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marks; con


§ 295. If any person shall cut out, alter or de- Defacing face any mark made upon any lumber, whether lumber. the same be recorded or not, or put a false mark upon any lumber floating in any of the waters of this state or lying on land; he shall, for every offense, forfeit to the owner of the lumber twentyfive dollars, and is guilty of a misdemeanor, and whoever converts to his own use, without the owner's consent, any such lumber floating or on land, shall, for every offense, forfeit to the owner treble damages.

2 R. S., 109, §§ 10, 11.

lumber forbidden.

§ 296. No person, not authorized as in the next stopping section provided, shall stop, obstruct or bring to land on any island or shore of the River Hudson, north of the south limits of the city of Albany, any lumber floating in the river, without the consent of the owner of the lumber, under penalty of ten dollars for every offense, to be recovered by the owner or by the overseers of the poor of the city or town where the offense was committed, for the use of the poor

Ib., 109, § 15.


§ 297. The common council of the city Albany may, from time to time, appoint one

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more persons, resident therein, to take into possession, for the benefit of the owner thereof, any lumber floating in the Hudson, opposite that city, whereof there is no person present

Sale of lumber found at Albany.

Application of proceeds.

on behalf of the owner, to take charge. The persons so appointed shall proceed in the execution of their duties in such manner, and shall receive such compensation, as the common council prescribe; but the compensation, in case of dispute, must be settled by any two fence viewers of the city.

2 R. S., 110, § 16.

§ 298. If the owner of the lumber does not take the same away, within three months after the time when it has been taken into possession by the persons so appointed, they must deliver to the clerk of the city of Albany a description thereof, in the manner prescribed in section 291; and in case no owner claims the same, within six months after filing the notice, the common council shall direct a sale thereof to be made by the clerk, who shall give the notice and be entitled to the compensation provided by sections 292 and 293.

Ib., § 17.

§ 299. The proceeds shall be first applied to the payment of the charges of sale and the compensation of the persons by whom the lumber was taken into possession. The residue shall be paid to the chamberlain of the city, to be by him paid over to the owner, or his representatives or assigns, at any time within twelve months thereafter, on his producing to the common council satisfactory proof of ownership.

Ib., § 18.

claim by the Owner.

§ 300. The rejection of any such claim by the Subsequent common council is conclusive against the claimant, unless, within six months after it, he commences his action for such residue against the city of Albany. In case no claim is made or sustained to such moneys they shall remain for the use of that city.

1 R. S., 110, §§ 19, 20.



SECTION 301. Duties of wreck-masters, officers and citizens.

302. Officers, &c., entitled to salvage.

303. Penalties on officers.

304. Persons having wrecked property to deliver it to an officer.

305. Defacing marks and destroying invoices.

306. Owners of wrecked property may recover it.

307. Duties of sheriffs, coroners and wreck-masters.

308. Perishable property.

309. Order for surrender to claimant.

310. Claimant first to give bond.

311. Action on the bond.

312. Owner may sue, although claim rejected.

313. Salvage to be stated in writing.

314. Proceedings to fix disputed salvage.

315. If no claimant appears, property to be sold.

316. Notice of sales.

317. Notice of wrecked property.

318. Expense of notices.

319. Officers to present all offenses.

§ 301. It is the duty of the wreck-masters

in each county to give all possible aid

of wreck.

and masters,

assistance to all vessels stranded on its coasts, and

to the persons on board the same, and to use their utmost endeavors to save and preserve such persons, vessels and their cargoes, and all goods and

officers and citizens.

&c., enti-
tled to sal-

Penalties on officers.

merchandise which may be cast by the sea upon the land; and to this purpose they shall employ such and so many men as they may respectively think proper. It is the duty of all magistrates, constables and citizens to aid the wreck-masters when required.

2 R. S., 101, §§ 10, 11.

§ 302. All sheriffs, coroners and wreck-masters, and all persons employed by them, or aiding in the recovery and preservation of wrecked property, are entitled to a reasonable allowance as salvage for their services, and to all expenses incurred by them in the performance of such services, out of the property saved; and the officer having the custody of such property shall detain it until the same are paid; but the whole salvage claimed shall not exceed one-half of the value of the property or proceeds on which it is charged; and every agreement, order or adjustment allowing a greater salvage is void.

Ib., 102, §§ 12, 13.

§ 303. Any officer who detains any wrecked property or the proceeds thereof, after the salvage and expenses chargeable thereon have been agreed to or adjusted, and been paid or offered to him, or who is guilty of any fraud, embezzlement or extortion in the discharge of his duties, or violates any provision of this article, shall forfeit treble

damages to the party injured, and is guilty of a misdemeanor.

2 R. S., 103, § 24.

§ 304. Every person who takes away any goods Persons


from any stranded vessel, or any goods cast by the sea upon the land, or found in any bay creek, or who knowingly becomes possessed of any such, and does not deliver the same, within forty-eight hours thereafter, to the sheriff or one of the coroners, or wreck-masters of the county where the same were found, shall forfeit treble their value to the owner or consignee thereof, and is guilty of a misdemeanor.

Ib., 103, § 25.

any manner

having wrecked

property to

deliver it to an officer.

marks and destroying invoices.

§ 305. Every person who defaces or obliterates Defacing the marks on wrecked property, or in disguises the appearance thereof, with intent to prevent the owner from discovering its identity, and every person who destroys or suppresses any invoice, bill of lading, or other document tending to show the ownership, is guilty of a misdemeanor. Ib., 105, § 26.

§ 306. Wrecked property may be kept or re- Owners of claimed at the time of the wreck, by the owner, may recover

consignee, or other person entitled to possession, but if any person has a just claim for salvage and necessary expenses incurred in saving it, they must be paid before the property is recovered.

2 R. S., 100, § 1.

wrecked property


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