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| Home > Statutes > Usa Maine |
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USA Statutes : maine
Title : Title 38. WATERS AND NAVIGATION
Chapter : Chapter 07. FLOATING TIMBER
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Title 38 - §971. Conversion
Title 38: WATERS AND NAVIGATION
Chapter 7: FLOATING TIMBER
§971. Conversion
Whoever 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 the boards, clapboards, shingles, joists or other lumber, or any mast or spar the property of another, whether
the owner is known or unknown, lying in any river, pond, bay, stream or inlet, or on or near the bank or shore thereof, or
cuts out, alters or destroys any mark made thereon, without the consent of the owner and with intent to claim the same, forfeits
for every such log, mast or spar, $20, to be recovered on complaint; 12 for the State and 12 for the complainant.
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 38 - §972. Conversion as larceny (REPEALED)
Title 38: WATERS AND NAVIGATION
Chapter 7: FLOATING TIMBER
§972. Conversion as larceny (REPEALED)
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 38 - §973. Presumptions; double damages
Title 38: WATERS AND NAVIGATION
Chapter 7: FLOATING TIMBER
§973. Presumptions; double damages
In prosecutions under section 971 if a log, mast or spar is found in the possession of the accused partly destroyed, partly
sawed or manufactured, or with the marks cut out or altered, not being that person's property, it is presumptive evidence
of that person's guilt. The burden of proof is then on that person. Whoever is guilty of the offense described in section
971 is liable to the owner, in a civil action, for double the value of the log, mast or spar so dealt with.
[RR 2003, c. 2, §118 (cor).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 38 - §974. Right of owner to search for lost logs
Title 38: WATERS AND NAVIGATION
Chapter 7: FLOATING TIMBER
§974. Right of owner to search for lost logs
The owner of such logs, masts or spars may at any time, by himself or his agent, enter in a peaceable manner upon any mill,
mill-brow, boom or raft of logs or other timber in search of such lost property. Whoever willfully prevents or obstructs such
search forfeits for each offense not less than $20 nor more than $50, to the person by whom or on whose account such entry
was claimed, to be recovered in a civil action.
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 38 - §975. Intermixed logs and timber; lien for expenses; libel
Title 38: WATERS AND NAVIGATION
Chapter 7: FLOATING TIMBER
§975. Intermixed logs and timber; lien for expenses; libel
Any person whose timber in any waters of the State is so intermixed with the logs, masts or spars of another that it cannot
be conveniently separated for the purpose of being floated to the market or place of manufacture may drive all timber with
which his own is so intermixed toward such market or place, when no special and different provision is made by law for driving
it; and is entitled to a reasonable compensation from the owner, to be recovered after demand therefor on said owner or agent,
if known, in a civil action. He has a prior lien thereon until 30 days after it arrives at its place of destination to enable
him to attach it. If the owner cannot be ascertained, the property may be libeled according to law and enough of it disposed
of to defray the expenses thereof, the amount to be determined by the court hearing the libel.
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 38 - §976. Logs or timber lodged on banks; forfeiture; advertisement
Title 38: WATERS AND NAVIGATION
Chapter 7: FLOATING TIMBER
§976. Logs or timber lodged on banks; forfeiture; advertisement
Logs or other timber carried by freshets or otherwise lodged upon lands adjoining any waters are forfeited to the owner or
occupant thereof, after they have so remained for 2 years, if such lands during that time were improved; otherwise, after
6 years; provided such owner or occupant, within one year after the same were found so lodged, advertises, as nearly as practicable,
the number of pieces of timber, the time when lodged, together with the marks thereon and the place where found, 3 weeks successively
in some newspaper in the county, if any, otherwise in the state paper.
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 38 - §977. Owner may remove on tender of damages; damages for landowner
Title 38: WATERS AND NAVIGATION
Chapter 7: FLOATING TIMBER
§977. Owner may remove on tender of damages; damages for landowner
The owner of said timber may enter on said land and remove it at any time before forfeiture, having previously tendered to
the owner or occupant thereof a reasonable compensation for all damages occasioned by the lodging, remaining or removal of
said timber and the expense of advertising it; but if the timber is removed by the owner, or otherwise, without such tender,
the owner of the land may recover, in a civil action, the damages aforesaid.
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 38 - §978. Conversion of railroad sleepers, ship knees or cedar lumber; double damages
Title 38: WATERS AND NAVIGATION
Chapter 7: FLOATING TIMBER
§978. Conversion of railroad sleepers, ship knees or cedar lumber; double damages
Whoever willfully and fraudulently takes, carries away or otherwise converts to his own use any railroad sleeper, knee or
other ship timber or cedar for shingles or other purposes, the property of another, whether known or not, without his consent,
lying in any river, stream, pond, bay or inlet, or on or near the shore thereof; or cuts out, alters or destroys any mark
thereon, forfeits $10 for each offense, to be recovered and appropriated as provided in section 971; and is liable to the
owner in double the amount thereof in a civil action. Such owner has all the rights and is subject to all the liabilities
provided for the owner of logs, masts and spars in sections 973 to 979.
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 38 - §979. Saco River or tributaries
Title 38: WATERS AND NAVIGATION
Chapter 7: FLOATING TIMBER
§979. Saco River or tributaries
If any boom on the Saco River, or any of the waters connected therewith, is so placed or constructed as to prevent the free
and usual passage of timber down the river, the owner or occupant thereof, at his own expense, shall release and turn out
the timber so detained, when requested to do so by the owner thereof, if it can be done with safety. If, for 2 days after
request, he neglects or refuses to do so, he is liable to the owner of the timber in a civil action for all damages by him
sustained.
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
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