CHAPTER 9. DRIFTING BOATS AND TIMBER
IC 32-34-9
Chapter 9. Drifting Boats and Timber
IC 32-34-9-1
"Timber" defined
Sec. 1. As used in this chapter, "timber" means trees, whetherstanding, down, or prepared for sale, sawlogs and all other logs, crossand railroad ties, boards, planks, staves and heading, and other treescut or prepared for market.
As added by P.L.2-2002, SEC.19.
IC 32-34-9-2
Property found and secured; compensation; lien; sale
Sec. 2. (a) A person who finds and secures any boats, fleets oftimber, rafts, platforms, sawlogs, or other logs or trees prepared forthe purpose of sale, or any cross or railroad ties, boards, planks,staves, heading, or other timber prepared for market that is theproperty of another and that is found adrift in the waters of Indianawithout a boom or other arrangement provided by the owner topreserve the logs or timber below the point at which they are found,whether the logs or timber have a brand or not, is entitled to receivefrom the owner the following compensation:
(1) For each freight boat or other heavy boat, two dollars ($2)per ton for all cargo.
(2) For each jack-boat, skiff, or canoe, one dollar ($1).
(3) For each fleet of timber, fifty dollars ($50).
(4) For each raft of not less than forty (40) logs, fifteen dollars($15).
(5) For each platform of at least ten (10) logs, four dollars ($4).
(6) For each sawlog or other log or tree prepared for sale, fiftycents ($0.50).
(7) For each cross or railroad tie, fifteen cents ($0.15).
(8) For boards or planks caught in rafts or a large body:
(A) one dollar ($1) per one thousand (1,000) board feet fora quantity twenty thousand (20,000) board feet or less; or
(B) fifty cents ($0.50) per one thousand (1,000) board feetfor a quantity greater than twenty thousand (20,000) boardfeet.
(9) For loose and scattered boards or planks, five dollars andfifty cents ($5.50) per one thousand (1,000) board feet.
(10) For staves and heading, four dollars ($4) per one thousand(1,000) pieces that are merchantable.
(b) The compensation due under subsection (a) is payable by theowner, if required, upon the delivery to the owner of the logs ortimber.
(c) The finder has a lien upon the property found for the chargesprovided in subsection (a).
(d) If the owner of the property fails to pay the compensation dueunder subsection (a) within sixty (60) days after the day the propertyis found, the property may be sold at the request of the person to
whom the compensation is due by a constable, sheriff, or otherofficer of the county in which the property was found. The sale mustbe at the courthouse door at public auction to the highest bidder,upon thirty (30) days written or printed notice that gives the time andplace of sale and a written or printed description of the property andany marks or brands on the property. The notice of the sale must beposted at the front door of the courthouse of the county in which thesale is to be made and at two (2) other public places in the countywhere the property is located. It is the duty of the constable or otherofficer making the sale to pay to the finder the finder's legal fees andcharges after deducting the constable's or other officer's commission.The commission charged may be the same as if the constable or otherofficer had sold the same property under execution. If any salemoney remains after payment of the charges and fees described inthis section, the constable or other officer shall pay the remainder tothe clerk of the circuit court in the county in which the sale occurredand obtain a receipt for the amount. If the constable or other officerfails to perform the constable's or other officer's duties under thischapter, the constable or other officer is liable on the constable's orother officer's official bond to the party aggrieved.
(e) If the owner, within one (1) year after the date of the sale,appears before the county judge of the county where the money isdeposited with the clerk and establishes the owner's right to thesatisfaction of the court to the money, the money must, upon theorder of the county judge, be paid over to the owner by the clerk;otherwise, it shall be paid into the state general fund.
(f) This chapter may not be construed to permit a person torecover under subsection (a) for any fleet of timber, raft or platform,sawlog, or other log or tree prepared for the purpose of sale, or anycross or railroad tie, board, plank, stave, heading, or other timberprepared for the market that is above any boom or other arrangementmade by the owner to preserve the logs or timber.
As added by P.L.2-2002, SEC.19. Amended by P.L.246-2005,SEC.219.
IC 32-34-9-3
Finder compensation
Sec. 3. A person who finds a fleet, raft or platform, as describedin this chapter, is entitled to reasonable compensation for keepingand caring for the property in addition to the fees set forth in section1 of this chapter. The compensation may not exceed the followingrates:
(1) For each fleet, four dollars ($4) per day.
(2) For each raft, one dollar ($1) per day.
(3) For each platform, fifty cents ($0.50) per day.
As added by P.L.2-2002, SEC.19.
IC 32-34-9-4
Additional compensation; sawlogs or other logs or trees
Sec. 4. If a person finds any sawlog or other log or trees prepared
for sale as described in this chapter and the property remains in theperson's possession more than thirty (30) days after the time theperson found the property to the time the owner offers to pay thecharges described in section 1 of this chapter, the finder is entitled tocharge, in addition to the fee set forth in section 1 of this chapter,twenty-five cents ($0.25) for every sawlog or other log or treeprepared for sale that remains in the person's possession as describedin this section.
As added by P.L.2-2002, SEC.19.
IC 32-34-9-5
Hiding property or failure to float property upon demand
Sec. 5. If the finder of any property described in this chapter:
(1) hides the property;
(2) allows the property to get aground so that the finder cannotimmediately, upon the demand of the property's owner or theowner's agents, put the property afloat; or
(3) fails to put the property afloat upon demand;
the finder may not collect or receive any compensation for finding orcaring for the property and, in addition to any other duties imposedby this chapter, is responsible to the owner for the value of theproperty as if the property were afloat.
As added by P.L.2-2002, SEC.19.
IC 32-34-9-6
Brand adopted by timber dealer
Sec. 6. A person, firm, or corporation that deals in timber in anyform is considered a timber dealer and may adopt a brand in themanner and with the effect described in this chapter.
As added by P.L.2-2002, SEC.19.
IC 32-34-9-7
Brand adopted by dealer; form; acknowledgment; posting
Sec. 7. (a) A timber dealer desiring to adopt a brand may do so bythe execution of a writing in the following form:
Brand - Notice is hereby given that I (or we, as the case may be)have adopted the following brand in my (or our) business as atimber dealer: (Here insert the words, letters, figures, etc.,constituting the brand, or if the brand is any device other thanwords, letters, or figures, insert a facsimile of the brand.) Datedthis ____ day of _________ A.D. ______.
(b) The writing must be acknowledged or proved for the record inthe same manner as deeds are acknowledged or proven and must berecorded in the office of the clerk of the county in which the timberdealer maintains a principal office or place of business.
(c) A copy of the writing must be posted at the timber dealer'sprincipal place of business, at the courthouse door in the countywhere the timber dealer carries on business, and at the public placesin the county.
As added by P.L.2-2002, SEC.19.
IC 32-34-9-8
Brand as exclusive trademark
Sec. 8. A brand adopted in accordance with this chapter is theexclusive trademark of the person adopting the brand, and the brandconstitutes property under IC 35-41-1-23.
As added by P.L.2-2002, SEC.19.
IC 32-34-9-9
Impressing brand on timber
Sec. 9. A person who owns a brand shall cause the brand to beplainly stamped, branded, or otherwise impressed upon each piece oftimber upon which the brand is placed.
As added by P.L.2-2002, SEC.19.
IC 32-34-9-10
Contract for sale of standing trees or standing timber
Sec. 10. A contract for the sale of standing trees or standingtimber may not be enforced by a legal action unless the contract orsome memorandum of the contract is in writing and signed by theperson to be charged or the person's duly authorized agent.
As added by P.L.2-2002, SEC.19.
IC 32-34-9-11
Branded timber; title
Sec. 11. (a) If timber is branded by the seller or by another personwith the seller's consent with the brand of the purchaser or anotherperson or corporation, the title to the timber passes at once to theperson or corporation whose brand is placed on the timber.
(b) Placement of a brand on timber as described in subsection (a)does not affect the rights of the contracting parties regarding thepayment of the purchase money for the timber.
As added by P.L.2-2002, SEC.19.
IC 32-34-9-12
Prior brands and trademarks; validity
Sec. 12. (a) This chapter does not affect the validity and effect ofa brand or trademark adopted and recorded under the law in effectbefore March 11, 1901.
(b) A brand or trademark described in subsection (a) is valid forall purposes, civil and criminal, as if the brand or trademark had beenadopted and recorded under this chapter.
As added by P.L.2-2002, SEC.19.
IC 32-34-9-13
Finding timber; compensation; violation
Sec. 13. (a) If timber prepared for market is found on any of thestreams of Indiana, the timber shall be held and disposed of asprovided in this chapter. The finder of the timber shall receive ascompensation for the finder's services only the fees provided for insection 2 of this chapter. (b) A person who knowingly violates this section commits a ClassD felony.
As added by P.L.2-2002, SEC.19.