posting notices in at least three of the most public places in his town or precinct. [R. S. 1845, p. 229, § 14.

17. Docket - how proceeds of sale disposed of. § 17. Upon such sale being made, the justice shall enter a memorandum thereof in his docket, and after paying from the proceeds of such sale the cost thereof, all the costs advanced by the taker-up, and reasonable compensation for keeping such estray, the justice shall deposit the balance thereof with the county treasurer of his county and take his receipt therefor. [R. S. 1845, p. 229, § 14.

18. When owner may reclaim proceeds. § 18. If, at any time within three years from the time of paying such balance to the county treasurer, the owner of the estray shall appear and prove his ownership of the estray so sold, the treasurer shall pay over to such owner the amount so deposited with him, less five per cent. thereof, which shall be retained as fees for receiving and paying out such money, and take his receipt therefor. If he does not so appear and claim the same within that time, the money shall belong to the county. [R. S. 1845, p. 229, § 14.

19. Penalty for unlawfully taking up. $19. Whoever takes up any estray at any other place than about or upon his farm or place of residence, or without being qualified as required by this act, he shall forfeit and pay the sum of $10, with costs, recoverable in the name of the People of the State of Illinois, for the use of the county, before any justice of the peace of the county where the offense shall have been committed. [R. S. 1845, p. 230, § 16.

20. When estray dies or gets away. § 20. If any estray or estrays taken up, as aforesaid, shall die or get away before the owner shall claim his right, the taker-up shall not be liable for the same. [R. S. 1845, p. 230, § 16.

21. Water craft, rafts, etc.— proceedings on taking up. 21. Whoever shall hereafter stop or take up any keel or flatboat, ferry flat, batteau, pirogue, canoe, or other vessel or water craft, raft, timber, or plank, found adrift on any water course within the limits or upon the borders of this State, and the same shall be of the value of $5 or upward, shall, within five days thereafter (provided the same shall not before that time be proven and restored to the owner), go before some justice of the peace of the proper county, and make affidavit, in writing, setting forth the exact description of such vessel or craft, raft, timber or plank, when and where the same was found, whether any, and if so what cargo was found on board, and that the same has not been defaced or altered, either in whole or in part, since the taking up, either by him or by any other person, to his knowledge. [R. S. 1845, p. 230. § 17.

22. Appraisement. § 22. The justice shall, thereupon, issue his warrant, directed to some constable of his county, commanding him [*485] forthwith to summon three respectable householders in the neigh

borhood, if they cannot otherwise be had, whose duty it shall be, after being sworn by such justice, to proceed without delay to examine and appraise such water craft or other property and cargo, if any, and make report thereof, in writing, to the justice who issued such warrant, who shall enter such appraisement, together with the affidavit of the taker-up, at large in his estray book. [R. S. 1845, p. 230, § 17.

23. Certificate to county clerk. § 23. The justice shall also, within ten days after the return of the appraisement, make and transmit to the county clerk of his county a certificate, in like form as provided in this act in the case of estray animals, which shall be by him entered at large in his estray book and filed in his office, and copies thereof shall be by him published and posted in the same manner as in the case of estray animals. [See 13, R. S. 1845, p 230, $ 17, 18.

24. Sale when not reclaimed. § 24. In case the owner of such vessel or other water craft, raft, timber or plank does not appear within six months and claim the same, and pay charges and expenses, the takerup shall notify the justice of the peace before whom the proceedings were had, who shall proceed to sell such property at public vendue, after having given twenty days' public notice of such sale, by posting up notices in at least three of the most public places in his town or precinct. [R. S. 1845, p. 231, § 18.

25. Docket-how proceeds of sale disposed of. 25. Upon such sale being made, the justice shall enter a memorandum thereof in his docket, and after paying from the proceeds of the sale the costs thereof, all the costs advanced by the taker-up, and reasonable compensation for taking charge of and preserving said property, the justice shall deposit the balance thereof with the county treasurer of his county and take his receipt therefor.

26. Owner may reclaim procceds. $ 26. If at any time within three years from the time of paying such balance into the treasury, the owner of the property so sold shall appear and prove ownership thereof, the treasurer shall pay over to such owner the amount so deposited with him, less five per cent. thereof, which shall be retained as fees for receiving and paying out such money, and take his receipt therefor. If he does not so appear and claim the same within said time, the money shall belong to the county.

27. Lost goods, money, etc. § 27. If any person or persons shall hereafter find any lost goods, money, bank notes, or other choses in action, of any description whatever, of the value of $5 and upwards, it shall be the duty of such person or persons to inform the owner thereof, if known, and to make restitution of the same, without any compensation whatever, except the same shall be voluntarily given on the part of the owner; but if the owner be unknown, such person or persons shall, within five days after such finding as aforesaid, take such goods, money, bank notes or other choses in action before some justice of the peace of the proper county, and make affidavit of the description thereof, the time and place when and where the same was found, that no alteration has been made in the appearance thereof since the finding of the same, whereupon the justice shall enter a description of the property thus found and the value thereof as near as he can ascertain, in his estray book together with the affidavit of the finder, to be taken as aforesaid; and shall, also, within ten days after the said proceedings shall have been entered on his estray book as aforesaid, transmit to the county clerk a certified copy thereof, to be by him recorded in his estray book, and to file the same in his office. [R. S. 1827, p. 189, § 3.

28. Advertisement-disposition of goods, etc. § 28. In all cases where such lost goods, money, bank notes or other choses in action shall not exceed the sum of $15 in value, it shall be the duty of the finder to advertise the same on the door of the court-house, and in three other of the most public places in the county, and if no person shall appear to claim and prove such money, goods, bank notes [486] Sha or other choses in action, within twelve months from the time of such advertisement, the right to such property, where the same shall consist in goods, money or bank notes, shall be vested in the finder; but if the value thereof shall exceed the sum of $15, it shall be the duty of the county clerk, within twenty days from the time of the reception of the justice's said certificate at his office, to cause an advertisement to be set up on the court-house door, and in three other of the most public places in the county, and also a notice thereof to be published for three weeks successively in some public newspaper printed in this State; and if the said goods, money, bank notes, or other choses in action, be not reclaimed within six months after the advertisement thereof as aforesaid, it shall be the duty of the finder, if the property shall consist in money or bank notes, to deliver the same to the county treasurer, after deducting the necessary expenses, hereinafter provided for, if in bonds, bills, notes of hand, patents, deeds of conveyance, articles of apprenticeship, mortgages, or other instruments of value, the same shall be delivered to the county clerk, to be preserved in his office, for the benefit of the owner whenever legal application shall be made therefor; if in goods, wares or merchandise, the same shall be delivered to the sheriff of the county, who shall thereupon 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 sale; and the proceeds of all such sales, after deducting the costs and other expenses, shall be paid into the county treasury. [R. S. 1827, p. 189, 4.

29. When water craft, goods, etc., of less value than five dollars. § 29. In all cases where any vessel or water craft shall be taken up, or any goods, money, or bank notes, shall be found as aforesaid, which shall be of value of less than five dollars, it shall be the duty of the finder or taker-up to advertise the same, by setting up three advertisements in the most public places in the neighborhood; but in such case the taker-up or finder shall be required to keep and preserve the same in his or her possession, and shall make restitution thereof to the owner without fee or reward, except the same be given voluntarily, whenever legal application shall be made for the same: Provided, it be done within three months from the time of such taking up or finding ; but if no owner shall appear to reclaim such property, within the time aforesaid, the exclusive right to the same shall be vested in the finder or taker-up. [R. S. 1827, p. 189, $ 5.

GENERAL PROVISIONS.

30. Costs. 30. All costs of proceedings in the matter of an estray or other property taken up or property found, shall be paid by the taker-up or finder in the first instance, and if he is not repaid by the

owner of the property such costs shall be refunded to him out of the proceeds of the sale of such property. [R. S. 1845, p. 231, § 19.

31. Deposit. § 31. In all cases where the justice of the peace is required to certify the estray or other property taken up, or the property found, to the county clerk, the taker-up or finder shall, before or at the time of the return of the appraisement, deposit with the justice the amount of the county clerk's fees, including the cost of advertising, and the justice shall transmit such amount to said clerk at the same time that he transmits to him the certificate as required by this act.

32. When taker-up and owner do not agree. 32. Whenever the owner and the taker-up do not agree upon the amount of compensation to be paid to the taker-up either party may summon the other to appear before the justice, who shall have power to determine the matter between the parties and enter his judgment therein according to the right of the matter, and his judgment shall have the same force and effect as other judgments of justices of the peace.

33. Penalty against justice for failure to pay money, etc. $33. When any justice of the peace shall fail to pay any money for any estray or other property to be sold agreeably to this act, [*487] into the county treasury, within one month after selling such estray or estrays, such justice shall forfeit and pay the sum of $20, with costs, to be recovered by action of debt, before any justice of the peace of the county, or other court having jurisdiction thereof, the one-half for the use of the county, and the other half for the use of any person suing for the same; and, moreover, be liable to pay the price of such estray, with interest thereon. [R. S. 1845, p. 230, § 15.

34. Penalty against taker-up. § 34. If any person taking up any estray or other property, or finding any property, fails to comply with the requisitions of this chapter, [he] shall, for every such offense, forfeit and pay to the informer the sum of $10, with costs, recoverable before any justice of the county where such offense shall be committed; one-half to the use of the county and the other half to the use of the person suing for the same. [R. S. 1845, p. 230, $ 16.

35. Penalty for selling, etc., estray, etc. $ 35. Whoever shall sell, trade, destroy or in any way dispose of any estray or other property taken up as aforesaid, or any property found, or shall take or send the same out of this State, for any purpose whatever, before the sale thereof, as provided in this act, shall forfeit and pay double the value of such property, to be recovered in any court of competent jurisdiction, in the name of the owner, one-half for his benefit, and the other half to be paid into the county treasury for the benefit of the county. [R. S. 1845, p. 229, § 12.

[Higby v. People, 4 Scam. 166.

AN ACT in regard to evidence and depositions in civil cases. [Approved March 29. 1872. In force July 1, 1872. L. 1871-2, p. 405.]

1. Witnesses-competency and credibility of. SEC. 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That no person shall be disqualified as a witness in any civil action, suit or proceeding, except as hereinafter stated, by reason of his or her interest in the event thereof, as a party or otherwise, or by reason of his or her conviction of any crime; but such interest or conviction may be shown for the purpose of affecting the credibility of such witness; and the fact of such conviction may be proven like any fact not

46.

47.

48.

TITLE

49.

50.