writ of seizure, the State's attorney shall cause the record and process to be exemplified under the seal of the court, and cause the same to be recorded in the office of the recorder of deeds of said county; and such judgment shall preclude all parties and persons thereto, their heirs and assigns, so long as such judgment shall remain in force. [R. S. 1845, p. 226, § 4. 6. Appeal- error. 6. Any party who shall have appeared to any proceeding as aforesaid, and the State's attorney, on behalf of the county, shall have the same right to prosecute an appeal or writ of error upon any judgment as aforesaid as parties in other cases. [R. S. 1845, p. 226, § 5. 7. Duty of county treasurer — proceedings to recover back escheated property. § 7. The county treasurer shall keep just and true accounts of all moneys paid into the treasury, and if any person shall appear within ten years after the death of the intestate and claim any money paid into the treasury as aforesaid as his, on legal representation, such person may file a petition in chancery in the circuit court of said county, stating the nature of his claim and praying such money may be paid to him; a copy of which petition shall be served upon the State's attorney of said county, who shall put in an answer to the same, and the court shall thereupon examine the said claim and the allegations and proofs, and if it shall find that such person is entitled to any money paid into the county treasury, such court shall by order direct the county clerk to issue an order upon the county treasurer for the payment of the same, but without interest or costs, and it shall be the duty of [*481] county boards to see that said amounts shall be paid in full with out discount. A copy of the order of the court shall be a sufficient voucher for drawing such order. And if any person shall appear and claim any lands vested in the county as aforesaid, within five years after the judgment was rendered, it shall be lawful for such person (other than such as were served with a scire facias or appeared to the proceeding, their heirs or assigns), to file his petition in chancery in the circuit court of said county in which the lands claimed lie, setting forth the nature of his claim and praying that the said lands may be relinquished to him; a copy of which petition shall be served on the State's attorney of said county, who shall put in answer; and the court shall thereupon examine said claim and the allegations and proofs, and if it shall appear that such person is entitled to the lands claimed, the court shall decree accordingly, which shall be effectual for divesting the interest of the county in or to the lands, but no costs shall be adjudged against the county. And all persons who shall fail to appear and file their petitions within the times limited aforesaid, shall be forever barred, saving, however, to infants and persons of unsound mind, and persons beyond the limits of the United States, the right to appear and file their petition as aforesaid, at any time within five years after their respective disabilities are removed: Provided, however, that the county board of said county may cause such lands to be sold at any time after seizure; in which case the claimant shall be entitled to the proceeds of such sale in lieu of the lands, upon obtaining a decree or order as aforesaid. [R. S. 1845, P. 226, § 6. AN ACT to revise the law in regard to estrays and other lost property. [Approved In force July 1, 1874.] 1. When estrays may be taken up. SEC. 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That horses, mules, asses, neat cattle, swine, sheep or goats found straying at any time during the year in counties where such animals are not allowed to run at large, or between the last day of October and the fifteenth day of April in other counties, the owner thereof being unknown, may be taken up as estrays. [R. S. 1845, p. 228, § 6. L. 1847, p. 47, § I. 2. Who may not take up estrays. § 2. No person who is not a householder in the county where the estray is found, shall take up such estray, and no person shall be allowed to take up any estray except upon or about his farm or place of residence. [L. 1847, P. 47. § 2. 3. Not to use before advertising-milk. § 3. No person taking up an estray shall use the same previous to advertising it; but animals giving milk may be milked for their benefit. [R. S. 1845, p. 228, $9. 4. Several estrays. § 4. Where several estrays are taken up by the same person, they shall be included in the same notices and proceedings. [R. S. 1845, p. 228, § 5. 5. Notice of taking up. $5. Whoever takes up or has at any time upon his inclosed lands an estray, shall, within five days thereafter, post up notices in three of the most public places in the town or precinct in which the estray was taken up or found, giving the residence of the taker-up and a particular description of such 'estray, its age, color and marks, natural and artificial, as near as may be, and stating before what justice of the peace in such town or precinct, and at what time, not less than ten nor more than fifteen days from the time of posting such notice, he will apply to have the estray appraised. [R. S. 1845, P 227, 81. Hyde v. Pryor, 13 Ill. 64; C. & N. W. R. R. Co. v. Schultz, 55 Ill. 421; McMillan v. Andrew, 50 Ill. 282; Peoria, etc., R. R. Co. v. McIntire, 39 Ill. 298 Mattingly v. Crowley, 42 Ill. 300. 6. Recording notice with town clerk. § 6. In counties [*483] under township organization, the taker-up shall also, within the same time, deliver a copy of such notice to the town clerk of his town, who shall enter the same at large in a book to be kept for that purpose, to be known as the "Town Estray Book," noting in said book the time when the notice is delivered to him. [L. 1855, p. 175, 1, 2. 7. Proceedings before justice. §7. At the time mentioned in such notice, if the owner of the estray shall not have appeared and proved ownership and taken the same away before that time, paying the taker-up his reasonable charges for taking up, keeping and advertising the same, the taker-up shall appear before such justice and make and subscribe an affidavit stating that he has taken up such estray, and that the marks and brands thereof have not been altered since the taking up, and in what manner he has given the notice required by the preceding section; which affidavit shall be prima facie evidence that the notice has been given as therein stated. [R. S. 1845, p. 227, § 1; p. 228, § 7. 8. Owner may appear and prove property, etc. 8. If at such time any person shall appear before the justice and claim that he is the owner of or entitled to the possession of the estray, the justice shall hear his claim and such evidence as may be produced by either party, and determine the case according to the rights of the parties, as well with reference to ownership and possession of the estray as to the compensation to be paid the taker-up and costs of the proceeding; and appeals may be allowed from such decision as in other cases. 9. When estray to be produced before justice. § 9. The justice shall in all cases have the power to order the taker-up to bring the estray before him; but unless he shall make such order, it shall not be necessary for the taker-up to produce the estray before the justice. 10. Appraisers - oath. § 10. If the owner of the estray does not appear and prove property and pay the compensation to the taker-up, and costs, the justice shall appoint three disinterested householders in the neighborhood, who shall be sworn to appraise such estray, without partiality, favor or affection, and make return thereof according to law. [R. S. 1845, p. 228, § 2. 11. Appraisement. § 11. Such appraisers, or any two of them, shall immediately proceed to appraise such estray, and shall, within three days after making their appraisement, return the same to such justice, certifying therein the age, color and marks, natural and artificial, as near as may be, of the estray: Provided, that the justice may for good cause extend the time for the return of the appraisement. 12. Return of appraisement. § 12. On the return of such appraisement, the justice of the peace shall note the fact in his docket, and enter therein the appraisement at large. [R. S. 1845, p. 228, § 2. 13. Certificate to county clerk. § 13. If the estray, or in case of several estrays in the same proceeding, all of them, exceed the value of $20, the justice shall, within ten days after the return of the appraisement, make and transmit to the county clerk of his county a certificate, which may be substantially in the following form: taker-up), at Taken up on the day of 18 by (name of (residence of taker-up), the following described estray: (Here insert description of estray, or, if several, each estray, and its appraised value). Dated the day of [L. 1861, p. 175, § I. 18 L. N., Justice of the Peace. 14. Entry in "estray book." § 14. Upon the filing of such certificate, the county clerk shall immediately enter the same at large in a book to be kept by him for that purpose, to be known as the "estrays book," noting in such book the time of the filing. 15. Estray notice - how given costs, etc. § 15. The county clerk shall also, at the same time, cause a copy thereof, which shall be headed "Estray Notice," to be published at least once in each week, for three successive weeks, in some newspaper published in his county, or if no newspaper is published in his county in the nearest newspaper published in the State, and shall also cause copies thereof to be posted in three public places in his county, one of which shall [*484] · be in his office: Provided, that when such estray is a horse, mule or ass, the county clerk shall also, within ten days after the filing of such certificate, cause such notice to be published at least once in a newspaper published at Springfield, to be designated by the governor for the publication of such notices, and the publisher of such paper shall immediately on the publication of such notice forward to the county clerk of each county in this State, free of charge, a copy of the paper containing the same, and the several county clerks shall file and preserve such papers in their respective offices for the examination of all concerned. On the filing of the certificate mentioned in section 13 of this act, the taker-up shall deposit with the county clerk $1.75, which shall be forwarded to the publisher of said paper at Springfield, and shall be in full for publishing such notice and forwarding such papers to said county clerks, with postage pre-paid. [L. 1849, p. 76, § 1; L. 1861, p. 121, § 1; Mahler v. Holden, 20 Ill. 363. 16. Sale when estray not reclaimed. § 16. If the estray is a horse, mule or ass, or head of neat cattle, and the owner does not appear within one year and claim the same, and pay charges and expenses, or if the estray is a swine, sheep or goat, and the owner does not appear within three months and claim the same, and pay charges and expenses, the taker-up shall notify the justice before whom the proceedings were had, who shall proceed to sell such estray at public vendue to the highest bidder, after having given twenty days' public notice of such sale, by 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 fecs 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 neighborhood, 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. |