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exceeding $200 value.

amount exceed two hundred dollars, notice thereof to be published Goods etc three weeks in a newspaper, if there be one printed in his county; 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 hérein

Disposition by after provided for. If it be in notes of hand, bonds, deeds of con- finder of veyance, articles of apprenticeship, mortgages, or instruments of value, goods, etc. 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

Right of owner. 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 any goods, money, or choses in action, or other things shall be found less value 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- Owner may 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 Property vested 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

goods, etc., sold. made by the Sheriff in pursuance of this act, and all such money and notes as may be paid over to the County Treasury, as directed in this

up, or

Water craft or goods found of

$10.

claim.

in finder.

Restitution to owner.

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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. Accident to pro

Sec. 7. If the taker up of any vessel or water craft, or the finder perty while in finder's custody. 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. Penalty for

If any person shall trade or carry away out of the limits of the appropriating found property. 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. Penalty on finder Sec. 8. If any person shall take up any boat or vessel, or shall find not complying

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

with this act.

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 publication, 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

information 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 comply 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 Fees not before

provided for. the fees for services rendered under this act are not provided for, 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 concerning Wrecks and Wrecked Property."

be searched.

the act.

CHAPTER XX.

AN ACT prescribing the duties, and fixing 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:

County Surveyors to take oath and give bonds.

Certificate of

evidence.

evidence

Sectioș 1. Each County Surveyor, upon entering upon the duties of 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) May appoint Sec. 2. The County Surveyor may appoint such number of deputies deputies.

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 depCounty Surveyor, or Deputy, legal' uties shall be admitted as legal evidence in any court in this state,

but the same may be explained or rebutted by other evidence. No

survey or re-survey hereafter made by any person except the County Surveys by other Surveyor or his deputy, shall be considered legal evidence in any

court within this state, except such surveys as are made by the Exception.

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

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. Vacancies-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.

other person to

(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 Duty of surveyor 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 of all surveys, made by him or his deputies, in a book to be provided by the Court of etc. 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 Survey of lands 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 Survey of lands court, shall be divided by a county line, the court making an order county line, 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 acerirding to true from the true meridian shall be expressed on the plot, with the year, month, and day of the survey.

Sec. 11. The County Surveyor and his deputies may demand and Fees to County receive for their services, the following fees, to wit: For the first Deputies. 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 employed employ the necessary chainmen and markers, and shall receive the

where title in

Courses to be expressed

Variations to be marked.

markers may be

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