Lewiston teller. [volume] (Lewiston, North Idaho) 1878-1900, 1899-03-15

timber, lumber or other hoatables, to
satisfy said claim or demand with the ex-
pense of said sale, at public auction or
not less than ten days notice, either per-
sonally served upon such owner, or posted
i'll three or more conspicuous places in
the township where such foatables are
held, and i'll either case by posting
like notice also i'll the Office of such per-
son, company or corporation, of the
mark or brand upon such hoatables,
description of the supposed owner of
such floatables, and the charges for which
the same is to be sold.
Secs. Any such person, company or
corporation shall at all times after com
mencing the collection of any tolls from
persons using such improved stream or
waters, keep such portion of the stream
or water clear of all unnecessary
distractions and iii good condition, for
the passage of RATS, timber, logs and
lumber as aforesaid, it shall be the duty
of the said person. company or corpora
ton, without unnecessary delay to make
such repairs as shall restore such stream
or waters to their proper condition, and
| i'll case said person, company or corpo-
ration shall fail to comply with the pro-
visions of this section, the person, COM
neglect or refusal be liable to forfeiture
OF $4,000, to be recovered i'll all action
of debt by any person or persons ag-
grieved or injured thereby; provided,
that in all cases such person, company
or corporation shall first have been mott
fed of such defect and the necessary
time for its repair shall have elapsed af-
ter such notice and before the commence
ment of said suit
Sec. 9. If any person or persons shall
wilfully obstruct any stream or waters
improved under the provisions of this
act, or any part thereof, or shall wilfully
destroy or injure any buildings, piers,
dams, fixtures, banks or other construc-
tons in use upon the same, belonging to
said person, company or corporation,
such person or persons so offending shall
for every offense be deemed guilty Of a
misdemeanor, and shall be punished by
fine not exceeding 10000, or by impris
onlnent in the county Jail not more thar
six months in the discretion of the
courts; provided, that the right to carry
on mining operations, either placer OF
. quartz, together with the right to use
any stream i'll the state fol
, dumping purposes by miners or mint
owners, and the right to use the water
, of any stream in this state for mining
+, agricultural or domestic purposes, anc
q for water power and supply for milling
and to erect bitches and canals and othe
a necessary structures for the purpose o
diverting the waters of any stream 70
: said purposes, shall never be denied o
4 in any manner abrogated or abridged b.
: any of the provisions of this act
!, Sec. 10. If any person or persons shall
) put or cause to be put into said stream O
A waters any logs, timber, lumber or othe
II floatab1es. and shall not make adequat
y provisions and put on sufficient force fc
i breaking jams of such logs, timber, lun
!. Der or other foatables in on upon sue
streams or wates for running, rafting {
. driving the same, and thereby obstruc
u ing the floatage or navigation, it shall |
Io,.,f,I 80, o,,cl, y,arcot, cotupauy or co
70 poration to cause such jams to be broke
and such logs, timber, lumber, or otht
;, floatables to be run, driven, boome'
- RATED or secured, at the charge and e,
4 pense of the person or persons ownir
"a such logs, timber, lumber or other float
h. bles, and said person company or corpor
a. ton shall have lein upon such logs, til
q. Der, lumber or other floatables, as shall
,e sufficient to pay and satisfy all just al
a responsible charges therefor, and expen
- and cost thereof, and shall be entitled
he and retain possession of such logs, timbe
IN lumber or other foatables, Or so nu
he thereof as may be necessary to satisfy t
id amount of such charges for breaking SUI
he jams and for driving, booming; rafti
and running such logs, timber, lumber,
ia other Aoatables, and expenses and co
;s. thereon, until the same be satisfied a
se- paid, and such person, company or c.
lis poration shall proceed to collect s,i
of charges, costs and expenses in the nia
ia ner hereinafter prescribed.
he Sec. II. Any such person, conpa
nd or corporations claiming any liens, m
en- bring an action against the owner OF SD
RI property to determine and satisfy
IN amount of such lien; the proceedings
,er such action shall be in accordance W
re the practice Of the Court in which ST
&c action is commenced, and the prope
,ed so held may be levied upon and sold
I'd satisfy Judgment which may be rende
70 against such owner, together with
Of costs of such suit, including the costs
on, expenses of providing for the care
not safety Of such property.
aid Sec. H. All persons, companies
to corporations complying with the pr
The sions of this Act, who shall improve
aid navigation Of any stream as herein |
ME yided, shall be entitled to all Of the b
any efits of this Act for a period OF fift
;f4v wears from the date of the filing of
cart;6cete nc ,,rovided in Section !