justice shall also cause such estray, or estrays, last Appraisement. mentioned, as aforesaid, to be appraised, in like

Publication.

trays, and fees.

to value,

manner as is required to be done in the case of an estray horse, after which the same entries and proceedings shall be made as is required in the sixth section, except that it shall not be necessary to make publication, in a newspaper, where the valuation of the property shall not exceed the sum of fifProviso, as to teen dollars: Provided, That if two, or more, esnumber of es- trays, of the same species, are taken up, by the same person, at the same time, they shall, in all cases, be included in one entry, and in one advertisement, and in such cases the said justice, clerk, and appraisers, shall receive no more for their services than is allowed in cases where but one of the same Limitation, as species is taken up: But, in all cases, where the value does not exceed the sum of five dollars, no further proceedings need be had, than for the justice to enter the same in his estray book, for which the justice shall be entitled to a fee of twenty-five cents; and when so posted and entered, the right, after the expiration of six months, shall vest absolutely in the taker up: But he shall be accountable for, and pay to each owner the appraised value of such animal, after deducting all lawful charges incident to taking Further, as to up, and posting such estray, or estrays, and if the appraisement of an estray, or estrays, shall exceed five, and does not exceed ten dollars, the right therein shall be vested in the taker up, by his paying into the county treasury the appraised value thereof, at the expiration of six months, after the same shall be advertised.

And as to time.

value, title and time.

Horses, colts, &c., straying without the settlements, before whom taken,

SEC. 8. Any person, being a householder, finding any stray horse, gelding, mare, colt, mule, or ass, running at large, without any of the settlements in this Territory, may take up the same, and shall forthwith take such stray, or strays, before the nearest justice of the peace, and make oath as directed And proceed in the sixth section of this act, after which it shall ings thereon. be lawful for such persons, to post such stray, or strays, in manner and in form as in other cases: Provided, That nothing in this act contained shall be so construed as to authorize any person to take up, or When estrays stop, any stray animal, between the first day of May may not be ta and the first day of November, unless the same be a work beast, and manifestly straying away from the

ken up. Exception.

owner.

takers up, of

Neat cattle,

sheep, hogs, &c.

SEC. 9. As a reward for taking up of all boats, and Compensation other vessels, and of estrays, and for finding of lost to finders, or goods, money, bank notes, and other choses in action, there shall be paid by the owner, to the taker up, or within the setfinder, before restitution of the property, or proceeds tlements. thereof shall be made: For every horse, gelding, mare, colt, mule or ass, the sum of one dollar, except where the same may have been taken up out of Out of the setthe settlement, in which case the taker up shall be tlement. allowed the sum of three dollars; for each head of neat cattle, fifty cents, for every sheep, or goat, twenty-five cents; and for every hog, above six months old, the sum of ten cents; and, in all cases, where goods, money or bank notes, shall be found, the finder Goods, money, shall be entitled to ten per cent. upon the value &c. thereof, in addition to which said allowance, the owner shall also be required to pay, to the taker up, or finder, all such costs, and charges, as may have been Costs and paid by him, or her, to the justice and clerk for their charges, repaid services, to be rendered as aforesaid, including the to, and by cost of publication, together with reasonable charges for keeping, and taking care of such property, which last mentioned charge, in case the taker up, or finder,

whom.

and the owner cannot agree, shall be assessed by two Disagreements disinterested householders of the neighborhood, to how determinbe appointed by some justice of the peace of the ed. proper county, whose decision, when made, shall be binding and conclusive on all parties: But when the

animal taken up is suitable for the harness, or saddle, Animals suitano charge shall be allowed for keeping the same, but ble for harness. no such animal shall be kept out of the county, where

the same shall have been taken up, more than one

week at any one time.

in the finder, or taker up.i

SEC. 10. In all cases where any stray animal shall When, and be taken, as aforesaid, and no owner shall apply, or how, the propprove his, or her property, within one year after ad- erty may vest vertisement shall be made, as aforesaid, and the valuation exceed the sum of ten dollars, and no owner appear within the time aforesaid, the property may be vested in the taker up, by his paying the appraisement value into the county treasury, after deducting all necessary expenses, as hereinafter provided; but if the taker up, or finder, shall fail to Upon his failcomply, as aforesaid, then it shall be his duty to de- ure to comply, liver the same to the sheriff of the county, who the sheriff is shall thereupon proceed to sell such stray, or strays, sell, &c. at public auction, to the highest bidder, for ready money, having first given ten days' public notice of

authorized to

Proceeds of sale, where paid.

Proviso, in favor of the taker up, or finder.

the time and place of sale, and the money arising from the sale thereof, after deducting the costs and charges paid by the taker up, and reasonable expenses for keeping the same, together with all other costs and charges which may be incident thereto, shall be paid into the county treasury: Provided, That the taker up, shall, in all cases, have the privilege at the expiration of the year, as aforesaid, to pay into the county treasury the aforesaid value of such estray, after deducting the costs and charges aforesaid, and by so doing, shall acquire an absolute Proviso, as to right to the property in such estray: And provided, That the taker up and treasurer cannot agree on the charges for keeping, it shall be assessed, as aforesaid, by two disinterested freeholders, which decision shall be binding.

charges.

The proceeds of sale, when

forfeited to the county, and for

SEC. 11. The net proceeds of all such sales as may, at any time be made by the sheriff, in pursuance of this act, and all such money, and bank what purpose. notes, as may be paid over to the county treasurer, as directed in the tenth section, shall remain in the hands of the county treasurer, in trust for the owner, if any such shall apply within one year from the time the same shall have been paid over, but if no owner shall appear, within the time aforesaid, the said money shall be considered as forfeited, and the claim of the owner thereto forever barred, in which event the money shall remain in the county treasury, to be applied to the use of common schools, whenever applied for by law.

Unavoidable

vided for.

SEC. 12. If the taker up of any stray animal, water accidents, pro- craft, or lost goods, bank notes, or other choses in action, shall be faithful in taking care of the same, and any unavoidable accident shall happen thereto, without the fault or neglect of the finder, or taker up, before the owner shall have an opportunity of reclaiming the same, such taker up, or finder, shall Notice of acci- not be accountable therefor: Provided, That in all dents by whom, cases of accident, as aforesaid, it shall be the duy of the taker up, or finder, within ten days thereafter to certify the same under his hand and seal, to the clerk of the board of county commissioners, who shall make an entry thereof in his estray book.

when, and to

whom, certified.

Forfeiture for

erty out of the

SEC. 13. If any person shall trade, sell, or carry removing prop-out of the limits of this Territory, any such property as may, at any time, be taken up, or found, as aforehas been found, said, except such animals as are suitable for the harness, or saddle, as aforesaid, before he, or she.

Territory, that

or taken up,

what cases in

shall be vested with the right to the same agreeably when, and in to the provisions of this act, he, or she, so offending, curred, and how shall forfeit and pay double the value thereof, to be recoverable. recovered by any person who will sue for the same, in any court, or before any justice of the peace, having jurisdiction thereof, by action of debt, one half thereof shall go to the person suing, and the other half to the county, as aforesaid.

act, how recov

SEC. 14. If any person shall take up any boat, or Forfeiture for vessel, or any stray beast, or shall find any goods, failing to commoney, bank notes, or other choses in action, and ply with this shall fail to comply with the requisitions of this act, ered and apevery such person, so offending, shall forfeit and plied. pay the sum of twenty dollars, to be recovered before any justice of the peace, by any person who will sue for the same, the one-half whereof shall be for the use of the person suing, and the other half to be deposited in the county treasury for the use of common schools: Provided. That nothing herein con- Proviso, as to tained shall prevent the owner from having and other damages. maintaining his action against such person for the recovery of any damages he or she may sustain.

SEC. 15. In all cases, where services shall be per- Fees to officers. formed by any officer, or other person, under this

act, the following fees or compensation shall be al

lowed, to wit: to the justice of the peace for admin- To justices of istering the oath to the taker up, or finder, making the peace. an entry thereof, with the report of the appraisers, and making and transmitting a certificate thereof to

the clerk of the board of county commissioners, fifty To the clerk of cents; to the clerk for taking proof of the owner- the board of ship of the property, and granting a certificate of commissioners. the same, twenty-five cents; for registering each certificate transmitted to him by the justice, as aforesaid, twelve and a half cents; for advertisements, in

cluding the newspaper publication, fifty cents; to the To the sheriff. sheriff, on account of all sales made by him, in pur suance of this act, five per cent. on the amount; to

the constable, for each warrant served on appraisers, To the constatwenty-five cents; to each appraiser, twenty-five ble and appraicents; all which said costs and charges, with the ex-sers. ception of the justice's charge for granting a certificate of ownership, and the sheriff's commission, shall By, to whom, be paid by the taker up to the persons entitled and when, thereto, whenever the services shall be performed: paid. Provided, That in all cases, where it shall be neces- Proviso, as to sary to make publication in a newspaper, the taker the publication up, or finder, as the case may be, shall be required of notice.

By, when, and to whom costs shall be reim

and charges

bursed.

Reward

Examination.

without fee or charge.

to deposit with the clerk of the board of county commissioners a sum of money sufficient to pay for the same, previous to the publication thereof; all which costs and charges shall be reimbursed to the taker up, or finder, in all cases where restitution of the property shall be made to the owner, or the same shall be delivered to the sheriff, to be sold, or where money, or bank notes, shall be paid into the county treasury, in addition to the reward to which such person may be entitled, for such taking up or finding as aforesaid.

SEC. 16. For the more speedy recovery of estrays, of estray book and other lost property, it shall and may be lawful, at all times for any person interested, to search and examine the estray book of the clerk for any information he or she may want, in relation to any property which may at any time have strayed away, or been lost, by any such person as aforesaid, for which said clerk shall be entitled to no compensation. SEC. 17. This act to take effect, from and after the first day of May next.

When this act shall be in force.

APPROVED, January 22, 1839.

at the expense,

ive counties.

Description of

measures.

WEIGHTS AND MEASURES.

AN ACT regulating weights and measures.

SEC. 1. Be it enacted by the Council and House of Commissioners Representatives of the Territory of Iowa, That the required to pro- several boards of county commissioners, within this cure weights Territory, be, and they are hereby authorized, and and measures, required, to procure, for their respective counties, and for the use and at the expense of the same, a set of the folof their respect-lowing weights and measures, for the use of their county, that is: one measure of one foot, or twelve inches, English measure, so called; also, one measure of three feet, or thirty-six inches, as aforesaid; also, one half bushel measure, for dry measure, which shall contain one thousand seventy-five and one-fifth solid inches; also, one gallon measure, which shall contain two hundred and thirty-one solid inches, which measures are to be of wood, or any metal the court may think proper; also, one set of weights, commonly called avoirdupois weight, and sealed with the name, or initial letters of the county inBy whom kept, Scribed thereon; which weights and measures shall be kept by the clerk of the said court, of each and

Of weights.

and for what

purpose.