State Codes and Statutes

Statutes > Virginia > Title-59-1 > Chapter-8 > 59-1-115

§ 59.1-115. Sheriff's sale of unbranded timber; recovery by owner;disposition of proceeds.

Every person who shall take, catch, hold or have in his possession any log orother marketable timber, not branded as aforesaid, without the writtenconsent of the owner thereof, shall within ten days after catching, takingup, or getting possession of the same, as aforesaid, report the same inwriting to the county clerk of the county in which such person resides, andthirty days after such report is received the sheriff of such county shallsell the same publicly at the courthouse door on the first day of a circuitcourt in the county, of which notice shall be given by the sheriff for atleast ten days by written or printed notices posted at the front door of suchcourthouse or near thereto and at one or more public places in the county.Any person owning such log or timber may, however, recover the same, bysatisfying the sheriff that he is entitled to it, or by action of detinue, asprovided by law. Such sale shall be made for cash, and the proceeds whencollected, after paying the expenses of sale, including a fee of twenty-fivecents for each log or piece of timber so sold, shall be paid to the treasurerof the county for the benefit of the public schools of the district in whichthe party reporting the same shall at that time reside. Any person failing toreport to such clerk, as aforesaid, or to turn over the log or other timberto the sheriff, or any sheriff failing or refusing to advertise and sell suchlog or timber, as aforesaid, shall be guilty of a misdemeanor, and fined notless than $10 nor more than $100 for each offense.

(Code 1950, § 59-212; 1968, c. 439.)

State Codes and Statutes

Statutes > Virginia > Title-59-1 > Chapter-8 > 59-1-115

§ 59.1-115. Sheriff's sale of unbranded timber; recovery by owner;disposition of proceeds.

Every person who shall take, catch, hold or have in his possession any log orother marketable timber, not branded as aforesaid, without the writtenconsent of the owner thereof, shall within ten days after catching, takingup, or getting possession of the same, as aforesaid, report the same inwriting to the county clerk of the county in which such person resides, andthirty days after such report is received the sheriff of such county shallsell the same publicly at the courthouse door on the first day of a circuitcourt in the county, of which notice shall be given by the sheriff for atleast ten days by written or printed notices posted at the front door of suchcourthouse or near thereto and at one or more public places in the county.Any person owning such log or timber may, however, recover the same, bysatisfying the sheriff that he is entitled to it, or by action of detinue, asprovided by law. Such sale shall be made for cash, and the proceeds whencollected, after paying the expenses of sale, including a fee of twenty-fivecents for each log or piece of timber so sold, shall be paid to the treasurerof the county for the benefit of the public schools of the district in whichthe party reporting the same shall at that time reside. Any person failing toreport to such clerk, as aforesaid, or to turn over the log or other timberto the sheriff, or any sheriff failing or refusing to advertise and sell suchlog or timber, as aforesaid, shall be guilty of a misdemeanor, and fined notless than $10 nor more than $100 for each offense.

(Code 1950, § 59-212; 1968, c. 439.)


State Codes and Statutes

State Codes and Statutes

Statutes > Virginia > Title-59-1 > Chapter-8 > 59-1-115

§ 59.1-115. Sheriff's sale of unbranded timber; recovery by owner;disposition of proceeds.

Every person who shall take, catch, hold or have in his possession any log orother marketable timber, not branded as aforesaid, without the writtenconsent of the owner thereof, shall within ten days after catching, takingup, or getting possession of the same, as aforesaid, report the same inwriting to the county clerk of the county in which such person resides, andthirty days after such report is received the sheriff of such county shallsell the same publicly at the courthouse door on the first day of a circuitcourt in the county, of which notice shall be given by the sheriff for atleast ten days by written or printed notices posted at the front door of suchcourthouse or near thereto and at one or more public places in the county.Any person owning such log or timber may, however, recover the same, bysatisfying the sheriff that he is entitled to it, or by action of detinue, asprovided by law. Such sale shall be made for cash, and the proceeds whencollected, after paying the expenses of sale, including a fee of twenty-fivecents for each log or piece of timber so sold, shall be paid to the treasurerof the county for the benefit of the public schools of the district in whichthe party reporting the same shall at that time reside. Any person failing toreport to such clerk, as aforesaid, or to turn over the log or other timberto the sheriff, or any sheriff failing or refusing to advertise and sell suchlog or timber, as aforesaid, shall be guilty of a misdemeanor, and fined notless than $10 nor more than $100 for each offense.

(Code 1950, § 59-212; 1968, c. 439.)