Section 3. Owners of marked lumber may search for and remove same., suits for damages
The owner or owners of any of the kinds of lumber aforesaid, their agent or agents, shall have the right and by this act are authorized to enter peaceably upon the lands, mills or other premises of any person or persons, above said Susquehanna Booms, doing no damage, to search for any such lumber, duly marked with registered marks, as aforesaid, and shall have the right, and by this act are authorized to remove any such lumber, marked as aforesaid, without let or hindrance, first paying to the owner or owners of such mill, premises or land the actual damage done thereto, by occasion of such lumber having floated or remained thereon, or damage done in the removal of such lumber therefrom; and if the parties cannot agree as to the amount of damages done, as aforesaid, the said lumber shall be delivered up to the owner or owners thereof, his, her or their agents, upon the production of a certificate, as provided in the second section of this act; and the owner or owners thereof, his, her or their agents, as aforesaid, shall be liable to arrest, at the suit of the owner or owners of any such mill, premises or land, as aforesaid, upon a capias ad respondendum, from which he or they shall not be discharged until he or they shall give bail absolute, before the justice or prothonotary who shall issue the same, to pay to the owner or owners of any such mill, premises or land, as aforesaid, the amount of the judgment that may be finally recovered for the damages as aforesaid, with costs of suit: Provided, That if the person or persons commencing any such suit, as aforesaid, shall fail to recover, on final hearing, a greater amount than was tendered by the owner or owners, his, her or their agents, as aforesaid, at the time of claiming such lumber, as aforesaid, then the party plaintiff shall pay the party defendant, his, her or their necessary costs of suit, and for his, her or their witnesses; which costs, as aforesaid, shall be paid before the amount of the judgment obtained shall be collected, or be made a set off against the same; and it shall not be required, upon the trial of any such case, to bring the money offered into court. 1862, April 10, P.L. 383, Sec. 3.