A creditor is not entitled to a lien for money paid out for the use of a debtor, although embraced in the same account with charges for services rendered. Stubbs v. Clarinda, C. S. & S. W. R. Co., 65–513.

LIEN ON GOODS FOR CHARGES-SALE.

3364. In what cases. 2177. Personal property transported by, or stored or left with any warehouseman, forwarding and commission merchant, or other depository, express company, or carriers, shall be subject to a lien for the just and lawful charges on the same, and for the transportation, advances and storage thereof. [13 G. A., ch. 178, 1.]

3365. Unclaimed goods. 2178. If any such property shall for six months remain in the possession, unclaimed, of any of the persons named in the preceding section, with the just and legal charges unpaid thereon, the person having the same in charge or possession shall first give notice to the owner or consignee, if his whereabouts is known, and if not known, shall go before the nearest justice of the peace and make affidavit, stating the time and place where such property was received, the marks or brands by which the same is designated, if any, and, if not, then such other descriptions as may best answer the purpose of indicating what the property is, and shall also state the probable value of the same, and to whom consigned; also the charges paid thereon, accompanied by the original receipt for such charges and by the bill of lading, also the other charges, if any, due and unpaid, and whether the whereabouts of the owner or consignee of such goods is known to the affiant, and if so, whether notice was first given to him as hereinbefore provided; which affidavit shall be filed by the said justice of the peace in his office, for the inspection of any one interested in the same, and he shall also enter in his estray book a statement of the contents of the affidavit, and time and place where and by whom the same was made. [Same, § 2.]

3366. Sale; notice. 2179. If such property still remain unclaimed, and the charges are not paid thereon, then the person in possession of the same, either by himself or his agent, where the probable value does not exceed one hundred dollars, shall advertise the same for sale for the period of fourteen days, by posting five notices in five of the most public places in the city or locality where said property is held, giving such description as will indicate what is to be sold; but when the goods exceed the probable value of one hundred dollars, then the length of notice shall be four weeks, and in addition to the five notices posted, there shall be a publication of the notice of sale for the same length of time in some newspaper of general circulation in the locality where the property is held, if there be one, and if not, then the next nearest newspaper published in that neighborhood, at the end of which period, if the property is still unclaimed, or charges unpaid, the agent or party in charge shall sell the same at public auction, between the hours of ten o'clock A. M. and four o'clock P. M., for the highest price the same will bring in cash, which sale may be continued from day to day by public announcement to that effect at the time of adjournment until all the property is sold, and from the proceeds of such sale, the said party who held the same shall take and appropriate a sufficient sum to pay all charges thereon, and all costs and expenses of sale; the cost of advertising to be no more than in the case of a constable or sheriff's sale, and the same to be conducted in a similar manner. [Same, § 3.]

3367. Sale of perishable goods. 2180. Fruit, fresh fish, oysters, game, and other perishable property, shall be retained twenty-four hours, and if not claimed within that time and charges paid, after the proper affidavit is made as required by section twenty-one hundred and seventy-eight of this chapter [§ 3365], may be sold either at public or private sale, in the discretion of the party holding the property, for the highest price that the same will bring, and the proceeds of the sale disposed of as above provided. But in both cases, if the owner or consignee of said unclaimed property shall reside in the same city, town or locality in which the same shall be, and shall be known to the agent or party having the same in charge, then personal notice shall be given to said owner or consignee, in writing, that said goods are held subject to his order, on payment of charges, and that unless he pays said charges, and removes the property, the same will be sold as provided by law. [Same, § 4.]

3368. Disposition of proceeds. 2181. After the charges due and unpaid on the property, and the expenses and costs of sale have been taken out of the proceeds, the excess in the hands of the agent or person who was in charge thereof, shall be by him forthwith deposited with the county treasurer of the county where the goods were sold, subject to the order of the owner, said ownership being properly authenticated under oath, and such person shall take from such treasurer a receipt for such money, and deposit the same with the county auditor. He shall also file with the county treasurer a schedule of the property, with the name of the consignee or owner, if known, of each piece of property sold, the sum realized from the sale of each separate package, describing the same, together with a copy of the advertisement as herein before provided, and a full statement of the receipts of the sale, and the amount disbursed to pay charges, costs, and expenses of sale, all of which shall be under the oath of the party or his agent, which schedule, statement, oath, and advertisement shall all be filed and preserved in the treasurer's office, for the inspection of any one interested in the same. [Same, 5.]

3369. Duty of treasurer. 2182. Should the owner of the property sold not make a demand upon the county treasurer for any money that may be in the treasury to his credit, according to the provisions of this chapter, the sum so unclaimed shall be accounted for by the county treasurer, and placed to the credit of the county in the next subsequent settlement made by the treasurer with the county; and should the money, or any part thereof, remain unclaimed during the period of one year, it shall then be paid into the school fund, to be distributed as other funds may be by law, which may be raised by tax on other property of the county. But nothing herein contained shall be a bar to any legal claimant from prosecuting and proving his claim for such money at any time within ten years, and, the claim being within that period prosecuted and proved, it shall be paid out of the county treasury in which it was originally placed without interest. [Same, § 6.]

LIABILITY AS COMMON CARRIERS.

3370. For damages to baggage. 2183. The proprietors of all omnibuses, transfer companies, or other common carriers, doing business within the limits of this state, and their agents, shall be liable for damages occa

sioned to baggage or other property belonging to travelers, through carelessness or negligent handling while in possession of said companies or carriers. And in addition to the damages recoverable therefor, the parties recovering the same shall also be entitled to an allowance of not less than five dollars for every day's detention caused thereby or by a suit brought to recover the same. [13 G. A., ch. 165.]

This section gives a remedy for damages to baggage, and for detention caused thereby. It does not authorize a recovery on account of detention of baggage or failure to deliver the same, nor for detention of the traveler unless it be on account of damages done to baggage. Anderson v. Toledo, W. & W. R. Co., 32-86.

3371. Cannot limit liability. 2184. No contract, receipt, rule, or regulation shall exempt any corporation or person engaged in transporting persons for hire from the liability of a common carrier, or carrier of passengers, which would exist had no contract, receipt, rule or regulation been made and entered into. [11 G. A., ch. 113.]

See, also, § 2007, applicable to railroads.

PLACE OF BRINGING ACTION AGAINST.

3787. In county through which line passes. 2582. Actions may be brought against railway corporations, the owners of mail stages, or other line of coaches or cars, including express companies, car companies, telegraph and canal companies, and the lessees, companies or persons operating the same, in any county through which the line or road thereof passes, or is operated. [9 G. A., ch. 169, § 8; 12 G. A., ch. 172, 2; 14 G. A., ch. 95, 1.]

A railway company has a residence in any county through which its road passes and in which it transacts business. Baldwin v. Mississippi & M. R. Co., 5-518; Richardson v. Burlington & M. R. R. Co., 8-260.

A railway company doing business in the state, so that action might be commenced against it as here provided cannot claim advantage of the provisions of the statute of limitations as to non-residents. See notes to % 3738. An action against a foreign railway corporation not operating a line of railway nor having any office in the state cannot be brought in the state on a cause of action arising out of business not transacted within the state by means of service of notice on an agent found within the state. Elgin Canning Co. v. Atchison, T. & S. F. R. Co., 24 Fed. Rep., 866.

Bringing cars within the state with a patent air brake for purposes of exhibition does not authorize service upon the foreign corporation owning such cars. Carpenter v. Westinghouse Air Brake Co., 32 Fed. Rep., 434.

Corporations operating railways within the state are subject to the jurisdiction of our courts the same as any person resident within the state. Mooney v. Union Pacific R. Co., 60-346.

The provisions as to telegraph companies is applicable to telephone companies, and authorizes the bringing of action against such a company before a justice of the peace in any county through which the line of the company passes or is operated. Franklin v. Northwestern Telephone Co., 69-97.

This section is not restrictive, but designed to give additional facilities for bringing action against the parties named therein. It is not intended that property of non-resident corporations shall be exempt from judicial process in any case where property of other non-resident debtors could be taken. Weyand v. Atchison, T. & S. F., 75-573.

3788. Construction companies. 2583. An action may be brought

against any corporation, company, or person, engaged in the construction of a railway, telegraph line, or canal, on any contract relating thereto, or to any part thereof, or for damages in any manner growing out of the work thereon, in any county where such contract was made, or performed in whole or in part, or where the work was done out of which arose the damage claimed. [14 G. A., ch. 95, 1.]

Under this section, held, that where an action was brought by a subcontractor entitled to a mechanic's lien against the contractor for the construction of a railway on an agreement to pay the amount of such lien, such action was properly brought in the county through which the road was being constructed, and could not be removed, on the application of defendant, to the county of his residence. Vaughn v. Smith, 58-553.

The facts showing that the contract has been performed or the work done in the county in which suit is brought may be established by affidavit on the hearing of the motion, if defendant seeks to change the place of trial to the county of his residence. Jordan v. Kavanaugh, 63-152.

On motion for change of venue the question as to plaintiff's right of recovery against a portion of defendants cannot be raised, fas such a question must be determined upon demurrer. Ibid.

3790. In county of office or agency. 2585. When a corporation, company, or individual, has an office or agency in any county for the transaction of business, any suits growing out of or connected with the business of that office or agency may be brought in the county where such office or agency is located. [R., 2801; C., '51, 1705.]

These provisions are permissive and not mandatory, and the suit, if against a non-resident, may be brought in the usual manner of commencing actions against non-residents. Dean v. White, 5–266.

This section merely fixes the county in which suit shall be brought; it does not define the manner in which jurisdiction over the person is to be acquired. Centennial Mut. L. Ass'n v. Walker, 50–75.

One who accepts the benefits of a sale by a person claiming to act as his agent, or who accepts the benefits of a proposition made through and forwarded by him, thereby ratifies the transaction, so that an action arising therefrom may be brought in the county of such agency. Milligan v. Davis,

49-126.

A certain method of doing business between a firm and defendant, held such as to constitute the firm agents for defendant, and authorize an action against defendant growing out of the business of such agency to be brought in the county where the agency was located. Ibid.

An action by the agent against the principal for services as agent is connected with the business of the agency in such sense that suit against the principal may be brought in the county of such agency. Ockerson v. Burnham, 63-570.

The section does not limit the right to commence a suit in the county where the agency is located to the time during which the agency exists. Ibid.

This provision is also applicable to suits against a partnership brought in a justice's court, and the partnership may be considered a resident of the county in which the business is transacted although none of its members are residents of such county. Fitzgerald v. Grimmell, 64-261.

The office or agency referred to is one established for the purpose of carrying on the business for which the corporation is organized. A foreign corporation does not subject itself to suit here by sending here an agent to advertise, make contracts, etc. Carpenter v. Westinghouse Air Brake Co., 32 Fed. Rep., 434.

An attachment against a foreign railway corporation may be made in a

court of this state, acquiring jurisdiction by attachment against the property of such corporation within this state. Weyand v. Atchison, T. & S. F.,

75-573.

SERVICE OF NOTICE OF ACTION.

3816. On agent. 2611. If the action is against any corporation, or person owning or operating any railway, telegraph line, canal, stages, coaches, or cars, or any express company, service may be made upon any general agent of such corporation, or person, wherever found, or upon any station, ticket, or other agent of such corporation, or person transacting the business thereof in the county where the suit is brought; if there is no such agent in said county, then service may be had upon an agent thereof transacting said business in any other county. [C., '51, 1727; 14 G. A., ch. 95, % 4.]

Service upon the trackmaster of a railroad, held not sufficient to constitute service upon the company. Richardson v. Burlington & M. R. R. Co., 8-260. A railway corporation not operating a line of railway within the state, and not having any office or agency within the state, out of the business of which the cause of the action arises, is not within the jurisdiction of the state or federal courts of Iowa, and a service upon one of its agents who may be found within the state will not confer jurisdiction. Elgin Canning Co. v. Atchinson, etc., R. Co., 24 Fed. Rep., 866.

A foreign corporation doing business in the state in such way that it may be served with notice under statutory provisions cannot be deemed a nonresident in such sense that the statute of limitations will not run in its favor. Wall v. Chicago & N. W. R. Co., 69-498.

INJUNCTION.

4627. To stop operation; notice. 3391. An injunction to stop the general and ordinry business of a corporation, or the operations of a railway, or of a municipal corporation, or the erection of any building or other work, or the board of supervisors of any county, or to restrain a nuisance, can only be granted upon reasonable notice of the time and place of the application to the party to be enjoined.

Section applied. District T'p v. Barrett, 47-110.

This section held not applicable where one district township sought to restrain another from removing school-houses from the territory of the former. District T'p v. District T'p, 54-115.

INTERFERENCE WITH OPERATION OF TRAINS.

5202. Shooting or throwing at train. 16 G. A., ch. 148, 1. If any person shall throw any stone, or other substance of any nature whatever, or shall present or discharge any gun, pistol, or other fire-arm at any railroad train, car, or locomotive engine he shall be deemed guilty of a misdemeanor and be punished accordingly.

5203. Jumping upon or off cars in motion. 16 G. A., ch. 148, 2. If any person not employed thereon, or not an officer of the law in the discharge of his duty, without the consent of the person having the same in charge, shall get upon, or off, any locomotive engine, or car of any railroad company while said engine or car is in motion, or elsewhere than the established depots of such company, or who shall get upon, cling to, or otherwise attach himself to any such engine or car, for the purpose of riding upon the