Did you Know?

That the following act was approved at the Thirteenth Session of the Idaho Territorial Legislature:

IDAHO COUNTY -SAW LOGS

An Act for the protection of the owners of saw logs and timber in the Territory of Idaho.

Be it enacted by the Legislative Assembly of the Territory of Idaho, as follows:

Section 1.  Any person or persons who shall willfully and without authority take any saw logs, timber, lumber, railroad ties, poles, rails, posts or cordwood, owned by any other person or persons, that may be on any river or creek, or on the land adjoining or near a river, which may have floated down said river or creek, or onto said land, or shall remove or attempt to remove the said logs, timber, lumber, railroad ties, poles, rails posts or cordwood, or otherwise destroy or injure them, shall be held guilty of a misdemeanor, and upon conviction of any of the said offenses, shall be punished by imprisonment in the county jail of the proper county, not more than one year nor less than three months, and shall pay a fine of not more than one hundred nor less than ten dollars.

Provided, That any person may remove any logs, timber, lumber, railroad ties, poles, rails, posts or cordwood, which may have floated on his own land or land occupied by himself, to prevent obstruction to the occupant of said land, or land occupied by himself, to prevent obstructions to the occupant of said land, but shall not take the same for his own use or benefit.

Section 2.  Any Justice of the Peace shall have concurrent jurisdiction in his own county with the District Court, of any offenses in the preceding section specified, when the value of the logs, timber, lumber, railroad ties, poles, rails, posts or cordwood, taken or removed, shall be alleged not to exceed the sum of one hundred dollars, and in such case the punishment shall be by fine, not less than twenty nor more than eighty dollars, and if any person, on conviction for such offense, shall refuse or neglect, for the space of ten days, to pay such fine, it shall by lawful for the justice before whom the conviction was had, to commit such person or persons to the jail of the proper county for a period of not less than three months nor more than one year.

Section 3.  Any person who shall unlawfully cut out, alter or destroy any brand of the owner, made on any logs, timber, lumber, railroad ties, poles, rails, posts or cordwood, put into any river, creek or lake, shall, on conviction, be fined in a sum not less than ten dollars nor more than fifty dollars, and shall be liable to the party injured in three times the amount of damages.

Section 4.  The owner or owners of any saw logs, lumber, timber, railroad ties, posts, rails or cordwood, may enter or pass through lands bordering on any river or creek, (owned by any other person,) to recover and remove such saw logs, lumber, timber, railroad ties, poles, rails or cordwood as may have lodged upon said lands.  Provided,  the party or parties so entering shall pay any damage caused by such entry.

Section 5.  In any suit under the provisions of the preceding section, if such logs, timber or lumber, railroad ties, posts, rails, poles or cordwood shall be found in the possession of the defendant with the marks cut out, altered or destroyed, it shall be considered presumptive evidence of his guilt and the burthen of proof shall be upon him to discharge himself.

Section 6.  No dam or boom shall hereafter be constructed or permitted on any river as specified in this act, unless said dam or boom shall have connected therewith a sluiceway, lock or fixture sufficient and so arranged as to permit logs, cross ties, telegraph poles, timber and lumber to pass around, through or over  said dam or boom without unreasonable delay or hindrance.

Section 7.  Any boom or weir that is now in or over any river as aforesaid, that is so constructed as to prevent the free passage of logs or lumber, is hereby declared a public or passage, as above provided, be made thereon as aforesaid, within thirty days after written notice given by any person interested, and any person or persons so owning, holding or occupying said boom or weir, shall be liable to pay five dollars for every day the same shall be suffered to remain in or over said river, after having had thirty days’ notice to remove said nuisance, and shall furthermore be liable for any damages sustained by individuals by reason of said nuisance.

Section 8.  This act shall take effect and be in force from and after its passage.

Approved February 5, 1885