Timber

Wood fitted for building, oak, ash, and elm, will probably be found, on tracing it back to its source, to originate in the fact that acts of parliament protecting timber particularly designated those three kinds. Oak, ash, and elm are doubtless timber everywhere; but even in England, by the custom of some particular counties, within which other kinds of trees were generally used for building, such kinds have also, for that reason, been considered as timber. And generally whatever trees are used in building and the mechanic arts ought to be deemed timber, within the legal meaning of that word, except when it may be limited by special connection. The term timber, in the acts of congress of March 2, 1831, relative to the lands of the United States, signifies the standing and felled trees prepared for transportation to a vessel or saw-mill, such as saw-logs, or timber in bulk; but does not embrace any article manufactured from the tree, as shingles or boards. The trees are those the wood of which is generally used in ship and house building.

United States V. Schuler, 6 Mc Lean, 28, 38.

A contract for the purchase of timber does not pass title to trees which are only useful for firewood.

Nash v. Drisco, 51 Me. 417.

The word timber, in a statute allowing the owner of land taken for a highway a reasonable time to take off his " timber, wood, and trees," includes buildings and parts of buildings.

Commonwealth v. Noxon, 121 Mass. 42.

That the word timber may include fencing stuff by local usage, see Hunter v. Hunter, 17 Barb. 25.