date of reception

entered in cer

1833, p. 112.

(1617.) SECTION 1. Whenever any personal property shall Description and be consigned to, or deposited with any forwarding merchant, of property to be wharf keeper, warehouse keeper, tavern keeper, or the tain cases. keeper of any depot for the reception and storage of trunks, 1510, p. 195. baggage, and other personal property, such consignee or bailee shall immediately cause to be entered in a book to be provided and kept by him for that purpose, a description of such property, with the date of the reception thereof.

be given to Own

(1618.) SEC. 2. If such property shall not have been left When Notice to with such consignee or bailee for the purpose of being er 5 letter. by forwarded or otherwise disposed of according to directions. received by such consignee or bailee, at or before the time. of the reception thereof, and the name and residence of the owner of such property be known or ascertained, the person having such property in his custody shall immediately notify such owner by letter, to be directed to him, and deposited in a post office, to be transmitted by mail, of the reception of such property.

Notice, when and how to be pub

lished.

property remain unclaimed.

(1619.) SEC. 3. In case any such property shall remain. unclaimed for three months after its reception as aforesaid, the person having possession thereof shall cause a notice to be published once in each week for four successive weeks in a newspaper published in the same county, if there be one, and if not, then in some paper published at the Seat of Govern ment, describing such property, and specifying the time when it was so received, and stating that unless such property shall be claimed within three months from the first publication. of such notice, and the lawful charges thereon paid, the same will be sold according to the statute in such case made and provided.

Proceedings if (1620.) SEC. 4. In case the owner or person entitled to such property shall not, within three months after the first publi cation of such notice, claim such property and pay the lawful charges thereon, including the expense of such publication, the person having possession of the property, his agent or attorney, may make and deliver to any Justice of the Peace of the same county, an affidavit, setting forth a description of the property remaining unclaimed, the time of its reception, the publication of the notice, and whether the owner of such property be known or unknown.

Inventory and

order for Sale,

by Justice.

(1621.) SEC. 5. Upon the delivery to him of such affidavit, the when to be made Justice shall cause such property to be opened and examined in his presence, and a true inventory thereof to be made, and shall make and annex to such inventory an order under his hand, that the property therein described be sold by any con stable of the city or township where the same shall be, at public auction, upon due notice.

Constable to give notice and sell property.

Return of Constable.

Disposition of proceeds, etc.

(1622.) SEC. 6. It shall be the duty of the constable receiving such inventory and order, to give ten days' notice of the sale, by posting up written notices thereof in three public places in the city or township, and to sell such property at public auction, for the highest price he can obtain therefor.

(1623.) SEC. 7. Upon completing the sale, the constable making the same shall endorse upon the order aforesaid a return of his proceedings upon such order, and deliver the same to such Justice, together with the inventory, and the proceeds of the sale, after deducting his fees, which shall be the same as upon an execution.

(1624.) SEC. 8. From the proceeds of such sale, the Justice shall pay the charges and expenses legally incurred in respect to such property, or a rateable proportion to each claimant, if

there be not sufficient for the payment of the whole; and such Justice shall ascertain and determine the amount of such charges in a summary manner, and shall be entitled to one dollar for each day's services rendered by him in such proceedings.

to be delivered to

urer.

(1625.) SEC. 9. Such Justice shall deliver to the Treasurer Inventory, etc., of the county in which the property was sold, the affidavit, County Treas inventory and order of sale, and return hereinbefore mentioned, together with a statement of the charges and expenses incurred in respect to such property, as ascertained and paid by him, with a statement of his own fees, and shall at the same time pay over to such Treasurer any balance of the proceeds of the sale, remaining after payment of such charges, expenses and fees. (1626.) SEC. 10. The Treasurer shall file in his office, and Entry, etc., to be safely keep all the papers so delivered to him, and make a urer. proper entry of the payment to him of all moneys arising from such sale, in the books of his office.

made by Treas

may receive

with Treasurer.

(1627.) SEC. 11. If the owner of the property sold, or his when Owner legal representatives shall, at any time within five years amount deposited after such moneys shall be deposited in the County Treasury, furnish satisfactory evidence to the Treasurer of the ownership of such property, he or they shall be entitled to receive from such Treasurer the amount so deposited with him. (1628.) SEC. 12. If the amount so deposited with any County Treasurer shall not be paid to such owner or his legal repre- be sentatives within the said five years, such County Treasurer' shall pay such amount into the State Treasury, to the credit of the general fund.

41

r amount not

paid to Owner, to

paid into the

State Treasury.

Exemption of
Firemen from

(1629.) SECTION 1. Any person who was a fireman in any Militia duty, etc. incorporated city or village in this State on the sixth day of February, one thousand eight hundred and forty-three, or at any time thereafter, and who shall have served for the term of seven years from that time, or from the time of his appointment, if appointed since that time, and every person who may hereafter be appointed a fireman in any such city or village, and serve as such fireman, shall, during the time of such service, be exempted from serving as a juror in any of the Courts of this State, from the payment of any tax assessed against his person for labor on highways, and from the performance of all militia duty; and any fireman who shall serve a term of seven years, shall forever thereafter be exempt from all militia duty, except in cases of invasion or insurrection. (a)

(a) As Amended by "An Act to Amend Section One, Chapter Forty-Eight, Title Nine, of the Revised Statutes of 1846," Approved January 24, 1863. Laws of 1863, p. 12.

of

(1630.) SEC. 2. It shall be lawful for the qualified voters Moneys may be

raised to com

any such city or village, at their annual election of officers pensate Firemen thereof, to authorize the Common Council, or other corporate board of such city or village, to raise a sufficient sum to pay each fireman therein the sum of five dollars; and thereupon such sum shall be levied and collected, in the same manner as the other contingent expenses of such city or village arelevied and collected.

compensation.

(1631.) SEC. 3. Upon such provision being made for the rayment o payment of firemen, as provided in the preceding section, each fireman who shall produce a certificate from the foreman of his company, countersigned by the Chief Engineer of the Fire Department of such city or village, stating that he has well and faithfully performed his duties as such fireman during the year then next preceding, shall be allowed and paid out of the Treasury of such city or village, the said sum of five dollars as a compensation for his services.

by Recorder

(1632.) SEC. 4. The Recorder or Clerk of every such city Record to be kept or village shall keep an accurate record, in a book to be clerk. provided for that purpose, of the name, occupation and residence of every fireman of such city or village, together with the date of his appointment, and a designation of the company to which he is attached; and whenever any fireman shall resign or be removed, it shall be so entered upon such record; and the appointment, resignation or removal, of every fireman, shall also be entered on the minutes of the Common Council, or other corporate board.

(1633.) SEC. 5. It shall be the duty of the Recorder or certificate of Clerk of such city or village, to deliver to every fireman who service. shall have served during the said term of seven years as provided in this chapter, a certificate to that effect, signed by himself and the Mayor of such city, or President of such village; which certificate shall be received as evidence in any of the Courts of this State.

chasing and re

(1634.) SEC. 6. It shall be lawful for the Common Council, Taxes for par or other corporate board of each incorporated city or village, pairing Engines to levy and collect, by a tax upon all the taxable real and personal property within the limits thereof, in the manner prescribed in the charter of such city or village, for the collection of taxes therein, such sums as may be necessary for the purchasing and repairing of fire engines and other fire apparatus, and for defraying all other necessary expenses of the fire department thereof.