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the same at the expense of the owner of the lumber, and their decision shall be conclusive.

2 R. S., 108, §§ 1, 2.

town clerk.

§ 291. If the owner of such lumber does not, Notice to within three months from the time when it was so drifted, take the same away, it is the duty of the owner or occupant of the land to deliver to the clerk of the city or town a notice, in writing, signed by him, describing the lumber, as near as may be, together with the quantity and mark or marks thereof, and the place where it is lodged, which notice the clerk shall file for the inspection of any person who requests it.

2 R. S., 108, §§ 4, 5.

§ 292. If no person within six months after the Sale of

filing of such notice claims the lumber, the owner or occupant of the land shall give notice thereof in writing to the clerk, who shall cause the same to be sold by public auction, after giving at least twenty days' previous notice of such sale, by advertisement, posted in at least three of the public places of the city or town.

2 R. S., 108, § 7.

unclaimed

lumber.

293. The clerk is entitled to the same fees Application of proceeds. therefor as are allowed to officers making sales on executions out of justices' courts. The moneys arising from the sale shall be applied by the clerk:

1. To the payment of his fees;

Lumber mark.

2. To the payment of the damages sustained by the owner or occupant of the land by the drifting and in the removal of the lumber, if such damages are assessed by two of the fence viewers of the city or town, and a specification thereof, signed by them, is filed with such clerk, before the sale;

3. Any surplus to the treasurer of the county for the use of the poor.

1 R. S., 108, §§ 8, 9.

§ 294. Every person who puts any lumber into the waters of the River Hudson, or of its branches, to the northwest of Baker's falls, for rafting or floating down the river, or its branches, may select some mark, different from any previously recorded, and put the same in a conspicuous place upon each piece thereof, and enter the mark for record in the office of the clerk of the town of Queensberry. The clerk must record the same in a book kept for that purpose, and subject to the inspection of any person requiring it, and is entitled to a compensation of twenty-five cents for every such mark, to be paid by the person entering the same for record. A certified copy of such entry is presumptive evidence that the lumber having such mark is the property of the person by whom the mark was entered for record.

2 R. S., 109, §§ 12 to 14.

marks; con.

verting

§ 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
for bidden.

§ 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 con-
sent 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 thereof.

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

Albany.

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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.

ARTICLE IV.

WRECKS.

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

Duties
of wreck.

officers and citizens.

in each county to give all possible aid 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 per-
sons, vessels and their cargoes, and all goods and

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