(A) 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 before 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.

(B) It is unlawful for a person to:

(1) sell any drifted lumber or timber without having first advertised the sale;

(2) fail to pay the proceeds of the sale to the owner on application, after deducting the expenses; or

(3) advertise a sale and then refuse to deliver any drifted lumber or timber claimed by the rightful owner, before the date of the sale after the owner has offered to pay reasonable salvage expenses.

(C) A person who violates the provisions of this section is guilty of a:

(1) felony and, upon conviction, must be fined in the discretion of the court or imprisoned not more than ten years, or both, if the value of the lumber or timber is ten thousand dollars or more;

(2) felony and, upon conviction, must be fined in the discretion of the court or imprisoned not more than five years, or both, if the value of the lumber or timber is more than two thousand dollars but less than ten thousand dollars;

(3) misdemeanor triable in magistrates court or municipal court, notwithstanding the provisions of Sections 22-3-540, 22-3-545, 22-3-550, and 14-25-65, if the value of the lumber or timber is two thousand dollars or less. Upon conviction, the person must be fined not more than one thousand dollars, or imprisoned not more than thirty days, or both.

(D) 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 must be fined or imprisoned as provided in Section 16-13-180.

HISTORY: 1962 Code Section 70-7; 1952 Code Section 70-7; 1942 Code Section 1206; 1932 Code Section 1206; Cr. C. '22 Section 94; Cr. C. '12 Section 256; Cr. C. '02 Section 196; G. S. 1622; R. S. 183; 1853 Act No. 4154; 1907 Act No. 251; 1989 Act No. 190, Section 20; 1993 Act No. 184, Section 126; 2010 Act No. 273, Section 16.G.G, eff June 2, 2010.

Editor's Note

2010 Act No. 247, Section 4.B, provides:

"Chapter 1, Title 49 of the 1976 Code is not affected by and supersedes Chapter 4, Title 49 of the 1976 Code, as amended by SECTION 1 of this act."

Effect of Amendment

The 2010 amendment in subsection (C), in item (1) substituted "ten thousand" for "five thousand", in item (2) substituted "two thousand" for "one thousand" and "ten thousand" for "five thousand", and rewrote item (3).