§ 3152. 3153. 3154. 3155. 3156. § 3157. ARTICLE II. UNCLAIMED PROPERTY. Carriers may retain goods until charges paid. 3152. When any goods, merchandise, or other property has been received by any railroad or express company, or other common carrier, commission merchants, inkeepers, or warehousemen, for transportation or safe keeping, and are not delivered to the owner, consignee, or other authorized person, the carrier, commission merchant, inkeeper, 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 bv, Civil Code, §§ 2118-2121; relief from liability, Civil Code, §§ 2131, 2132; lien for freightage, Civil Code, § 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. 3156. When any commission merchant or warehouseman receives on consignment produce, merchandise, or other property, and males 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. ARTICLE I. II. III. CHAPTER VII. Marks and Brands. MARKS AND BRANDS. REGULATIONS RELATING TO MARKS AND BRANDS. ARTICLE I. MARKS AND BRANDS. $3167. Owners of cattle to keep a mark, etc. § 3168. To record brands. Fees. $3169. Recorders' duties respecting recorded marks, etc. § 3170. 3171. § 3172. Marks and brands not lawful unless recorded. Branding animals, at what age. 3167. Owners of horses, mules, cattle, sheep, goats, or hogs running at large, must have a mark, brand, and counterbrand different from any one in use by any other person, so far as may be known. General basis of article-Stats. 1851, p. 411. Altering brands-is State Prison offense, Pena Code, § 357. Marks and brands in Siskiyou County-Act concerning, continued in force by Code, see $ 19, subd. 11, and note. 3168. Every owner must record with the Recorder of the county his mark, brand, and counterbrand by delivering to the Recorder his mark, cut upon a piece of leather, and his brand and counterbrand burnt 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 counterbrands; but he must first be satisfied that such brand and counterbrand tendered to him for record is unlike any other mark, brand, or counterbrand in the county, and, as far as his knowledge extends, is different from any other in the State. For recording the mark, brand, and counterbrand the Recorder is entitled to demand and receive one dollar. Basis of section-Stats. 1851, p. 411; 1861, p. 373. 3169. Every Recorder in this State must transmit to the Recorders of the adjoining counties a transcript of all the marks, brands, and counterbrands 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. No mark, brand, or counterbrand 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. Basis of section-Stats. 1851, p. 412; 1857, p. 131. 3171. No person must use a mark by cutting off the ear or by cutting the ear on both sides to a point. 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. [Approved March 30; in effect July 6, 1874.] Basis of section-Stats. 1861, p. 373; 1866, p. 333. Prima facie evidence-defined, Code Civ. Proc., § 1833. ARTICLE II. REGULATIONS RELATING TO MARKS AND BRANDS. § 3182. Regulations for selling cattle, etc. $3183. Penalty for using more than one, or an unrecorded mark. § 3184. Fraudulently mismarking cattle. § 3185. Hides of slaughtered cattle to be kept. 3182. Persons selling cattle, horses, mules, jacks, or jennies, must counterbrand them on the shoulders, or give a written descriptive bill of sale. Basis of section-Stats. 1861, p. 373. Written descriptive bill of sale-insufficient to constitute delivery of possession, where cattle running at large, though branding ivon also handed over, 23 Cal. 540. 3183. Any person who uses any mark, brand, or counterbrand other than the one recorded by him, except by the consent of the owner of such other mark, brand, or counterbrand, 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 counterbrand 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 counterbrands of such minors, apprentices, or servants must be recorded as other marks, brands, and counterbrands. Basis of section--and next, Stats. 1851, p. 412. 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. 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. Basis of section-Stats. 1866, p. 333. ARTICLE III. TRADE MARKS. § 3196. "Trade marks" defined. 3197. Exclusive use of trade mark, how secured. § 3198. Record of trade marks. 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, manufactured, produced, compounded, or sold by him, other than any name, word, or expression generally denoting any goods to be of some particular class or description. |