The Kansas herald of freedom. [volume] (Wakarusa, Kan. Territory) 1854-1860, 1859-05-28

SEC. 5. If the appraisement Of the
property exceeds thirty dollas, in addi-
ton to the notices above directed, the
county clerk shall publish for four weeks,
in some newspaper iI his county, or, il
there be none, then in some other county,
a notice Of the time and place Of finding
with the finders name and general des-
cription of the property aud, If no
owner appears and proves his property,
within twelve months from the time the
notices above directed were first published,
the fiuder may take the property, and
the right thereto shall be vested in him,
if he will pay the expenses and pay one
half the appraised value, deducting the
charges, into the county treasury.
SEC. 6. II the finder does not take the
property upon the above terms, the county
clerk shall issue a warrant under his hand
to the sheriff or constable, to sell the
property in the same manner as on exc
cution, and, having deducted the whole
charges, to pay one-half the remainder
into the county treasury, and the other
half to the finder; but, if the owner ap-
pears before the sale takes place. he may
still prove his property and pay the
charges as above provided, and the sale
may then be adjourned therefor.
Sec Z. If the appraisement of the
property exceeds one hundred dollars,
and the property does not consist of do
mestic animals, i. shall be kept two years
for the owners appearance, and the sale
provided for in the two preceding Sec
tions shall not take place within that
time.
Sec. 8. But, if the property in any of
the cases above contemplated consists of
domestic animals, and the notice is given
or the papers filed in the county Office
after the first Of December, and before
the first day of April, nine months shall
be required to pass before the proceed
ings 20 vest the property in the finder or
for sale to take place shall be had.
Sec 9. No person is authorized to take up
straying animals (save stations, jacks aud
trespassing animals,) except in the civil
township in which he resides, nor shall
the property in them vest in the finder
before the first day of December, if taken
up after the last day of March.
Sec 10. When money, other than cost,
is paid into the county treasury, under
any of the preceding provisions, the
owner of the property will be entitled to
the money, on making claim thereof
within six months from the time it was
paid in, and proving his right to the salts
faction Of the county clerk.
Sec. IL. The certificate of the county
clerk, the return of sheriff or constable,
or the affidavit of an Indifferent person Of
the giving the notices above required,
accompanied by one of the notices or O
copy thereof, and filed with the clerk,
shall be prima facie evidence of the facts
stated in the certificate, return or aft
davit.
Sec. IL. No property, such as above
intended, shall vest in the finder, unless
he has substantially pursued the direc-
tons of this chapter.
Sec. Is. If the charges of the finder
cannot be agreed upon by him and the
county clerk, or, when claimant appears
by him and the finder, they shall be set
tied by the county clerk or justice oil
the peace, upon cnse made by the above
parties and, if the finder refuses to make
a case, he shall receive no charges, and il
| the owner refuses, the clerk or justice
shall decide without it.
SEC. IA. If such case be made be-
tween the finder and the county clerk
the costs of the case shall be taken from
the proceeds Of the properly; if between
the finder and the owner, each shall pay
one half the costs which the clerk o.
justice may demand before adjudication
SEC. Is. If the ownership of the prop
erty cannot be agreed upon by the fnde
and the claimant, they may make cast
before the county clerk or any justice o
the peace, who may hear and adjudicate it
and, if either of them refuses to max,
such case, the other may make an afida
Wit of the facts which have previously
occurred (and the claimant shall ais
verify his claim in his atidavit,) and tn,
clerk or justice may take cognizance o
and try the matter on the other part,
having one days notice, but there shall
be no appeal from the decision. Thi
section does not bar any other remed,
given by law.
SEC 16. When the property foun'
consists Of more than one item Or indi
vidual, the value above spoken of a
governing the proceedings, means thei
aggregate value.
| SEC. II. As reward for stopping
taking up and securing any property a
4 aforesaid, the finder shall be entitled I
one dollar at least, and ten per cent. o
the appraised value above ten dollarl
and his expenses in securing and keepin
it. But there shall be no compensate
allowed for keeping working animal
taken up under this act
Il SEC. IS. The following charges sha
be allowed, viz To the justice for til
initiatory proceedings, fifty cents to th
county clerk, one dollar; and, whe
J there is an advertisement in a newspape
one dollar additional; the fee for prin
J ing; to the sheriff or constable, the sam
fees as for similar services in actions b
fore justices to each appraiser, fft
cents to the justice for deciding the cai
, concerning the charges, seventy-fiye cent
which charges, except sheriG's and cor
} stables compensation. shall be paid }
the finder and allowed him out Of Il
4 property, or be paid BY the owner.
4 SEC. 10. ANY stallion or jack, bul
boar or ram. running at large, shall be q
, counted an estray.
SEC. 20. This act to take effect and |
y in force from and after the first day
June next e
Approved February IL, 1859.
a s. MEDARY, Governor.