If animal

not claimed
what pro-
ceedings
to be had.

Estray,

wh n and how kept.

How estray may be sold.

and a particular description of the animal so taken up, subscribed by the person taking up the same.

Stats. 1863, p. 697, Sec. 1-modified; 1863, p. 581, Sec. 2-modified.

SEC. 3124. If the owner of the animal posted fails to appear within thirty days thereafter to prove his property, pay charges, and take the same away, the person taking up and posting the animal must make the affidavit and cause to be made the appraisement, record, and notice, as provided in Article II of this Chapter for "lost money and goods," and the estray is thereafter subject to and must be disposed of according to the provisions thereof.

Stats. 1863, pp. 581, 697.

SEC. 3125. The person taking up an estray may use the same as his other similar animals are used, but must keep the same at the place where it is advertised to be at all times. If the animal escape or die he is not responsible therefor, unless it is shown to have occurred through his gross negligence.

Stats. 1863-4, p. 386, Sec. 1.

SEC. 3126. If at any time after the expiration of three months from the taking up of any estray, the provisions of this Article being complied with, the taker up elects so to do he may have the Constable of the township, after the Constable has given ten days public notice thereof by notices posted in three of the most public places in the township, giving the time and place of sale and a particular description of the animal taken up, sell the animal at public auction for cash, the purchaser at the sale to take and keep the animal subject to the provisions of this Chapter, and to record and advertise the sale and purchase and the place where the animal is thereafter to be found, as required in the first instance.

NOTE.-It has been the purpose of the Commission to simplify as far as possible the various statutes regulating estrays, and to make the same of uniform operation throughout the State. These few sections are

drawn from all the existing laws on the subject. A
statute originally passed for Sacramento County, March
twenty-eighth, eighteen hundred and fifty-nine, and
subsequently extended to many other counties, con-
cerning "stallions found running at large," it seems to
us makes in the matter of estrays a distinction without
a difference. Stallions are necessarily included under
the general term of "horse," and may be dealt with as
other estrays, hence the special statute above referred
to will be disregarded in this Code.

ARTICLE II.

LOST MONEY AND GOODS.

SECTION 3136. Duty of persons finding lost money, goods, etc.
3137. Justice to appoint appraisers. Duty of appraisers.
3138. Justice to file list of appraisers. Finder to advertise,
how and when.

3139. Proceedings, if no owner appear within six months.
3140. Finder to restore property, when. Owner may sue,

when.

3141. Finder failing to make discovery, penalty.
3142. Proof, how made.

SEC. 3136. If any person find any money, goods, things in action, or other personal property of the value of ten dollars or more, he must inform the owner thereof, if known, and make restitution without compensation, further than a reasonable charge for taking care thereof; but if the owner is not known, he must, within five days, make an affidavit before some Justice of the county, stating when and where he found the same, particularly describing it, that the owner is unknown to him, and that he has not secreted, withheld, or disposed of any part of such property.

Duty of finding lost goods, etc.

persons

money,

Justice to appoint appraisers.

SEC. 3137. The Justice must then summon three disinterested householders to appraise the same. The appraisers, or any two of them, must make two lists of the valuation and description of such property, and sign Duty of and make oath to the same, and deliver one of the lists to the finder, and the other to the Justice of the Peace.

appraisers.

file list of

Justice to SEC. 3138. The Justice must file such list, and the appraisers. finder must transmit a copy of the same to the Recorder of the county, who must record the same in a book known as the "Estray and Lost Property Book," within fifteen days, and the finder must at once set up at the Court House door and four other public places in the township or city a copy of such valuation and description of property.

Finder to advertise. how and when.

Proceedings, if no

owner appear within six months.

Finder to restore property, when.

SEC. 3139. If no owner appears and proves the property within six months, and the value thereof does not exceed twenty dollars, the same vests in the finder; but if the value exceed twenty dollars, the finder must, within thirty days after setting up the list mentioned in the preceding section, cause a copy of the description to be inserted in some newspaper printed in the county, if there be one, and if not, in some newspaper printed in the State for three weeks; and if no owner prove the property within one year after such publication it vests in the finder.

SEC. 3140. If, within one year, an owner appears and proves the property and pays all reasonable charges, including fees of officers, the finder must restore the same to him. On failure to make restoration of such property, Owner may or the appraised value thereof, on being tendered such charges and fees, the owner may recover the same or the value thereof by civil action in any Court having jurisdiction.

sue, when.

Finder failing to make discovery, penalty.

Proof, how made.

SEC. 3141. If any person find any money, property, or other valuable thing, and fail to make discovery of the same as required by this Article, he forfeits to the owner double the value thereof.

SEC. 3142. The proof required by this Article must be made before the Clerk with whom the list provided for herein is filed, and if he is satisfied therefrom that the person claiming to be is the owner, he must certify that fact under his hand and the seal of the County Court.

NOTE.-The preceding Article is substituted for an Act concerning water craft found adrift, and lost money and property. (Stats. 1850, p. 156.) The material changes made are:

1. In establishing a uniform rule applicable alike to all kinds of lost property;

2. In vesting the title of the property in the finder, instead of in the county in which it is found.

We think that when property cannot be restored to the owner, the title ought to vest in the person whose care and expenditure has preserved it, and that no sufficient reason can be adduced for taking it from him and giving it to a county which has neither run risk nor incurred expense in relation to it.

ARTICLE III.

UNCLAIMED PROPERTY.

SECTION 3152. Common carriers may retain goods until charges are paid.

3153. Property unclaimed within sixty days to be sold, how.

3154. Proceeds unclaimed, where to go.

3155. Carrier's responsibility ceases, when.

3156. Property upon which advances are made may be sold,
when.

3157. Fees of officers.

carriers

may retain charges

goods until

are paid.

SEC. 3152. When any goods, merchandise, or other Common property has been received by any railroad or express company, or other common carrier, commission merchants, innkeepers, or warehousemen, for transportation or safe keeping, and are not delivered to the owner, consignee, or other authorized person, the carrier, commission merchant, innkeeper, or warehouseman, may hold or store the same with some responsible person, until the freight and all just and reasonable charges are paid.

unclaimed

within

sixty days

to be sold,

how.

SEC. 3153. If no person calls for the property within Property sixty days from the receipt thereof and pays freight and charges thereon, the carrier, commission merchant, innkeeper, or warehouseman, may sell such property, or so much thereof, at auction to the highest bidder, as will pay freight and charges, first having given twenty days. notice of the time and place of sale to the owner, con

Proceeds unclaimed,

signee, or consignor, when known, and by advertisement
in a daily paper (or if in a weekly paper, four weeks)
published where such sale is to take place; and if any
surplus is left after paying freight, storage, cost of
advertising, and other reasonable charges, the same must
be paid over to the owner of such property at any time
thereafter, upon demand being made therefor within
sixty days after the sale.

SEC. 3154. If the owner or his agent fails to demand where to go. such surplus within sixty days of the time of such sale, then it must be paid into the County Treasury, subject to the order of the owner.

Carrier's responsibility ceases, when.

Property upon which advances are made may be

sold, when.

Fees of officers.

SEC. 3155. After the storage of goods, merchandise, or property, as herein provided, the responsibility of the carrier ceases, nor is the person with whom the same is stored liable for any loss or damage on account thereof, unless the same results from his negligence or want of proper care.

SEC. 3156. When any commission merchant or warehouseman receives on consignment produce, merchandise, or other property, and makes advances thereon, either to the owner or for freight and charges, he may, if the same is not paid to him within sixty days from the date of such advances, cause the produce, merchandise, or property on which the advances were made, to be advertised and sold as provided herein.

SEC. 3157. The fees of officers under this Chapter are the same allowed for similar services in other cases provided in this Code, to be paid by the taker up or finder and recovered of the owner.

H

CHAPTER VII.

MARKS AND BRANDS.

ARTICLE I. MARKS AND BRANDS.

II. REGULATIONS RELATING TO MARKS AND BRANDS.