Proof, how made. 3142. The proof required by this Article must be made before the Clerk with whom the list provided for herein is filed, and if he is satisfied therefrom that the person claiming to be is the owner, he must certify that fact under his hand and the seal of the County Court. NOTE.-The preceding Article is substituted for an Act concerning water craft found adrift, and lost money and property.-Stats. 1850, p. 156. The material changes made are: 1. In establishing a uniform rule applicable alike to all kinds of lost property. 2. In vesting the title of the property in the finder instead of in the county in which it is found. It is certainly just that when property cannot be restored to the owner the title ought to vest in the person whose care and expenditure has preserved it, and that no sufficient reason can be adduced for taking it from him and giving it to a county which has neither run risk nor incurred expense in relation to it. Common carriers goods until charges are paid. ARTICLE II. UNCLAIMED PROPERTY. SECTION 3152. Common carriers may retain goods until charges are paid. 3152. 3153. Property unclaimed within sixty days to be sold, how. 3154. Proceeds unclaimed, where to go. 3155. Carrier's responsibility ceases, when. 3156. Property upon which advances are made may be sold, when. 3157. Fees of officers. When any goods, merchandise, or other may retain property has been received by any railroad or express company, or other common carrier, commission merchants, innkeepers, or warehousemen, for transportation or safe keeping, and are not delivered to the owner, consignee, or other authorized person, the carrier, commission merchant, innkeeper, or warehouseman, may hold or store the same with some responsible person, until the freight and all just and reasonable charges are paid. NOTE.-See Civil Code Cal., Vol. 1, Secs. 2118, 2119, 2120, 2121, and 2122, and notes, for delivery and storing; also, relief from liability, id., Secs. 2131, 2132, and notes. Lien for freightage, id., Sec. 2144. unclaimed sixty days 3153. If no person calls for the property within Property sixty days from the receipt thereof and pays freight within and charges thereon, the carrier, commission merchant, to be sold, innkeeper, or warehouseman may sell such property, or so much thereof, at auction to the highest bidder, as will pay freight and charges, first having given twenty days notice of the time and place of sale to the owner, consignee, or consignor, when known, and by advertisement in a daily paper ten days (or if in a weekly paper, four weeks), published where such sale is to take place; and if any surplus is left after paying freight, storage, cost of advertising, and other reasonable charges, the same must be paid over to the owner of such property at any time thereafter, upon demand being made therefor within sixty days after the sale. unclaimed, 3154. If the owner or his agent fails to demand Proceeds such surplus within sixty days of the time of such where to sale, then it must be paid into the County Treasury, subject to the order of the owner. go. responsi ceases, 3155. After the storage of goods, merchandise, or Carrier's property, as herein provided, the responsibility of the bility carrier ceases, nor is the person with whom the same when. is stored liable for any loss or damage on account thereof, unless the same results from his negligence or want of proper care. upon which are made sold, when. 3156. When any commission merchant or ware- Property houseman receives on consignment produce, merchan- advances dise, or other property, and makes advances thereon, may be either to the owner or for freight and charges, he may, if the same is not paid to him within sixty days from the date of such advances, cause the produce, mer 74-VOL. I. Fees of officers. chandise, or property on which the advances were made, to be advertised and sold as provided herein. 3157. The fees of officers under this Chapter are the same allowed for similar services in other cases provided in this Code, to be paid by the taker up or finder and recovered of the owner. CHAPTER VII. MARKS AND BRANDS. ARTICLE I. MARKS AND BRANDS. II. REGULATIONS RELATING TO MARKS AND BRANDS. Owners of cattle to keep a mark, counter ARTICLE I. MARKS AND BRANDS. SECTION 3167. Owners of cattle to keep a mark, brand, and counter brand. 3168. To record brands. Fees. 3169. Recorders' duties respecting recorded marks, etc. 3170. Marks and brands not lawful unless recorded. Only one mark or brand to be used. 3171. Certain marks not allowed. 3172. At what age certain animals shall be branded, and brands evidence of ownership. 3167. Owners of horses, mules, cattle, sheep, goats, or hogs running at large must have a mark, brand, and brand, and counterbrand different from any one in use by any other person, so far as may be known. brand. NOTE.-Stats. 1851, p. 411, Sec. 1. See, also, Penal Code Cal., Sec. 357. Describing cattle by the brand simply in a bill of sale, and delivering it, together with the branding iron, was held not to be a delivery of the possession of the cattle running at large, though branded with it.-Walden vs. Murdock, 23 Cal., p. 540. brands. 3168. Every owner must record with the Recorder To record of the county his mark, brand, and counterbrand by delivering to the Recorder his mark, cut upon a piece of leather, and his brand and counterbrand burnt upon it, which shall be kept in the Recorder's office. A certified copy thereof made by the Recorder, with the seal of his office attached thereto, is evidence on the trial of any action in a Court of competent jurisdiction as to the ownership of all animals legally marked or branded. The Recorder must enter in a book to be kept by him for that purpose a copy of the marks, brands, and counterbrands; but he must first be satisfied that such brand and counterbrand tendered to him for record is unlike any other mark, brand, or counterbrand in the county, and, as far as his knowledge extends, is different from any other in the State. For recording the mark, brand, and counterbrand the Fees. Recorder is entitled to demand and receive one dollar. NOTE.-Stats. 1851, p. 411, Sec. 2; 1861, p. 373, Sec. 1. duties recorded 3169. Every Recorder in this State must transmit Recorders' to the Recorders of the adjoining counties a transcript respecting of all the marks, brands, and counterbrands recorded marks, etc. in his office, to be filed by such Recorders in their offices, and reference thereto must be made in every case of application for the record of marks and brands. NOTE.-Stats. 1851, p. 413, Sec. 11. 3170. No mark, brand, or counterbrand is lawful unless recorded as provided in this Article, nor shall any person use more than one mark or brand, unless he is the owner of more than one ranch or farm. NOTE.-Stats. 1851, p. 412, Sec. 3; 1857, p. 131, 3171. No person must use a mark by cutting off the ear or by cutting the ear on both sides to a point. NOTE.-Stats. 1851, p. 413, Sec. 10. Marks and lawful recorded. brands not unless Only one mark or brand to be used. Certain allowed. marks not At what age certain animals shall be branded, evidence of 3172. Every person must mark or brand his horses and mules before they are eight months old, and cattle and brands before they are twelve months old, on the hip or hinder ownership. part; and mark or brand his sheep, goats, and hogs before they are six months old. On the trial of any action to recover the possession of any animal which is marked or branded, the mark or brand is primary evidence that the animal belongs to the owner of the mark or brand. When a dispute occurs in regard to a mark or brand, the person first recording the same is entitled thereto. NOTE.-Stats. 1861, p. 373, Sec. 2; 1865-6, p. 333, Sec. 5. Regulations for selling cattle, etc. Penalty for using more than one mark or an unrecorded mark. ARTICLE II. REGULATIONS RELATING TO MARKS AND BRANDS. SECTION 3182. Regulations for selling cattle, etc. 3183. Penalty for using more than one mark or an unrecorded mark. 3184. Fraudulently mismarking cattle. 3185. Hides of slaughtered cattle to be kept. 3182. Persons selling cattle, horses, mules, jacks, or jennies, must counterbrand them on the shoulders, or give a written descriptive bill of sale. NOTE.-Stats. 1861, p. 373, Sec. 3. To counterbrand one shoulder of one animal is all that is required byɩ this section. 3183. Any person who uses any mark, brand, or counterbrand other than the one recorded by him, except by the consent of the owner of such other mark, brand, or counterbrand, or uses more than one mark, brand, or counterbrand otherwise than is provided in Article I, or suffers his ward, child, apprentice, or servant to use any other than his own mark, brand, or counterbrand on those of the stock they run with, forfeits to any person suing therefor the stock so marked or branded with any other than the |