3108. The inhabitants of any city, town, village, or neighborhood may by subscription or otherwise purchase or receive by gift or donation, lands not exceeding five acres, to be used as a cemetery, the title thereof to be vested in such inhabitants, and when once dedicated to use for burial purposes must thereafter be used for no other purpose. 3109. The public cemeteries of cities, towns, villages, or neighborhoods must be inclosed and laid off into lots, and the general management, conduct, and regulation of interments, permits to inter, or remove interred bodies, the disposition of lots, and keeping the same in order, is under the jurisdiction and control of the cities and towns owning the same, if incorporated; if not, then under the jurisdiction and control of the Board of Supervisors of the county in which they are situated. § 3110. The Board of Supervisors, City Trustees, or other corresponding authorities having jurisdiction and control of cemeteries, may make general rules and regulations therefor, and appoint sextons or other officers to enforce obedience to the same, with such other powers and duties regarding the cemetery as they may deem neces sary. § 3111. The authority having control of a public cemetery must require a register of name, age, birth-place, and date of death and burial of every body interred therein, to be kept by the sexton or other officer, open to public inspection. Pol. Code 54. § 3136. CHAPTER VI. LOST AND UNCLAIMED PROPERTY. Article I. Lost Money and Goods. ARTICLE I. LOST MONEY AND GOODS. Duty of persons finding lost money, etc. § 3138. § 3139. § 3140. months. Finder to restore property. Owner may sue. § 3141. Finder, failing to make discovery, penalty. 3142. Proof, how made. six § 3136. If any person find any money, goods, things in action, or other personal property, or shall save any domestic animal from drowning or from starvation, when such property shall be of the value of ten dollars or more, he must inform the owner thereof, if known, and make restitution without compensation, further than a reasonable charge for saving and taking care thereof; but if the owner is not known to the party saving or finding such property, he must, within five days, make an affidavit before some Justice of the Peace of the county, stating when and where he found or saved such property, particularly describing it; and if the property was saved, particularly stating from what and how he saved the same, stating therein whether the owner of the property is known to him, and that he has not secreted, withheld, or disposed of any part of such property. [Approved March 30. In effect July 6, 1874.] Finder-rights, duties, and liabilities of: See Civ. Code, secs. 1864-1872. Wrecks and wrecked property: Secs. 2403-2418. Lost property-larceny of: See Pen. Code, sec. 485. Former provisions as to water craft found adrift, and lost money and property: Stats. 1850, p. 156. § 3137. The Justice must then summon three disinterested householders to appraise the same. The appraisers, or any two of them, must make two lists of the valuation and description of such property, and sign and make oath to the same, and deliver one of the lists to the finder, and the other to the Justice of the Peace. § 3138. The Justice must file such list, and the finder must transmit a copy of the same to the Recorder of the county, who must record the same in a book known as the "Estray and Lost Property Book," within fifteen days, and the finder must at once set up at the Courthouse door and four other public places in the township or city a copy of such valuation and description of property. § 3139. If no owner appears and proves the property within six months, and the value thereof does not exceed twenty dollars, the same vests in the finder; but if the value exceed twenty dollars, the finder must, within thirty days after setting up the list mentioned in the preceding section, cause a copy of the description to be inserted in some newspaper printed in the county, if there be one, and if not, in some newspaper printed in the State, for three weeks; and if no owner prove the property within one year after such publication it vests in the finder. § 3140. If, within one year, an owner appears and proves the property and pays all reasonable charges, including fees of officers, the finder must restore the same to him. On failure to make restoration of such property, or the appraised value thereof, on being tendered such charges and fees, the owner may recover the same or the value thereof by civil action in any Court having jurisdiction. § 3141. If any person find any money, property, or other valuable thing, and fail to make discovery of the same as required by this article, he forfeits to the owner double the value thereof. Failing to make discovery-is larceny: Penal Code, sec. 485. $ 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. County Court-superseded by Superior Court: (See Code Civ. Proc., secs. 65-79), pursuant to Const. Cal., 1879, art. 22, sec. 3. Lost warrants, act relating to payment of: See General Laws, title "Lost Warrants." ARTICLE II. UNCLAIMED PROPERTY. § 3152. Carriers may retain goods until charges paid. § 3153. Property unclaimed within sixty days to be sold. 3154. Proceeds unclaimed, where to go. 3155. Carrier's responsibility ceases, when. § 3156. Property upon which advances are made may be sold. § 3157. Fees of officers. § 3152. When any goods, merchandise, or other 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. Carrier-delivery and storage by: Civ. Code secs. 2118-2121; relief from liability, Civ. Code, secs. 2131, 2132; lien for freightage, Čiv. Code, sec. 2144. $ 3153. If no person calls for the property within sixty days from the receipt thereof and pays freight and charges thereon, the carrier, commission merchant, 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. § 3154. If the owner or his agent fails to demand such surplus within sixty days of the time of such sale, then it must be paid into the County Treasury, subject to the order of the owner. § 3155. After the storage of goods, merchandise, or property, as herein provided, the responsibility of the carrier ceases, nor is the person with whom the same is stored liable for any loss or damage on account thereof, unless the same results from his negligence or want of proper care. morche $ 3156. When any commission warehouseman receives on consignment produce, merchandise, or other property, and makes advances thereon, 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, merchandise, 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. |