The Tipton advertiser. [volume] (Tipton, Cedar Co., Iowa) 1856-1962, 1870-10-13

tents Of the affidavit, and time and place
where and by whom the same was made
for which he shall receive the sum Of
one dollar fee, to be paid by the afit-
ant.
! Sec. 3. That after the preliminary
steps are taken in compliance with
section two Of this act, If such goods
still remain unclaimed and uncalled for
and charges are not paid thereon, then
the person in possession of the goods
either by himself or his agent, where
the probable value Of the goods does not
exceed the sum of one hundred dollars,
shall advertise for sale for the period Of
fourteen days, by posting five notices In
five of the most public places in the city
or locality where said goods are held,
giving such description of them "a will
| indicate what the goods to he sold are:
but when the goods exceed the probable
value of one hundred dollars, then the
length Of notice given shall be four
weeks, and in addition to the five MOTTO
es posted, there shall be n publication of
the notice Of sale for tke same length Of
time, in some newspaper Of general cir
culation, in the locality where the goods
are held, ifthere he one, and II not, then
the next nearest newspaper published
in that nciuhhorho0d. ut the end of
which period, If the goods are still un-
claimed and uncallei for, or charges un-
paid, the agent orparty in charge Of sail
goods shall sell the same mt public auc-
ton, between the hours OF ten o'clock A
NJ. and four o'clock y. NJ, for the highest
price the same will bring In cash, which
sale may be continued from day to day,
by public announcement To that effect Mt
the time of adjournment, until all the
goods are sold, and from the proceeds
of such sale, the said party who held
said goods, shall take and appropriate
sufficient sum to pay all charges on said
goods and all costs and cXpenCes Of
sale; the costs of u constable OF sherifi's
sale, and the same to I've conducted in
similar manner
Sec. 1. Perishable property, such as
fruit, fresh fish, oysters, game, &c.
shall be retained that time ana charges
paid, after the proper affidavit is made
AS required by section two Of this act,
may be sold either at public or private
sale, in the discretion Of the party hold
ing the property, for the highest price
that the same will bring, and the pro-
cceds ofthc sale disposed Of the same ~
provided by this act; PrOrided, that in
both eases, IL the owner or consignee Of
said unclaimed property shall reside in
the same city, town or locality in which
said property shall be, and
shall be Known To the agent or par
ty having the same in charge, then
personal notice shall be given to said
owner or consignce, in writing, that
said goods are held subject to his order,
on payment Of charges ana that unless
he pays said charges, and removes tho
property, the same will be sold as pro-
vided by law.
Sec. 5. That after the charges due
and unpaid on the goods, and tho en-
penses aud costs of sale have been taken
out of the proceeds of sale as provided
by this act, the excess in the hands Of
the agent or person who was in charge
of the goods sold, shall be by him
forthwith deposited with the county
treasurer Of the county where the goods
were held and sold, subject to the order
of the owner, said ownership being
properly authenticated under oath He
-, al
schedule ofthe property with the name
of the consignec or owner, if known, OF
each piece Of property sold, the sum re.
allied from the sale of each separate
package, describing the same, together
with "A copy of the advertisement as here
inbefore provided, and full statement
of the receipts OF the sale, and tho
amount disbursed to pay charges, costs
and expenses of sale, ali of which shall
be under the oath of the party or his
| agent, as to the truth and correctness
thereof, which schedule, statement,
oath and advertisement, shall all be tl-
ed and preserved in the treasurer's
office, for the inspection Of any one iu-
terested in the same.
Sec 6. Should the owner of the prop.
erty so sold, not make a demand upon
the county treasurer for any money
that may be in the treasury To his credit
according to the provisions Of this act,
| the sum SO unclaimed and uncalled for
| shall lie accounted for by the county
! treasurer, aud placed TO the credit of the
/ county in the next subsequent settles
ment made by the treasurer with the
county, and should the sum so unca!l-
ed for or unclaimed remain unclaimed
! and uncalled for during the period of
one year, it shall then be paid into the
! school fund to be distributed as other
funds may be by law, which may be
! raised by tax on other property of the
county. But nothing herein contained
| shall he a bar to any legal claimant from
! prosecuting and proving his claim for
/ such money at any time within ten
| yaars and tho claim hninr Within that