3111. Register must be kept.

SEC. 3111. The authority having control of a public cemetery must require a register of name, age, birthplace, and date of death and burial of every body interred therein, to be kept by the sexton or other officer, open to public inspection.

An Act to provide for the construction and maintenance of a public morgue in the city and county of San Francisco.

Morgue in San Francisco.

[Approved March 5, 1885; 1885, 25.]

SECTION 1. The board of supervisors of the city and county of San Francisco are hereby authorized to appropriate the surplus of money accumulated from the disinterment fund for the purpose of erecting a morgue in the city and county of San Francisco.

Building.

SEC. 2. The building so erected shall be known as "the public morgue" of San Francisco, . and the title to the same shall be vested in the said city and county, absolutely and forever. The said morgue shall contain offices for the coroner, suitable rooms for holding inquests and autopsies upon the dead, and all the appliances necessary to enable the coroner to discharge the duties of his office in an efficient manner.

Construction.

SEC. 3. The said board of supervisors are hereby authorized and required to advertise for proposals for the construction, furnishing, and finishing of said morgue, and to cause the said work to be commenced and completed in a prompt and efficient manner.

Appropriation.

SEC. 4. The said board of supervisors are hereby authorized to use and appropriate so much of the public fund called the "disinterment fund," in the treasury of San Francisco, as will be necessary for the erection, furnishing, and finishing of said public morgue.

Monthly maintenance.

SEC. 5. The said board of supervisors is hereby authorized and required to pay out of the general fund such sums as may be necessary, per month, for the maintenance of the morgue and offices attached to the morgue, and the auditor of said city and county is required to audit, and the treasurer shall pay said accounts out of the general fund.

SEC. 6. This act shall be in force from and after its passage.

3136. Duty of persons finding lost money, goods, etc.

SEO. 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. [Amendment, approved March 30, 1874; Amendments 1873–4, 42; took effect July 6, 1874.]

Rights and liabilities of finder: Civ. Code, secs. 1864 et seq.
Larceny of lost property: Pen. Code, sec. 485.

Wrecks: See ante, secs. 2403 et seq.

3137. Justice to appoint appraisers-Duty of appraisers.

SEC. 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. Justice to file list of appraisers.

SEC. 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 court-house door and four other public places in the township or city a copy of such valuation and description of property.

Estrays. "The original draught of this chapter contained three articles: 1. Estrays; 2. Lost money and goods; and 3. Unclaimed property. Article 1 of estrays was stricken out by the legislature, yet the book known as the 'estray and lost-property book' was retained. It was the intention to continue undisturbed the special

estray laws particularly applicable to particular counties, but a careful reading of this article will discover that in the absence of any special statute, estrayed property annoying a finder, who knows no owner for it, may keep and dispose of it as herein provided for other lost property:" Commissioners' note.

3139. Proceedings, if no owner appear within six months.

SEC. 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. Finder to restore property, when.

SEC. 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. Finder failing to make discovery, penalty.

SEC. 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.

Larceny by finder: See Pen. Code, sec. 485.

3142. Proof, how made.

SEC. 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.

"The preceding article is substituted for an act concerning water-craft found adrift, and lost money and property: Stats. 1850, 156. The material changes made are: 1. In establishing a uniform rule, applicable alike to all kinds of lost property; 2. Investing the title of the property in the finder instead of in the county in which it is found. It is certainly

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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:" Commissioners' note.

ARTICLE II.

UNCLAIMED PROPERTY.

3152. Common carriers may retain goods until charges are paid.

SEC. 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.

Delivery and storage: See Civ. Code Cal., secs. 2118 et seq.

Relief from liability: Id., secs. 2121, 2123.
Lien for freightage: Id., sec. 2144.

3153. Property unclaimed within sixty days to be sold, how.

SEC. 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. Proceeds unclaimed, where to go.

SEC. 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. Carrier's responsibility ceases, when.

SEC. 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.

3156. Property upon which advances are due may be sold, when.

SEC. 3156. When any commission merchant or 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. Fees of officers.

SEO. 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.

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3167. Owners of cattle to keep a mark, brand, and counter-brand.

SEC. 3167. Owners of horses, mules, cattle, sheep, goats, or hogs running at large must have a mark, brand, and counter-brand different from any one in use by any other person, so far as may be known.

Stats. 1851, 471, form the basis of this article.

Brands in Siskiyou county: See ante, sec. 19, subd. 11.

3168. To record brands.

SEC. 3168. Every owner must record with the recorder of the county his mark, brand, and counter-brand, by delivering to the recorder his mark, cut upon a piece of leather, and his brand and counter-brand burned 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 counter-brands; but he must first be satisfied that such brand and counter-brand tendered to him for record is unlike any other mark, brand, or counter-brand in the county, and, as far as his knowledge extends, is different from any other in the state. For recording the mark, brand, and counter-brand the recorder is entitled to demand and receive one dollar.

See also Stats. 1861, p. 373, sec. 1.

3169. Recorder's duties respecting recorded marks, etc.

SEC. 3169. Every recorder in this state must transmit to the recorders of the adjoining counties a transcript of all the marks, brands, and counter-brands recorded 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.

3170. Marks and brands not lawful unless recorded.

SEC. 3170. No mark, brand, or counter-brand 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.

Stats. 1851, 412; 1857, p. 131, sec. 1.

3171. Certain marks not allowed.

SEC. 3171. No person must use a mark by cutting off the ear or by cutting the ear on both sides to a point.

3172. Branding of animals.

SEC. 3172. Every person must mark or brand his horses and mules before they are eight months old, and cattle before they are twelve months old, on the hip or hinder 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 prima facie 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. [Amendment, approved March 30, 1874; Amendments 1873-4, 43; took effect July 6, 1874.]

Stats. 1861, p. 373, sec. 2; 1865–6, p. 333, sec. 5.

ARTICLE II.

REGULATIONS RELATING TO MARKS AND BRANDS.

3182. Regulations for selling cattle, etc.

SEC. 3182. Persons selling cattle, horses, mules, jacks, or jennies, must counter-brand them on the shoulders, or give a written descriptive bill of sale. and delivering branding-iron, is not a delivery of the possession of the cattle: Walden v. Murdock, 23 Cal. 540.

"Stats. 1861, p. 373, sec. 3. To counterbrand one shoulder of one animal is all that is required by this section:" Commissioners' note. Describing cattle running at large by brand,

3183. Penalty for using more than one mark or an unrecorded mark.

SEC. 3183. Any person who uses any mark, brand, or counter-brand other than the one recorded by him, except by the consent of the owner of such other mark, brand, or counter-brand, 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 counter-brand 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 proper mark or brand recorded by him. This section does not extend to any stock which may descend to any ward, child, apprentice, or servant by the gift or devise of any person other than the guardian, parent, or master of such ward, child, apprentice, or servant; but the marks, brands, and counter-brands of such minors, apprentices, or servants must be recorded as other marks, brands, and counter-brands.

Stats. 1851, p. 412, sec. 6.

3184. Fraudulently mismarking cattle.

SEC. 3184. If any person has knowledge of any person, who, with the intent to defraud or willingly mismarks or misbrands any stock not his own, or kills any stock running at large having a proper owner, the person having such knowledge must, within ten days thereafter, give information thereof to some justice of the peace of the proper county.

Stats. 1851, p. 412, sec. 8. Altering brands: Pen. Code, sec. 357.

3185. Hides of slaughtered cattle to be kept.

SEC. 3185. All persons slaughtering cattle must keep the hides, with the ears attached, for fifteen days; and all persons having such hides in their possession must exhibit the same for examination on demand being made by any person. Stats. 1866, p. 333, secs. 7, 8.

3196. "Trade-marks" defined.

ARTICLE III.

TRADE-MARKS.

SEO. 3196. The phrase "trade-mark" as used in this chapter includes every description of word, letter, device, emblem, stamp, imprint, brand, printed ticket, label, or wrapper usually affixed by any mechanic, manufacturer, druggist, merchant, or tradesman, to denote any goods to be goods imported, manu