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, whether
standing, down, or prepared for sale, sawlogs and all other logs, cross
and railroad ties, boards, planks, staves and heading, and other trees
cut 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 of
timber, rafts, platforms, sawlogs, or other logs or trees prepared for
the purpose of sale, or any cross or railroad ties, boards, planks,
staves, heading, or other timber prepared for market that is the
property of another and that is found adrift in the waters of Indiana
without a boom or other arrangement provided by the owner to
preserve 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 receive
from 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, fifty
cents ($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 for
a quantity twenty thousand (20,000) board feet or less; or
(B) fifty cents ($0.50) per one thousand (1,000) board feet
for a quantity greater than twenty thousand (20,000) board
feet.
(9) For loose and scattered boards or planks, five dollars and
fifty 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 the
owner, if required, upon the delivery to the owner of the logs or
timber.
(c) The finder has a lien upon the property found for the charges
provided in subsection (a).
(d) If the owner of the property fails to pay the compensation due
under subsection (a) within sixty (60) days after the day the property
is found, the property may be sold at the request of the person to
whom the compensation is due by a constable, sheriff, or other
officer of the county in which the property was found. The sale must
be at the courthouse door at public auction to the highest bidder,
upon thirty (30) days written or printed notice that gives the time and
place of sale and a written or printed description of the property and
any marks or brands on the property. The notice of the sale must be
posted at the front door of the courthouse of the county in which the
sale is to be made and at two (2) other public places in the county
where the property is located. It is the duty of the constable or other
officer making the sale to pay to the finder the finder's legal fees and
charges after deducting the constable's or other officer's commission.
The commission charged may be the same as if the constable or other
officer had sold the same property under execution. If any sale
money remains after payment of the charges and fees described in
this section, the constable or other officer shall pay the remainder to
the clerk of the circuit court in the county in which the sale occurred
and obtain a receipt for the amount. If the constable or other officer
fails to perform the constable's or other officer's duties under this
chapter, the constable or other officer is liable on the constable's or
other 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 is
deposited with the clerk and establishes the owner's right to the
satisfaction of the court to the money, the money must, upon the
order 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 to
recover under subsection (a) for any fleet of timber, raft or platform,
sawlog, or other log or tree prepared for the purpose of sale, or any
cross or railroad tie, board, plank, stave, heading, or other timber
prepared for the market that is above any boom or other arrangement
made 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 described
in this chapter, is entitled to reasonable compensation for keeping
and caring for the property in addition to the fees set forth in section
1 of this chapter. The compensation may not exceed the following
rates:
(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 the
person's possession more than thirty (30) days after the time the
person found the property to the time the owner offers to pay the
charges described in section 1 of this chapter, the finder is entitled to
charge, 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 tree
prepared for sale that remains in the person's possession as described
in 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 cannot
immediately, upon the demand of the property's owner or the
owner'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 or
caring for the property and, in addition to any other duties imposed
by this chapter, is responsible to the owner for the value of the
property 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 any
form is considered a timber dealer and may adopt a brand in the
manner 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 by
the 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 a
timber dealer: (Here insert the words, letters, figures, etc.,
constituting the brand, or if the brand is any device other than
words, letters, or figures, insert a facsimile of the brand.) Dated
this ____ day of _________ A.D. ______.
(b) The writing must be acknowledged or proved for the record in
the same manner as deeds are acknowledged or proven and must be
recorded in the office of the clerk of the county in which the timber
dealer maintains a principal office or place of business.
(c) A copy of the writing must be posted at the timber dealer's
principal place of business, at the courthouse door in the county
where the timber dealer carries on business, and at the public places
in 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 the
exclusive trademark of the person adopting the brand, and the brand
constitutes 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 be
plainly stamped, branded, or otherwise impressed upon each piece of
timber 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 standing
timber may not be enforced by a legal action unless the contract or
some memorandum of the contract is in writing and signed by the
person 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 person
with the seller's consent with the brand of the purchaser or another
person or corporation, the title to the timber passes at once to the
person 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 the
payment 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 of
a brand or trademark adopted and recorded under the law in effect
before March 11, 1901.
(b) A brand or trademark described in subsection (a) is valid for
all purposes, civil and criminal, as if the brand or trademark had been
adopted 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 the
streams of Indiana, the timber shall be held and disposed of as
provided in this chapter. The finder of the timber shall receive as
compensation for the finder's services only the fees provided for in
section 2 of this chapter.
(b) A person who knowingly violates this section commits a Class
D felony.
As added by P.L.2-2002, SEC.19.