in a safe and convenient place,

11 April 1866 § 1.

P. L. 588.

Compensation for securing floating

lumber in the river Schuylkill, &c.

Ibid. § 2.

If not claimed

to be advertised.

Description.

If not claimed, to

and in all respects comply with the regulations hereinafter mentioned in this act, shall be entitled to demand and receive of the owner or owners of such logs, shingles or lumber, as a full compensation for their labor, expense and damages, the following sums, viz.: for single logs, fifteen cents each; for sections of rafts, containing not less than ten, nor more than twenty logs, ten cents for each and every log; for sections of rafts, containing more than twenty logs, eight cents for each and every log; and for a whole raft of logs, five dollars; for shingles, thirty cents per thousand; and for lumber, in amounts not exceeding five thousand feet, thirty cents per thousand feet, and for amounts exceeding five thousand feet, twenty cents per thousand feet; all of which shall be paid by the person or persons owning and claiming such logs, shingles or lumber, upon receiving possession of the same.

47. It shall be the duty of every person or persons taking possession of logs, shingles or lumber, found adrift in the rivers aforesaid, to secure the same in some within thirty days, safe and convenient place, at or within thirty yards of the margin of said rivers, there to remain for the space of thirty days, unless sooner claimed by the owner or owners thereof. In case no person or persons shall appear, claiming and owning said logs, shingles or lumber, within said period of thirty days, then it shall be the duty of the person or persons who shall have taken up and secured such logs, shingles or lumber, to advertise the same once a week, for four successive weeks, in the county paper having the largest circulation in that neighborhood; each insertion shall give a true description of the kind and quality of said logs, shingles or lumber, and of the mark or marks that may be on the same. In case no person or persons appearing, claiming and owning such logs, shingles or be sold at public lumber, during the period aforesaid, then the person or persons so having saved and secured the same, shall sell the same at public sale, after giving ten days' public notice, by handbills, of the time and place of sale; and the proceeds of such sale or sales shall remain in the hands of the said seller for the period of one year after each sale, subject to the claim of the said owner of the said logs, shingles or lumber, so sold. After deducting the compensation above mentioned, and the expenses of such advertisement and sale, and upon due proof of property in said logs, shingles or lumber, being first made, and if no owner or owners of said property shall appear to claim said proceeds of sale, or having failed in his proof of property, then and in that case, the said proceeds shall be and become the property of the person or persons having secured and sold the said logs, shingles or lumber.

sale.

Notice.

Appropriation of proceeds.

Ibid. § 3. Claims to be on oath.

Payment of compensation.

Evidence of title. Not to affect title as to other claim

ant.

Ibid. § 4.

Penalty for removing or secreting lumber.

Ibid. § 5.

48. Any person or persons claiming to be the owner or owners of lost logs, shingles or lumber on the rivers aforesaid, or his, her or their agent, shall make claim thereto in writing, verified by an oath or affirmation, to be taken before some officer of the state qualified by law to administer oaths and affirmations, and shall pay, or offer to pay, the compensation for securing the same required by this act, together with the expenses of advertising, as aforesaid, shall be entitled to the immediate possession of such logs, shingles or lumber, and be at liberty to go on, with the necessary tools, teams and men, to remove the same, without let or hindrance; and such claim shall be considered in all courts of this state conclusive evidence of title: Provided, That nothing contained in this section shall be construed in any wise to affect the title to such logs, shingles or lumber, as between such claimant and any other claimant or claimants of the same.

49. Any person or persons who shall take up and secure any logs, shingles or lumber when adrift, or that may be lodged upon the shores or islands of said rivers, in case of accident or flood, and shall convey the same away to a greater distance than thirty yards from the margin of said rivers; or who shall secrete the same in any place whatever; or who shall fail or neglect to advertise the same, as aforesaid; or who shall appropriate the whole or any part thereof to his own use; or who shall purchase the same, except at public sale, as aforesaid; shall be held and deemed guilty of a misdemeanor, and on conviction thereof, shall be liable to pay a fine of three times the value thereof, or undergo an imprisonment not exceeding one year, or both, at the discretion of the court.

50. In case where lost logs, shingles or lumber, shall, without assistance, lodge To apply to lumber upon the shores or islands of said rivers, it shall be the duty of the person or lodging on islands. persons owning or having possession of such shore or island, to comply with the requirements of this act, the same as though said logs, shingles or lumber had been taken up and secured as drifting; and the claimant and owners of said logs, shingles and lumber shall be entitled thereto, or to the proceeds thereof, upon complying with the provisions of this act in reference to drifted logs, shingles or lumber, upon paying, or offering to pay, one-half of the rates of compensation provided for in the first section of this act.

10 April 1862 § 6. P. L. 896.

III. Boom companies.

51. No incorporated boom company upon said streams (2) shall be held legally

(2) The West Branch of the Susquehanna and its tributaries.

P. L. 896.

responsible for any logs or lumber such as they are authorized by their respective 10 April 1862 § 6. charters to catch or stop, that may escape from any booms, unless the same shall have been duly marked as aforesaid, with registered marks; and the production Responsibility of to the officers of said companies of a certificate, as provided in the 2d section of boom companies. this act, shall be sufficient evidence to warrant the delivery of any lumber caught, in said booms, to the person, party or company certified to be the owner or owners of the marks thereon, or his, her or their agent or agents, in the absence of any express notice of any other claim to the same: Provided, That this section shall not be so construed as to prevent the said companies from collecting boomage upon such non-marked lumber, according to the provisions of their respective charters: Provided further, That such boom companies shall not be released from legal responsibility for any such logs or lumber as may escape from the control of the owner or owners, by reason of high water, or from other causes, which may be stopped by, or come into any boom as aforesaid.

P. L. 211.

52. It shall not be lawful for any boom company, incorporated by any law of 5 June 1876 § 1. this commonwealth, to charge or collect upon any timber, logs or lumber, of any description, boomed, rafted or in any way secured or taken care of by said boom Tolls of boom comcompany, a larger sum in the aggregate than one dollar per thousand feet, board panies regulated. measure; which said sum of one dollar shall include all and every charge or charges for toll or boomage, rafting, warps, wedges, and for every other kind of material used, and labor and service performed by said boom company in the discharge of its duties and exercise of its functions, or powers, or privileges as a boom company in regard to the said timber, logs or lumber, so boomed, rafted or in any way secured or taken care of by said boom company: Provided, That this act shall only apply to those boom companies in whose charges (charters) the right to regulate their tolls has been expressly reserved to the legislature.(a)

IV. Lumbering over unimproved lands.

P. L. 868.

ing over unim

53. It shall be lawful for any person or persons, firm or corporation engaged in 15 May 1871 § 1. the business of lumbering in the counties of Clinton, Centre, Clearfield and Elk, (b) to pass and repass over the unimproved land of any other person or per- Rights of persons sons, to enable the said person or persons, firm or corporation, so engaged in lum- engaged in lumberbering, his or their agents and employés, to have ingress and egress to and from proved lands. the timber lands or mills upon or at which they are engaged in said business; and it shall be lawful for the person or persons, firm or corporation, so engaged in lumbering, to lay out and open all roads which he or they may deem necessary, upon any unimproved lands, for the purpose of transporting his or their logs, timber, lumber, shingles or other property, and to take, use and occupy such unimproved land (not being used or occupied by the owner or owners of said land), as shall be necessary for the purpose of piling and banking the said logs, timber, lumber, shingles or other property: Provided, That the rights granted by this Damages to be presection shall not be exercised, until the owner or owners of the lands so taken, paid. used and occupied, shall be fully prepaid the damages he or they shall sustain by reason thereof, or the same shall be secured to him or them as provided in the second section of this act.

Ibid. § 2.

Assessment of

damages.

54. In case the person or persons, firm or corporation, and the owner or owners of land taken, used and occupied, in accordance with the provisions of the foregoing section, shall be unable to agree upon the amount of damages to be paid for such use and occupancy, it shall be lawful for the said person or persons, firm or corporation, to file in the office of the clerk of the court of quarter sessions of the county wherein the land is located, his or their petition to the said court for the appointment of viewers to appraise and ascertain said damages, and to file with such petition his or their bond to the commonwealth of Pennsylvania, in such sum, and with such sureties, as shall be approved by a judge of said court (said approval to be indorsed in writing on the said bond), conditioned to pay to the owner or owners of the lands the damages which may be ascertained and awarded by the viewers, and confirmed by the court, together with such costs as may be decreed against the petitioner or petitioners. And therefore (thereupon) it shall be the duty of the said court, at its next succeeding term, to appoint three disinterested persons, who, after giving at least five days' notice to the parties, their agents or attorneys, shall proceed to view and assess said damages, considering the advantages and disadvantages to accrue, and make report thereof to the next court of quarter sessions; whereupon the said court shall proceed thereon in the same manner as is or shall be provided in the case of road views in said county; with power to order a review, or confirm the report, and to decree payment of costs by either party, or divide the same between them, as justice and equity may require. 55. In addition to the business of lumbering referred to and provided for in 2 April 1873 § 1. said act, (c) the same shall be taken to provide for the transportation of all kinds

(a) The act 6 April 1870, P. L. 52, providing for annual reports and state tax, was repealed by the act 1 June 1889, § 36, P. L. 420. See tit.“Taxes." (b) Extended to Cambria county, by act 15 March

P. L. 488.

1872, P. L. 376; to Carbon, Luzerne and Monroe counties, by act 10 April 1873, P. L. 634; and to Cameron county, by act 2 April 1873, P. L. 488.

(c) Act 15 May 1871, supra 53-4.

2 April 1873 § 1. of bark used for tanning purposes, the same as if tan-bark had been included with logs, timber, lumber, shingles and other property in the provisions of said act.(d)

P. L. 458.

Act of 1871 extended.

V. Defacing brands.

23 May 1887. P. L. 167.

Defacing brands on

&c.

Conversion of such logs, &c.

56. Any person or persons, other than the lawful owner or owners, who shall deface, obliterate or remove, or procure another or others to deface, obliterate or remove, any mark, letter or brand from any saw-log, board, shingle, bolt or lumber floating saw-logs, of any kind, floating in or lodged upon the banks of any of the rivers or streams of this commonwealth, or who shall destroy, split, saw or in any way convert the same to his or their own use, or who, not being the owner or owners thereof, shall knowingly sell any such logs, boards, shingles, bolts or other lumber, or who shall knowingly buy the same from any person or persons than the owner or owners, or who shall wilfully or with intent to defraud and injure another or others, counterfeit or use the mark, letter or brand, used by him or them on any such logs, boards, shingles, bolts or lumber of any kind, shall be guilty of a misdemeanor, and upon conviction thereof shall be sentenced to undergo an imprisonment for any period not exceeding two years, and to pay a fine not exceeding one thousand dollars, both or either, at the discretion of the court.

Counterfeiting brands.

Penalty.

27 April 1864 § 1. P. L. 618.

Standard of lumber.

21 March 1873 § 1. P. L. 48.

Sale of timber on the Ohio.

VI. Measurement.

57. It shall not be lawful for any person or persons engaged in the business of purchasing, collecting or furnishing shingles or hoop-poles, shaved hoops, straps, shucks, staves and heading, of any kind of material whatsoever, used in the manufacture of wooden vessels, to demand or deliver more than ten hundred pieces in number for one thousand; and that when any or either of the above-mentioned articles of lumber be purchased or sold by the thousand, it shall be so considered, any custom or usage to the contrary notwithstanding.

58. It shall be lawful for all persons having timber, boards or other lumber upon the Ohio river, or any of its tributaries, in this state, to sell the same under any measurement they may agree upon, or under measurements which may be made by any person or persons whom they and their vendees, under contract, may select, any local law, usage or ordinance to the contrary notwithstanding: Provided, That square timber shall be measured with the usual five-inch hook, unless the parties shall otherwise contract.

(d) Extended to Cameron county, by act 2 April 1873, P. L. 488.

LUNATIC ASYLUMS.

30. Detention in violation of the act, a misde- prison or penitentiary. meanor. Damages may be recovered.

45. Discharge by order of court. Committee to be indigent insane under their care. Liability for exnotified.

88. Provisions for transfer of insane from penitentiary to continue in force.

89. Commitment of inebriates, temporarily insane. Security to be given for expenses. Indemnity for ex

48. Committee may compel discharge. Notice of penses, under habeas corpus. order.