TITLE C.

LOST PROPERTY.

1. DUTY of the finder of lost goods, and stray beasts. 2. The seasons of the year at which beasts may be taken up as strays.

3. Restitution of the property to the owner: and proceedings, when the owner does not appear within a year and a day.

4. Duty of town clerks and registers of deeds, relative to lost goods and stray beasts; and the penalty for neglect of such duty.

5. Penalty for the finder's neglect of duty enjoined by the statute.

6. Penalty in case the owner, or other person, unlawfully interferes with stray beasts, after they are found.

Goods found...of what

To whom.

Fees of the town

the same.

I. Duty of the finder of losts goods, and stray beasts. By statute it is enacted, that whosoever shall find any Stat. 1788, c. 55, s. 1. money or goods lost, of the value of six shillings, or upwards, whereof the owner is unknown, the finder shall, value...notice how given... within ten days next following, at farthest, give notice thereof in writing, unto the clerk of the town in which they are found, and pay him one shilling and sixpence for making an entry thereof, in a book to be kept for that clerk for entry of purpose, and for procuring the same to be recorded with the register of deeds for the same county, as is by the act directed and the finder shall also cause a notification thereof, to be posted up in some public place, within the posted. same town, and shall also cause the same to be publicly cried therein, on three several days, provided there shall be any public crier in said town; and if the money or goods, so found, be of the value of forty shillings, or up wards, then to be cried as aforesaid, and notice thereof

Notification to be

Property to be cried.

Proceedings where

the property amounts

to 40s. or more.

Ibid. s. 3.

Stray beasts, how to he proceeded with,

Warrant of appraise

ment.

Ibid. s. 6.

Fbid, s. 3.

to be posted up in like manner, in the same and the two next adjoining towns, within one month next after such finding.

The same statute has further enacted, that every person who shall find and take up any stray beast, shall cause the same to be entered, with the colour and marks, natural and artificial, and also to be posted up and cried in manner and time as aforesaid; and likewise, within ten days, put, and from time to time keep, a withe about the neck of such stray beast, (sheep only excepted from being withed,) on pain of losing all his charges about it afterwards and such finder of lost goods or stray beast, shall also, within two months, and before any use or improvement thereof is made to its disadvantage, procure from the town-clerk, or a justice of the peace, a warrant directed to two such disinterested judicious persons as the clerk or justice shall appoint, returnable into the town-clerk's office in seven days from the date, to apprise and value the goods or stray beast upon oath, at the true value thereof in money, according to their best judgment, and to administer an oath unto them for that purpose accordingly, which warrant and oath, the clerk and justice are respectively authorised to issue and administer.

II. The seasons of the year at which beasts may be taken up as strays.

No person from the fifteenth day of April, to the first day of November, shall take up any horse, gelding, mare, or other beast as a stray, unless such beast be taken up damage feasant in some inclosure, and impounded for that, or some other sufficient cause.

III. Restitution of the property to the owner: and proceedings, when the owner does not appear with a year and a day.

If the owner of any such lost money, goods, or stray beast, appear within one year and a day next after such

notice of the finding given, to the town-clerk as aforesaid, and make out his right and title thereunto, he shall have restitution of the same, or the full value thereof, allowing and paying three pence for each time it was cried, and the money paid for entering the same as aforesaid, together with such necessary charges as shall have arisen in keeping, notifying, appraising, and necessary travel respecting the business, to be liquidated and adjusted by some justice of the peace of the same county, in case of disagreement between the owner and finder: and if no owner appear within one year and a day as aforesaid, then such strays, lost money, or goods, shall be and remain to the finder, he paying one half the value thereof, (all necessary charges being first deducted,) according to appraisement, unto the treasurer of such town, for the use of the poor thereof, and to be recovered by the town treasurer, (upon neglect or refusal to pay the same,) as in other cases.

IV. Duty of town-clerks and registers of deeds, relative to lost goods and stray beasts; and the penalty for neglect of such duty.

The same statute has further enacted, that the townclerk shall, once every two months, transmit to the register of deeds in the county where he lives, an authentic copy under his hand, of all entries that shall be made with him, of lost money, goods, or strays, excepting all such lost goods, or strays, as shall be delivered to the owner thereof, within the said two months, and shall pay to the register six pence for each copy of an entry transmitted to him as aforesaid; and the register shall keep a book, wherein he shall record all entries transmitted by the town-clerk as aforesaid, and give out copies of the same when desired, at the price of six pence for each copy, and for searching such record, shall be allowed two pence, and no more. And if any town-clerk or register shall fail of doing his duty, as is provided and directed,

Ibid. s. 4.

Registers' fees.

Forfeiture for neglect of duty.

Ibid. s. 5.

Ibid.

their respective fees being paid, or tendered unto them; he shall for every such neglect, forfeit and pay the sum of forty shillings, one half to the use of the county, and the other half to him or them that will prosecute and sue therefor.

V. Penalty for the finder's neglect of duty enjoined by the statute.

If any finder of any lost goods, money, or stray beast, of the value of six shillings, or upwards, shall neglect to cause the same to be entered, cried, or posted up, in manner and time, as before directed, or to withe such stray beast, he shall forfeit and pay the full value of such goods, money, or stray beast, one half to the use of the county, and the other half to him or them that will prosecute and sue for the same.

VI. Penalty in case the owner, or other person, unlawfully interferes with stray beasts, after they are found.

The same statute has further enacted, that if the owner of any stray beast, or other person, shall take off the withe from the same, or take away such stray beast before all necessary charges arisen, for entering, crying, notifying, keeping, and appraising thereof be defrayed, such person so offending, shall forfeit and pay unto the finder of such stray beast, the full value of the same.

TITLE CI.

LOTTERIES.

1. PENALTY for setting up an unauthorized lottery. 2. Penalty for aiding or assisting in such lottery.

3. Penalty for selling, giving, buying or receiving such tickets.

4. Recovery of money paid for such tickets; and contracts made, in consideration of such tickets, void.

5. Recovery of penalties.

I. Penalty for setting up an unauthorized lottery.

By statute 1785, c. 24, s. 1, if any person shall undertake, or set up any lottery for money, or expose to sale, or dispose of any estate, real or personal, by way of lottery, within this government, whether the estate, so proposed to be disposed of, be in this commonwealth, or any other place, every person, so offending, shall forfeit and pay the sum of two hundred pounds. Provided, nevertheless, that nothing in the act shall be construed to extend to any lottery, or the tickets of any lottery, established, permitted or allowed, or that may be established or allowed by the legislature of this state, or of any of the United States, or by the United States, in congress assembled.

II. Penalty for aiding or assisting in such lottery.

By statute 1785, c. 24, s. 2, if any person or persons shall be aiding or assisting in any such lottery, by printing, writing, or in any other manner publishing an account thereof, or where the tickets may be had, every such person shall forfeit and pay the sum of one hundred pounds.