Pennsylvania Act 1873-7 — REGULATING THE CONTROL OF SQUARE TIMBER ADRIFT IN WEST BRANCH

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.