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9 the selectmen of a town bound wholly or in part to support a 10 bridge or ferry across said river within any of said counties, and 11 upon such notice to the parties interested as said commissioners 12 consider proper, shall order and require any person or corporation, 13 their servants and agents, driving, floating or causing or permitting 14 to be floated or driven or run down said Connecticut river above 15 its confluence with the Chicopee river, any masts, spars, logs or 16 other timber, to guard and protect said bridges, the supports 17 thereof, said dams, ferries, ferry boats, steamboats and fisheries, 18 by such booms and other safeguards, and to comply with such 19 reasonable regulations as to time and manner, in floating, driving 20 or running such masts, spars, logs or other timber, as said commis21 sioners may consider necessary and sufficient and shall from time 22 to time establish. Whoever, himself or by his agent or servant, 23 drives, runs, floats or causes or permits to be driven, run or 24 floated down said river, above said confluence, any masts, spars, 25 logs or other timber without first complying with the said orders, 26 requirements and regulations of said commissioners may be re27 strained by proceedings in equity in behalf of parties interested; 28 and shall also be liable jointly and severally in an action of tort 29 for all damage caused thereby. The provisions of this section shall 30 not affect or impair any right or remedy of any party injured by 31 the floating, driving or running of any masts, spars, logs or other 32 timber down or upon any portion of said Connecticut river.

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SECTION 7. Whoever unlawfully takes, carries away or other2 wise converts to his own use, without the consent of the owner, any 3 log suitable to be sawed or cut into boards, clapboards, shingles, 4 joists or other timber, or any mast or spar, the property of an5 other, lying or being in a river, pond, canal, lake, bay, stream or 6 inlet within this commonwealth shall be punished by a fine of not 7 less than five nor more than twenty dollars or by imprisonment 8 for not less than thirty days nor more than six months for every 9 such log, mast or spar so unlawfully taken or carried away.

CHAPTER 94.

OF LOST GOODS AND STRAY BEASTS.

lawful

Penalty for un
ion of timber
in rivers, etc.
1804, 5.
G. S. 78, § 6.

1793, 42, §§ 3, 6.

1854, 339, § 1. P. S. 94, § 6.

or

notice, etc.

1727-8, 6, 1.

R. S. 56, § 1.

1 SECTION 1. Whoever finds lost money or goods of the value of Finder of lost 2 three dollars or more, the owner of which is unknown, shall, within goods to give 3 two days cause notice thereof to be posted in two public places C. L. 142, § 1. 4 within the city or town where said property was found, and shall 169, § 1. 5 also, within seven days, give notice thereof in writing to the city or 1788, 55, $1. 6 town clerk, and pay him twenty-five cents for making an entry G. S. 79, §1. 7 thereof in a book to be kept for that purpose; and if the money or 106 Mass. 287. 8 goods are of the value of ten dollars or more, the finder shall, within 9 one month after such finding, cause the same to be advertised in a 10 newspaper or publicly cried, if there is a crier in the place, and notice 11 thereof to be posted in like manner in two adjoining cities or towns.

P. S. 95,

1

SECTION 2. Whoever takes up a stray beast shall cause a notice when stray 2 thereof, containing a description of its color and its natural and beasts are 3 artificial marks, to be entered with the city or town clerk in a book notice to be

taken up,

given.

C. L. 142, § 1.
1698, 9, §§ 1, 2.
1788, 55, § 1.
R. S. 56, § 2.
G. S. 79, § 2.
P. S. 95, § 2.

Lost goods to be appraised when.

C. L. 142, § 2. 1698, 9, § 2. 1727-8, 6, § 3. 1788, 55, § 2. 1827, 74, § 2. R. S. 56, § 4. G. S. 79, § 4. P. S. 95, § 4.

t

Restitution of
property.
C. L. 142, § 3.
1698, 9, § 3.
1788, 55, § 3.
1827, 74, § 2.

R. S. 5, 5, 7.
P. S. 95, 55,

G. 79, 7.

Sale of strays.
1815, 1, § 1.
1827, 74, § 2.
R. S. 56, § 8.
G. S. 79, § 8.
P. S. 95, § 8.1

Rights of Owner and finder of

to be kept for the purpose; and shall cause the same to be cried, if 4 there is a crier in the place, and notices thereof containing a like 5 description of the beast to be posted in the manner provided in the 6 preceding section; otherwise he shall not be entitled to compensa- 7 tion for any expenses which he may incur relative thereto.

SECTION 5. If no owner appears

Rights of finder, if no

within one year, the lost money 1

owner appears. Or goods shall enure to the finder, he paying to the city or town 2

1788, 55, § 3.
R. S. 56, § 6.
G. S. 79, § 6.
P. S. 95, § 6.

SECTION 3. Every finder of lost goods or stray beasts of the 1 value of ten dollars or more shall also, within two months and before 2 any use is made of the same, procure from the city or town clerk 3 or from a justice of the peace a warrant directed to two disinter- 4 ested persons, to be appointed by the clerk or justice, and return- 5 able into said clerk's office in seven days from the date, requiring 6 them to appraise the same at their true value, upon oath which 7 may be administered by the clerk or justice.

8

1698, 9, § 2.

SECTION 4. If the owner of such money or goods, other than 1 stray beasts, appears within one year, and if the owner of such 2 stray beasts appears within three months, after such entry with the 3 clerk, and proves his right thereto, he shall have restitution of the 4 money, goods or beasts or the full value of the money or goods, 5 after paying for entering the same, and all reasonable charges for 6 keeping, notifying, crying and appraising, as aforesaid, and for nec- 7 essary travel in the case, to be determined, in case of disagreement 8 between the owner and finder, by a justice of the peace. 9

treasurer one-half of the value thereof according to said appraisal, 3 all lawful charges being first deducted; and upon his neglect or 4 refusal to pay the same, it shall be recovered by the city or town 5

treasurer.

6

SECTION 6. If the owner does not appear and prove his title to 1 the beasts within said three months, the finder may sell them by 2 public auction, first giving notice of such sale at least four days 3 before the time of sale, in two public places in the city or town 4 in which the beasts were taken up; and the proceeds of the sale, 5 after deducting all lawful charges, shall be deposited in the city or 6 town treasury.

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SECTION 7. If such owner appears within one year after such 1 entry and proves his title to the beasts, he shall, if they have not 2

strays.

C. L. 142, § 3. been sold, have restitution of the same upon paying the charges 3

1698, 9, § 3. 1788, 55, § 3. 1815, 1, § 2. 1827, 74, § 2. R. S. 56, § 9. G. S. 79, § 9. P. S. 95, § 9.

arising thereon as provided in the case of lost goods; and if the 4 beasts have been sold he shall be entitled to receive the money so 5 deposited in the treasury from the proceeds of the sale. If no 6 owner appears within said year, the beasts, or the value or price 7 thereof after deducting said charges, shall, as prescribed in section 8 five, be equally divided between the finder and the town.

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Penalty if finder neglects

SECTION 8. The finder of lost goods, money or stray beasts, 1 to give notice. who neglects to cause the same to be entered and cried and notice 2 thereof to be posted as before directed, shall forfeit the value there- 3

§ 2.

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4 of, unless he delivers or accounts therefor to the owner, in which 1788, 55, § 5. 5 case he shall forfeit not more than twenty dollars.

R. S. 56, § 10.
G. S. 79, § 10.

P. S. 95, § 10.

1

SECTION 9.

taking

Whoever takes away a beast taken up as a stray, Penalty for 2 without paying all lawful charges incurred in relation to the same, strays with3 shall forfeit to the finder the value thereof.

out paying charges.

C. L. 142, § 4.
1698, 9, § 4.

1788, 55, § 5.

R. S. 56, § 11.

107 Mass. 587.

CHAPTER 95.

G. S. 79, § 11.
P. S. 95, § 11.

OF UNCLAIMED OR ABANDONED PROPERTY.

1

passengers.

§

SECTION 1. Railroad corporations and the proprietors of steam- Publication of 2 boats engaged in the transportation of passengers shall semi-annually, effects of 3 on the first Monday of January and July, publish, in one newspaper 1,147,51. 4 at least in every county of this commonwealth in which such corpo- G. S. 80, 1. 5 rations or proprietors have a passenger station or office, a de- 6 Allen, 253. 6 scriptive list of all trunks, bags, valises, parcels and passengers' 7 effects which have been left and then remain unclaimed at any pas-8 senger station or office, or in the possession of such corporations or 9 proprietors or their agents, and the list shall indicate all such 10 specific marks as may serve to identify the same.

articles.

G. S. 80, 2.

1 SECTION 2. If at the expiration of six months after such adver- Sale of 2 tisement any of the articles so advertised remain unclaimed, said unclaimed 3 corporations or proprietors having possession thereof shall give 151, 147, § 2. 4 notice to the mayor and aldermen of the city or selectmen of the P. S. 96, § 2. 5 town in which the articles may be, who shall cause them to be ex6 amined, and may order them to be sold by public auction upon 7 publication of notice of the time and place of sale as aforesaid, or 8 may order them to be again advertised and to remain another six 9 months before being sold.

monwealth.

1 SECTION 3. The proceeds of all articles thus sold, after deduct- Proceeds to be 2 ing costs of storage, advertising and other expenses due to such paid to com3 corporations or proprietors, and the costs of said examination and 1851, 147, § 3. 4 sale, shall be paid over to the treasurer and receiver general for the P. S. 96, § 3. 5 use of the commonwealth.

G. S. 80, § 3.

1

to

SECTION 4. If such corporations or proprietors neglect or omit Penalty for 2 so to advertise and cause any such effects to be examined, they shall advertise, etc. 3 be liable for all damages caused thereby, and shall also forfeit one G. S. 80, §4. 4 hundred dollars for each case of neglect or omission.

1851, 147,

P. S. 96, § 4.

articles trans

mon

1 SECTION 5. When a common carrier has transported fresh meats, Perishable 2 fresh fish, shell fish, fruit or vegetables, to their destination, has ported by com3 notified the owner or consignee of their arrival, and the owner or may be sold. 4 consignee after such notice refuses or omits to receive and take 1857, 237. 5 them away and to pay the freight and proper charges thereon, said P. S. 96, § 5. 6 carrier may, in the exercise of a reasonable discretion, sell the same 7 at public or private sale without advertising, and the proceeds, after 8 deducting the amount of said freight and charges and expenses of

G. S. 80, § 5.

Sale of un-
claimed goods.
1866, 152.
P. S. 96, §§ 6, 7.

Disposition of
stolen, etc.,
property by
police officers
of cities.
1880, 155, § 1.
P. S. 96, § 10.

sale, shall be paid to the owner or consignee. If the owner or con- 9 signee on reasonable inquiry cannot be found, the sale may be made 10 without such notice.

11

Sale of.un-
claimed goods
carried by
express.
1864, 139.

SECTION 7. If goods which are carried by express are not called 1 for by the owner or consignee, and he cannot be found for one year 2 after the carriage, they may be sold by public auction, notice of 3 P. S. 96, §§ 8,9. the time and place of sale containing a descriptive list of all such 4

property, with all such specific marks as may serve to identify the 5 same first being given by publishing the same four successive weeks 6 in a newspaper, if any, published in the city or town in which such 7 sale is to take place, and also in the city or town to which they 8 were consigned, otherwise in the newspaper published nearest 9 thereto. The proceeds of goods so sold, after deducting costs of 10 transportation, storage, advertising and sale, shall be paid to the 11 owner thereof, upon demand and satisfactory proof of ownership 12 within three years after the sale; otherwise to the treasurer and 13 receiver general for the use of the commonwealth.

14

If perishable,
how sold.
1880, 155, § 4.
P. S. 96, § 12.

SECTION 6. If goods carried by a railroad company or in a 1 steam or sailing vessel are not called for by the owner or consignee 2 within one year one year after the date of their receipt at the city or town to 3 which they are consigned, they may be sold by public auction for 4 the charges of transportation due thereon, notice of the time and 5 place of sale first being given by publishing the same three days in 6 each of three successive weeks in a newspaper, if any, published 7 in such city or town, otherwise in the newspaper published nearest 8 thereto. The proceeds of goods so sold, after deducting costs of 9 transportation, storage, advertising and sale, shall be placed to the 10 credit of the owner in the books of the company or owner of the 11. vessels making the sale, and shall be paid to the owner of the goods 12 on demand.

13

"

SECTION 8. If money, goods or other property, which has been 1 stolen, lost, abandoned or taken from a person under arrest, comes 2 into the possession of a member of the police department of a city 3 by virtue of his office, he shall deliver the same to the officer or member of the department designated by the rules of the depart- 5 ment, and shall thereupon be relieved from further responsibility 6 therefor. The officer or member to whom such property is so 7 delivered shall give the notices required by chapter ninety-four.

8

Sale of such property, etc.

SECTION 9. If such money, goods or other property remains 1 isso, 155, $$ 2,3. unclaimed in the possession of such police department or any mem- 2

P. S. 96, § 11.

ber thereof for six months, and the owner or his place of abode or 3 business is unknown, such department may sell the same by public 4 auction, notice of the time and place of sale, with a description of 5 the property to be sold, first being given by publishing the same 6 once in each of three successive weeks in a newspaper published in 7 such city. 8

SECTION 10. Such property, if perishable or liable to deteriorate 1 greatly in value by keeping or the value of which will probably be 2 less than the expense of keeping, may be sold by public auction in 3

4 accordance with the rules of the department, reasonable notice of 5 the time and place of sale first being given by publishing the same 6 in a newspaper published in such city.

1

SECTION 11. The proceeds of every such sale, after deducting Proceeds, 2 all reasonable charges and expenses incurred on such property, 1880, 155, § 5. 3 shall be paid into the city treasury.

disposal of.

P. S. 96, § 13.

1 SECTION 12. If, within two years after such sale, the owner 2 claims and proves his ownership of such property, the proceeds, 3 after deducting all reasonable charges and expenses, shall be paid 4 over to him, upon the order of the head of such department.

NOTE. The word " printed" has been changed to “ published" in §§ 6, 7, 9, 10, because the latter word is usually used in respect to such notices and has received judicial construction in Rose v. Fall River Savings Bank, 165 Mass. 273.

1

animals may

1881, 283.

SECTION 13. An officer or agent of the Massachusetts Society Abandoned 2 for the Prevention of Cruelty to Animals may take charge of any be killed, when. 3 animal found abandoned which appears to be diseased or disabled P. S. 96, § 15. 4 beyond recovery for any useful purpose, and thereupon shall, as 5 quickly as may be, cause it to be appraised under oath by two 6 reputable citizens, who shall view the same in his presence and de7 termine its value; and if such appraised value does not exceed five 8 dollars, such officer may at once cause said animal to be killed in a 9 humane manner. Said society shall thereupon be indebted to the 10 owner for its value, unless the appraisers determine that its death 11 was rendered necessary by the owner's wilful abandonment or 12 cruelty, and said society shall pay to the appraisers a reasonable 13 compensation for their services.

CHAPTER 96.

OF THE BOARD OF HARBOR AND LAND COMMISSIONERS.

paid if he

Owner to be applies within 1880, 155, § 6.

two years.

P. S. 96, § 14.

1

commission1866, 149, § 1.

SECTION 1. There shall be a board of harbor and land com- Board of har2 missioners consisting of three members, one of whom shall annually bor and land 3 be appointed by the governor, with the advice and consent of the ers. 4 council, for a term of three years from the first day of July. The 17, 213, 1-3. 5 chairman of said board shall receive an annual salary of thirty-three 1881, 287,1. 6 hundred dollars, and the other members, twenty-seven hundred, $1. 7 dollars each. They shall be allowed their actual travelling and 1,572. 8 other necessary expenses.

1879, 263, 1.

19, §

powers and

1 SECTION 2. The board shall have an office in the state house, General 2 in which shall be kept the maps, charts, plans and documents re- duties of the 3 lating to the harbors, waters and lands in its charge, its records and 16, 149, §§ 2, 4 those of the several boards to whose duties it has by law succeeded;, 263, §§ 2, 3. 5 and it may employ engineers and clerical and other assistance. It 1881, 287, § 2. 6 shall annually, on or before the tenth day of January, report to the

P. S. 19, § 2.

7 general court, and shall recommend legislation necessary for the 8 preservation and improvement of the harbors and lands of the com9 monwealth.

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