Page:1862 Territory of Dakota Session Laws.pdf/467

450 ten or printed notices, in three of the most public places in the neighborhood, where such property was taken up and secured: and if the owner shall apply therefor, prove property, and pay one dollar for taking up and securing, and twenty-five cents per day for keeping the same, then said property shall forth with be delivered to said owner; and in case of the refusal of any person having taken up and secured said property, he shall be proceeded against in the same manner as prescribed in section three of this chapter, for persons refusing to deliver to the owner thereof any property exceeding the value of ten dollars, so taken up and secured; and if no person shall apply for and prove his right to possess said property, for twenty days from the date of the taking up and securing the same, then the property may be removed from the water, or otherwise disposed of by the person so taking up and securing the same, for his own use or benefit.

. 10. No canoes belonging to Indians, or cribs of lumber or logs shall be subject to the provisions of this chapter, but it shall be returned to the owners thereof, on application for and proof of the right to possess the same: Provided, That rafts or cribs of lumber, staves or logs, not purposely put adrift by the owners thereof, or their agents, for the purpose of driving the same, but shall have broken away contrary to the desire and against the will of the owners or the agents, and which may be subject to be injured and broken to pieces if suffered to proceed, shall be subject to all the provisions of this chapter.

. 11. The owner or his agent, on proof of ownership, before a justice of the peace, at any time previous to the day of sale, shall, on payment of five dollars for taking up the same, and fifty cents per day for each day thereafter, for keeping said property, together with any and all legal costs incurred for advertising, assessing, or otherwise, shall be entitled to the immediate possession of the property so taken up and secured.

. 12. If any person unlawfully detain or embezzle property. property wrecked, lost, or adrift, contrary to the provisions of this chapter, or shall neglect to keep in safety, or shall allow the same to get aground after he shall have taken up and secured property, as aforesaid, the person so offending shall