The weekly Ottumwa courier. [volume] (Ottumwa, Iowa) 1857-1872, 1870-06-23

lowing is enacted in lieu thereof:
that all goods, wares, merchandise, or
Other property which has been trans
ported by, or stored or left with any
warehousernen, forwarding and COM
mission merchant, or any othcr
depositoriua, express companies, and
common carriers, shall be subject to
q lien for the just and lawful charges
on the samc, and for tho transporta-
ton, advances and storage thereof.
Sec. 2. That if any goods, wares,
merchandise, or other property, shall
for six months remain In the possess
ion, unoalled tor and unclaimed, of
any forwarding or commission NOR.
chant. warehouseman, or any other
depository, express company, or
other. common carrier, with the just
and legal charges unpaid thereon,
the person or persons having tho
same in charge or possession shall
first give notice to the owner or con-
signee, if his or their whereabouts is
known, end if not known, and if such
goods are not at once taken away,
then shall 60 before some justice Of
the peace of the township city, vii.
lago, or locality where the same are
held, if any there be therein, and if
not then before the next nearest JUS
tico ofthe peace of the county, and
make affidavit, stating tie time and
place where such goods wares mer-
chandise, or other property were
received, the marks or brands by
which such goods are designated. if
any, and if not so designated, then by
such other description or designations
as may best answer the purpose of
indicating what the goods are. and
shall also state the probable value Of
the same, and to whom consigned !;
also tho charges paid upon such
goods, accompanied by the original
receipt for such charges, if any, due
and unpaid, and whether tho where
abouts of the owner or consignee of
such goods is known to the affiant,
and if so, whether notice was first
given to him or them, as hereinbe-
fore provided, which affidavit shall
be filed by the said justice of the
peace in his office, and retained by
him in the files of his Office for the
inspection of any one interested in
the same, and he shall also enter in
his estray book q statement, of the
contents Of affidavit, and time and
place, where and by whom the same
was made, for which he shall receive
the sum ofone dollar tee, to be paid
by the affiant.
Sec.3 That after the preliminary
steps are taken in compliance with
section two of this act, il such goods
still remain unclaimed and uncalled
for, and charges are no, paid thereon
then the person in possession Of tho
goods either by himself OF agent,
where probable value Of goods does
not exceed the sum of one hundred
dollars, shall advertise the same for
sale tor the period of fourteen days,
by posting five notices in five of the
most public places in tho city or To-
eality whore said goods are held
giving such description of them as
will indicate what tho goods to be
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 ad-
diLion to the five notices posted,
there shall be publication of the
notice of sale for the same length of
time, in some newspaper of general
circulation in the locality where the
goods are held If there be one, and
if not, then the next nearest news
paper published in that neighbor-
hood, at the end of which period, if
tho goods are still unclaimed and un-
called for, or charges unpaid, the
agent or party in charge of said
goods shall sell tho Same at public
auction, between the hours Of ten
o'clock q. m. and four o'clock p. M,
for the highest price the Same will
bring in cash, which sale may be con-
tinued from day to day, by public
announcement to that effect at the
time of adjournment, until all the
goods are sold, and from the proceeds
Of such salo, the said party who held
said goods, shall take and appropri-
ate a sufficient sum to pay all charges
on said goods, and all costs and ex-
penses of sale; the cost of advertis-
ing to be no moro than in the case of
constable or sheriff s sale, and the
same to be conducted in similar
manner.
Sec. 4. Porishablo property, such
as fruit, fresh fish, oysters, game,
&C., shall be retained twenty four
hours, and if not claimed within that
time and 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 holding
tho property, for the highest price
that the same will bring, and the
proceeds of the sale disposed of the
same as provided by this act pro-.
vided, that in both cases, if the own.
or or consignee Of said unclaimed
property shall reside in the Same city,
town or locality, in which said prop
erty shall be, and shall be known to
the agent or party having the same
in charge, then personal notice shall
be given to said owner or consignee,
in writing, that said goods are held
subject to his order, on payment Of
charges, and that unless he pays said
charges, and removes the property,
the same will be sold as provided by
law. Ii as ts., ..5a7. yI,gl.f.
Sec. 5. That after tho charges due
and unpaid on the goods, and the ex-
ponscs and costs of sale have boon
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 DO by him forthwith deposited
with the county treasurer of the
county where the goods were held
and sold, subject to tho order Of tho
owner, said ownership being proper
ly authenticated under oath. He
shall also file with the county treas
urer schedule of tho property with
the name Of the consigned or owner,
if known, of each piecc of property
sold, the sum realized from the sale
Of each separate package, describing