S*498 Session 108 (1989-1990)
S*0498(Rat #0289, Act #0190 of 1989) General Bill, By Drummond, J.C. Hayes and
T.H. Pope
A Bill to amend Section 49-1-50, Code of Laws of South Carolina, 1976,
relating to sale of drifted objects, so as to delete provisions relating to
watercraft; to amend Sections 50-23-10, 50-23-30, 50-23-60, 50-23-110,
50-23-120, 50-23-170, 50-23-190, 50-23-200, 50-23-205, 50-23-270, and
50-23-280, relating to titling of watercraft and outboard motors, so as to
delete boats and other watercraft from provisions regulating materials found
drifting, to change and add definitions, to exempt commercial barges,
windsurfers, and watercraft propelled exclusively by human power or with oars,
paddles, or similar devices from titling requirements, to change procedures
for applying for a title certificate, to provide for application for duplicate
certificates, to provide a late fee, to provide for the form of the
manufacturer's or importer's certificate, to define "homemade watercraft or
outboard motor", to change provisions relating to serial numbers and
identification numbers, to establish acts which are unlawful relating to
watercraft or outboard motors, to provide that it is unlawful to deal with a
watercraft or outboard motor by a person who has reason to believe it is
stolen, to provide for disposal of stolen, abandoned, junked, adrift,
destroyed, or salvaged watercraft or outboard motors, and to increase
penalties for violations; to amend the 1976 Code by adding Sections 50-23-24,
50-23-135, 50-23-185, 50-23-275, and 50-23-290 so as to provide for titling
abandoned, junked, adrift, and salvaged watercraft or outboard motors, to
provide for the inspection of facilities involved with watercraft and outboard
motors, to require titling of watercraft or outboard motors not previously
titled, and to provide for conditional titles; to prohibit boats owned by boat
liveries to leave their premises unless properly registered, numbered and
titled.-amended title
03/09/89 Senate Introduced and read first time SJ-3
03/09/89 Senate Referred to Committee on Fish, Game and Forestry SJ-4
03/30/89 Senate Committee report: Favorable Fish, Game and
Forestry SJ-9
04/11/89 Senate Read second time SJ-15
04/11/89 Senate Ordered to third reading with notice of
amendments SJ-15
04/27/89 Senate Amended SJ-141
04/27/89 Senate Read third time and sent to House SJ-142
05/02/89 House Introduced and read first time HJ-41
05/02/89 House Referred to Committee on Agriculture and Natural
Resources HJ-42
05/17/89 House Committee report: Favorable with amendment
Agriculture and Natural Resources HJ-16
05/29/89 House Amended HJ-74
05/29/89 House Read second time HJ-78
05/30/89 House Read third time and returned to Senate with
amendments HJ-117
05/30/89 Senate Non-concurrence in House amendment SJ-32
05/31/89 Senate Reconsidered SJ-2
05/31/89 Senate House amendment amended SJ-43
05/31/89 Senate Returned to House with amendments SJ-44
06/01/89 House Concurred in Senate amendment and enrolled HJ-9
06/02/89 Ratified R 289
06/08/89 Signed By Governor
06/08/89 Effective date 06/08/89
06/08/89 Act No. 190
06/15/89 Copies available
(A190, R289, S498)
AN ACT TO AMEND SECTION 49-1-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING
TO SALE OF DRIFTED OBJECTS, SO AS TO DELETE PROVISIONS RELATING TO WATERCRAFT;
TO AMEND SECTIONS 50-23-10, 50-23-30, 50-23-60, 50-23-110, 50-23-120, 50-23-170,
50-23-190, 50-23-200, 50-23-205, 50-23-270, AND 50-23-280, RELATING TO TITLING
OF WATERCRAFT AND OUTBOARD MOTORS, SO AS TO DELETE BOATS AND OTHER WATERCRAFT
FROM PROVISIONS REGULATING MATERIALS FOUND DRIFTING, TO CHANGE AND ADD
DEFINITIONS, TO EXEMPT COMMERCIAL BARGES, WINDSURFERS, AND WATERCRAFT PROPELLED
EXCLUSIVELY BY HUMAN POWER OR WITH OARS, PADDLES, OR SIMILAR DEVICES FROM TITLING
REQUIREMENTS, TO CHANGE PROCEDURES FOR APPLYING FOR A TITLE CERTIFICATE, TO
PROVIDE FOR APPLICATION FOR DUPLICATE CERTIFICATES, TO PROVIDE A LATE FEE, TO
PROVIDE FOR THE FORM OF THE MANUFACTURER'S OR IMPORTER'S CERTIFICATE, TO DEFINE
"HOMEMADE WATERCRAFT OR OUTBOARD MOTOR", TO CHANGE PROVISIONS RELATING
TO SERIAL NUMBERS AND IDENTIFICATION NUMBERS, TO ESTABLISH ACTS WHICH ARE
UNLAWFUL RELATING TO WATERCRAFT OR OUTBOARD MOTORS, TO PROVIDE THAT IT IS
UNLAWFUL TO DEAL WITH A WATERCRAFT OR OUTBOARD MOTOR BY A PERSON WHO HAS REASON
TO BELIEVE IT IS STOLEN, TO PROVIDE FOR DISPOSAL OF STOLEN, ABANDONED, JUNKED,
ADRIFT, DESTROYED, OR SALVAGED WATERCRAFT OR OUTBOARD MOTORS, AND TO INCREASE
PENALTIES FOR VIOLATIONS; TO AMEND THE 1976 CODE BY ADDING SECTIONS 50-23-24,
50-23-135, 50-23-185, 50-23-275, AND 50-23-290 SO AS TO PROVIDE FOR TITLING
ABANDONED, JUNKED, ADRIFT, AND SALVAGED WATERCRAFT OR OUTBOARD MOTORS, TO PROVIDE
FOR THE INSPECTION OF FACILITIES INVOLVED WITH WATERCRAFT AND OUTBOARD MOTORS,
TO REQUIRE TITLING OF WATERCRAFT OR OUTBOARD MOTORS NOT PREVIOUSLY TITLED, AND
TO PROVIDE FOR CONDITIONAL TITLES; TO PROHIBIT BOATS OWNED BY BOAT LIVERIES TO
LEAVE THEIR PREMISES UNLESS PROPERLY REGISTERED, NUMBERED, AND TITLED.
Be it enacted by the General Assembly of the State of South Carolina:
Definition of vessel
SECTION 1. Section 50-23-10(a) of the 1976 Code is amended to read:
"(a) 'Vessel' means every description of watercraft other than seaplane
used or capable of being used as a means of transportation on water."
Definition of marine dealer
SECTION 2. Section 50-23-10(i) of the 1976 Code is amended to read:
"(i) 'Marine dealer' means a person who engages primarily or secondarily
in the business of buying, selling, exchanging, or servicing watercraft or
outboard motors new or used on outright or conditional sale, bailment, lease,
chattel mortgage, or otherwise, and who has an established place of business for
the sale, trade, and display of such watercraft or outboard motors, or both. A
marine dealer shall have a proper business license for each facility not under
the same roof and shall sell a minimum of twenty watercraft or outboard motors
each calendar year to renew his permit. Exclusions must be for sale at organized
marine dealer association boat shows. Each dealer shall make application to the
department annually for a dealer's permit with a fee of ten dollars for each
facility on forms prescribed by the department. A permit is valid for the
calendar year and must be displayed in a prominent place for public view.
Renewal applications must be received by December fifteenth each year. Permitted
marine dealers are eligible for demonstration numbers. A marine dealer licensed
under this section shall consent to public or random inspections of his or its
business as provided in Section 50-23-185. A dealer refusing the inspections
forfeits his license immediately and permanently."
Definition of "marina", "boat livery", "dealer's
permit"
SECTION 3. Section 50-23-10 of the 1976 Code is amended by adding:
"(j) 'Marina' means a facility which provides mooring or dry storage for
watercraft on a leased or rental basis.
(k) 'Boat livery' means a business which holds a vessel for renting, leasing,
or chartering.
(l) 'Dealer's permit' means a certificate issued by the department to
recognize a properly licensed marine business and to extend the privilege of
using dealer registration numbers on boats for demonstration purposes and
assignment on appropriate documents. Any abuse of these privileges may result
in termination of the dealer's permit."
Regulation of boat liveries
SECTION 4. The 1976 Code is amended by adding:
"Section 50-23-24. Neither the owner of a boat livery nor his agent or
employees may permit any of his vessels to depart from his premises unless it is
registered properly, numbered, and titled."
Exemptions
SECTION 5. Section 50-23-30 of the 1976 Code is amended to read:
"Section 50-23-30. The provisions of this chapter do not apply to any
watercraft which has a valid marine document issued by the Bureau of Customs of
the United States Government or a federal agency successor, commercial barges,
windsurfers, and watercraft that are propelled exclusively by human power with
oars, paddles, or similar devices."
Application for titling by dealers
SECTION 6. Section 50-23-60(b) of the 1976 Code is amended to read:
"(b) Every dealer selling or exchanging a watercraft or outboard motor
subject to titling under this chapter shall make application to the department
for a new title in the name of the purchaser before delivering the watercraft or
outboard motor to the purchaser. The application must contain the name and
address of any lienholder holding a security interest created or reserved at the
time of sale and the date of his security agreement. It must be signed by the
dealer showing the assigned dealer identification numbers, as well as by the
owner, and the dealer shall mail or deliver the application to the department
within twenty days of the sale."
Late penalty
SECTION 7. Section 50-23-60 of the 1976 Code is amended by adding:
"(e) An application except those from marine dealers presented after
twenty days is subject to a late penalty of ten dollars for the twenty-first day
through the thirtieth day and fifteen dollars for the thirty-first day and
thereafter."
Manufacturer's or importer's certificate
SECTION 8. Section 50-23-110(c) of the 1976 Code is amended to read:
"(c) The manufacturer's or importer's certificate must be a uniform or
standardized form prescribed by the division and must contain:
(1) a description of watercraft or outboard motor, including its trade name,
if any, year of manufacture, series or model, body type, and manufacturer's
serial number, length, construction, or horsepower;
(2) certification of date of transfer of watercraft or outboard motor, and
name and address of transferee;
(3) certification that this was a transfer of watercraft or outboard motor
in ordinary trade and commerce;
(4) the signature and address of a representative of the transferor;
(5) on the reverse side of each manufacturer's or importer's certificate an
assignment form, including the name and address of the transferee, a
certification that the watercraft or outboard motor is new, and a warranty that
the title at the time of delivery is subject only to liens and encumbrances set
forth and described in full in the assignment."
Duplicate titles - delivery of assignment and warranty
SECTION 9. Section 50-23-120(a) of the 1976 Code is amended to read:
"(a) The owner at the time of delivery of the watercraft or outboard
motor shall execute the assignment and warranty of title to the transferee in the
space provided on the back of the certificate of title. In the event the title
is voided, due to a change, cancellation of an assignment on a title due to
error, or failure of a purchase to materialize the owner shall make application
for a duplicate title within five days."
Notice of possession of abandoned, junked, or similar watercraft
SECTION 10. The 1976 Code is amended by adding:
"Section 50-23-135. (A) A person who comes into possession of an
abandoned, junked, adrift, destroyed, or salvaged watercraft or outboard motor
shall notify the department in writing of possession within ten days of acquiring
possession. No person in possession may acquire any right of ownership or sell
a watercraft or outboard motor under this chapter without first obtaining a
title. If a security interest has been perfected, the person in possession shall
notify the lienholder by certified mail, return receipt requested, giving thirty
days for response. The person in possession who lays claim to a watercraft or
outboard motor is required to submit an affidavit to the department setting forth
the circumstances under which he came into possession of the watercraft or
outboard motor and such information as the department requires.
An owner who abandons or junks a watercraft or outboard motor, either on the
land or waters of the State, shall notify the department immediately in writing
and deliver to it any title or, if the title is lost or destroyed, a sworn
statement of that fact within ten days of the abandonment.
A person in possession of an abandoned or junked watercraft or outboard motor:
(1) whose owner of record has complied with this subsection may make
application to the department on forms prescribed by the department for titles
and transfer of ownership and after satisfying any security interest, if any, and
proof of payment of taxes a title must be issued to the person;
(2) whose owner of record has not complied with this subsection shall
contact the owner to get proper titles, duplicate title application, and bills
of sale as necessary to transfer ownership after satisfying any security
interest. The person in possession shall make application to the department
within twenty days with appropriate documents;
(3) whose owner failed to comply with this subsection and cannot be located
shall send a certified letter, return receipt requested, to the owner's last
known address, and advertise three times, seven days apart, in a newspaper of
local circulation in the county where the watercraft or outboard motor was found
giving a description including the make, model, length or horsepower, and year.
The application for title must be accompanied by the newspaper certification of
the advertisement and the dates printed, copies of the advertisement, and
certified letter;
(4) who does not desire to sell or obtain ownership may forfeit the
watercraft or outboard motor to the department which may sell it at any
department public auction or destroy it after every reasonable effort to locate
the owner.
(B) A person finding a watercraft or outboard motor submerged, a watercraft,
or watercraft with an outboard motor that is adrift on the waters of the State
or one that has drifted onto land, and salvages the watercraft or outboard motor
from the waters of the State, shall comply with subsection (A) to determine the
owner giving the serial number, make, year, model, length or horsepower, or hull
identification number, serial number, or registration number.
(1) If the owner of record is located, the person in possession of the
watercraft or outboard motor shall notify the owner by certified mail, return
receipt requested, advising of the reasonable cost of securing, storage, or
salvage, and the time limit for response from the date received or presented.
Any person who secures, stores, or salvages a watercraft or outboard motor shall
acquire a lien against the watercraft or outboard motor senior to an existing
lienholder. However, this does not apply to the department for a violation of
this chapter. If the owner does not respond, the person in possession may apply
for a duplicate title on a form provided by the department with his lien shown
and advertise the watercraft or outboard motor for sale at public auction three
times, seven days apart in a paper of local circulation giving the make, year,
model, length, or horsepower. The seller shall deduct his reasonable expenses
and, after the satisfaction of any other lien, pay any proceeds to the owner upon
application.
(2) If the person in possession of the watercraft or outboard motor desires
the watercraft or outboard motor for personal use he shall notify the owner of
record and all lienholders by certified mail, return receipt requested, with a
time of response of thirty days from receipt of the letter. If the owner does
not respond, the person in possession may make application on a form prescribed
by the department. A title obtained pursuant to this subparagraph is subject to
any lien of record previously listed on the watercraft or motor.
(C) A person in possession of an abandoned, junked, drifted, or salvaged
watercraft or outboard motor who fails to comply with this section is guilty of
a misdemeanor and subject to penalties prescribed by Section 50-23-280(a)."
Manufacturer's serial numbers
SECTION 11. Section 50-23-170 is amended to read:
"Section 50-23-170. (a) If a watercraft contains a permanent
identification number placed on it by the manufacturer, the manufacturer's serial
number must be used as the builder's hull number. If there is no manufacturer's
serial number, or if the manufacturer's serial number has been removed or
obliterated, or if the watercraft is homemade, the department, upon application,
shall assign a permanent identification number which must be used as the
builder's hull number for the watercraft, and this assigned number must be
affixed permanently to or imprinted by the applicant, at the place and in the
manner designated by the department, upon the watercraft for which the builder's
hull number is assigned.
'Homemade watercraft or outboard motor' means any watercraft or outboard motor
which is built by an individual for personal use from raw materials which does
not require the assignment of a federal hull identification number or serial
number by a manufacturer pursuant to federal law. An individual may build or
furnish raw materials to a builder under a contract to build a homemade
watercraft or outboard motor to desired specifications. A copy of the contract,
specifications, and bill of sale for raw materials must accompany registration
and title application. The person furnishing materials under a contract may be
considered the builder. A rebuilt or reconstituted watercraft or outboard motor
in no event may be construed to be homemade. Every homemade watercraft must be
certified as meeting safety standards of the United States Coast Guard before it
can be sold by the builder. Certification must be furnished to the purchaser and
a copy accompany applications for transfer to the department.
(b) Every outboard motor must have a permanent identification number placed
on it in at least two locations by the manufacturer. This number must be used
as the serial number. If there is no manufacturer's serial number, or if the
manufacturer's serial number has been removed for a valid reason or obliterated,
the department, upon a prescribed application, may assign a serial number for the
outboard motor, and this assigned serial number must be affixed permanently to
or imprinted by the applicant, at the place and in the manner designated by the
department, upon the outboard motor for which such serial number is assigned.
(c) No newly manufactured watercraft or outboard motor may be sold or offered
for sale by any person in this State unless the watercraft or outboard motor has
a hull identification number or serial number permanently affixed and the number
also must be affixed permanently in a hidden place.
(d) Manufacturer's serial numbers for watercraft must be clearly imprinted in
the stern transom knee or other essential hull member near the stern by stamping,
impressing, or marking with pressure, or in the case of inboard watercraft on the
main inside beam. In lieu of imprinting, the manufacturer's serial number may
be displayed on a plate in a permanent manner. In addition to being permanent,
the number must be accessible. If the serial number is displayed in a location
other than on or near the stern transom, the department must be notified by the
manufacturer as to the location.
(e) No person may destroy, remove, alter, cover, or deface the manufacturer's
serial number, or plate bearing such serial number, or any serial number assigned
by the department, on any watercraft or outboard motor unless authorized in
writing by the department."
Inspection of watercraft related facilities
SECTION 12. The 1976 Code is amended by adding:
"Section 50-23-185. Any law enforcement officer may inspect a junkyard,
scrap metal processing facility, salvage yard, marina, repair shop, boat yard,
dry dock, licensed business buying, selling, displaying, trading watercraft or
outboard motors, new and used or parts of watercraft and outboard motors, or
both, parking lots, and public garages or any other person dealing with salvaged
watercraft or outboard motors or parts of them.
The physical inspection must be conducted while an employee or owner is present
and must be for the purpose of locating stolen watercraft or outboard motors,
investigating the titling or registration of watercraft or outboard motors
wrecked or dismantled."
Regulation of operation or use of watercraft
SECTION 13. Section 50-23-190 of the 1976 Code is amended to read:
"Section 50-23-190. No person may:
(a) operate in this State a watercraft, or an outboard motor, for which a
certificate of title is required unless a certificate of title has been issued
to the owner;
(b) operate in this State a watercraft, or an outboard motor, for which a
certificate of title is required upon which the certificate of title has been
canceled;
(c) sell, transfer, or otherwise dispose of a watercraft, or an outboard
motor, without delivering to the purchaser or transferee a certificate of title,
or a manufacturer's or importer's certificate, assigned to the purchaser or
transferee as required by this chapter; or
(d) fail to surrender to the department a certificate of title upon
cancellation of the title by the department for a valid reason set forth in this
chapter or regulations adopted pursuant to it;
(e) dispose of a rejected or defective watercraft hull or outboard motor in
the manufacturing process except by upgrading the hull to meet United States
Coast Guard requirements or destroying the hull or outboard motor."
Prohibited cuts
SECTION 14. Section 50-23-200(e) and (f) of the 1976 Code are amended to read:
"(e) Have possession of, buy, receive, sell or offer for sale, or
otherwise dispose of a watercraft, or an outboard motor, knowing or having reason
to believe that the watercraft or outboard motor has been stolen; and no person
may procure or attempt to procure a certificate of title to a watercraft, or an
outboard motor, or pass or attempt to pass a certificate of title or any
assignment to a watercraft, or an outboard motor, knowing or having reason to
believe that the watercraft, or the outboard motor has been stolen; (f) Have
possession of, buy, receive, sell or offer for sale, or otherwise dispose of in
this State a watercraft, or an outboard motor, on which a manufacturer's or
assigned serial number has been destroyed, removed, covered, altered, or defaced,
knowing or having reason to believe of the destruction, removal, covering,
alteration, or defacement of the manufacturer's or assigned serial number;
or".
Seizure of certain watercraft - disposal of
SECTION 15. Section 50-23-205 of the 1976 Code is amended to read:
"Section 50-23-205. A stolen or abandoned, junked, adrift, destroyed, or
salvaged watercraft or outboard motor, a watercraft or outboard motor for which
the true owner may not be determined, or a watercraft or outboard motor on which
the manufacturer's or assigned serial number has been destroyed, removed,
covered, altered, or defaced may be seized.
Upon seizure of the watercraft or outboard motor, the department shall notify
a person claiming an interest in it, and the person has the right to prove his
interest before the circuit court in the county where the property was located.
If no action is filed within sixty days of notification, the department may
retain the property for official use or transfer the property to another public
entity for official use, sell the property at public auction or, in the event
that the watercraft or outboard motor is determined to be unsafe, destroy it.
The proceeds derived from the sale must be deposited in the Boating Operating
Fund of the department for administration of the program."
Requirements of chapter
SECTION 16. Section 50-23-270 of the 1976 Code is amended to read:
"Section 50-23-270. A sale, purchase, or transfer of a vessel or outboard
motor is subject to the provisions of this chapter. All other owners are
required to obtain title certificates at the time their vessel registration
becomes due for renewal or execute an affidavit properly notarized that he is the
true owner of the vessel or outboard motor. Any person making a false statement
in the affidavit is guilty of a misdemeanor and, upon conviction, must be fined
not less than one hundred dollars nor more than two hundred dollars or imprisoned
for not more than thirty days."
Watercraft not previously titled
SECTION 17. The 1976 Code is amended by adding:
"Section 50-23-275. A watercraft not previously required to be titled for
which a title is required by this chapter must be titled at the time of renewal
of the registration of the watercraft or transfer of the watercraft whichever
occurs first. An owner of such a watercraft must secure a title for the
watercraft within three years from the effective date of this section."
Penalties
SECTION 18. Section 50-23-280 of the 1976 Code is amended to read:
"Section 50-23-280. (a) A person violating the provisions of this
chapter is guilty of a misdemeanor and, upon conviction, must be fined not less
than fifty dollars nor more than two hundred dollars or imprisoned for not less
than ten days nor more than thirty days.
(b) A person convicted of violating Section 50-23-200 is guilty of a
misdemeanor and, upon conviction, must be fined not less than two hundred dollars
nor more than one thousand dollars or imprisoned for not less than thirty days
nor more than one year, or both."
Conditional titles
SECTION 19. The 1976 Code is amended by adding:
"Section 50-23-290. (A) If an applicant for a watercraft title or
outboard motor title is not able to produce a perfected chain of title from the
last owner of record or from the manufacturer, the department may issue to the
applicant a conditional title which reflects on the face of it that it is
conditional and that it does not warrant ownership against the true owner. The
conditional title may not be issued unless the department:
(1) determines that the watercraft or outboard motor has not been reported
as stolen in this State as required by this chapter or in another state;
(2) determines that no active liens exist on the watercraft or outboard
motor or that the existence of liens is unlikely; and
(3) determines that the last titled owner cannot be found or the probability
of finding the owner is remote; or
(4) determines that the necessary paperwork to perfect the title has been
lost, stolen, or destroyed and reasonably cannot be found or duplicated.
(B) The applicant shall cause to be published in a newspaper of general
circulation in the county where the last titled owner of the watercraft or
outboard motor is known to have lived a notice in the following form:
A. TO: (Name of last titled owner) and all persons claiming an interest in
(description including make, model, year, horsepower, and hull identification or
serial number if available).
Please take notice that (Name of applicant) shall apply to the South Carolina
Wildlife and Marine Resources Department for a title to that certain (watercraft
or outboard motor) described as follows: (Description including make, model,
horsepower, year, and hull identification or serial number if available) no later
than ten (10) days from the last publication of this notice. This is the (first,
second, or third) of three notices to be published weekly for three weeks. If
you wish to claim an interest in this (watercraft/outboard motor) you are advised
to contact the South Carolina Wildlife and Marine Resources Department
immediately.
B. If there is no record of a previous titled owner or he cannot be determined
the notice may be addressed to all persons claiming an interest in the watercraft
or outboard motor and published in the county of the applicant's residence for
the prescribed period.
C. Upon receipt of proof of publication (Certification from newspaper with copy
of advertisement and dates) and having received no claims from interested parties
upon determination of the department that the above conditions exist, the
department may issue a conditional title to the watercraft or outboard motor upon
receipt of payment of appropriate taxes, fees, and application.
D. The conditional nature of the title must be reflected clearly on the face of
the title and upon any subsequent titles issued on the watercraft or outboard
motor for seven years.
E. A person claiming an interest in the watercraft or outboard motor may bring
an action within seven years to set the conditional title aside and for the
return of the watercraft or outboard motor. Seven years after issuance of the
conditional title it is incontestable and a new nonconditional title may be
issued upon application and payment of the appropriate fee."
Drifted lumber or timbers
SECTION 20. Section 49-1-50 of the 1976 Code is amended to read:
"Section 49-1-50. No person may sell any drifted lumber or timber, not
the property of the person, without first advertising the sale of it at public
auction at least three times and at least three days prior to the date of the
sale in the newspaper having the greatest circulation in the county in which the
drifted lumber or timber is found and taken, giving an accurate description of
any and all marks by which the lumber or timber may be identified.
If a person sells any drifted lumber or timber without having first advertised
the sale or fails to pay the proceeds of the sale to the owner on application,
after deducting the expenses, or if a person having advertised a sale refuses to
deliver any drifted lumber or timber claimed by the rightful owner, prior to the
date of the sale after the owner has offered to pay reasonable salvage expenses,
he may be indicted for a misdemeanor and fined or imprisoned in the discretion
of the court. A person who purchases drifted lumber or timber that has not been
advertised as provided may be indicted as a receiver of stolen goods and fined
or imprisoned in the discretion of the court."
Time effective
SECTION 21. This act takes effect upon approval by the Governor. |