{"law_id":"767197","section_number":"59.1-115","catch_line":"Sheriff’s sale of unbranded timber; recovery by owner; disposition of proceeds","history":"Code 1950, \u00a7 59-212; 1968, c. 439.","order_by":null,"metadata":false,"court_decisions":{},"official_url":"http:\/\/law.lis.virginia.gov\/vacode\/59.1-115\/","refers_to":false,"url":"\/59.1-115\/","token":"59.1\/8\/59.1-115","structure":{"1":{"id":"1849","name":"Timber Brands","identifier":"8","label":"chapter","url":"\/59.1\/8\/"},"2":{"id":"267","name":"Trade And Commerce","identifier":"59.1","label":"title","url":"\/59.1\/"}},"referred_to_by":false,"edition_id":"11","section_id":"767197","structure_id":"1849","full_text":"Every person who shall take, catch, hold or have in his possession any log or other marketable timber, not branded as aforesaid, without the written consent of the owner thereof, shall within ten days after catching, taking up, or getting possession of the same, as aforesaid, report the same in writing to the county clerk of the county in which such person resides, and thirty days after such report is received the sheriff of such county shall sell the same publicly at the courthouse door on the first day of a circuit court in the county, of which notice shall be given by the sheriff for at least ten days by written or printed notices posted at the front door of such courthouse 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, by satisfying the sheriff that he is entitled to it, or by action of detinue, as provided by law. Such sale shall be made for cash, and the proceeds when collected, after paying the expenses of sale, including a fee of twenty-five cents for each log or piece of timber so sold, shall be paid to the treasurer of the county for the benefit of the public schools of the district in which the party reporting the same shall at that time reside. Any person failing to report to such clerk, as aforesaid, or to turn over the log or other timber to the sheriff, or any sheriff failing or refusing to advertise and sell such log or timber, as aforesaid, shall be guilty of a misdemeanor, and fined not less than $ 10 nor more than $ 100 for each offense.","text":{"0":{"id":"2472630","text":"Every person who shall take, catch, hold or have in his possession any log or other marketable timber, not branded as aforesaid, without the written consent of the owner thereof, shall within ten days after catching, taking up, or getting possession of the same, as aforesaid, report the same in writing to the county clerk of the county in which such person resides, and thirty days after such report is received the sheriff of such county shall sell the same publicly at the courthouse door on the first day of a circuit court in the county, of which notice shall be given by the sheriff for at least ten days by written or printed notices posted at the front door of such courthouse 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, by satisfying the sheriff that he is entitled to it, or by action of detinue, as provided by law. Such sale shall be made for cash, and the proceeds when collected, after paying the expenses of sale, including a fee of twenty-five cents for each log or piece of timber so sold, shall be paid to the treasurer of the county for the benefit of the public schools of the district in which the party reporting the same shall at that time reside. Any person failing to report to such clerk, as aforesaid, or to turn over the log or other timber to the sheriff, or any sheriff failing or refusing to advertise and sell such log or timber, as aforesaid, shall be guilty of a misdemeanor, and fined not less than $ 10 nor more than $ 100 for each offense.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1}},"ancestry":{"1":{"id":"1849","name":"Timber Brands","identifier":"8","label":"chapter","url":"\/59.1\/8\/"},"2":{"id":"267","name":"Trade And Commerce","identifier":"59.1","label":"title","url":"\/59.1\/"}},"structure_contents":{"0":{"id":"779992","structure_id":"1849","section_number":"59.1-103","catch_line":"Persons engaged in lumbering or rafting on certain waters may adopt mark of designation","url":"\/59.1-103\/","token":"59.1\/8\/59.1-103"},"1":{"id":"780438","structure_id":"1849","section_number":"59.1-104","catch_line":"Repealed","url":"\/59.1-104\/","token":"59.1\/8\/59.1-104"},"2":{"id":"789834","structure_id":"1849","section_number":"59.1-105","catch_line":"Certificate as evidence of right to use marks","url":"\/59.1-105\/","token":"59.1\/8\/59.1-105"},"3":{"id":"794849","structure_id":"1849","section_number":"59.1-106","catch_line":"Sale of unclaimed timber, etc., found adrift; disposition of proceeds","url":"\/59.1-106\/","token":"59.1\/8\/59.1-106"},"4":{"id":"791773","structure_id":"1849","section_number":"59.1-107","catch_line":"Fraudulent use of mark or claim of ownership; defacement of mark, etc.; destruction or conversion of timber, etc","url":"\/59.1-107\/","token":"59.1\/8\/59.1-107"},"5":{"id":"775952","structure_id":"1849","section_number":"59.1-108","catch_line":"Who are timber dealers","url":"\/59.1-108\/","token":"59.1\/8\/59.1-108"},"6":{"id":"782126","structure_id":"1849","section_number":"59.1-110","catch_line":"Using recorded brand or trademark without authority","url":"\/59.1-110\/","token":"59.1\/8\/59.1-110"},"7":{"id":"790313","structure_id":"1849","section_number":"59.1-111","catch_line":"Unauthorized use of dealer's branding iron, or defacing, etc., marks made by it","url":"\/59.1-111\/","token":"59.1\/8\/59.1-111"},"8":{"id":"769306","structure_id":"1849","section_number":"59.1-112","catch_line":"Fraudulently impressing brand on timber","url":"\/59.1-112\/","token":"59.1\/8\/59.1-112"},"9":{"id":"793217","structure_id":"1849","section_number":"59.1-113","catch_line":"Effect of impressing brand on tree, etc","url":"\/59.1-113\/","token":"59.1\/8\/59.1-113"},"10":{"id":"780836","structure_id":"1849","section_number":"59.1-114","catch_line":"Unlawful cutting down, possessing or converting branded timber","url":"\/59.1-114\/","token":"59.1\/8\/59.1-114"},"11":{"id":"767197","structure_id":"1849","section_number":"59.1-115","catch_line":"Sheriff's sale of unbranded timber; recovery by owner; disposition of proceeds","url":"\/59.1-115\/","token":"59.1\/8\/59.1-115"},"12":{"id":"783766","structure_id":"1849","section_number":"59.1-116","catch_line":"Repealed","url":"\/59.1-116\/","token":"59.1\/8\/59.1-116"}},"previous_section":{"id":"780836","structure_id":"1849","section_number":"59.1-114","catch_line":"Unlawful cutting down, possessing or converting branded timber","url":"\/59.1-114\/","token":"59.1\/8\/59.1-114"},"next_section":{"id":"783766","structure_id":"1849","section_number":"59.1-116","catch_line":"Repealed","url":"\/59.1-116\/","token":"59.1\/8\/59.1-116"},"references":false,"formats":{"txt":"\/59.1-115.txt","json":"\/59.1-115.json","xml":"\/59.1-115.xml"},"dublin_core":{"Title":"Sheriff’s sale of unbranded timber; recovery by owner; disposition of proceeds","Type":"Text","Format":"text\/html","Identifier":"\u00a7 59.1-115","Relation":"Code of Virginia"},"plain_text":"                                 CODE OF VIRGINIA\n\nSHERIFF’S SALE OF UNBRANDED TIMBER; RECOVERY BY OWNER; DISPOSITION OF\nPROCEEDS (\u00a7 59.1-115)\n\nEvery person who shall take, catch, hold or have in his possession any log or\nother marketable timber, not branded as aforesaid, without the written consent\nof the owner thereof, shall within ten days after catching, taking up, or\ngetting possession of the same, as aforesaid, report the same in writing to the\ncounty clerk of the county in which such person resides, and thirty days after\nsuch report is received the sheriff of such county shall sell the same publicly\nat the courthouse door on the first day of a circuit court in the county, of\nwhich notice shall be given by the sheriff for at least ten days by written or\nprinted notices posted at the front door of such courthouse or near thereto and\nat one or more public places in the county. Any person owning such log or timber\nmay, however, recover the same, by satisfying the sheriff that he is entitled to\nit, or by action of detinue, as provided by law. Such sale shall be made for\ncash, and the proceeds when collected, after paying the expenses of sale,\nincluding a fee of twenty-five cents for each log or piece of timber so sold,\nshall be paid to the treasurer of the county for the benefit of the public\nschools of the district in which the party reporting the same shall at that time\nreside. Any person failing to report to such clerk, as aforesaid, or to turn\nover the log or other timber to the sheriff, or any sheriff failing or refusing\nto advertise and sell such log or timber, as aforesaid, shall be guilty of a\nmisdemeanor, and fined not less than $ 10 nor more than $ 100 for each offense.\n\nHISTORY: Code 1950, \u00a7 59-212; 1968, c. 439."}