The Portland gazette. [volume] (Portland, Me.) 1818-1824, 1821-06-26
AN ACT 10 secure 10 owners their property
in Logs, Masts, Spars and other Timber in
certain cases.
SECT. l. B.

Il
certain cases.
cror De IL enacted b. the Senate and Houss
ID of Representatives. az Legislature
assembled, That if any person shall take, carry
away, or otherwise convert 10 his own use, with
out the consent of the owner, any log suitable 10
be sawed or cut into boards, clapboards, shingles.
josts or other lumber, or any mast, spar or other
timber, the property Of another, whether the
owner thereof be known or unknown, lying or
being 10 any river, pond, bay, stream or inlet, or
on the bank shore Of any river, pond, bay,
stream or inlet, within this State; or if any per-
son shall cut out, alter destroy any mark or
marks o. any owner owners, made on any such
log mast, spar or other timber, whett er the
owner thereof be known unknown the per-
son so offending shall forfeit and pay TO the use
of the State, fine not less than twenty five dol
lars, nor more than fifty dollars, for each and
every such log, mast, spar or other piece Of tim
Der 50 taken, carried away or converted or upon
which the mark or marks 50 made, shall have
been cut out, altered or destroyed as aforesaid,
to be recovered by Indictment before any court
OF competent jurisdiction, with costs Of proseCu-
tIon or any person committing either Of the of
fences aforesaid shall forfeit and pay the sum Of
twenty five dollars for every log, mast, spar, or
other piece Of timber, 50 by him taken, carried
away or converted, or on which such mark or
marks shall have been cut out, altered or des-
troyed, when the owner or owners thereof shall
be unknown, 10 the use of the person who shall
sue therefor the sum Of fifty dollars for every
such log, mast, spar or other piece Of timber,
when the owner OF owners thereof shall be known
to the use of such owner or owners to be reCOv-
cred in an action Of debt in any court of Compe-
tent jurisdiction.
SECT. 2. BE AZ further enacted. That all logs,
masts, spars, other pieces Of timber, carried by
freshets, or otherwise lodged upon any lands adj
joining sand rivers, ponds. bays, streams nets,
shall be forfeited TO, and become the property of
the owner or occupier Of the lands, 50 incumber-
ed, after the expiration Of two years from. the
time the same may have been carried or lodged
upon said lands, if improved, or after the expira
tIon Of four years, if the same are unimproved.
SECT. 3. Be az further enGtsed That the owner
or owners Of such logs or other timber, mentioned
in The second section OF this act may lawfully
enter said land and remove said timber there
from, at any time within two years from the time
the same may have lodged as aforesaid, on said
lands II improved, or at any time within four
years as aforesaid If unimProyed, on paying or
rendering 10 the owner occupier Of the said
lands incumbered, with logs or other timber a
reasonable compensation for the damages which
said owner or oocupier may have sustained by
said logs, and as may be occasioncd by The re-
mOTaI OF the same.
SECT. Z. BE At further enacted, That when
ever the owner or owners OF such timber mention
ed in the Cond and third sections of this act,
shall remove the same from any of said lands, or
have caused the same 10 he removed therefrom,
without having paid or rendered the compensa-
ton for damages in the third section OF this act
Is prescribed the owner or occuper Of such land
may commence, and is hereby authorized 10
have and maintain an action Of the case against
the owner or owners Of said timber, or agains the
person or peuons removing the same, 10 recover
compensation for the damages aforesaid PTori-
Ged, That said action be commenced within one
year from the time said timber is removed from
said land.
SECT. 5. BE ii further enacted. That whenever
any logs, masts, spars or ether timber, shall be
taken up and secured for the owner below the
great boom, 90 called, IN Saco River between
Biddeiord and Saco, the person or persons so
taking up and securing said logs, mssts, spars or
timber, shall be entitled TO one sixth part Of said
logs, masts, spsrs timber If taken up ADORE
the lower falls ca said riyer, and below said boom;
or if taken up and secured below said lowest falls
on Saco river, third part of all logs nasts
spsrs or other timber 80 taken up and secured
70! the owner a, the bridges called Springs