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SEC. 15. He may make the necessary repairs to Repairs to buildings, but shall make no alteration in the form, buildings. or structure thereof.

SEC. 16. He may use and improve the lands, in the Use of lands, ordinary course of husbandry, and shall be entitled and right to to the crops growing thereon at the expiration of his crops. said right of possession

SEC. 17. He may apply any wood, or timber, on Timber, fences such lands, to the necessary repair of fences, and, if and fire wood. said premises be actually occupied by him, he may

take the necessary fire wood for the use of his

family.

SEC. 18. If, however, in either of the cases men- Quality of timtioned, in the three last sections, he should employ ber, and its aptimber, of a quality vastly superior to that required plication. by the occasion, he shall be deemed to have com

mitted waste.

APPROVED, January 21, 1839.

WATER CRAFTS, LOST GOODS, AND
ESTRAYS.

AN ACT concerning water crafts found adrift, lost goods, and estray

animals.

SEC. 1. Be it enacted by the Council and House of Representatives of the Territory of Iowa, That if any Drifting water person, or persons, shall hereafter stop, or take up, craft, where taany keel, or flat boat, ferry flat, batteau, pierogue, ken up canoe, or other vessel, or water craft, found adrift, on any water course within the limits, or upon the borders of this Territory, and the same shall be of the value of five dollars, or upwards, including her Value 85 00. cargo, tackle, rigging, and other appendages, it shall be the duty of such person, or persons, within five days thereafter, (provided the same shall not have been previously proven and restored to the owner), to go before some justice of the peace, of the proper county, and make affidavit, in writing, setting forth Affidavit, bethe exact description of such vessel, or water craft, fore whom where, and when the same was found, whether any, shall be set and if so, what cargo, tackle, rigging, or other ap- forth therein. pendages, was found on board, or attached thereto, and that the same has not been altered, or defaced, either in the whole, or in part, since the taking up, either by him, her, or them, or by any other person, or persons, to his, her, or their knowledge, and the

made, and what

and its requirements.

and report.

Justice shall is said justice shall, thereupon, issue his warrant, sue his war- directed to some constable of his township, or district, rant, to whom, commanding him forthwith to summon three respectable householders of the neighborhood, if they cannot otherwise be had, whose duty it shall be to Appraisment, proceed, without delay, to examine and appraise such boat, or vessel, her cargo, or tackle, rigging, and all other appendages, as aforesaid, and to make report thereof, under their hands and seals, to the justice issuing such warrant, as aforesaid, who shall enter the same, together with the affidavit of the taker up, at large, in his estray book, and it shall be the further duty of such justice, within ten days after the said. proceedings, proceedings shall have been entered on his estray how, when, and book, aforesaid, to transmit a certified copy thereof fied, and by to the clerk of the board of county commissioners, of whom recorded the proper county, to be by him recorded in his estray book, and file the same in his office.

Copy of the

to whom certi

exceed $20.

When appraisSEC. 2. In all cases, where the appraisement of any ment does not such boat, or vessel, including her cargo, tackle, rigging, and other appendages, as aforesaid, shall not exceed the sum of twenty dollars, the taker up shall Advertisement advertise the same on the door of the court house, or within 10 days. in three other of the most public places in the county, within ten days after the justice's said certificate shall have been entered on the records of the board of county commissioners' court, and if no person shall apLimitation, six pear to claim and prove such boat, or vessel, within months, in ma- six months from the time of the taking up as aforesaid, king claim. the property in the same shall vest in the taker up. Where the val- But if the value thereof shall exceed the sum of ue exceeds $20 twenty dollars, it shall be the duty of the clerk of the board of county commissioners' court, 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 door of the court house, or at 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 Territory, and if the said boat, or vessel, be not claimed and proven within ninety days after the advertisement of the same as aforesaid, it Duty of the ta- shall be the duty of the taker up to deliver the same ker up, and the to the sheriff of the county, wherein such boat or vessel may have been so taken up, who shall thereterms of sale, upon proceed to sell the same at public auction, to and proceeds, the highest bidder, for ready money, having first given ten days' notice of the time and place of sale,

notice by whom, and how given.

Limitation 90

days.

sheriff.

Notice and

where paid.

and the proceeds of all such sales, after deducting the costs and other necessary expenses, shall be paid into the county treasury.

SEC. 3. If any person shall hereafter find any lost Bank notes,&c. goods, money, bank notes, or other choses in action, of what value, of any description whatever, of the value of five and to whom dollars and upwards, it shall be the duty of such restored. person, or persons, to inform the owner thereof, if known, and to make restitution of the same, without

any compensation whatever, except the same be vol- Compensation. untarily given on the part of the owner, but if the

owner be unknown, such person, or persons, shall, Where owner within five days after such finding, as aforesaid, take is not known, such goods, money, bank notes, or other choses in duty of finder. action, before some justice of the peace of the proper county, and make affidavit of the description thereof, Affidavit, and the time and place when and where the same was its contents. found, that no alterations had been made in the appearance thereof, since the finding of the same; whereupon the iustice shall enter a description of the Duty of the property thus found, and the value thereof, as near justice herein. 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 said proceeding shall have been entered on his estray book, as afore

said, transmit to the clerk of the board of county Certificate, and commissioners, a certified copy thereof, to be by him transmission, of recorded in his estray book, and file the same in his record, office.

SEC. 4. In all cases, where such lost goods, money, Where the valbank notes, or other choses in action, shall not exceed ue does not exceed $10, duty the sum of ten dollars in value, it shall be the duty of finder, as to of the finder, to advertise the same on the door of notice. the court house, or 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, or other choses in action, within twelve months from the Limitation, 12 time of such advertisement, the right to such prop- months. erty, when the same shall consist in goods, money,

or bank notes, shall be vested in the finder: But if the Where the valvalue thereof shall exceed the sum of ten dollars, it ue exceeds $10. shall be the duty of the clerk of the board of county commissioners, within twenty days from the time of Duty of the the reception of the justice's said certificate at his clerk, as to nooffice, to cause an advertisement to be set up on the court house door, or three other of the most public places in the county, and also a notice thereof to be published, for three weeks successively, in some

tice.

months.

to whom deli

vered.

Limitation, six public newspaper, printed in this Territory, and if the said goods, money, bank notes, or other choses in action, be not reclaimed within six months after the advertisement 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 Deeds.patents provided for, if in bank bills, notes of hand, patents, mortgages, &c.. deeds of conveyance, articles of apprenticeship, mortgages, or other instruments of value, the same shall be delivered to the clerk of the board of county commissioners, 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 notice of sale, at public auction to the highest bidder, for ready. money, having first given ten days' notice of the time and place of such sale, and the proceeds of all such sales, after deducting the cost and other expenses, shall be paid into the county treasury.

Goods, wares, &c., to whom delivered, by whom sold, and

&c.

Proceeds.

where paid.

Where the val

ue is less than

$5, duty of the finder, and

SEC. 5. 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 when the title a value less than five dollars, it shall be his duty to may vest in him advertise the same by setting up three advertisements, in the most public places in the neighborhood, but in such cases 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 shall be done within three months from the time of such taking up, or finding, but if no owner shall appear to claim such property, within the time aforesaid, the exclusive right to the same shall be vested in the finder, or taker up.

Horses, mares, &c.

SEC. 6. Every person, being a householder, who shall take up any stray horse, gelding, mare, colt, When, and by mule, or ass, shall, within five days thereafter, take whom, stray the same before some justice of the peace of the horses,&c.,may county, wherein such stray shall have been taken a justice of the up: Provided. The same shall not have been pre

be taken before

peace.

Affidavit, and what it shall

contain.

viously proven by the proper owner, or owners, and a tender made for the compensation herein provided for, and make oath, before such justice, that the same was taken up at his or her plantation, or place

of residence, in said county, or otherwise, as the case may be, and that the marks, or brands, have not been altered by him, or her, or any other person, or persons, to his, or her knowledge, either before or after the same was taken up, the justice shall then issue his warrant, directed to a constable of his dis- Warrant, trict, commanding him to summons three disinterested householders of the neighborhood, unless they can otherwise be had, to appraise such estray, and after they, or any two of them, have been sworn to Appraisement, appraise such estray, without partiality, favor, or af fection, they shall forthwith proceed to appraise the same, and shall immediately make report thereof, in writing, under their hands and seals, to the said justice, in which they shall be required to set forth a And report. description of the marks, natural and accidental, brands, color, and age of such horse, gelding, mare,

colt, mule, or ass; and the said justice shall there- Duty of justice. upon enter the same in his estray book, and transmit a certified copy thereof, under his hand and seal, together with the original return of the appraisers, to the clerk of the board of county commissioners of said county, within ten days thereafter, who shall enter the same in his estray book, and file the aforesaid transcript, and report of the appraisers, in his office, and the said clerk shall, within twenty days Duty of clerk, from the time of the reception of the justice's said as to entry, and transcript, cause an advertisement thereof to be set up on the door of the court house, or at three other of the most public places in the county, and also a notice to be published, for three weeks successively, in some public newspaper, printed in this Territory: Provided, The newspaper publication may be dis- Proviso. pensed with in all cases, where the value of such es tray shall not exceed the sum of fifteen dollars.

notice.

SEC. 7. Any person being a householder who shall Neat cattle, &c. take up any head of neat cattle, sheep, goat, or hog,

shall, within five days thereafter, cause the same to Advertisement. be advertised in three of the most public places in the neighborhood, or township, and shall also, within ten days thereafter, unless such stray or strays, shall have been previously reclaimed, by the owner, go before some justice of the peace of the proper county, and make oath, as required in the

taking up of an estray horse, whereupon such justice Affidavit, and shall take from such taker up, upon oath, a particu- description lar description of the marks, brands, color, and age of such neat cattle, sheep, goat, or hog, and said

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