SECTIONS 4851-4855 - California Statutes

PUBLIC RESOURCES CODE

SECTION 4851-4855

4851. As used in this article, "lumber" means all timber, whether
in logs, boards, planks, or beams, and whether in rafts or otherwise.
It does not include the sort of wood commonly called driftwood.

4852. Whenever any lumber drifts upon any island in any of the
waters of this state, or upon the bank of any such waters, the owner
of the lumber may remove it on payment or tendering to the owner or
occupant of the land the amount of the damages which the owner or
occupant of the land has sustained by reason of the drifting of the
lumber upon such land, and which may accrue in its removal.

4853. If the owner of the lumber does not, within three months from
the time it was so drifted, take the lumber away, the owner or
occupant of the land shall deliver a bill of his charges, together
with the lumber, to the sheriff of the county. The sheriff shall
dispose of the lumber in the manner required by Articles 1
(commencing with Section 510) and 2 (commencing with Section 530) of
Chapter 3, Division 3 of the Harbors and Navigation Code with regard
to wrecked perishable property.

4854. When sold, the proceeds of the lumber shall be applied first
to the payment of the charges of sale and in liquidation of the
expenses and damages awarded to the claimant. The residue shall be
paid to the county treasurer, to be by him paid over to the former
owner of the lumber, or his representatives, or assigns, on the
production of proof of his former ownership satisfactory to the judge
of the superior court of the county, and on his order therefor, made
within one year after its receipt.

4855. The rejection by the judge of any claimant's right to such
proceeds is conclusive, unless within six months thereafter he
commences action to obtain such proceeds. If no claim is made or
sustained to the proceeds, the county treasurer shall place the
proceeds in the county unapportioned elementary school fund.