merated in said section shall have been exported beyond the limits of the United States, contrary to the provisions of this chapter, in any vessel, the master or owner of such vessel shall, for the first offence, forfeit two hundred dollars, to the use of the town or plantation, whence the same were exported. SECT. 23. If, after conviction and the recovery of the penalty, mentioned in the preceding section, such master or owner shall be guilty again of exporting any such articles in the same vessel, contrary to the provisions of this chapter, the like penalty shall be again incurred, and the vessel, if found in this state, shall be forfeited to the use of the town or plantation, where such subsequent offence may have been committed. CHAP. 66. For second offence, vessel al1821, 158, § 7. 1824, 250, § 2. so forfeited. case surveyor, tion, refuse the 1821, 158, § 9. oath of office. SECT. 24. If any person, duly elected a surveyor, measurer, Provision, in viewer or culler of any of said articles under the provisions of this &c. on elecchapter, shall neglect or refuse to take the oath of his office, and to serve therein, he shall forfeit three dollars to the use of the town, and another person shall be elected to his place, whose duty it shall be to take the oath and serve, as aforesaid, under the like penalty; and the like proceedings may be had, until the office shall be filled. cial duties. SECT. 25. If any such officer, duly qualified, shall unnecessarily Penalty for refuse or neglect to attend to the duties of his office, when requested, neglect of offihe shall forfeit three dollars, for each offence, to the use of the town, 1821, 158, § 10. by which he was appointed. connivance. SECT. 26. If he shall connive at, or willingly allow, any breach For fraud or of the provisions of this chapter, in another person, or if he shall 1821, 153, 10. be guilty of any other fraud or deceit in the exercise of his office, he shall forfeit thirty dollars, to the use of such town. forfeitures. SECT. 27. All pecuniary penalties mentioned in this chapter Recovery of may be recovered by indictment, or by complaint of any inhabitant penalties and of the town, interested therein, or by an action of debt, brought by the treasurer of such town; and all other forfeitures shall be prosecuted for, and recovered, by a libel filed by any inhabitant of such town, or the treasurer thereof, under the provisions of chapter, one hundred and thirty two. and measurers SECT. 28. The selectmen of any town, or the assessors of any of surveyors plantation, may, if they deem it necessary, annually appoint any of logs. number of suitable persons, not exceeding seven, to be surveyors 1829, 447, § 1. and measurers of logs, who shall be sworn. SECT. 29. Any such surveyor and measurer may inspect and survey, and measure all mill logs floated or brought to market, or offered for sale, in their respective towns or plantations, and divide them into several classes or denominations, corresponding to the different quality of boards and other sawed lumber, which may be manufactured from them; and they shall give certificates under their hands, of the quantity and quality thereof, to the person, at whose request the same shall be so measured and surveyed. Their duties. 1829, 447, § 1. CHAP. 67. Penal forfeit ures, for the unlawful conversion of logs, masts or spars. 1839, 370. 2 Greenl. 130. 3 Greenl. 202. 16 Maine, 67. CHAPTER 67. OF TIMBER UPON RIVERS AND STREAMS, AND ON ADJACENT LANDS. SECT. 1. Penal forfeitures, for the unlawful conversion of logs, masts or spars. 2. Such unlawful conversion declar- 3. Penalties for cutting out, altering, 4. Double damages also recoverable, by the owner. 5. What shall be presumptive evi- 6 Right of owner to search on the 7. Logs in any boom, on Saco river, SECT. 8. Penalty, for neglect or refusal. 12. Right of action, when such tim- 13. Construction of this chapter, in reference to certain local laws. SECTION 1. If any person shall take, carry away, or otherwise convert to his own use, without the consent of the owner, any log, suitable to be sawed or cut into boards, clapboards, shingles, joists 1831, 521, 1. or other lumber, or any mast or spar, the property of another, whether the owner thereof be known or unknown, lying and being in any river, pond, bay, stream or inlet, or on, or near, the bank or shore thereof, within this state, he shall forfeit, for each and every such log, mast or spar, twenty dollars, to be recovered on complaint before any justice of the peace of the county, where the offence shall be committed; one half to the use of the state, and the other half to the use of the complainant; provided, that such person shall not, for the same offence, have been convicted and sentenced, under the provisions of the following section. Such unlawful conversion de clared to be lar ceny. 1831, 519, § 8. 1836, 243. 1839, 370. Penalties for cutting out, al tering, or destroying marks. 1831, 521, § 1. Double dama erable by the owner. 1831, 521, § 1. SECT. 2. If any person shall, fraudulently and wilfully, take and convert to his own use, either by himself, or by another in his employment, any such log, mast or spar, lying or being, as described in the preceding section, for the purpose of being driven to a market, or a place of manufacture, he shall be deemed guilty of larceny, and punished for that offence, as provided in chapter, one hundred and fifty six; provided, he shall not have been convicted and sentenced, under the preceding section. SECT. 3. If any person shall cut out, alter or destroy any mark, made on any such log, mast or spar, lying and being, as described in the first section, without the consent of the owner thereof, and with the intent to claim the same, he shall be liable to the penalty, provided in the first section; to be recovered in the same manner and to the same uses. SECT. 4. Every person guilty of either of the offences described ges also recov in the preceding sections, shall, whether convicted in a criminal prosecution therefor, or not, be liable to pay the owner of any such log, mast or spar, respecting which the offence was committed, double the value of the same; to be recovered in an action of debt. SECT. 5. In any prosecution, under the preceding sections, if such log, mast or spar, shall be found in the possession of the defendant, with the marks cut out, or altered, or partly sawed or What shall be presumptive evidence of guilt. 1831, 521, § 4. manufactured, into lumber of any kind, or partly destroyed, not CHAP. 67. being his own property, it shall be considered, as presumptive evidence of his guilt; and the burden of proof shall be upon him to discharge himself. Pen SECT. 6. The owner of any such logs, masts or spars, may, at Right of owner any time, by himself or his agent, enter, in a peaceable manner, to search on the mill, boom, or upon any mill or mill brow, boom, or raft of logs or other timber, raft of another in search of any such logs, mast[s] or spars, which he may have person. alty for oblost; and any person, who shall wilfully prevent, or obstruct, such structing. search, shall forfeit, for each offence, not less than twenty, nor more 1831, 521, § 6. than fifty dollars; to be recovered, in an action of debt, to the use of the person, by whom, or on whose account, such entry was claimed. river, to be re SECT. 7. If any boom, now or hereafter erected, across or partly Logs in any across the Saco river, or any of the waters connected with the said boom, on Saco river, shall be placed, or constructed, so as to prevent the free and leased, on reusual passage of timber down such river, the owner, or occupier, of 1831, 1831, 521, § 5. the said boom, at his own expense, shall release and turn out the timber, so detained, whenever requested to do so by the owner thereof; provided, it can be done with safety. sal. SECT. 8. If the owner, or occupier, of such boom shall, for two Penalty, for days, after such request, if it can be done with safety, neglect or neglect or refurefuse to turn out and release the timber, so detained, he shall for- 1831, 521, § 5. feit to the owner of the timber, the amount of all damages, by him sustained, to be recovered by an action on the case. ers are inter SECT. 9. Any person, whose timber, in any of the waters of When logs of this state, shall be so intermixed with the logs, masts or spars of different ownanother, that the same cannot be conveniently separated, for the mixed, how purpose of being floated to the market, or place of manufacture, they may be may drive all logs, masts and spars, with which his own are so inter- 1831, 521, § 7. mixed, toward such market or place, when no special and different 9 Greenl. 21. provision is made, by law, for driving such timber; and shall be entitled to a reasonable compensation, from the owner, to be recovered after demand, therefor, on the said owner or agent, if known, in an action on the case; and he shall have a prior lien on the Lien for the exsame, until thirty days after the timber shall have arrived at its place penses. of destination, in order to enable him to attach the said logs, masts and spars, in such action; and if the owner of such logs cannot be ascertained, the property may be libeled in the manner, provided in chapter, one hundred and thirty two, and so much of the same disposed of, as shall be necessary to defray the expenses thereof; the amount of which shall be determined by the court, before which the libel is heard. upon banks. SECT. 10. All logs or other timber, carried by freshets, or other- Forfeiture of wise lodged upon any lands, adjoining any of the waters within timber, lodged this state, shall be forfeited to the owner or occupier of such lands, 1331, 521, § 2. after the same shall have so remained two years, if such lands shall, during that time, have been improved; otherwise after six years: provided, that the owner or occupier of such lands shall, within one year, after the same shall have been found so lodged, Previous notice advertise, as near as practicable, the number of pieces of timber, required. the time when lodged, together with the marks thereon, and the CHAP. 67. place where found, three weeks, successively, in some public newspaper in the county, if any, otherwise in the paper published by the printer of the state. Owner may remove the same at any time, on tender of the damages and expenses. SECT. 11. The owner of the said timber may enter on the said land, and remove the timber, at any time before the forfeiture, as provided in the preceding section; he previously having tendered to the owner or occupier of the land, a reasonable compensation 1831, 521, § 3. for all damages, occasioned by the lodging, remaining or removal of said timber, and the expenses of advertising the same. Right of action, when such timber has been removed. Construction SECT. 12. If the timber shall have been removed by the owner, or otherwise, without such tender, the owner of the land shall be entitled to recover, in an action of trespass, all reasonable damages, 1831, 521, § 3. occasioned by the lodging of such timber, its remaining on the land, or the removal of the same, and his expenses of advertising, if any. SECT. 13. The provisions, contained in this chapter, shall not of this chapter, be construed, as restraining, or varying, the operation of an act, passed on the eleventh day of February, in the year, eighteen hundred and thirty two, entitled, "an act, in addition to an act, to secure to the owners, their property in logs, masts, spars and other timber," nor of any other act now in force, having local application to any particular river, or other part, or district of this state. in reference to certain local laws. 1832, 8, § 7. Bounty on co coons, raised in the state. 1836, 237, § 1. Bounty on silk, reeled from CHAPTER 68. OF THE CULTURE OF SILK. SECT. I. Bounty on cocoons, raised in the SECT. 3. Proof to be offered to town treas SECTION 1. A bounty of five cents for every pound of cocoons, raised in this state, shall be paid from the treasury of the town, in which they were raised. SECT. 2. A bounty of fifty cents, for every pound of silk, reeled from cocoons, raised in this state, shall be so paid to the person 1836, 237, § 1. reeling the same. such cocoons. Proof to be of fered to town treasurer. SECT. 3. The treasurer of such town must be furnished with satisfactory proof, that such cocoons were raised, or reeled, in such 1836, 237, § 2. town by the applicant; and the person, applying for either of such bounties, shall make oath, that no bounty had been received by any person for the cocoons or silk, so presented for a bounty. State to refund to the town treasurer. SECT. 4. Every town treasurer shall keep an account of the money paid, by virtue of this act, and present the same, verified 1836, 237, § 3. by his oath, to the legislature, next after the payment of any bounty, for allowance; and being found correct, the same shall be allowed and paid out of the state treasury. CHAPTER 69. OF USURY. SECT. 1. Legal interest, six per cent. per an- SECT. 6. An innocent indorsee, not to be af num. 2. Excess, not recoverable. 3. Defence may be made by the party's oath. 4. Certain contracts excepted. 5. Excess paid, above six per cent., may be recovered back. fected. 7. Of costs, in suits on usurious con- 8. Action to recover excess, limited SECTION 1. The legal rate of interest, upon the loan, or forbearance, of any money, goods or merchandise, or things in action, shall continue to be six dollars upon one hundred dollars, for one year; and at that rate, for a greater or less sum, and for a longer or shorter term. CHAP. 69. Legal interest, six per cent. 1834, 122, § 1. per annum. 1834, 122, § 2. 13 Mass. 515. 14 Maine, 240. SECT. 2. If any person, upon any contract, mortgage or assur- Excess, not reance, hereafter made, shall take, directly or indirectly, for loan of coverable. any moneys, wares, merchandise, or any other commodity, above the rate of interest, mentioned in the preceding section, and if, upon any such contract, bond, mortgage or assurance, whereupon, or whereby, there shall be reserved or taken above the rate of interest aforesaid, an action shall be commenced against the debtor, he may, on the general issue, avail himself of this act, and thereby avoid the excess, over and above said legal rate of interest. 4 Mass. 516. 9 16 Mass. 288. Metc. 105. SECT. 3. In any such action, sued on any such bond, contract, Defence may be made by the mortgage or assurance, wherein or whereby, a sum is secured or party's oath. given, for forbearance or giving day of payment, for any particular 1834, 122, § 3. time, then, if the creditor be alive, and the debtor, or any one of Mass. 326. them, when there are two or more, shall come into court, where the 10 Mass. 502. cause is pending, and shall actually swear, that there is reserved, 1 or secured, on such bond, mortgage or contract or assurance, above the legal rate of interest, above mentioned, or that the creditor has received more than the legal rate of interest, above stated, for the forbearance of the money, or other things, lent or sold, all such excess, above legal interest, shall be void: and the debtor shall be discharged from the payment of it, unless the creditor, or one of them, if there be more than one, will swear, that he has not, directly or indirectly, wittingly taken or received more than the legal rate of interest; and that by such bond, mortgage, contract or assurance, there is not reserveď more, than such legal rate of interest. tracts except ed. SECT. 4. Nothing in this chapter shall extend to letting cattle, Certain conor other usages of the like nature, in practice among farmers, or maritime contracts among merchants, as bottomry, insurance, or course of exchange, as has been heretofore practised. 1834, 122, § 3. 12 Mass. 365. Excess paid, cent., may be recovered back. above six per SECT. 5. Whoever, on any such loan, shall in any manner pay a greater sum or value, than is by law allowed to the creditor, may, or his personal representatives may, recover of the creditor, or his representatives, by action at law, the excess, so received by such 1834, 122, § 4. creditor, whether in money or other property. SECT. 6. The preceding section shall not extend to bills of An innocent exchange, or promissory notes, payable to order or bearer, in the indorsee, not to be affected. 1834, 122, § 4. |