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to or lodge on the shore of Hudson's river, any timber, either round, hewed, sawed or riven, without the previous consent of the owner or owners thereof, every person offending in the premises shall, for every such offence, forfeit and pay the sum of ten dollars, to be recovered in any court having cognizance thereof, by any person who shall prosecute for the same; the one half of which penalty, when recovered, to be paid to the overseers of the poor of the city or town where such recovery shall be had, for the use of the poor thereof, and the other half to the person suing or prosecuting for the same to effect; and all persons so offending shall also be liable to prosecution by the owner of such timber for his or her damages.

II. And be it etc., That if any person or persons shall cut out, deface or alter any mark, or put a false mark on any such timber, either afloat in said river or lying on the bank or shore, or on any land where any such timber may have drifted, or shall convert any such timber to his, her or their own use, not being the owner thereof, every such person or persons is hereby declared guilty of a misdemeanor, and on conviction thereof before any court having cognizance of the same, shall pay a fine not exceeding twenty-five dollars, to be paid to the treasurer of the county where the offence was committed, and applied towards defraying the contingent charges of such county, and all persons so offending shall also be liable to prosecution by the owner of such timber for his or her damages.

III. And be it etc., That it shall and may be lawful for the owner or owners of any timber or raft by him or them found on the bank or shore of the said river, or any streams or land adjoining thereto, wherever the same may have been drifted or carried, to take the same away, paying to the owner or possessor of the land on which the same may be found, the amount of damages he, she or they may have sustained by such timber, and the removal of the same; but if the parties cannot agree in the amount of such damages, it shall be lawful for either party to apply to any two of the nearest fence viewers in the county where such timber may be found, and not interested therein, whose duty it shall be to determine the same at the expense of

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the owner of such timber, whose decision thereon shall be conclusive.

IV. And be it etc., That when any timber in rafts or otherwise, shall be lodged on the bank or shore on either side of Hudson's river, or on any island therein, and if the owner or owners thereof shall not, within three months from and after the time such timber shall have been so lodged, take the same away, then it shall be the duty of such owner or possessor of the land on which such timber or raft shall be so lodged, and he, she or they are hereby required, by a writing under his, her or their hand, to describe such timber or raft, the quantity and mark or marks thereof as near as may be, and lodge the same with the clerk of the city or town where the timber or raft may be so lodged, which writing shall be filed in the office of such clerk for the inspection of any person who may wish to see the same: Provided nevertheless, That nothing in this act contained shall be construed to make the owner of the land on which such timber or raft shall be drifted, liable for the value thereof, unless the same shall afterwards be converted or taken by his connivance.

V. And be it etc., That if no person shall within six months after such writing shall have been so filed, claim such timber or raft, then and in such case it shall be the duty of the owner or possessor of the land whereon such timber or raft shall be so lodged, to inform the clerk of such city or town thereof in writing from under his, her or there hand, and such clerk shall cause such raft or timber to be sold at public vendue, to the highest bidder, after giving notice of the time and place of such sale, by writing under his hand, to be set up in three or more of the most public places in such city or town, not less than twenty-one days previous to such sale, and one half of the net proceeds of such timber or rafts shall be placed in the treasury of such county, to be appropriated in discharging the contingent charges of such county, and the residue thereof to the owner or possessor of the land on which the said timber or raft shall be lodged as aforesaid: Provided however, That none of the penalties of this act shall or may apply to any person for taking up or stopping and making use of all or any such wood as commonly called drift

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REPORT OF THE FOREST COMMISSION.

wood, any thing in this act contained to the contrary notwithstanding.

VI. And be it etc., That this act shall be and remain in force for two years from the first day of May next, and no longer.

CHAPTER 34, LAWS OF 1813.

LOG MARKS.

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Sec. VI. And be it further enacted, That from and after the passing of this act, every person who shall put any logs or timber in the river Hudson or its branches, to the northwest of Bakers Falls (so called) for rafting or floating down said river or its branches, shall put his, her or their mark in a conspicuous place upon each log or stick of timber so put into the said river, or its branches, above the aforesaid place, and cause his, her or their mark to be recorded by the town clerk of Queensbury, whose duty it shall be to enter the same in a book to be kept by him for that purpose; which mark shall be different from any mark previously recorded; and every person neglecting or refusing to enter his, her or their mark, as required by this act, shall in no wise be entitled to any of the benefits or advantages arising from the same, but shall forever be debarred therefrom; and the assignee or vendee of any such logs or tin ber, shall be subject to the like regulations and restrictions; and the said clerk shall be entitled as a compensation for entering the mark of any person to the sum of twenty-five cents, to be paid by the person requesting his, her or their mark so to, be entered; and the book kept by the said clerk as aforesaid, shall be subject to the inspection of any person requiring the same; Provided That nothing in this act contained, shall be co strued to deprive any person or persons of the privileges th who shall put any logs, timber, board or plank in the said riv south of Bakers Falls.

VII. And be it further enacted That a certificate of the ork of the said town of Queensbury, shall be received as ev

dence in any court within this state where any cause shall be pending, of the entry of the mark of any person in the book kept by him for that purpose.

CHAPTER 187, LAWS OF 1825.

AN ACT to prevent the Stopping and Embezzling of Timber floating on the Au Sable River.

I. Be it enacted, That from and after the passing of this act, every person who shall put any logs, timber, boards or planks into the river Au-Sable, in the county of Clinton or Essex, for rafting or floating down the said river, shall put his or her mark in a conspicuous place upon each log, stick of timber, board or plank so put into the said river.

II. And be it further enacted, That so many of the provisions of the first, second, third, fourth and fifth sections of the act, entitled "An act to prevent the stopping and embezzling of timber floating on the Hudson river," passed March 19, 1813, as may be applicable, shall be applied, and shall and may be extended to the said river Au-Sable and its islands and shores, and to any and all logs, timbers, boards and plank which may be put therein for rafting or floating down as aforesaid.

III. And be it further enacted, That whenever any logs, timfr, boards or plank which may have been floated down the said -Sable river, shall be found in the possession of any person her than the owner thereof, such person in whose possession the said logs, timber, boards or plank may be so found, shall be held and deemed liable to the penalties provided by this act, nless such person shall prove that he became lawfully possessed of the same.

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CHAPTER 275, LAWS OF 1829.
NOTICES FOR CONSTRUCTING DAMS.

section 1. In all cases of applications to the legislature for the assage of laws authorizing the construction of dams, in or ross the streams and waters of this state, which are by law

public highways, like notices shall be given and published as are required to be given and published by the third title of the seventh chapter of the first part of the Revised Statutes, in cases of applications for acts of incorporation and in the other cases therein specified.

CHAPTER 533, LAWS OF 1880.

AN ACT to regulate the passage of lumber, logs and other timber upon rivers of this State, recognized by law or common use as public highways for the purpose of floating and running lumber, logs and other timber over or upon the same to market or places of manufacture.

Sec. 1. There shall be no dam hereafter erected on rivers within this State, recognized by law or use as public highways for the purpose of floating and running lumber, logs and other timber over or upon the same, without an apron of at least fifteen feet in width, in the middle of the current of the rivers, of a proper slope, for the safe passage of lumber, logs and other timber; nor shall any bridge hereafter be built over the aforesaid rivers, except in such manner as not to obstruct or prevent the free and uninterrupted passage of lumber, logs and other timber down and along the same.

Sec. 2. Any person or persons who shall hereafter erect any boom or booms or works other than dams in or across the waters of said rivers, for the purpose of stopping or securing lumber, logs or other timber, or any other proper or necessary purpose, shall, within ten days after he or they, or his or their agents shall have received notice by or from any person who shall have lumber, logs or other timber to transport on said rivers, open the said booms or other works so as to permit the assorting and passage and to allow such lumber, logs and other timber to pass through and down said rivers; and for a failure of so doing shall be liable to a penalty of fifty dollars for each day of the continuance of such obstruction, to be recovered by any person aggrieved thereby, and in addition shall be liable for all damages sustained by any person in consequence of such obstructions; and any person willfully obstructing, by booms or otherwise, the

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