TITLE 15. When own logs, &c. may take them. 31. Whenever any logs, timber, boards or plank in rafts or otherwise, shall have been drifted upon any island in any of the waters ers of drifted within this state, or upon the bank or shore of any such waters, the owner of such logs or other lumber, may take the same away, on his first paying or tendering to the owner or possessor of the land on which the same shall have been drifted, the amount of the damages which such owner or possessor shall have sustained by reason thereof, and which may accrue in the removal of such logs or other lumber.41 $ 2. If the parties cannot agree as to the amount of such damages, either party may apply to any two of the fence-viewers of the town or city in which such lumber may be found, whose duty it shall be, after hearing the proofs and allegations of the parties, to determine the same, at the expense of the owner of the lumber, and their decision shall be conclusive.41 Damages when ascertained by fence view ers. Powers of fence-view ers. Notice of drifted lum. ber when to be given to town clerk. To be filed, &c. Lumber to be detained, &c. To be sold if not claimed $3. The fence-viewers, or either of them, shall have power to issue process for such witnesses as may be desired by either party, and to administer oaths to all witnesses produced before them. S4. If the owner of such lumber shall not, within three months from and after the time when such lumber shall have been so drifted, take the same away, it shall be the duty of the owner or possessor of the land on which the same may have been drifted, to deliver to the clerk of such city or town, a note in writing, signed by him, describing as near as may be, such lumber, together with the quantity and mark or marks thereof, and the place where the same is lodged.42 S5. It shall be the duty of the clerk, to whom any such note in writing shall be delivered, to file the same in his office, and to produce the same for the inspection of any person who shall request it.42 $6. The person delivering such note in writing, may detain the lumber described therein, until the owner thereof shall appear and pay the damages, if any, which such person shall be entitled to demand; which damages shall be settled, in case of disagreement between the parties, by the fence-viewers, in the same manner as above provided. $ 7. If no person shall, within six months after the filing of such in 6 months. note in writing, claim the lumber described therein, it shall be the duty of the owner or possessor of the land whereon the same shall have been drifted, to give notice thereof in writing, to the clerk of the city, or town, who shall cause such lumber to be sold by public auction, after giving at least twenty days' previous notice of such sale, by advertisement, to be posted up in at least three of the most public places in such city, or town. 42 Fees on sale. $8. The clerk making the sale, shall be entitled to the same fees therefor, as are allowed to officers making sales on executions issued (41) 2 R. L. p. 236, § 3; Laws of 1825, p. 280, § 2. (42) 2 R. L. p. 236, § 4, 5, 6 & 7 out of justices' courts. The monies arising from the sale, shall be TITLE 15. applied, 1. To the payment of such fees: and, 2. To the payment of the damages, which the owner or possessor of the land shall have sustained, by reason of such lumber, and which may accrue in the removal thereof: 3. The surplus, if any, shall be paid by the clerk of the city, or Proceeds how town, to the treasurer of the county, wherein such lumber shall have applied. been found, for the use of the poor. 43 be assessed before pay ment. $9. Before the clerk shall pay out any of said monies, for the Damages to damages of the owner or possessor of the land, such damages shall be assessed by any two fence viewers of the city or town, and a specification thereof, signed by such fence-viewers, shall be filed in the of fice of such clerk. Defacing and forging marks $10. No person shall cut out, alter, or deface any mark, made upon any logs, timber, boards, or plank, or put a false mark upon in certain any such logs, or other lumber, floating in any of the waters of this lumber. state, or lying on the banks or shores of any such waters, or at any saw-mill, or on any island where the same may have drifted; and whoever shall violate the provisions of this section, shall, for every offence, forfeit to the owner of such logs or other lumber, the sum of twenty-five dollars, and shall also be deemed guilty of a misdemeanor, and on conviction, shall be imprisoned not exceeding six months, at the discretion of the court.43 lumber float $11. Whoever shall convert to his own use, without the consent Converting of the owner thereof, any logs, timber, boards, or plank, floating in ing, &c. any of the waters of this state, or lying on the banks or shores of any such waters, or on any island where the same may have drifted, shall, for every offence, forfeit to the owner of such logs, or other lumber, treble damages.43 put on timber 1- in certain places; $ 12. Every person who shall put any logs or timber into the wa- Marks to be ters of the Hudson river, or of its branches, to the northwest of Baker's falls, for rafting or floating down said river, or its branches, shall select some mark, different from any mark previously recorded, and put the same in a conspicuous place, upon each log, or stick of timber, so put into said river, or its branches, and shall cause his mark to be recordto be recorded by the town clerk of the town of Queensbury, whose duty it shall be to enter the same in a book, to be kept by him for that purpose, which shall be subject to the inspection of any person requiring it.43 cd in Queens bury. S 13. Every such person, who shall neglect to enter his mark as Consequence required in the foregoing section, shall be debarred from all the be- of neglect. nefits arising from the due entry of such mark; and the assignee or (43) 2 R. L. p. 236, § 4, 5, 6 & 7. TITLE 15. vendee of any such logs or timber, shall be subject to the same regulations and restrictions.44 Fees. $ 14. The clerk of the town of Queensbury shall be entitled to a compensation of twenty-five cents for entering every such mark, to be paid by the person requesting the same to be entered; and a Entry, evi- copy of such entry, certified by such clerk, shall be received as presumptive evidence, in all courts in this state, that the lumber having such mark, is the property of the person by whom such mark was selected and recorded.44 dence, &c. Penalty for drawing tim. ber, &c.floating, to shore &. Persons in take care of 15. No person, not authorised as herein after directed, shall stop, take up, draw to, or lodge on the shore of Hudson river, or on any island therein, north of the south boundary line of the city of Albany, on either shore of said river, any logs, timber, boards, or plank floating in said river, without the consent of the owner thereof; and every person offending in the premises, shall, for every such offence, forfeit the sum of ten dollars, to be recovered by the overseers of the poor of the city or town where the offence was committed, for the use of the poor thereof.45 16. The common council of the city of Albany may, from time appointed to to time, appoint one or more persons resident therein, to take into umber, &c. possession any such logs, timber, boards, or plank, for the benefit of the owner thereof, in case such owner shall not reside in said city, or shall have no agent there, or shall be unknown. The persons so appointed shall proceed in the execution of their duties in such manner, and shall receive such compensation, as the said common council shall prescribe; but such compensation, in case of dispute, shall be settled by any two fence-viewers of the city.45 $ 17. If the owner of such lumber shall not, within three months from and after the time when such lumber shall have been taken into possession by the persons so appointed, take the same away, it shall be the duty of the persons so appointed, to deliver to the clerk of the city of Albany, a description of such lumber, in the manner prescribed in the fourth section of this Title; and in case no owner shall claim the same, within six months after filing such note in writing, it shall be the duty of the common council of said city, to direct a sale to be made thereof, by the clerk of said city, who shall give notice in the manner, and be entitled to the compensation above provided.45 $18. The monies arising from the sale, shall be first applied to the payment of the charges of sale, and the compensation of the persons by whom such lumber shall have been taken into possession; and the residue shall be paid to the chamberlain of said city; and the owner, or his representatives or assigns, shall, at any time within (44) 2 R. L. p. 236, § 4, 5, 6 & 7. (45) 2. R. L. p. 235, § 1. twelve months thereafter, be entitled to demand and receive such TITLE 16. residuary monies from the chamberlain of said city, on producing to the common council of said city, satisfactory proof of ownership.46 be brought. $ 19. The rejection of any such claim by the common council, Suit when to shall be conclusive against the right of the claimant, unless within six months after such rejection, he shall commence his action for such residuary monies, against the chamberlain of said city. retain pro $20. If no person shall claim such monies within twelve months When city to after the payment thereof to the chamberlain, or if such claim be ceeds. made and rejected, and no suit be brought as above provided, or no recovery had therein against the chamberlain, such monies shall remain for the use of the city of Albany.4 46 $21. Nothing contained in this Title shall be construed to extend Drift wood. to that kind of lumber called drift-wood.47 TITLE XVI. OF THE PRESERVATION OF DEER AND CERTAIN GAME AND ANIMALS. SEC. 1. Prohibition against killing deer during certain months. 2. What shall be presumptive evidence of such killing. 3. Search warrants for skins, &c. when to be issued. 4. Penalty for violating first section, or concealing skins, &c. 5. Blood hounds, &c. not to be employed in hunting deer. 6. Penalty for setting traps, spears, &c. or watching, &c. to catch deer. 7. Heath-hens, quails, partridges and woodcock, not to be killed at certain times. 8. Penalty for violating last section. 9. Certain acts evidence of such violation. 10. Penalty for killing muskrats, except at certain times and places. II. Penalties when and how sued for and applied. not to be $1. No person shall kill any wild buck, doe or fawn at any time when deer during the months of January, February, March, April, May, June killed. or July.48 evidence of S2. Every person who shall expose to sale any green deer-skin Presumptive or fresh venison, or who shall have the same in his custody, at any such killing. time during the months aforesaid, shall be deemed to have violated the first section of this Title, unless he prove that the buck, doe or fawn of which such green skin or venison was a part, was killed by some other person. 48 warrant for be issued. S3. Whenever any complaint shall be made to a justice of the when search that a violation of the first section of this Title has been com- skins, &c. may peace, mitted, and that any green deer-skin or deer's flesh is concealed, he shall inquire into the matter, and if satisfied by competent testimony, that there is reasonable cause of suspicion to justify such complaint, he shall issue his warrant to any constable of the town, authorising a search in the day time, of any house, store, out-house or other place, where such skin or flesh is suspected to be concealed, and such search shall be made accordingly.48 (46) 2. R. L. p. 235, § 1. (47) Ib. § 5. (48) 2. R. L. p. 233, § 1, 2, 3, 4 & 5. TITLE 16. S4. Whoever shall violate the first section of this Title, or shall conceal any green deer-skin or fresh venison, shall forfeit twelve dollars and fifty cents.* Penalties. Blood hounds &c. Traps, spears &c. watching in night. Killing of heath-hens, quails, par woodcock, tridges and at certain times. Penalty, Evidence of having incur 49 $5. No person shall at any time hunt, pursue or destroy any wild buck, doe or fawn with any blood-hound or beagle, and whoever shall offend herein, shall forfeit twelve dollars and fifty cents.49 $6. No person shall set any trap, or any spear made of iron or other metal, or any sharp stick, either in or out of any pit, for the purpose of catching deer; nor shall any person watch in the night time for the purpose of shooting deer, within thirty rods of any highway: whoever offends against either of these provisions shall forfeit twenty-five dollars. 49 $7. No person shall kill any heath-hens within the county of Queens, between the first day of January and the first Wednesday in October, nor in the county of Suffolk between the first day of January and the second Wednesday in September; nor shall any person kill any quails or partridges in the counties of Queens, Kings, Suffolk and New-York between the fifth day of January and the twenty-fifth day of September; nor in the county of Albany between the first day of March and the first day of October; nor shall any person kill any woodcock in any of the counties above named between the first day of February and the first day of July; nor shall any person kill any pheasants in the county of Albany between the first day of March and the first day of October. 50 S8. Whoever shall offend against the provisions of the last section, by killing any heath-hen, shall forfeit twenty-five dollars; by killing any partridge, one dollar; and by killing any quail, woodcock or pheasant, fifty cents.50 $9. Every person who shall expose to sale any heath-hen, woodred penalty. cock, quail, partridge or pheasant, in either of the said counties respectively, or shall have any of the said game in his possession in either of the said counties, during the time when the killing of such game is forbidden by law, shall be deemed guilty of killing the same game, within the time prohibited. 50 Killing musk rats. Suits for penalties, &c. $10. No person shall kill any muskrat at any other place than along the line of some canal or artificial dam or embankment, between the first day of May and the first day of November in any year; whoever offends against this provision shall forfeit one dollar for every muskrat so killed. 51 $11. The penalties prescribed in this Title, shall be sued for and recovered by and in the name of the overseers of the poor of the town where the offence was committed, in an action to be commenced (49) 2. R. L. p. 233, § 1, 2, 3, 4 & 5. (50) Laws of 1818, p. 265, § 1; of 1822, p. 198; of 1824, p. 201. (51) Laws of 1820, p. 182. |