Goods and Stray

of the value of ten dollars or more, shall, within three months, Appraisal of Lost and before any use shall be made thereof, procure an appraisal Beasts. of the same to be made and certified by a Justice of the Peace of, his township, which appraisal he shall, within said three months, cause to be filed with the Township Clerk; and he shall pay to such Justice fifty cents for such appraisal and certificate, and six cents for each mile necessarily traveled by him in such service, and to the clerk six cents for filing the certificate.

etc., to have res

(1609.) SEC. 7. If the owner or person entitled to the pos- When owner, session of any such money or goods, other than stray animals, titution. shall appear at any time within one year after such entry with the Township Clerk, and make out his rights thereto, he shall have restitution of the same, or of the value thereof, upon his paying all the costs and charges aforesaid, together with a reasonable compensation to the finder for keeping and taking care of the same, and for his necessary travel and expenses in the case; which charges shall, in case of disagreement between the owner and finder, be determined by some Justice of the Peace of the township, who shall certify the same.

shall remain

to one half of

value.

(1610.) SEC. 8. If no owner or person entitled to the posses- when goods, etc., sion of the same shall appear in one year, then such lost with finder, and money or goods shall remain to the finder, he paying one half Township entitled of the value thereof to the Treasurer of the township, according to said appraisement, after deducting from such value all the fees and charges aforesaid, to be determined and certified by a Justice of the Peace as aforesaid; and upon the neglect or refusal to pay the said half of the value, the same shall be recovered by the Township Treasurer, in an action of debt, or on the case.

etc., to have res

Beasts.

(1611.) SEC. 9. If the owner or person entitled to the pos- When Owner, session of any such stray beast, shall appear within six months titution of Stray after such entry with the Township Clerk, and shall make out his right thereto, he shall have restitution of the same, upon paying all lawful charges as before provided in the case of

lost goods.

Beasts, and dis

ceeds.

(1612.) SEC. 10. If such owner or person entitled to the sale of Stray possession of the same, shall not appear and make out his title position of proto the animals, within the said six months, such animals shall be sold at the request of the finder, by any constable of the township, at public auction, upon first giving notice thereof in writing, by posting up the same in three of the most public places in such township at least ten days before such sale,

When Owner, etc., to receive

ted with Town

and the finder may bid therefor at such sale; and the moneys arising therefrom, after deducting all the lawful charges aforesaid, and the fees of the constable, which shall be the same as upon a sale on execution, shall be deposited in the Treasury of the township.

(1613.) SEC. 11. If the owner or person entitled to the pos Moneys de posi-session of any such animal, shall appear within one year after ahip Treasurer. the entry with the Township Clerk as aforesaid, and establish by his own affidavit, or otherwise, to the satisfaction of the Township Treasurer, his title thereto, he shall be entitled to receive the money so deposited in the Township Treasury, from the proceeds of the sale; and if no owner or person entitled to the possession of the same shall appear within the said year, such money shall belong to the township.

Finder neglecting

to Advertise,

fit of this Chap

ter.

(1614.) SEC. 12. If the finder of any lost money, goods, or etc., to lose bene- stray beasts shall neglect to cause the same to be entered, advertised, or notice thereof to be posted, as directed in this chapter, he shall be precluded from all the benefits of this chapter, and from all claim for keeping such goods or animals, or on account of any charges in relation thereto.

Liability of per

son unlawfully

Animals.

(1615.) SEC. 13. If any person shall unlawfully take away taking Stray any animal, taken up as a stray pursuant to the provisions of this chapter, without paying all the lawful charges incurred in relation to the same, he shall be liable to the finder thereof to the value of such animal, which may be recovered in an action of trespass, or on the case.

When Horses, etc., may be

ed by finder.

(1616.) SEC. 14. If any horses, mules or oxen, of sufficient moderately work age and strength, and used to work, shall be taken up under the provisions of this chapter as strays, and shall not be reclaimed by the owner within one month after the entry thereof with the Township Clerk, the person taking up the same may moderately and carefully work such horses, mules, or oxen, within the township where they were so taken up; and the value of such labor shall be deducted from the charges aforesaid.

date of reception

entered in cer

1839, p. 112.

(1617.) SECTION 1. Whenever any personal property shall Description and be consigned to, or deposited with any forwarding merchant, of property to be wharf keeper, warehouse keeper, tavern keeper, or the tain cases. keeper of any depot for the reception and storage of trunks, 1840, p. 135. baggage, and other personal property, such consignee or bailee shall immediately cause to be entered in a book to be provided and kept by him for that purpose, a description of such property, with the date of the reception thereof.

be given to Own

(1618.) SEC. 2. If such property shall not have been left when Notice to with such consignee or bailee for the purpose of being er by letter. forwarded or otherwise disposed of according to directions. received by such consignee or bailee, at or before the time of the reception thereof, and the name and residence of the owner of such property be known or ascertained, the person having such property in his custody shall immediately notify such owner by letter, to be directed to him, and deposited in a post office, to be transmitted by mail, of the reception of such property.

Notice, when and how to be published.

property remain

(1619.) SEC. 3. In case any such property shall remain unclaimed for three months after its reception as aforesaid, the person having possession thereof shall cause a notice to be published once in each week for four successive weeks in a newspaper published in the same county, if there be one, and if not, then in some paper published at the Seat of Government, describing such property, and specifying the time when it was so received, and stating that unless such property shall be claimed within three months from the first publication of such notice, and the lawful charges thereon paid, the same will be sold according to the statute in such case made and provided.

Proceedings if (1620.) SEC. 4. In case the owner or person entitled to such unclaimed. property shall not, within three months after the first publication of such notice, claim such property and pay the lawful charges thereon, including the expense of such publication, the person having possession of the property, his agent or attorney, may make and deliver to any Justice of the Peace of the same county, an affidavit, setting forth a description of the property remaining unclaimed, the time of its reception, the publication of the notice, and whether the owner of such property be known or unknown.

Inventory and order for Sale,

by Justice.

(1621.) SEC. 5. Upon the delivery to him of such affidavit, the when to be made Justice shall cause such property to be opened and examined in his presence, and a true inventory thereof to be made, and shall make and annex to such inventory an order under his hand, that the property therein described be sold by any constable of the city or township where the same shall be, at public auction, upon due notice.

Constable to give notice and sell property.

Return of Constable.

proceeds, etc.

(1622.) SEC. 6. It shall be the duty of the constable receiving such inventory and order, to give ten days' notice of the sale, by posting up written notices thereof in three public places in the city or township, and to sell such property at public auction, for the highest price he can obtain therefor.

(1623.) SEC. 7. Upon completing the sale, the constable making the same shall endorse upon the order aforesaid a return of his proceedings upon such order, and deliver the same to such Justice, together with the inventory, and the proceeds of the sale, after deducting his fees, which shall be the same as upon an execution.

Disposition of (1624.) SEC. 8. From the proceeds of such sale, the Justice shall pay the charges and expenses legally incurred in respect to such property, or a rateable proportion to each claimant, if

there be not sufficient for the payment of the whole; and such Justice shall ascertain and determine the amount of such charges in a summary manner, and shall be entitled to one dollar for each day's services rendered by him in such proceedings.

to be delivered to

urer.

(1625.) SEC. 9. Such Justice shall deliver to the Treasurer Inventory, ete, of the county in which the property was sold, the affidavit, County Treas inventory and order of sale, and return hereinbefore mentioned, together with a statement of the charges and expenses incurred in respect to such property, as ascertained and paid by him, with a statement of his own fees, and shall at the same time pay over to such Treasurer any balance of the proceeds of the sale, remaining after payment of such charges, expenses and fees.

made by Treas

(1626.) SEC. 10. The Treasurer shall file in his office, and Entry, etc., to be safely keep all the papers so delivered to him, and make a urer. proper entry of the payment to him of all moneys arising from such sale, in the books of his office.

may receive

with Treasurer.

(1627.) SEC. 11. If the owner of the property sold, or his when Owner legal representatives shall, at any time within five years amount deposited after such moneys shall be deposited in the County Treasury, furnish satisfactory evidence to the Treasurer of the ownership of such property, he or they shall be entitled to receive from such Treasurer the amount so deposited with him. (1628.) SEC. 12. If the amount so deposited with any County If amount not Treasurer shall not be paid to such owner or his legal representatives within the said five years, such County Treasurer shall pay such amount into the State Treasury, to the credit of the general fund.

41

paid to Owner, to

be

paid into the

State Treasury.