264 REPORT OF THE No. 3 



if known, shall be forthwith notified of their whereabouts, and if satisfac- 

 tory security be given for the amount of such proportion of charges and 

 expenses, possession of the logs shall be given up. 



8. When logs of any person, upon or in any water in this Province, or 

 the banks or shores of such water, are intermixed with logs of another per- 

 son or persons, then any of the persons whose logs are intermixed, may at 

 any time during the drive require his logs to be separated from the other 

 logs at some suitable and convenient place, and after such separation he 

 shall secure the same at his own cost and expense, m such manner as to 

 allow free passage for such other logs; provided that when any logs so 

 intermixed reach their places of original destination, if known, the same 

 shall be separated from the other logs and after such separation the owner 

 shall secure the same at his own cost and expense. 



9. The several persons owning or controlling the intermixed logs shall 

 respectively make adequate provisions and put on a fair proportion of men 

 required to make the separation, the cost and expense of such separation 

 shall be borne by the parties in such proportions as they may agree upon, 

 and in default of agreement, as may be determined by arbitration as here- 

 inafter provided. 



10. In case of neglect of any person to comply with the provisions of 

 the last preceding section, it shall be lawful for any other person or per- 

 sons, whose logs are intermixed, to put on a sufficient number of men to 

 supply the deficiency, and the logs owned by or controlled by the person 

 guilty of such neglect shall be subject to a lien in favor of the person or 

 persons supplying the deficiency, for a fair proportion of the charges and 

 expenses of making the separation, and for the reasonable charges and 

 expenses of booming and keeping possession, and such person or persons 

 may take and keep possession of such logs or so much thereof as may be 

 reasonably necessary to satisfy the amount of such fair proportion of 

 charges and expenses pending the decision by arbitration as hereinafter 

 provided for. The person taking possession of logs under this section shall 

 use all reasonable care not to take such logs beyond the place of their 

 original destination, if known, but may securely boom and keep possession 

 of the same at or above such place. The owner or person controlling such 

 logs, shall be forthwith notified of their whereabouts, and if satisfactory 

 security be given for the amount of such proportion of charges and expenses, 

 possesion of the logs shall be given up. 



11. The security referred to in sections 4, 7 and 10 may be by bond in 

 form A in the schedule hereto, or by deposit of money, or in such other 

 way as the parties may agree upon. 



12. If it be determined by arbitration as hereinafter provided for, that 

 any person acting under the assumed authority of this Act, has without 

 just cause taken possession of or detained or caused to be taken possession 

 o* or detained logs of another person, or has after offer of security which 

 the arbitrators may think should have been accepted detained such logs, or 

 has through want of reasonable care left logs of another person on the banks 

 or shores or has taken logs of another person beyond the place of their 

 original destination, contrary to the provisions of sections 4, 7 or 10, then 

 such first mentioned person shall pay to such last mentioned person such 

 damages as the arbitrators may determine. 



13. The lien given by sections 4, 7 and 10 of this Act shall be subject 

 to the lien (if any) of any person or corporation for tolls or dues for the use 

 of any works or improvements made use of in running or driving such logs. 



14. Nothing in this Act shall affect the liens or rights of the Crown 

 upon or in respect of any logs. 



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