notice of sale.

sioner.

immediate notice thereof to a justice of the peace or a commissioner of highways of the town, city, or village in which such seizure and possession shall have been taken, and such justice or Commissioner's commissioner shall thereupon give notice by affixing the same in six public and conspicuous places in said town, city, or village, one of which shall be the district school-house nearest the residence of such justice or commissioner, that such animal or animals will be sold at public auction, at some convenient place in said town, city, or village, not less than thirty nor more than sixty days from the time of the affixing of such notice, to be specified in such notice. The same justice or commissioner shall proceed to sell the said animals for cash, and out of the proceeds thereof shall, in the first place, retain the following fees and charges for his services in giving said notice and making such sale, viz: For every horse sold, Fees of commis. One dollar; for every cow or calf, or other cattle, one half-dollar; and for every sheep or swine, twenty-five cents; and shall then pay to the person who shall have seized the said animal or animals the sum following, that is to say: For every horse so seized or sold, one dollar; for every cow or calf or other cattle, one half-dollar; and for every sheep, ten cents; for every swine, twenty-five cents; together with a reasonable compensation, to be estimated by such justice or commissioner, for the care and keeping of said animal or animals, from the time of the seizure thereof to the time of sale. Disposal of sur- If there shall be any surplus money arising from said sale, the said claimed within justice or commissioner shall retain the same in his hands, and pay the same to the owner or owners of said animals, after a reasonable demand therefor and satisfactory proof of such ownership: Provided, Such owner or owners shall appear and claim such surplus moneys within one year after sale. And if the owner or owners of If not claimed. such animal or animals shall not appear and demand such surplus moneys within one year after such sale has been made, he shall be forever precluded from recovering any part of such moneys, and the same shall be paid to the treasurer of the town for the use of the town, and his receipt therefor shall be a legal discharge to said justice or commissioner: Provided, That any animal sold in pursuance of this act may be redeemed any time within the year following such sale, by paying the expenses of such custody and sale, and a reasonable compensation for keeping the same.

plus money if

one year.

Proviso.

Proviso.

(2031.) SEC. 5. Any owner of any animal which shall have been seized under and pursuant to the foregoing provisions, may, at any time before the sale thereof, demand and shall be entitled to the possession of such animal, upon the payment by him of the several

sums herein before required to be paid to the said justice or commissioner, and to the person by whom the seizure aforesaid shall have been made, together with a reasonable compensation to the person making such seizure, for the care and keeping of such animal, to be estimated and fixed by such justice or commissioner, and upon making to such justice or commissioner satisfactory proof of ownership. And if such owner shall make such demand Demand within and proof at least three days before the time appointed for such sale. sale, he shall be entitled to the custody and possession of such animal, upon paying one-half of the several sums above mentioned, together with the whole amount of compensation awarded by the said justice or commissioner.

three days of

not liable for

(2032.) SEC. 6. In case the animal so seized under the foregoing When owner is provisions of this act, shall have been so running at large or tres- fees. passing by the willful act of any other person than the owner, to effect that object, such owner shall be entitled to the possession. of such animal by making the demand therefor and the proof required in the next preceding section, and paying to the person making such a seizure the amount of compensation fixed by such justice or commissioner, for the care and keeping of such animal, and without paying any other charges; and the person committing Penalty for willsuch willful act shall be liable to a penalty of twenty dollars, to be fal acts of other recovered in an action at law at the suit of the owner of such animal, or the person making such seizure.

(2033.) SEC. 7. All acts or parts of acts inconsistent herewith are hereby repealed.

(2034.) SEC. 8. This act shall not apply to that portion of this State lying north of the tier of townships twelve north, unless so ordered by the board of supervisors of any county lying north of said tier of towns.

parties.

Territorial

limit.

An Act to prevent the running at large of bulls, stallions, boars, and rams.

[Approved March 20, 1867. Laws of 1867, p. 98.]

(2035.) SECTION 1. The People of the State of Michigan enact, Penalty. That if the owner of any bull, stallion, boar, or ram shall, allow the same to go at large out of his inclosure, he shall forfeit the sum of five dollars for such offense, to be recovered on complaint before any justice of the peace of the county in which such owner may live, and twice that amount on any subsequent conviction: Provided, That such complaint shall be prosecuted within thirty Proviso. days next after such animal shall be found at large as aforesaid.

Additional penalty.

(2036.) SEC. 2. In addition to the penalty prescribed in the foregoing section, the owner of said bull, stallion, boar, or ram thus found going at large, shall be liable to the owner of any cow, mare, sheep, or swine, for any and all damages arising from the going at large of such animals as aforesaid, to be recovered on any suit brought before any court of competent jurisdiction.

CHAPTER LX.

THE DISPOSITION OF UNCLAIMED

PROPERTY IN

CERTAIN CASES.

Description and date or reccp

to be entered in

1889, p. 112. 1840, p. 185.

Chapter one hundred and twenty-seven of Revised Statutes of 1816.

(2037.) SECTION 1. Whenever any personal property shall be tion of property consigned to or deposited with any forwarding merchant, wharfcertain cases. keeper, warehouse-keeper, tavern-keeper, or the keeper of any depot for the reception and storage of trunks, baggage, and other personal property, such consignee or bailee shall immediately cause to be entered in a book to be provided and kept by him for that purpose, a description of such property, with the date of the reception thereof.

When notice to

be given to

(2038.) SEC. 2. If such property shall not have been left with owner by letter. Such consignee or bailee for the purpose of being forwarded or otherwise disposed of according to directions received by such consignee or bailee, at or before the time of the reception thereof, and the name and residence of the owner of such property be known or ascertained, the person having such property in his custody shall immediately notify such owner by letter, to be directed to him, and deposited in a postoffice, to be transmitted by mail, of the reception of such property.

and how to be

(2039.) SEC. 3. In case any such property shall remain unclaimed Notice, when for three months after its reception as aforesaid, the person having published. possession thereof shall cause a notice to be published once in each week for four successive weeks in a newspaper published in the same county, if there be one, and if not, then in some paper published at the seat of government, describing such property, and specifying the time when it was so received, and stating that unless such property shall be claimed within three months from the first publication of such notice, and the lawful charges thereon paid, the same will be sold according to the statute in such case made and provided.

property remain

Inventory and when to be made

(2040.) SEC. 4. In case the owner or person entitled to such Proceedings if property shall not, within three months after the first publication unclaimed. of such notice, claim such property and pay the lawful charges thereon, including the expense of such publication, the person having possession of the property, his agent or attorney, may make and deliver to any justice of the peace of the same county, an affidavit, setting forth a description of the property remaining unclaimed, the time of its reception, the publication of the notice, and whether the owner of such property be known or unknown. (2041.) SEc. 5. Upon the delivery to him of such affidavit, the justice shall cause such property to be opened and examined in his presence, and a true inventory thereof to be made, and shall make and annex to such inventory an order under his hand, that the property therein described be sold by any constable of the city or township where the same shall be, at public action, upon due notice. (2042.) SEC. 6. It shall be the duty of the constable receiving Constable to such inventory and order, to give ten days' notice of the sale, by sell property. posting up written notices thereof in three public places in the city or township, and to sell such property at public auction, for the highest price he can obtain therefor.

order for sale,

by justice.

give notice and

stable.

(2043.) SEC. 7. Upon completing the sale, the constable making Return of onthe same shall indorse upon the order aforesaid a return of his proceedings upon such order, and deliver the same to such justice, together with the inventory, and the proceeds of the sale, after deducting his fees, which shall be the same as upon an execution.

(2044.) SEC. 8. From the proceeds of such sale, the justice shall Disposition of pay the charges and expenses legally incurred in respect to such proceeds, etc. property, or a ratable proportion to each claimant, if there be not sufficient for the payment of the whole; and such justice shall ascertain and determine the amount of such charges in a summary

Inventory, etc., to be delivered

urer.

manner, and shall be entitled to one dollar for each day's services rendered by him in such proceedings.

(2045.) SEC. 9. Such justice shall deliver to the treasurer of the to county treas county in which the property was sold, the affidavit, inventory, and order of sale, and return herein before mentioned, together with a statement of the charges and expenses incurred in respect to such property, as ascertained and paid by him, with a statement of his own fees, and shall at the same time pay over to such treasurer any balance of the proceeds of the sale, remaining after payment of such charges, expenses, and fees.

Entry, etc., to be made by treas

urer.

When owner may receive

ed with treas

urer.

(2046.) SEC. 10. The treasurer shall file in his office and safely keep all the papers so delivered to him, and make a proper entry of the payment to him of all moneys arising from such sale, in the books of his office.

(2047.) SEC. 11. If the owner of the property sold, or his legal amount deposit representatives, shall, at any time within five years after such moneys shall be deposited in the county treasury, furnish satisfactory evidence to the treasurer of the ownership of such property, he or they shall be entitled to receive from such treasurer the amount so deposited with him.

If amount not

paid to owner, to

State Treasury.

(2048.) SEC. 12. If the amount so deposited with any county be paid into the treasurer shall not be paid to such owner or his legal representatives within the said five years, such county treasurer shall pay such amount into the State Treasury, to the credit of the general fund.