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.

defendant, when

evidence of guilt

(2011.) SEC. 3. In any suit under the provisions of the preceding Possession of section, if such logs, timber, or lumber, shall be found in the pos- presumptive session 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. (2012.) SEC. 4. Whoever shall convert to his own use, without Liability of perthe consent of the owner thereof, any logs, timber, boards, or logs, etc. 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.

son converting

CHAPTER LVIII.

LOST GOODS AND STRAY BEASTS.

Chapter forty-seven of Revised Statutes of 1846.

given.

(2013.) SECTION 1. When any person shall find any lost money Notice of finding goods, etc, how or lost goods, if the owner thereof be known, he shall 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.

Notice of finding goods, etc., how given.

Taking up stray animals.

14 Mich. 233.

Relative to notice by finder.

Township

clerk's fee.

(2014.) 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.

(2015.) 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.

(2016.) SEC. 4. Such finder shall immediately give notice 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, together with the name and residence of such finder, and shall pay to said township clerk the sum of fifty cents for entering the same and sending notice as hereinafter required; and the township clerk Notice to county shall, immediately upon receipt of such notice, make and send to the county clerk a copy of the same, who shall, immediately upon receipt thereof, enter the same in a book to be kept by him for that County clerk's purpose, and the finder shall pay to the township clerk the further sum of twenty-five cents, which sum shall be sent with the notice as aforesaid to the county clerk, and the same shall be the amount of fees said county clerk shall be entitled to receive for his services.1

clerk.

fee.

When notice to

be published in newspaper.

Appraisal of lost

goods and stray beasts.

(2017.) 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.

(2018.) SEC. 6. Every finder of lost goods or stray animals, of the value of ten dollars or more, shall, within three months, and

As amended by Act 156 of the Laws of 1871, p. 241, approved April 15, 1871.

before any use shall be made thereof, procure an appraisal 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.

titution.

(2019.) SEC. 7. If the owner or person entitled to the possession when owner, of any such money or goods, other than stray animals, shall etc., to have resappear 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.

etc., shall re

and township

half of value.

(2020.) SEC. 8. If no owner or person entitled to the possession When goods, of the same shall appear in one year, then such lost money or main with finder goods shall remain to the finder, he paying one-half of the value entitled to onethereof 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.

(2021.) SEC. 9. If the owner or person entitled to the possession when owner, of any such stray beast, shall appear within six months after such titution of stray 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.

(2022.) SEC. 10. If such owner or person entitled to the possession sale of stray of the same, shall not appear and make out his title to the animals, position of prowithin 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, 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.

When owner, etc., to receive

(2023.) SEC. 11. If the owner or person entitled to the possession moneys deposit of any such animal, shall appear within one year after the entry

ed with township treasurer.

Liabilities of finders of lost goods, etc.

.

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.

(2024.) SEC. 12. If the finder of any lost money, goods, or 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; and if any party shall willfully, and with fraudulent intent to convert the same to his own use, neglect to make such entry, or to cause the same to be advertised, as hereinbefore provided, for thirty days, he shall be deemed guilty of a Penalty of vio- misdemeanor, and on conviction thereof shall be fined not less lating the act. than ten nor more than fifty dollars, and in the default of the payment thereof, be imprisoned in the county jail for a period not exceeding ninety days.'

Liability of person unlawfully taking stray animals.

When horses, etc., may be moderately worked by finder.

(2025.) SEC. 13. If any person shall unlawfully take away 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.

(2026.) SEC. 14. If any horses, mules, or oxen, of sufficient age and strength, and used to work, shall be taken up under 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.

As amended by Act 27 of the Laws of 1867, p. 86, approved February 27, 1867.

CHAPTER LIX.

RUNNING AT LARGE OF ANIMALS.

An Act to prevent animals from running at large in the public highways.

[Approved March 27, 1867. Laws of 1867, p. 251.]

(2027.) SECTION 1. The People of the State of Michigan enact, That from and after the year one thousand eight hundred and sixty-seven, it shall not be lawful for any cattle, horses, sheep, or swine to run at large in any public highway of this State: Pro- Proviso. vided, That this act shall be operative only in those counties or parts of counties in which it shall be so determined by resolution

passed by the board of supervisors of such county.

(2028.) SEC. 2. In case the board of supervisors in any county supervisors' shall pass a resolution prohibiting any of the classes of animals prohibition. named in section one of this bill to run at large in the public highway, then in such county, after the year one thousand eight hundred and sixty-seven, the following sections of this act shall be in full force; but otherwise, they shall be null and void.

on highway or

(2029.) SEC. 3. It shall be lawful for any person to seize and take Lawful to seizo into his custody and possession any animal which may be in any private premises public highway, and opposite the land owned or occupied by him, contrary to the provisions of the foregoing section. And it shall be lawful for any person to take into his custody and possession any animal which may be trespassing upon premises owned or occupied by him.

seizure.

(2030.) SEC. 4. Whenever any such person shall seize and take Duty after such into his custody or possession any animal under the authority of the next preceding section, it shall be the duty of such person to give