Pennsylvania Act 1849-119 — LUMBER AND FLAT BOATS TAKEN UP THE OHIO AND OTHER RIVERS

Act text

LUMBER AND FLAT BOATS TAKEN UP THE OHIO AND OTHER RIVERS
                  Act of Mar. 6, 1849, P.L. 138, No. 119              Cl. 32
                                  AN ACT

     To regulate the taking up of lumber and flat-boats in the Ohio,
        Allegheny and Monongahela rivers and their tributaries, and
        to change the schute on Wise's ripple, in the Monongahela
        river, near Fredericktown.

        Section 1.  Duties of persons taking up lumber
        From and after the passage of this act 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-boat, shall become forfeited to the person or
     persons so taking up the same.  1849, March 6, P.L. 138, Sec. 1.
        Section 2.  Compensation for taking up lumber; damages for
     refusal to deliver
        Any person or persons taking up and securing any logs,
     shingles, shingle-bolts, 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; upon
     the payment of which sum or sums, or upon tender of 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 forthwith be 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-bolts, 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 own use in any way,
     unless the same shall have been forfeited as directed in section
     first of this act, he or they so 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 in the same manner as other debts are now
     recoverable by law; and any person or persons offending in any
     manner as aforesaid shall also, for each and every such offense,
     be liable to a penalty of fifty dollars, the one-half to the use
     of the Commonwealth, 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: provided, that if any person or
     persons owning logs, shingles or shingle-bolts on said waters
     shall wish to float the same by driving without rafting, he or
     they shall not be liable to pay any charges for taking up said
     logs, shingles or shingle-bolts, having previously given ten
     days' notice of his or their intention to float the same by
     driving, by posting up bills in three conspicuous places in the
     town, township, ward or borough through which such logs,
     shingles or shingle-bolts may be driven as aforesaid: 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.  1849, March 6, P.L. 138, Sec. 2.