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is to take place, then such copy shall be so furnished to the opposing party or his attorney, to allow a sufficient number of days, such opposing party to proceed by the usual route of travel to the county seat of the county where such real estate may be situated and return to the place of trial, in addition to the three days for preparation above provided for.

4403. The bond herein provided for may run during the continuance of said person or persons in said abstract business, not to exceed five years, and the county judge of the county where the bond herein provided for may be filed may at any time, upon complaint of any owner of real estate in his county, require such abstracter upon ten days' notice to give additional security upon said bond, and show cause why the same should not be declared invalid and the certificate thereof recalled and annulled; and if within such time the additional security to be approved by said county judge be not furnished, and no sufficient reason be shown to the judge why the same should not be required, then said bond shall be declared invalid, and the certificate thereof recalled and annulled.

4404. The abstracter or complainant may have an appeal to the district court from such decision of the judge by preserving the evidence taken at the hearing, which shall be certified up by such judge, and such appeal shall be summarily decided by the court upon such evidence, and the cost of such appeal, including the furnishing of said evidence, shall be adjudged against the defeated party.

Sec. 4405. “An act entitled 'An act providing for the record of certain papers and documents' in the county clerk's office and to make the same evidence." 1885, p. 298. In force March 5.

4405. Whenever any person referred to in the third section of the act of congress entitled "An act to provide for the location of certain confirmed land claims in the state of Missouri, and for other purposes," approved June 21, 1828 (11 Statutes at Large, 294 and 295), has had a private land claim which has not been located and satisfied, has died before making the entry therein authorized of public land, and his right so to do has been sold by order of the probate court of the county and state of his residence, and the entry of public lands in this state has been made by the purchaser or his grantee, and letters patent of the United States have issued to the original claimant or his legal representatives, it shall be competent for the owner of the land under the patentee to cause to be recorded in the book of deeds in the office of the county clerk of the county in which the land is situate, a copy of the proceedings of the said probate court upon which the right of the original claimant was sold as aforesaid, together with the proceedings of the several officers on said sale, which copy shall be duly certified by the clerk of said court or of any court which has succeeded to the jurisdiction of said probate court, and in which the records of said probate court are by law deposited, and the record so made in the county clerk's office shall be taken and held by all courts of this state as evideuce of the transfer of the right to make such entry in the land office, and of the title of the purchaser at said probate sale, and his grantees under the said sale to the lands patented as aforesaid, and a copy of the said record in the county clerk's office, certified by that officer, may be read in evidence with the like force and effect as the original papers.

Secs. 4406 and 4407. "An act to provide for the disposition of unclaimed lots entered in trust by corporate authorities. 1867, p. 94. In force June 24.

4406. That all persons who shall be or may become the owners of any equities of title in and to any town lot or lots or land within any incorporated town or city in this state, by virtue of which they shall be entitled to demand and receive from the corporate authorities a title in fee simple to the same, shall present their claims and make demand for their deed, within sixty days from the passage of this

act, in all those cases where the lot, lots, or lands have already been unclaimed for the period of two years; and in all cases of sites of corporate towns or cities which may be hereafter entered the property shall be claimed and the deed demanded within three years after such entry; Provided, That if any person shall neglect to comply with the terms of this act as aforesaid, the title in and to such realty shall vest in the corporation as fully, and to all intents and purposes, as though conveyed to said town or city by deed of general warranty.

4407. This act shall be construed to apply to rights acquired previous to the entry of the land; and in no case to rights of parties acquired by virtue of any tax sale.

CHAPTER 48.-SALVAGES.

Secs. 4408 to 4416. "An act regulating salvages." 1883, p. 285. In force June 1. 4408. When any boat, raft, lumber, staves, shingles, logs, rails, posts, cordwood, or other valuable timber shall be lost or wrecked upon any river or creek, any person may take up and secure the same.

4409. When any person shall claim such property and shall prove his right to the same before any justice of the peace of the county where said property was taken up, the same shall be restored to such owner upon payment to salvor of a premium of salvage equal to ten per centum of the valuation of such property, to be determined by such justice of the peace, if not agreed upon by such owner and salvor, and the legal costs of proceeding.

4410. When any person shall take up and secure any such property of less value than ten dollars, he may return and dispose of the same to his own use, provided the owner does not claim the same within ten days after the taking up of such property.

4411. When such property shall be of greater value than ten dollars, the justice of the peace shall, by warrant under his hand, direct any constable to sell the same at public vendue, giving ten days' notice, by three advertisements put up in public places in his precinct, of the time and place of sale.

4412. The owner, on proof of ownership before any justice of the peace, may have restitution of his property at any time before the sale is made, on payment of salvage and costs.

4413. If no claimant appears on or before the time of the sale, the justice shall allow to the taker-up his salvage according to this act, and the balance of said money, after paying the costs, shall be paid by said justice into the treasury, for the benefit of public schools of such county.

4414. When it may be necessary to ascertain the value of any property so taken, any justice of the peace of the proper county, on the application of any party concerned, may appoint three freeholders, who, being sworn, shall ascertain and assess the value of such property, and return their valuation to such justice.

4415. Within two days after the taking up and securing of any such wrecked property, the salvor shall make oath before a justice of the peace of the precinct in which such property is taken up or secured, that the property was lost or wrecked and in a perishable condition, and that he was not directly or indirectly instrumental in causing the property to be so wrecked or lost, and also the quantity, quality, and estimated value of such property, and the time and place of taking up, and that he has not disposed or secreted any part of the same. If such property be not claimed. and proved by the owner within ten days after the filing of such affidavit, such justice shall, on the application of such salvor, issue a warrant directed to any constable of said township, directing him to sell the same at public vendue, first giving ten days' notice, by three advertisements put in public places in his cinct, of the time and place of sale; and if such property be not claimed and proved by the owners, and the salvage and costs paid, then such property shall be sold and the proceeds shall be returned to such justice, who shall pay to the proper parties the salvage and costs of proceeding; and the remainder, if any, shall be paid into the county treasury for the benefit of public school fund of such county, unless the owner shall make proof of his right to the same within three months;

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Provided, If the name or initial of the owner of any log, toy, or other property, be plainly marked or branded thereon, then the salvor shall, in addition to the foregoing proceedings, also give notice to the owner, if known from such mark or brand.

4416. If any person shall retain, sell, or dispose of any such property wrecked, lost, or adrift, without complying with each and all of the requirements of this act, such person shall be deemed guilty of the larceny of such property, on conviction thereof shall be punished as for the unlawful taking, stealing, and carrying away of such property.

and

CHAPTER 49.-SEALS.

Seca. 4417 and 4418 formed ch. 49, R. S. 1866, p. 376.

4417. The use of private seals upon all deeds, mortgages, leases, bonds, and other instruments and contracts in writing is hereby abolished, and the addition of a private seal to any such instrument or contract in writing hereafter made shall not affect its equity or legality in any respect.

See 20, 137 (29 N. W., 308).

4418. All deeds, mortgages, or other instruments in writing, for the conveyance or incumbrance of real estate, or any interest therein, which have heretofore been executed, without the use of a private seal are, notwithstanding, hereby declared to be legal and valid in all courts of law and equity in this state and elsewhere.

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