TITLE 14. Term "carriage," de fined. Hackney coaches, Punishment for negligence in firing woods, &c. [697] By whom inhabitants assist in ex fire. occasioning such injury or damage be wilful or negligent, or otherwise, in the same manner as such driver would be liable. Laws of 1824, 347, § 1. $7. The term "carriage," as used in this Title, shall be construed to include stage-coaches, waggons, carts, sleighs, sleds, and every other carriage or vehicle used for the transportation of persons and goods, or of either of them. $ 8. Nothing contained in this Title, shall interfere with or affect any law concerning hackney coaches or carriages in any of the cities of this state, nor interfere with nor affect the laws or ordinances of any such city for the licensing or regulating such coaches or carriages. Laws of 1826, 254, § 10. See Laws of 1837, ch. 300, as to unclaimed baggage; Laws of 1855, ch. 523. TITLE XIV. OF THE FIRING OF WOODS. SEC. 1. Penalties for negligently setting fire to woods, or suffering it to extend. 3. Penalty for refusal or neglect to obey order. 4. Sums recovered as penalties, shall be applied as rewards, &c. S1. Every person negligently setting fire to his own woods, or negligently suffering a fire kindled upon his own wood or fallow land, to extend beyond his own land, shall forfeit treble damages to the party injured thereby. Every person so offending shall also be deemed guilty of a misdemeanor, and on conviction, shall be punished by fine or imprisonment, or both, at the discretion of the court; such fine not to exceed one thousand dollars, and such imprisonment not to exceed one year. 1 D., 207. $2. Whenever the woods in any town shall be on fire, it ordered to shall be the duty of the justices of the peace, the supervisor tinguishing and the commissioners of highways of such town, and of each of them, to order such and so many of the inhabitants of such town liable to work on the highways, and residing in the vicinity of the place where such fire shall be, as they shall severally deem necessary, to repair to the place where such fire shall prevail, and there to assist in extinguishing the same, or in stopping its progress. Penalty for neglect. Shall be given as rewards, &c. S3. If any person so ordered to repair to and assist, in manner aforesaid, shall refuse or neglect to comply with any such order, he shall forfeit and pay the sum of fifty dollars, and shall also be deemed guilty of a misdemeanor, and on conviction shall be punished by fine or imprisonment, or both, at the discretion of the court; such fine not to exceed one hundred dollars, and such imprisonment not to exceed sixty days. $ 4. Every forfeiture recovered under the last section, shall be applied as a reward to such person or persons as the officers TITLE 15, above mentioned, or a majority of them, shall deem best entitled thereto, for superior exertions in extinguishing or stopping the progress of such fire. TITLE XV. OF THE EMBEZZLEMENT OF TIMBER FLOATING. SEC. 1. Owners of logs, &c., drifted on shore, may take them. 2 & 3. In case of dispute, damages to be determined by fence-viewers. 4. If drifted lumber not removed within 3 months, notice to be given. 5. To be filed, and exhibited to all persons. 6. Lumber to be detained until damages paid; how ascertained. 7. If not claimed within six months, town clerk shall sell it. 8. Fees of clerk on sale; application of proceeds. 9. Damages to be assessed before payment by clerk. 10. Punishment for defacing marks, or putting false marks on lumber. 11. Penalty for converting lumber in certain situations. 12. Marks on timber in Hudson river, to be recorded. 13. Consequence of neglecting to record mark. 14. Effect of entry or copy, as evidence. 15. Penalty for drawing to shore, timber floating. 16. Persons may be appointed to take charge of floating timber. 17. Description of lumber to be filed; when and how to be sold. 18. Application of proceeds of sale; owner entitled to surplus. 19. Rejection of claim conclusive, unless suit be brought in six months. 20. If not claimed, or suit not brought, proceeds to belong to city. 21. This Title not to extend to drift wood. When owners of drift may take $1. Whenever any logs, timber, boards or plank in rafts or [698] otherwise, shall have been drifted upon any island in any who drin of the waters within this state, or upon the bank or shore of ed logs, &c., any such waters, the owner of such logs or other lumber, may them. 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. 2 R. L., 236, § 3; Laws of 1825, 280, § 2. when ascer ers. S2. If the parties cannot agree as to the amount of such Damages damages, either party may apply to any two of the fence- tained by viewers of the town or city in which such lumber may be fence-viewfound, 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. § 3. The fence-viewers, or either of them, shall have power to issue process for such witnesses as may be desired by either Powers of party, and to administer oaths to all witnesses produced before ers. them. fence-view drifted lum S4. If the owner of such lumber shall not, within three Notice of months from and after the time when such lumber shall have ber, when to be given been so drifted, take the same away, it shall be the duty of to town 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, clerk. TITLE 15. To be filed, &c. Lumber to be detained, &c. To be sold if not claimed in six months. Fees on sale. [699] Proceeds. how applied. Damages to be assessed ment. 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. 2 R. L., 236, § 4, 5, 6 & 7. 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. § 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 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. $8. The clerk making the sale, shall be entitled to the same fees therefor, as are allowed to officers making sales on executions issued out of justices' courts. The monies arising from the sale, shall be 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 town, to the treasurer of the county, wherein such lumber shall have been found, for the use of the poor. 2 R. L., 236, § 4, 5, 6 & 7. $9. Before the clerk shall pay out any of said monies, for before pay the 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 fenceviewers, shall be filed in the office of such clerk. Defacing and forging marks in certain lumber. $10. No person shall cut out, alter, or deface any mark, are made upon any logs, timber, boards, or plank, or put a false mark upon any such logs or other lumber, floating in any of the waters of this 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 twentyfive 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. TITLE 15. lumber S 11. Whoever shall convert to his own use, without the Converting consent of the owner thereof, any logs, timber, boards, or floating, &c. plank, floating in 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. Marks to timber in be put on t certain places. $12. Every person who shall put any logs or timber into the waters 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 recorded by the town clerk of the town of Queensbury, whose To be reduty it shall be to enter the same in a book, to be kept by him Queens for that purpose, which shall be subject to the inspection of bury. any person requiring it. corded in quence of S13. Every such person, who shall neglect to enter his Conse mark as required in the foregoing section, shall be debarred neglect. from all the benefits arising from the due entry of such mark; and the assignee or vendee of any such logs or timber, shall [700] be subject to the same regulations and restrictions. dence, &c. drawing $ 14. The clerk of the town of Queensbury shall be entitled Fees. 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 copy of such entry, certified by such clerk, Entry, evishall 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. $15. No person, not authorised as herein after directed, Penalty for shall stop, take up, draw to, or lodge on the shore of Hudson timber, &c., river, or on any island therein, north of the south boundary floating, to 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. 2 R. L., 235, § 1. Albany to ed to take S 16. The common council of the city of Albany may, from Persons in time to time, appoint one or more persons resident therein, to be appointtake into possession any such logs, timber, boards, or plank, care of for the benefit of the owner thereof, in case such owner shall timber, &c. 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 TITLE 17. When and how to be sold, &c. Proceeds of salo, how applied. [701] Suit when to be brought. When city to retain proceeds. Drift wood. 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. S17. 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. $ 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 twelve months thereafter, be entitled to demand and receive such residuary monies from the chamberlain of said city, on producing to the common council of said city, satisfactory proof of ownership. $ 19. The rejection of any such claim by the common council, 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. $20. If no person shall claim such monies within twelve months after the payment thereof to the chamberlain, or if such claim be 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. S21. Nothing contained in this Title shall be construed to extend to that kind of lumber called drift-wood. 2 R. L., 235, § 5. TITLE XVI. OF THE PRESERVATION OF DEER AND CERTAIN GAME AND ANIMALS. [By subdivision 13 of Section 4, of Chapter 194, of Laws of 1849, all Laws relating to preserving or destroying, killing or taking wild beasts or birds were repealed.] See Laws of 1857, ch. 287. [703] TITLE XVII. SEC. 1. Tax upon dogs in every county except New-York. 2. Duty of assessors to make lists of owners of dogs, &c. |