Clearfield Republican. [volume] (Clearfield, Pa.) 1851-1937, 1873-02-19

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DKCLARATORy OF THE Law RELATIN0 TO
SQUARE TIMDER TAKIN ADRIrT IN
TIE WEST BRANCH, AND REGULATING
THE CONTROL OF rHE sAhH.
SECTION l. Be il enacted, de-, That
II 10 the true intent and moaning Of
tho several acts Of this General As
sembly 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 tim
Der taken. from landings or moorings,
or from tho banks Of tho said streams
within the counties of Elk, Cambria,
Cameron, Cloar6eld, Indiana Centre,
Clinton, or Lycoming, by extraordi-
nary freshets or ice floods, and driven
or doated down the said streams there.
by, but that all Of the said squared
timber 90, as aforesaid, taken adrift
and lodged or found upon the banks,
within the bed or on the lands adjoin-
ing said West Branch or it's tributa-
ries, 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
II may be found, as il was whom lying
at the landings from which II was
taken away, and no claim for salvage,
bank leave, or labor expended thereon
shall DO Of any validity whatever in
regard thereto, but the parties own
ing tho same, or their agents, may en-.
ter on the said lands adjoining the
said streams, or within tho bed or
banks thereof, and remove the same
by paying gauch damages IA may accrue
to the owners of the land on which
said timber may be found.
SEo. 2. That the Court Of Common
Pleas of Clcar6eld county, Or two Of
its Judges, shall appoint three expert
cnced and competent lumbermen, nc
tually 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 perform
ance Of their duties, who shall be
known rs prixo masters, and shall be
subject to the control and jurisdiction
of the said Court in all things relating
to their said duties, and II shall be
their duty to take charge OF all un-
marked square timber 80, as aforc-
said, taken adrift by extraordinary
freshets or ice floods on the streams
and its tributaries aforesaid, and found
and being in the bed, on the banks on
lands adjoinging the said streams, or
in the custody and possession of per.
sons whom they have reason to suspect
obtained tho same without authority,
to gather up the same and secure it
wherever found and in whosesoevcr
possession the same may be, to dis
tinctly mark the same with a mark
by them to be selected and duly reg
istercd at all The booms and in the
offices of the Prothonataries Of Clear
field and Clinton counties, to keep ac-
curate accounts OF the same by size,
length, kind of timber, and apparent
value, and they shall hold said squared
timber, to deliver it to tho owner or
owners at any time prior to the sale
thereof, when he or they shall satisfy,
by proof, tho said prize masters, or
majority Of them, that it is his or their
property, and shall pay to them just
pro rata for the expenses incurred in
tnking 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, tor
the best price they can obtain, oil OF
the said timber then remaining in
their hands tor which no owner hath
appeared and proved his right, and
after deducting the expenses oil tho
performance OF their duties herein pro
yided for and OF securing and selling
said squared timber, they shall dlstri-
butte the proceeds, under the order OF
the Court aforesaid, pro rata among
all those who shall prove, to an Andi.
tor to bo BY said Court appointed, the
quality, value, kind and character OF
the timber so, as aforesaid, taken from
tbcm; and no provision OF law now in
existence shall authorize any boom
company in said stream to charge for
boomagc or hold theefor any square
timber going into tho said booms, but
on demand therefor, either by the
owners thereof. or by the prize mas
ters berein named the same shall bc
da,;r.rod M q, ~ aori;as, day nron
,;c.hla and . r;ah, or action Il. ne.
srrs ~ ond a,;sss IL c.vor oi sa;d nr;,o
- .ss,so. ~ e. G.. III ....sLsd sa.aS. H.,
Der, whicn, on demand tnereior, snail
not be TO them delivered bv apy cor
na..,;on no-aon o. narsnns';n y,hoan
posao' ossoso;nn p,i.o ,ho a. r,"u :. ond ~
p.;', pys''so sn..a,;.n ~; ~ ou""r ~ ~ aar.ons - ~
sI !, w. ~. S'as.o", ~" t.,'. da,apJ A. ia
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