, 1854-12-30
An ACT 10 relation 70 Scows, Boats. Sklffs Cano
and other water craft found adrift.

Bee. ]. Be IL enacted By the Leglsfdttrs
Aissmbly Of The Territory Of Washington,
That any person taking ny any scow, boat,
skif. canoe or other water craft found
adrift, ana cut Of the custody Of the owner,
in any stream or body Of water within or
bordering upon this territory, shall forth
with notify the owner thereof, if TO him
known, or if upon reasonable inquiry he
can ascertain the name and residence OF
the owner, and request such owner TO pay
all reasonable charges, and take such wa
ter craft away.
Sec. 2. Such notice shall be given per-
sonally or in writing; if in writing it shall
be served upon the owner, or may be sent
by mail to the post Office where such owner
usually receives his letters Such notice
shall inform the party where the scow, boat,
skiff, canoe, or other water craft was taken
up, and where it may be found, and what
amount the taker up or finder demands for
his charges.
Sec 8. In all cases where notice is not
given personally, it shall be the duty of the
taker up to post up at the post Office near
est the place where such scow, boat, skitf,
canoe, or other water craft may be taken
up, a written notice of the taking up oi
such water craft, which shall contain des-
cription of the same, with the name, if any
is painted thereon, also the place where
taken up, the place where the property
may be found, and the charge for taking
the same up. If the taker up is trading
upon such stream or body of water, such
notice shall be posted up at the first post
Office he shall pass after the taking up; and
in all cases he shall at the time when, and
place where he posts up such notice, also
mail u copy Of such notice, directed to the
post master of each post Office on said
stream or body of water, and within fifty
miles Of the place where such water craf
is taken up.
Sec. 4. Every person taking up any
scow, boat, skif, canoe, or other watel
craft so found adrift, and giving the notice
herein required, shall be entitled to receive
from the owner claiming the property, 9
reasonable compensation for his time, ser.
vices, expenses and risk in taking up said
property and taking care of the same, to
be settled by agreement between the par.
tlCos Au CdbC uO huo uOb Nlbulll bCu uuJs
after the taking up substantially complied
with the provisions of this act, in giving
the notice, be shall be entitled to no com
pensation, but shall be liable to all damage,
the owner may have suffered, and be also
liable to the owner for the value Of the use
Of said water craft, from the time of taking
it up until the same is delivered to the
owner.
Sec. 5. In case the parties cannot
agree on the amount to be paid the taker
mp, or the ownership, and the sum claimed
is less than one hundred dollars, the owner
may file a complaint, setting out the facts,
and the justice on hearing shall decide the
same with q jury, or not, and in the same
manner as is provided in ordinary civil &c
tons before justice Of the peace II the
amount claimed by the taker up is more
than one hundred dollars, the owner shall
file his complaint in the district court Of
the county where the property is, and trial
shall be had as ip other civil actions; but
II the taker up claims more than one hun.
dred dollars, and less amount Is awarded
him, be shall be liable 10 all the costs 10
the district court. And In all cases where
the taker up shall recover less amount
than has bee ter red him by the owner
or claimant o o fling his complaint,
be shall pa before the justice OF
in the distr,ei court: PrOvided, that 10 all
cases the ownel, after filing bis complaint
before justice Of the peace, shall be en-
titled to thf ession Of such water craft
upon giving ID with security to the sat
isfaetion Of iRe justice, in double the
amount claimed by the taker up. When
the complaint is filed in the district court,
the clerk thereof shall approve the security
Of the bond The bond shall be condition.
ed to pay such costs as shall be awarded
to the finder or taker up Of such scow,
boat, skiff, canoe or other water craft.
Sec. 6. In case the taker up shall use
the scow, boat, skif, canoe or other water
craft, more than is necessary to put it into
q place Of safety, he shall he liable to the
owner forssuch use and for all damage; and
in case it shall suffer injury from bis neg.
lect to take suitable care Of it, be shall be
liable to the owner for oil damage.
Sec. I. In case such water craft is of
less value than one hundred dollars, and is
not claimed within three months, the takcf
up may apply to justice Of the peace of
the precinct where the property is, who,
upon being satisfied that due notice has
been given, and that the owner cannot with
reasonable diligence be found, shall order
the scow, boat, skiff, canoe or other water
craft to be sold, and after paying the ia
ker up such sum as he shall be entitled to,
and the costs, the balance shall be paid the
county treasurer, as is provided in case Of
the sale Of estrays. In case the scow, boat,
skif, canoe, or other water craft exceeds
one hundred dollnrs, and is not claimed
within six months, application shall be
made to the district court Of the county,
and the same proceedings shall be there
upon had. All sales made under this sec
ton shall be Conducted as sales Of personal
property on execution.
Sec Il M nnrf Of th;s oof sboII ~