custody thereof, or, in case of their default in so doing, then by the railroad company transporting them, at the expense of said owners or persons in custody thereof, and said company shall have a lien such animals for food, Co. to have lien. upon care, and custody furnished, and shall not be liable for any detention of such animals authorized by this at. Any railroad company, owner, or custodian of such animals who shall fail to comply with the provisions of this section, shall for each and every such offense be liable for, and forfeit and pay a penalty of not less than one hun- Penalty for faildred and not greater than five hundred dollars: Provi- Proviso: proper ded, however, That when such animals shall be carried in care in cars, cars in which they shall and do have proper food, water, space and opportunity for rest, the foregoing provisions, in regard to their being unloaded, shall not apply. ure to comply. abandoned ani SEC. 4. Any person may take charge of any animal Person caring for whose owner has abandoned it, [or] who fails to properly mal to have llen take care and provide for it, and may furnish the same title when. on same, and with proper shelter, nourishment, and care, at the owner's expense, and shall have a lien on such animal for the same, which lien at the expiration of three months shall become a perfect title to the property, as provided in 1862: ch. 102. chapter 102, laws of the Ninth General Assembly. act defined. SEC. 5. In this act the word "animal" or "animals " Terms used in shall be held to include all brute creatures, and the word[s] 66 owner," "person," and "whoever," shall be held to include corporations as well as individuals, and the knowledge and acts of agents of, and persons employed_by, corporations, in regard to animals transported, owned, or employed by, or in custody of such corporations, shall be held to be the acts and knowledge of such corporations. constabl's, police SEC. 6. It shall be the duty of all sheriffs, deputy- Duti's of sheriff's, sheriffs, constables, police-officers, and city marshals, to men, and city prosecute all violations of the provisions of this act which marshals, shall come to their notice or knowledge, and all fines and forfeitures collected under of this act shall be paid into the county treasury for the use of the schoolfund where the offense for which the fine was imposed was committed. Keeping SEC. 7. Any person who shall keep or use, or in any pits, etc., way be connected with, or interested in the management of, or shall receive money for the admission of any person to any place kept or used for the purpose of fighting or baiting any bull, bear, dog, cock, or other creature, and every person who shall encourage, aid, or assist therein, or who shall suffer or permit any place to be so kept or used, and any person who shall engage in, aid, abet, cock and causing fights between animals, a misdemeanor. pounded to be encourage or assist in any bull, bear, dog, cock-fight or a fight between any other creatures, shall, upon conviction thereof, be adjudged guilty of a misdemeanor. SEC. 8. Any person who shall impound or confine, or Animals im cause to be impounded or confined, in any pound or other cared for; neg- place, any creature, shall supply to the same, during such lect thereof a confinement, a sufficient quantity of food and water, and misdemeanor. in default thereof shall, upon conviction, be adjudged guilty euter pound to lected, of a misdemeanor. SEC. 9. In case any creature shall be at any time Any person may impounded as aforesaid, and shall continue to be without feed animal neg- necessary food and water for more than twelve successive hours, it shall be lawful for any person, from time to time, and as often as it shall be necessary, to enter into and upon any pound, in which any such creature shall be so confined, and to supply it with necessary food and water so long as it shall remain so confined; such person shall not be liable to any action for such entry, and the reasonable cost of such food and water may be collected by him of the owner of such creature. animals diseased SEC. 10. It shall be lawful for any sheriff, constable, Destruction of police-officer, officer of any society for the prevention of or unfit for furth- cruelty to animals, or any magistrate, to destroy any horse or other animal having the disease called and known as the glanders, or any disabled creature unfit for further er use. SECTION 1. Be it enacted by the General Assembly of RR. cos. etc., not the State of Iowa, That it shall be unlawful for any to allow thistle railway company, or other corporations, within this State to allow any Canada thistle to blossom or mature on any railway-line or depot-grounds, or any lands owned or to grow. Road-supervisor, Occupied by such company or corporation. same. SEC. 2. It shall be unlawful for any road-supervisor to allow any Canada thistles to blossom or mature on any road or highway under his jurisdiction. SEC. 3. It shall be unlawful for any owner or agent or Land -holders, lessee or other person having control of any lands within same. this State, to allow any Canada thistles to blossom or mature on any lands owned or occupied by them. demeanor. SEC. 4. If any road supervisor, corporation, or per- Violation a misson, after having been notified in writing of the presence of the Canada thistles on the places hereinbefore referred to, permit such thistles to blossom or mature shall be guilty of a misdemeanor and punished accordingly. tices. SEC. 5. The notice may be served on any ticket or service of station agent of any railroad company nearest the place where such thistle is found. SEC. 6. All acts and parts of acts inconsistent with Repeal. this act are hereby appealed. Approved, April 16, 1870. no CHAPTER 178. UNCLAIMED GOODS. AN ACT to Repeal Chapter 81 of the Revision of 1860, and to Reg- APRIL 16. repealed. lien for charges. SECTION 1. Be it enacted by the General Assembly of the State of Iowa, That chapter 81 of the Revision of Revision: ch 81 1860, is hereby repealed, and the following is enacted in lieu thereof: That all goods, wares, merchandise, or other Goods subject to property which has been transported by, or stored or left with, any warehouseman, forwarding and commission mer- Warehouseman. chant, or any other depositaries, express companies, and Other depositarother common carriers, shall be subject to a lien for the ies. just and lawful charges on the same, and for the transportation, advances, and storage thereof. where goods are uncalled for and SEC. 2. That if any goods, wares, merchandise, or Proceedings other property, shall for six months remain in the posses- on hand six mo's sion, uncalled for and unclaimed, of any forwarding or unclaimed. commission merchant, warehouseman, or any other depositary, express company, or other common carrier, with the just and legal charges unpaid thereon, the person or persons having the same in charge or possession shall first if known; davit before jus tice. affidavit; Notice to owner, give notice to the owner or consignee, if his or their whereabouts is known, and if not known, and if such goods are not at once taken away, then shall go before some justice of the peace of the township, city, village, or locality where the same are held, if any there be therein, and if unknown, affi- if not then before the next nearest justice of the peace of the county, and make affidavit, stating the time and place where such goods, wares, merchandise, or other property Statements of 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 the charges paid upon such goods, accompanied by the original receipt for such charges, and by the bill of lading, also the other charges, if any, due and unpaid, and whether the whereabouts 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 hereinbefore 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 a statement of the contents 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 affiant. ustice to file. Fee. be posted. 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 the same for sale for the period of fourteen days, by posting five notices in five of Notice of sale to the most public places in the city or locality where said goods are held, giving such description of them as will indicate what the 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 addition to the five notices posted, there shall be a Advertisement. 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 newspaper published in that neighborhood; at the end of which period, if the goods are still unclaimed and uncalled for, or charges unpaid, the agent or party in charge of said goods shall sell the same at public auction, between the hours of ten o'clock A. M. and four o'clock P. M., for the highest price the same Sale. will bring in cash, which sale may be continued 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 sale, the said party who held said goods shall take and appropriate a sufficient sum to pay all Proceeds to pay charges on said goods, and all costs and expenses of sale; the cost of advertising to be no more than in the case of Cost of advertisa constable or sheriff's sale, and the same to be conducted ing. in a similar manner. charges. erty, after 24 affidavit. SEC. 4. Perishable property, such as fruit, fresh fish, Perishable prop. oysters, game, &c. shall be retained twenty-four hours, hour's retention, and if not claimed within that time and charges paid, may be sold, after 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 the 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: Provided, That, in both cases, if the owner or Proviso. 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 party having the same in charge, then personal notice shall be given to Personal notice 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. to owner, when. Surplus of proceeds to be detreasurer, subject posited with co. to ord'r of own'r. SEC. 5. That after the charges due and unpaid on the goods, and the expenses and 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 shall also file with the county treasurer a schedule of Agent to fill the property, with the name of the consignee or owner, if erty, etc. known, of each piece of property sold, the sum realized from the sale of each separate package, describing the same, together with a copy of the advertisement as hereinbefore provided, and a full statement of the receipts of the sale, and the amount disbursed to pay charges, costs, and expenses of sale, all of which shall be under the oath under oath; of the party or his agent, as to the truth and correctness thereof, which schedule, statement, oath, and advertisement schedule of prop |