Page images
PDF
EPUB

amount exceed two hundred dollars, notice thereof to be published too three weeks in a newspaper, if there be one printed in his county; value. and if the said money, goods, or choses in action, be not claimed in three months from the time of the said advertisement aforesaid, it shall be the duty of the finder, if it be in money, to deliver the same to the County Treasurer, after deducting the proper expenses herein- Disposition b after provided for. If it be in notes of hand, bonds, deeds of con- on by veyance, articles of apprenticeship, mortgages, or instruments of value, yo. the same shall be delivered to the Recorder of the county, to be preserved in his office for the benefit of the owner when legal application is made therefor: if in goods, wares, and merchandise, the same shall be delivered to the Sheriff of the proper county, who shall proceed to sell the same at public auction to the highest bidder for ready money, having first given ten days notice of the time and place of said sale; and all money arising from such sales, after deducting the costs and charges that may have accrued thereon, shall be paid into the County Treasury: Provided, that the proper owner may, within one year **** from the date of said sale, make satisfactory proof of his ownership before the County Court, and shall be entitled to draw on said treasury for the whole amount of said sale, after deducting all costs and legal charges. Sec. 4. In all cases where any water craft shall be taken up, or Yoo any goods, money, or choses in action, or other things shall be found out than as aforesaid, which shall be of a value less than ten dollars, it shall be the duty of the taker up to advertise the same, by setting up advertisements in three of the most public places in the county within five days of the taking up of the same, and in such case the taker up or finder shall be required to keep and preserve the same in his or their possession, and shall go before some Justice of the Peace, and make affidavit of the description thereof; the time and place, when and where the same was found; whereupon the justice shall enter the same on his estray book. The taker up or finder shall make restitu- or "y tion to the proper owner when legal application is made, and just compensation, with cost, is tendered: Provided, it be done within three months from the time of such taking and finding; but if no ... “ owner shall appear to claim such property within the time aforesaid, the exclusive right to the same shall be vested in the taker up or finder. Sec. 5. The net proceeds of all such sales as may at any time be Proceeds of made by the Sheriff in pursuance of this act, and all such money and goods, etc., sold. notes as may be paid over to the County Treasury, as directed in this

Restitution to owner.

Accident to property while in finder's custody.

Penalty for appropriating found property.

Penalty on finder not complying with this act.

act, shall remain in the hands of the Treasurer, in trust for the owner,
if any such shall apply within six months from the time the same
shall have been paid over; but if no owner shall appear within the
time aforesaid, the said money shall be considered as forfeited, and
the claim of the owner thereto for ever barred ; in which event the
money shall remain in the Treasury to be appropriated for county
purposes. -
SEc. 6. The owner of any such property as aforesaid, which at any
time may be taken up or found as aforesaid, shall have restitution of
the same, or the proceeds thereof, at any time before the same shall
have become vested in the taker up or finder, or forfeited as aforesaid,
by making the requisite proof before the Clerk of the County Court
of the proper county; who shall grant him a certificate of such proof
to the taker up, or finder, the Sheriff or Treasurer, as the case may
be, to make restitution thereof without delay; whereupon the money
or property, as aforesaid, shall be forthwith delivered or paid over to
such claimant. t
SEC. 7. If the taker up of any vessel or water craft, or the finder
of any lost goods, money, or other valuable things, shall be faithful
in taking care of the same, and unavoidable accident should happen
thereto, without the neglect of the taker up or finder, before the
owner shall have had an opportunity of reclaiming the same, such
taker up or finder shall not be answerable therefor: Provided, that
in all cases of accident, as aforesaid, it shall be the duty of the finder
or taker up, within ten days thereafter, to certify under his hand and
seal to the Clerk of the County Court of the proper county, or to the
magistrate before whom the proceedings have been had, where the
amount did not exceed ten dollars in value; said Clerk or Justice shall
enter the same in their estray book or record kept for that purpose.
If any person shall trade or carry away out of the limits of the
county such property as is or may be taken up or found, as aforesaid,
before he or she shall be vested in the right to the same, agreea-
bly to the provisions of this act, he or she so offending shall forfeit
and pay double the value thereof, to be recovered by any person who
is entitled to sue for the same, in any court, or before any Justice of
the Peace having cognizance thereof by action of debt, or upon the
case; one half whereof shall go to the person suing, the other half to
the county.
Sec. 8. If any person shall take up any boat or vessel, or shall find
any goods, money, or choses in action, and shall fail to comply with
the requisitions of this act, every such person so offending shall for.

feit, and pay fifty per cent. on the value of said property so neglected, to be recovered before any court having cognizance of the same; the one half to be for the use of the person suing, and one half for the county: Provided, that nothing herein contained shall prevent the owner from having and maintaining his action against such person for the recovery of any damages he or she may sustain. Sec. 9. In all cases where services shall be performed by any offi- Fees. cer or other person or persons under this act, the following fees shall be allowed, to wit: To the Justice of the Peace administering the oath and making out the affidavit of the taker up or finder, and making an entry thereof, two dollars; for making and transmitting a certified copy thereof to the Recorder of the county, three dollars; to the Clerk for taking proof of the ownership of the property, and granting a certificate of the same, two dollars; the Recorder, for each certificate transmitted to him from any Justice of the Peace as aforesaid, two dollars; for advertising, exclusive of the newspaper publieation, two dollars; the cost of each publication; to the Sheriff, on account of all sales made by him in pursuance of this act, ten per cent. on the amount of all sales; to the Constable, for each warrant served on any persons complained of in pursuance of this act, the usual fees for similar services. The fees authorized in this act and cost of advertisements shall be paid as soon as the articles found or taken up are sold or claimed. Sec. 10. Any person shall have the right at any time to search the Estray book may estray book of the Recorder of any county in the state for any in- searched. formation he or she may want in relation to property lost or estrayed; and also the estray book of any Justice of the Peace of a township of this state; and for such search, as aforesaid, the Clerk or Justice shall be entitled to one dollar to be paid by the person so applying. Fee for search. Sec. 11. If any person knowingly or willingly neglect or refuse to wilful neglect of - - - - - - - - - this act not becomply with the requisitions enjoined by this act (for which no fore provided for. penalty is hereinbefore provided), the person so offending shall, on conviction, forfeit and pay for every such offence, any sum not less than five dollars, nor more than one hundred dollars, together with all damages that may accrue by such neglect. In all cases where ... ." the fees for services rendered under this act are not provided for, p they shall be the same as provided by law for similar services. Sec. 12. Nothing contained in this act shall be construed to con- construction of flict with any provision contained in the act, entitled “An Act con. “

cerning Wrecks and Wrecked Property.”

CHAPTER XX.

AN ACT prescribing the duties, and firing the compensation of
County Surveyors. (1) — [Passed April 9, 1850.]

The People of the State of California, represented in Senate and
Assembly, do enact as follows:

o SECTION 1. Each County Surveyor, upon entering upon the duties of o" * his office, shall take and subscribe the oath of office, and give bond in the sum of five thousand dollars, in conformity with the provisions of the “Act concerning the official bonds of Officers.” (2) ..out SEC. 2. The County Surveyor may appoint such number of deputies eputies. as he may think proper, who shall severally take the oath of office, and for the faithful performance of whose duty he shall be responsible. {..., SEc. 3. The certificate of the County Surveyor or any of his depor "...I uties shall be admitted as legal evidence in any court in this state, evidence. but the same may be explained or rebutted by other evidence. No survey or re-survey hereafter made by any person except the County to: o Surveyor or his deputy, shall be considered legal evidence in any £on. court within this state, except such surveys as are made by the authority of the United States, or by mutual consent of the parties. County Surveyor Sec. 4. When it shall appear that the County Surveyor is interested interested, some . - - - - other person to in any tract of land, the title of which is in dispute before a court, be appointed. - - and a survey of which is necessary, the court shall direct the survey to be made by some capable and disinterested person, who shall be authorized to administer oaths in the same manner as the County Surveyor is directed to do, and shall return such survey, on oath or affirmation, and shall receive for his services the same fees as the County Surveyor would be entitled to for similar services. vacancis—how Sec. 5. During a vacancy in the office of County Surveyor of any supplied. - county, the Court of Sessions of such county may appoint some person to perform the duties of surveyor until such vacancy shall be

filled in the manner prescribed by law.

(1) Stat. 1851, page 417, Sec. 14.
Stat. 1852, page 43, Sec. 10 & 12.
(2) See page 97, Sec. 1.

Sec. 6. It shall be the duty of said surveyor, by himself or one of orveyor his deputies, to execute any survey that may be required by order of surveys. any court, or upon application of any individual or corporation.

Sec. 7. He shall keep a correct and fair record of all surveys or made by him or his deputies, in a book to be provided by the Court of *. Sessions for that purpose, which shall be transmitted to his successors in office; he shall also number such surveys progressively, and shall preserve a copy of the filed notes and calculations of each survey, endorsing thereon its proper number, a copy of which, and also a fair and accurate plot, together with the certificate of survey, shall be furnished by him to any person requiring the same, upon payment of the fees allowed by law.

Sec. 8. Any person owning or claiming lands which are divided ion" by county lines, and wishing to have the same surveyed, may apply county lines. to the surveyor of any county in which any part of such land is situated, and on such application being made, the surveyor is authorized and required to make the survey, which shall be as valid as though such lands were situated entirely within the county for which such

surveyor is chosen.

Sec. 9. When lands, the title of which is in dispute before any jo ** court, shall be divided by a county line, the court making an order o, wnere e

of survey, may direct the order to the surveyor of any county in dispute. which any part of such lands is situated. Sec. 10. In all surveys the courses shall be expressed according . to the true meridian, and the variation of the magnetic meridian orus from the true meridian shall be expressed on the plot, with the year, or “” month, and day of the survey. Sec. 11. The County Surveyor and his deputies may demand and ..o. receive for their services, the following fees, to wit: For the first populi. mile actually run with the compass and chain, ten dollars; for each succeeding mile thereafter, eight dollars; for each mile run with the compass alone, five dollars; for each copy of a plot and certificate, three dollars; for each lot laid out and plotted, in any city or town, five dollars; for recording a survey, two dollars; for calculating the quantity of every tract of land not divided, three dollars; for calculating the quantity of each division made in a tract of land, town lots excepted, three dollars; for travelling to the place of survey and returning, fifty cents for each mile. SEc. 12. If a party, for whom the survey is made, does not furnish chainmen and the chainmen and markers, the County Surveyor or his deputy may o “ employ the necessary chainmen and markers, and shall receive the

Courses to be

« PreviousContinue »