Timber carried

SECTION 1. When any log, mast, spar, or other timber, is carried by away by floods floods into lands adjoining any rivers, streams, or ponds, the owner of may be taken by owners, &c. such logs or other timber may at any time within six months remove R. S. 52, § 1. the same from said land on paying or tendering to the owner or occupant 1841, 26. thereof such reasonable damages as may be caused by such removal; and if the owner of such logs or other timber does not take the same from such lands within said six months, or otherwise agree with the owner or occupant of such lands, then such logs and other timber shall be deemed the property of such owner or occupant.

Penalty for cutting out or altering marks of

owners.

R. S. 52, § 2. 1852, 312.

on timber of

ers.

SECT. 2. Whoever unlawfully cuts out, alters, or destroys, a mark of the owner, made on any log or other timber put into a river, stream, or pond, shall forfeit a sum not exceeding ten dollars for each log or other piece of timber the mark of which he so alters, cuts out, or destroys; and shall be further liable in damages to the owner thereof for treble the value of the same, to be recovered together with said forfeiture in an action of tort.

SECT. 3. Whoever unlawfully cuts out, alters, or destroys any marks unknown own- of such logs or other timber, the owner whereof is not known, shall forfeit a sum not exceeding ten dollars for every log or other piece of timber the mark whereof he so cuts out, alters, or destroys, to be recovered to the use of any person suing for the same.

R. S. 52, § 3.

Possession, &c.,

presumptive evidence of guilt. R. S. 52, §4.

Provisions reg

ulating timber

in Connecticut

River. Liability

of owner.
R. S. 52, § 5.

Penalty for unlawful conversion of timber in rivers, &c. 1854, 339, § 1.

SECT. 4. In suits under the two preceding sections, if the logs or other timber are found in the possession of the defendant, with the marks cut out, altered, or destroyed, it shall be presumptive evidence of his guilt, and the burden of proof shall be upon him to discharge himself. SECT. 5. No person shall cause or permit to be driven or floated down Connecticut River, any masts, spars, logs, or other timber, unless the same are formed and bound into rafts and placed under the care of a sufficient number of persons to govern and manage the same so as to prevent damage thereby. If damage is done to a bridge or dam upon or over said river, by any timber so driven or floated in any manner not herein allowed, the owner of the timber, and every person who causes or permits the same to be so driven or floated, shall be jointly and severally liable for all such damage, to be recovered by the party injured in an action of tort.

SECT. 6. Whoever unlawfully takes, carries away, or otherwise converts to his own use, without the consent of the owner, any log suitable to be sawed or cut into boards, clapboards, shingles, joists, or other timber, or any mast or spar, the property of another, lying or being in a river, pond, canal, lake, bay, stream, or inlet, within this state, shall for every such log, mast, or spar, be punished by fine of not less than five nor more than twenty dollars, or by confinement in the house of correction or jail not less than thirty days nor more than six months.

SECTION 1. Whoever finds lost money or goods of the value of three dollars or more, the owner whereof is unknown, shall within two days cause notice thereof to be posted up in two public places within the city or town where the same was found, and shall also within seven days give notice thereof in writing to the city or town clerk, and pay him twenty-five cents for making an entry thereof in a book to be kept for that purpose; and if the money or goods be of the value of ten dollars or more, the finder shall within one month after such finding cause the same to be advertised in some newspaper or publicly cried, if there is a crier in the place, and notice thereof to be posted up in like manner in two adjoining places.

beasts are taken
up, notice to be

given.
R. S. 56, § 2.

SECT. 2. Whoever takes up a stray beast shall cause to be entered When stray, with the city or town clerk, in a book to be kept for the purpose, a notice thereof, containing a description of the color and natural and artificial marks of the beast; and cause the same to be cried, and notifications thereof containing a like description of the beast to be posted up in the manner provided in the preceding section; otherwise he shall not be entitled to compensation for any expenses which he may incur in relation thereto.

within ten miles

ton.

SECT. 3. If such stray beasts are taken up within ten miles of the Strays taken up agricultural hall in Brighton, the finder within ten days thereafter shall, of agricultural in addition to the notice before required, post up a similar notice in hall in BrighBrighton, at such public place as shall have been designated therefor by R. S. 56, §3. the selectmen of that town; and the finder shall be entitled to receive therefor fifty cents, together with eight cents for every mile travelled for the purpose.

SECT. 4. Every finder of lost goods or stray beasts of the value of Lost goods of ten dollars or more, shall also within two months, and before any use is more to be ap made of the same, procure from the city or town clerk, or from a justice praised. R. S. 56, §4. of the peace, a warrant directed to two disinterested persons, to be appointed by the clerk or justice, and returnable into said clerk's office in seven days from the date, to appraise the same at their true value, upon oath to be administered by the clerk or justice.

to receive his

thereof.

SECT. 5. If the owner of such money or goods, other than stray Conditional beasts, appears within one year after such entry with the clerk, and right of owner makes out his right thereto, he shall have restitution of the same or the goods or value fall value thereof; he paying for entering the same, together with all R. S. 56, § 5. reasonable charges for keeping, notifying, crying, and appraising, as aforesaid, and for necessary travel in the case; which charges shall in case of disagreement between the owner and finder be determined by some justice of the peace.

SECT. 6. If no owner appears within one year, the lost money or goods shall remain to the finder, he paying to the treasurer of the city or town one-half of the value thereof according to said appraisement,

of finder, if no owner ap

pear.

If owner of strays proves

his right within three months.

R. S. 56, § 7.

If such owner

his right, &c.

R. S. 56, § 8.

(all lawful charges being first deducted,) and upon his neglect or refusal to pay the same, it shall be recovered by the city or town treasurer.

SECT. 7. If the owner of such stray beasts appears within three months after such entry with the clerk, and makes out his right thereto, he shall have restitution of the same upon paying the charges as provided in the case of lost goods.

SECT. 8. If such owner does not appear and make out his title to does not prove the beasts within said three months, the finder may sell them by public auction, first giving notice of such sale at least four days before the time of sale, in two public places in the city or town where the beasts were taken up; and the money arising from the sale, after deducting all lawful charges, shall be deposited in the city or town treasury.

Ifs. ch owner

appears in one

year.

If no owner ap

pears.
R. S. 56, § 9.

Penalty, if find

er neglects to

R. S. 56, § 10. 1839, 135.

SECT. 9. If such owner appears within one year after said entry and makes out his title to the beasts, he shall, if they have not been sold, have restitution of the same upon paying the charges arising thereon as provided in the case of lost goods; and if the beasts have been sold he shall be entitled to receive the money so deposited in the treasury from the proceeds of the sale. If no owner appears within said year, the beasts, or the value or price thereof after deducting said charges, shall remain one-half to the use of the finder and the other half to the use of the town, in like manner as is before provided with respect to lost money or goods.

SECT. 10. The finder of lost goods, money, or stray beasts, who give notice, &c. neglects to cause the same to be entered and cried and notice thereof to be posted up as before directed, shall forfeit the value of such goods, money, or beasts, unless he delivers the same or otherwise accounts therefor to the owner thereof, in which case he shall forfeit a sum not exceeding twenty dollars.

for taking

away strays

SECT. 11. Whoever takes away a beast taken up as a stray without without paying paying all lawful charges incurred in relation to the same, shall forfeit to the finder the value thereof, to be recovered in an action of tort.

charges.

R. S. 56, § 11.

Railroads and

steamboats to

publish lists of fects of passen

unclaimed ef

gers.

1851, 147, § 1.

Advertised articles unclaimed

SECTION 1. Every railroad corporation and the proprietors of every steamboat engaged in the transportation of passengers, shall on the first Monday of January and July in each year, publish in one newspaper at least in every county of this state in which such railroad corporation or steamboat proprietors have a passenger station or office, a descriptive list of all trunks, carpet bags, valises, parcels, and passengers' effects, left and then remaining unclaimed at any passenger station or office, or in the possession of such corporation or proprietors, or their agents, and the list shall indicate all such specific marks as may serve to identify the same.

SECT. 2. If at the expiration of six months after such advertisement any of the articles so advertised still remain unclaimed, the railroad by mayor, &c., corporation or steamboat proprietors in whose possession they are shall

to be examined

sold, &c.

give notice to the mayor and aldermen or selectmen of the city or town and ordered in which the articles may be; and said mayor and aldermen or select- 1851, 147, § 2. men shall cause the articles to be examined, and may order them to be sold at public auction upon notice given of the time and place of sale by publishing as aforesaid, or may order any of them to be again advertised and to remain another six months before being sold.

SECT. 3. The proceeds of all articles thus sold, after deducting costs Proceeds of sale of storage, advertising, and other expenses due to such railroad corpora- ever expenses tion or steamboat proprietors, and the costs of said examination and state treasury. sale, shall be paid over to the treasurer of the commonwealth for the 1851, 147, § 3. use of the same.

Penalty for negect to adver1851, 147, § 4.

tise, &c.

1852, 312.

SECT. 4. If any railroad corporation or steamboat proprietors neglect or omit so to advertise and cause to be examined any such effects, the corporation or proprietors shall be liable for all damages on account thereof, to be recovered by the person injured, in an action of tort; and shall also forfeit one hundred dollars for each case of neglect or omission. SECT. 5. When a common carrier has transported property consist- Perishable artiing of fresh meats, fresh fish, shell fish, fruit, or vegetables, to their by common carcles transported place of destination, and has notified the owner or consignee of the ríers may be arrival of the same, and the owner or consignee after such notice has refused or omitted to receive and take away the same and pay the freight and proper charges thereon, said carrier may, in the exercise of a reasonable discretion, sell the same at public or private sale without advertising, and the proceeds after deducting the amount of said freight and charges, and expenses of sale, shall be paid to the owner or consignee: provided, that if the owner or consignee cannot be found on reasonable inquiry, the sale may be made without such notice.

sold.

1857, 237.

pointment; re

remedy on

SECTION 1. The governor, with the advice and consent of the coun- Commissioners cil, may appoint in any county one or more commissioners of wrecks of wrecks; ap and shipwrecked goods, who shall be removable at pleasure. Each of moval; bond, said commissioners shall be sworn and shall give bond to the judge of bond. the probate court for the county in which he resides, with sufficient R. S. 57, § 1. sureties to the acceptance of said judge, for the faithful discharge of his duty. Every person having a claim against such commissioner for a breach or neglect of his official duty, may have a remedy therefor by a suit on his bond, to be prosecuted in the name of the judge of the probate court in like manner as on official bonds given by administrators of the estates of deceased persons.

Commission

hearing of wreck, &c. R. S. 57, § 2.

SECT. 2. Every commissioner, on receiving information of a shipers, duty of on wreck, or of the finding of any shipwrecked goods or property of any kind to the amount of one hundred dollars or more, on any of the shores or waters within his county, or that may be brought within said county, shall immediately repair to the place where the property may be, and if the same is not in the custody of an owner or agent, shall take charge thereof and preserve and secure the same for the owner. SECT. 3. The commissioner in such case may employ as many per sons as he deems necessary to assist in preserving the property, may disobeying or appoint guards to secure the same, and suppress all tumults and disorders. Whoever disobeys a lawful order of the commissioner shall forfeit for every such offence a sum not exceeding ten dollars, to be recovered in an action of tort in the name of the commissioner, to the use of the city or town.

may employ assistants, &c. penalty for

der of.

R. S. 57, § 3. 1852, 312.

shall take an inventory of property, &c. R. S. 57, § 4.

Arbitration between commissioner and owner.

R. S. 57, § 5.

if not agreed to, case to be decided at law.

R. S. 57, § 6.

No person held

to pay for services rendered

missioners, un

less, &c. Appeal from

commissioner;

SECT. 4. The commissioner shall on every such occasion take an inventory of all the property that comes to his possession; and when required by the owner thereof or his agent, or by any insurance company, or underwriter, or other person interested therein, shall make oath to the truth of such inventory, and deliver a copy thereof if required, together with all said property, to the owner, agent, or other person lawfully authorized to receive it: provided, that there shall be first paid, or secured to be paid, to the commissioner a reasonable compensation for his services and expenses, and such custom house duties and other charges as he has paid or become liable to pay upon or for the property in question.

SECT. 5. If the commissioner and other party do not agree on the sum so due to the commissioner, the case may be submitted to arbitrators in the manner provided in chapter one hundred and fortyseven; and all the proceedings therein shall be conducted as provided in that chapter.

SECT. 6. If the parties do not agree to submit the case to arbitrators, it may be decided in an action at common law; to be commenced and prosecuted as the circumstances may require, unless the same is a matter within the exclusive jurisdiction of the courts of the United States.

SECT. 7. No owner or other person interested in such property shall be held to pay to any person, other than one of said commisexcept to com- sioners, any charge for services or expenses in taking or securing the same, unless for property taken or secured before the arrival of a commissioner; in which case, the commissioner shall, upon hearing all power of court. parties interested, determine the compensation to be received as afore said, and from his award in writing there shall be no appeal, unless the whole sum so demanded exceeds fifty dollars, in which case an appeal shall lie to the superior court, by either party aggrieved by the doings of the commissioner; and the court shall in a summary manner hear and determine the case, and may issue all processes necessary or proper to carry into effect their decrees and orders therein.

R. S. 57, § 7.

1859, 196.

Penalty for intermeddling with wrecked property.

R. S. 57, § 8. 1852, 312.

Commissioners to advertise wrecked property.

R. S. 57, § 9. 1852, 312.

SECT. 8. Whoever, after the arrival of the commissioner, takes, detains, or intermeddles with any property shipwrecked or found as aforesaid, except under the directions of the commissioner, or of the owner, agent, or other person interested, shall forfeit a sum not exceed ing one thousand dollars for each offence, to be recovered in an action of tort by the commissioner, owner, agent, or other person interested, to his own use.

SECT. 9. The commissioner, as soon as may be after his arrival at the place where any wreck or goods are found, shall publish the particulars of the shipwreck and goods, with such other material facts as he ascertains, in order that knowledge thereof may be given as soon as possible to the owner, agent, or persons interested; and if he neglects