Page:1862 Territory of Dakota Session Laws.pdf/468

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CHAP. LXXX.]
SALVAGE.
451

be liable to pay double damages to the party injured, in a civil action before any court having competent jurisdiction.

Sect. 13. If any clerk of the district court, justice of the peace, or other officer receiving money under the provisions of this chapter, shall secrete or embezzle the same, or any part thereof, such clerks or other officer shall forfeit fourfold the value thereof, to be recovered in a civil action in any court having competent jurisdiction, one half to the party injured, and the other half to the use of the county in which said cause may be tried.

Sect. 14. When any person shall make oath before any justice of the peace that he has lost any property by wreck or the rising of the waters or other accident, and that he has good cause to believe that such property so lost is secreted by or in the possession or custody of any other person, it shall be lawful for such justice of the peace, by warrant, under his hand, to direct any constable to search for and take into his custody and charge the property so secreted or in the possession of any person; and the person so secreting or having such property in his possession shall not be entitled to salvage, and shall be further liable to pay a fine of not more than twenty nor less than five dollars, for the use of the county, upon being convicted of secreting or having such property in his possession, without advertising, as provided for in this chapter.

Sect. 15. No loose saw logs, of pine or other wood, floating in any stream of this territory, shall be taken up or stopped, without the consent or authority of the owner thereof, under the penalty, if said logs are marked or branded as required by law, of double the price of said logs so taken up or stopped; to be recovered in a civil action, before any court having competent jurisdiction.

Sect. 16. Whenever any saw logs, owing to high waters, shall float or drift on the premises of any person, and shall there stop or lodge, the owner shall have authority to remove the same, doing as little damage to the fences, trees, or other property, as possible; and any person who shall attempt to prevent the owner of any logs, or his agent, taking said logs, shall be liable to a fine of not more than five dollars for every such offence.

Sect. 17. When saw logs or timber shall have lodged or