Изображения страниц
PDF
EPUB

persons in their employ.

Juries done by conveyance of passengers for hire, shall be liable, jointly and severally, to the party injured, in all cases, for all injuries and damage done by any person in the employment of such owners as a driver, while driving such carriage, to any person, or to the property of any person, whether the act occasioning such injury or damage be wilful, negligent or otherwise, in the same manner as such driver would be liable.

[blocks in formation]

How Owner of
Timber, etc., may

and consequence of neglect.

Chapter Forty-Six of Revised Statutes of 1846.

(1599.) SECTION 1. Whenever any logs, timber, boards or

reclaim the same, planks, in rafts or otherwise, shall be drifted upon any island in any of the waters within this State, or upon the bank or shore of such waters, the owner of such logs, timber or lumber may, at any time within one year, remove the same, on paying or tendering to the owner or occupant of the land such reasonable damages as may have been caused by reason of such removal, and if the owner shall not, within the said year, make such payment or tender, and take such logs, timber or lumber from such lands, unless he and the owner or occupant of such lands shall otherwise agree, the same shall be deemed the property of such owner or occupant of the lands.

Penalty for destroying marks

(1600.) SEC. 2. Whoever shall unlawfully cut out, alter or on Timber, etc. destroy, any mark of the owner, made on any logs, timber, or lumber, put into any lake, river, stream or pond, shall forfeit a sum not exceeding ten dollars for each log, stick of

timber, or piece of lumber, the mark of which he shall have so altered, cut out or destroyed; and shall be liable to the party injured in three times the amount of damages.

fendant when

dence of guilt.

(1601.) SEC. 3. In any suit under the provisions of the pre- Possession of Deceding section, if such logs, timber or lumber, shall be found presumptive eviin the possession of the defendant, with the marks cut out, altered, or destroyed, it shall be considered presumptive evidence of his guilt, and the burden of proof shall be upon him to discharge himself.

son converting

(1602.) SEC. 4. Whoever shall convert to his own use, with- Liability of perout the consent of the owner thereof, any logs, timber, boards, logs, etc. or planks, floating in any of the waters of this State, or lying on the banks or shores of such waters, or on any island where the same may have drifted, except as in this chapter provided for, shall be liable to the owner thereof in treble the amount of damages.

[blocks in formation]

(1603.) SECTION 1. When any person shall find any lost money, or lost goods, if the owner thereof be known, he shall

goods, etc., how given.

Notice of finding immediately give notice thereof to such owner; if the owner thereof be unknown, and such money or goods be of the value of three dollars or more, the finder shall, within two days, cause notice thereof to be posted in two public places within the township where the same were found; and shall also, within seven days, give notice thereof, in writing, to the Township Clerk of such township, and pay him twenty-five cents for making an entry thereof in a book to be kept for that purpose.

Ibid.

Taking up Stray

Animals.

Notice to Owner,

and entry on

13 Ill. Rep. 64.

(1604.) SEC. 2. If the money or goods so found be of the value of ten dollars or more, and the owner thereof be unknown, the finder thereof shall also, within one month after such finding, cause notice thereof to be advertised in some newspaper in the same county, if one be published there, and if not, then in some newspaper published in an adjoining county, and continued therein for six successive weeks.

(1605.) SEC. 3. It shall be lawful for any resident freeholder of any township in this State to take up any stray horses, mules or asses, by him found going at large in such township, beyond the range where such horses, mules or asses usually run at large; and also to take up, between the months of November and March, any stray neat cattle, sheep or swine by him found going at large therein, beyond the range where such animals have usually run at large.

(1606.) SEC. 4. Such finder shall immediately give notice Township book thereof to the owner of any such animal, if known to him; but if the owner thereof be unknown, such finder shall, within ten days, cause notice thereof to be entered with the Township Clerk, in such book as aforesaid, containing a description of the color, age, and natural and artificial marks of such animals, as near as may be, and the name of such finder, and shall pay such clerk twenty-five cents for entering the same; and shall also cause such notice to be posted up in two of the most public places in such township.

When notice to

be published in Newspaper.

(1607.) SEC. 5. If the owner of any such animal or animals shall not, within one month, appear and reclaim them, and such animal or animals taken up at the same time shall be of the value of ten dollars or more, the finder shall cause such notice to be published in a newspaper in the same county, if one be published there, and if not, then in a newspaper published in an adjoining county, and continued therein for six successive weeks.

(1608.) SEC. 6. Every finder of lost goods or stray animals,

1

Goods and Stray

of the value of ten dollars or more, shall, within three months, Appraisal of Lost and before any use shall be made thereof, procure an appraisal Beasts. of the same to be made and certified by a Justice of the Peace of his township, which appraisal he shall, within said three months, cause to be filed with the Township Clerk; and he shall pay to such Justice fifty cents for such appraisal and certificate, and six cents for each mile necessarily traveled by him in such service, and to the clerk six cents for filing the certificate.

etc., to have res

(1609.) Sec. 7. If the owner or person entitled to the pos- when owner, session of any such money or goods, other than stray animals, titution. shall appear at any time within one year after such entry with the Township Clerk, and make out his rights thereto, he shall have restitution of the same, or of the value thereof, upon his paying all the costs and charges aforesaid, together with a reasonable compensation to the finder for keeping and taking care of the same, and for his necessary travel and expenses in the case; which charges shall, in case of disagreement between the owner and finder, be determined by some Justice of the Peace of the township, who shall certify the same.

shall remain

Township entitled

value.

(1610.) SEC. 8. If no owner or person entitled to the posses- when goods, etc., sion of the same shall appear in one year, then such lost with finder, and money or goods shall remain to the finder, he paying one half to one half of of the value thereof to the Treasurer of the township, according to said appraisement, after deducting from such. value all the fees and charges aforesaid, to be determined and certified by a Justice of the Peace as aforesaid; and upon the neglect or refusal to pay the said half of the value, the same shall be recovered by the Township Treasurer, in an action of debt, or on the case.

etc., to have res

Beasts.

(1611.) SEC. 9. If the owner or person entitled to the pos- When Owner, session of any such stray beast, shall appear within six months titution of Stray after such entry with the Township Clerk, and shall make out his right thereto, he shall have restitution of the same, upon paying all lawful charges as before provided in the case of lost goods.

Beasts, and dis

ceeds.

(1612.) SEC. 10. If such owner or person entitled to the sale of Stray possession of the same, shall not appear and make out his title position of pro to the animals, within the said six months, such animals shall be sold at the request of the finder, by any constable of the township, at public auction, upon first giving notice thereof in writing, by posting up the same in three of the most public places in such township at least ten days before such sale,

When Owner, etc., to receive

ted with Town

and the finder may bid therefor at such sale; and the moneys arising therefrom, after deducting all the lawful charges aforesaid, and the fees of the constable, which shall be the same as upon a sale on execution, shall be deposited in the Treasury of the township.

(1613.) SEC. 11. If the owner or person entitled to the posMoneys deposi session of any such animal, shall appear within one year after ship Treasurer. the entry with the Township Clerk as aforesaid, and establish by his own affidavit, or otherwise, to the satisfaction of the Township Treasurer, his title thereto, he shall be entitled to receive the money so deposited in the Township Treasury, from the proceeds of the sale; and if no owner or person entitled to the possession of the same shall appear within the said year, such money shall belong to the township.

Finder neglecting

to Advertise,

fit of this Chap

tor.

(1614.) SEC. 12. If the finder of any lost money, goods, or etc., to lose bene stray beasts shall neglect to cause the same to be entered, advertised, or notice thereof to be posted, as directed in this chapter, he shall be precluded from all the benefits of this chapter, and from all claim for keeping such goods or animals, or on account of any charges in relation thereto.

Liability of per

son unlawfully

Animals.

(1615.) SEC. 13. If any person shall unlawfully take away taking Stray any animal, taken up as a stray pursuant to the provisions of this chapter, without paying all the lawful charges incurred in relation to the same, he shall be liable to the finder thereof to the value of such animal, which may be recovered in an action of trespass, or on the case.

When Horses, (1616.) SEC. 14. If any horses, mules or oxen, of sufficient moderately work age and strength, and used to work, shall be taken up under

etc., may be

d by finder.

the provisions of this chapter as strays, and shall not be reclaimed by the owner within one month after the entry thereof with the Township Clerk, the person taking up the same may moderately and carefully work such horses, mules, or oxen, within the township where they were so taken up; and the value of such labor shall be deducted from the charges aforesaid.

« ПредыдущаяПродолжить »