Definition of lumber. Owner may reclaim lumber. If not taken away to be to Sheriff. SEC. 2389. The word "lumber" is used in this Article to designate all timber, whether in logs, boards, planks, or beams, and whether in rafts or otherwise, but does not include the sort of wood commonly called drift wood. SEC. 2390. Whenever any lumber drifts upon any island in any of the waters of this State, or upon the bank of any such waters, the owner of the lumber may remove it on payment or tendering to the owner or occupant of the land the amount of the damages which he has sustained by reason thereof and which may accrue in its removal; and if the parties cannot agree as to the amount of such damages, either party may have the same appraised by two disinterested citizens of the county, who may hear proofs and determine the same at the expense of the owner of the lumber, and their decision is conclusive. SEC. 2391. If the owner of such lumber does not, turned over within three months from the time it was so drifted, take the same away, the owner or occupant of the land must deliver a bill of his charges and appraisement of damages, together with the lumber, to the Sheriff of the county, and thereafter the Sheriff must dispose of the same as is required by Article IV of this Chapter with regard to wrecked perishable property. Application of proceeds when sold. Subsequent disposition SEC. 2392. When sold, the proceeds of the lumber must be applied, first, to the payment of the charges of sale and in liquidation of the expenses and damages awarded to the person entitled thereto; and the residue must be paid to the County Treasurer, to be by him paid over to the owner or his representative or assigns, on the production of satisfactory proof of ownership to the County Judge, and on his order therefor made within one year after its receipt. SEC. 2393. The rejection by the County Judge of any of proceeds. claimant's right to such proceeds is conclusive, unless within six months thereafter he commences action therefor. In case no claim is made or sustained to such pro ceeds, the same must by the County Treasurer be placed in the Common School Fund of the county. ARTICLE IV. WRECKS AND WRECKED PROPERTY. SECTION 2403. Duties of officers and citizens. 2404. Officers, etc., entitled to salvage. Salvage not to 2405. Owners of wrecked property may reclaim it. 2406. Sheriff to keep possession until owner found. 2408. Order for surrender to claimant. 2409. Claimant to first give bond. 2410. Action on bond. 2411. Owner may sue, although claim rejected. 2412. Salvage to be stated in writing. 2413. Proceedings to settle disputed claims to salvage. 2414. Costs of contest. 2415. Wrecked property not claimed to be sold. 2417. Notice of wrecked property. 2418. Expense of notice. SEC. 2403. The Sheriff in each county must give all possible aid and assistance to vessels stranded on its coast, and to the persons on board the same, and exert himself to save and preserve such persons, vessels, and their cargoes, and all goods and merchandise which may be cast by the sea upon the land, and to this end may employ as many persons as he may think proper. All citizens must aid the Sheriff when required. Duties of citizens. officers and etc., entitled to salvage not half value salvage; to exceed of property saved. SEC. 2404. Sheriffs and all persons employed by them, officers, or aiding in the recovery and preservation of wrecked property, are entitled to a reasonable allowance as salvage for their services, and to all expenses incurred by them in the performance of such services, out of the property saved; and the officer having the custody of such property must detain it until the same are paid or tendered. But the whole salvage claimed must not exceed one half of the value of the property or proceeds on which it is charged; and every agreement, order, or adjustment Owners of wrecked property may reclaim it. Sheriff to keep possession until owner found. Perishable property. Order for surrender allowing a greater salvage is void, unless ordered and allowed by the County Judge. SEC. 2405. Wrecked property may be kept or reclaimed at the time of the wreck by the owner, consignee, or other person entitled to the possession; but if any person has a just claim for salvage and necessary expenses incurred in saving it, he must be paid before the property is reclaimed. SEC. 2406. The Sheriff of every county in which any wrecked property is found, when no owner or other person entitled to possession appears, must take possession of it in the name of the people, cause the value thereof to be appraised by disinterested persons, and keep it in some safe place to answer the owner's claims. SEC. 2407. If it is in a perishable state, so as to render its sale expedient, the Sheriff must apply to the County Judge, upon a verified petition, for an order authorizing him to sell it. If the Judge is satisfied that a sale of the property would be beneficial to the parties interested he must make the order applied for, and the property must then be sold at public auction at the time and in the manner specified in the order, and the proceeds, deducting the expenses of sale, as the same is settled and allowed by such Judge, must be paid to the Treasurer of the county. SEC. 2408. If, within a year after the finding, any perto claimant. son claims the property or its proceeds and establishes his claim by evidence satisfactory to the County Judge, such Judge must make an order directing the officer in whose possession the property or its proceeds may be to deliver the same to the claimant upon the payment of a reasonable salvage and the necessary expenses of preservation. Claimant to first give bond. 1 SEC. 2409. Before making the order, the Judge must require from the claimant a bond to the people, with one or more sufficient sureties, to be approved by the Judge and filed with the County Clerk, in a penalty double the value of the property or proceeds conditioned for the payment of all damages that may be recovered against such claimant or his representatives within three years after its date, by any person establishing title to the property or proceeds. bond. SEC. 2410. If the bond becomes forfeited, the County Action on Judge, upon the application, supported by proof, of the person entitled to the benefit of it, must make an order for its prosecution for such person's benefit, and at his risk and expense. sue, claim SEC. 2411. The rejection by the Judge of any claim Owner may does not preclude the claimant from maintaining an although action for the recovery of such property or its proceeds rejected. against the officer. If the plaintiff in any such action prevails, there must be deducted from the damages, in addition to salvage and expenses, all the defendant's costs. SEC. 2412. Every officer to whom an order for the delivery of wrecked property or the payment of its proceeds is directed, must present to the claimant exhibiting it a written statement of the claims for salvage and expenses. If the claimant refuses to allow such amount, it must be adjusted as hereinafter provided. SEC. 2413. If in any case the amount of salvage and expenses are not settled by agreement, the County Court of the county, on the application of the owner or consignee of the property, or the master or supercargo having charge thereof at the time of the wreck, or of a claimant having an order therefor, or of a person claiming salvage or expenses, must determine the same in a summary way, either by itself hearing the allegations and proofs of the party or by referring the questions to three disinterested freeholders of the county, who must have the same powers and must proceed in the same manner as referees in civil actions, and whose decisions as to the whole amount and as to the sums to be paid to each person interested must be entered as the judgment of the County Court. SEC. 2414. The fees and expenses of the contest must Salvage to writing. be stated in Proceedthe disputed salvage. ings to set claims to Costs of contest. Wrecked property to be sold. be paid by the person upon whose application it was had, and are a charge on the property saved. Each referee is entitled to such per diem pay and expenses as the County Judge may deem just, not exceeding in all ten dollars for each day's service. SEC. 2415. If within a year after saving wrecked not claimed property no claimant of the property or its proceeds appears, or if within three months after a claim the salvage and expenses have not been paid, or a suit for the recovery of the property or its proceeds has not been commenced, the officer in whose custody it may be must sell it at public auction, if not already sold, and pay the proceeds of such sale, deducting salvage and expenses, into the Treasury of this State, for the benefit of the parties interested; but in no case must any deduction of salvage and expenses be made unless the amount has been determined by the County Court of the county, a copy of whose order and of the evidence in support thereof must be transmitted by the Judge to the Controller. If any money paid to a County Treasurer under section two thousand four hundred and seven remains in his hands more than a year after it has been paid to him, the same must be paid into the State Treasury. Notice of sale. Notice of wrecked property. SEC. 2416. Public notice of every sale of wrecked property under the provisions of this Chapter must be published by the officer making the sale for at least two weeks in succession in one or more newspapers printed in the county, or if none is printed therein, then by written or printed notices in three of the most public places in such county, posted up at least fifteen days previous to such sale. Every notice must state the time and place of the sale and contain a particular description of the property to be sold. SEC. 2417. Every Sheriff into whose possession any wrecked property comes must immediately thereafter publish, for at least two weeks in succession, in one or more of the newspapers printed in this State, a notice directed to all parties interested, giving a minute descrip |