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Giving credit for intoxicat.

every month's neglect so to do after thirty days after obtaining his license.

Laws of 1857, ch. 628, § 9.

817. No debts incurred to any inn-keeper by

ing drinks. other than his lodgers for any sort of strong or


how re


Inn-keeper's liability

Meaning of inn and inn


spirituous liquors or wines can be recovered in

any action. All securities for such debts are void, and any inn-keeper taking such with intent to evade this section shall forfeit double the sum intended to be secured.

Laws of 1857, vol. 2, ch. 628, p. 409, § 10.

§ 818. Penalties under the two preceding sections shall be recovered by the board of commissioners of excise and paid to the county treasurer for the use of the poor.

Laws of 1857, vol. 2, ch. 628, p. 414, § 22.

§ 819. Whenever an inn-keeper provides in his inn a convenient place for the safe keeping of the money, jewels and ornaments of his guests, and notifies them by posting, conspicuously, a notice thereof in the room or rooms occupied by such guest, he shall not be liable for loss of money, jewels or ornaments which such guest neglected to deposit in such place.

Laws of 1855, ch. 421.


§ 820. The words "inn" and "inn-keeper," in this chapter, include a tavern or hotel and the keeper thereof.



SECTION 821. Registry of unclaimed property, and notice to owner. 822. Express companies may sell on notice.

823. Appropriation of proceeds.

824. Persons other than railway and express companies.

825. Examination of articles.

826. Sale.

827. Proceeds.

828. Lien for advertising.

829. Penalty.

§ 821. Any person engaged in the transportation

of persons or property, and any inn-keeper, who
has any unclaimed property in his custody, shall
immediately enter in a book, to be kept by him for
the purpose, a description of each article or pack-
age, and the time when it was left. He is entitled
to be paid, by the owner, thirteen cents for each
package so entered. If the name of the owner is
ascertained, he shall immediately send to him, by
mail, notice to claim the same.

2 R. S., 105, § 9; thirteen cents substituted for twelve
and a half.

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§ 822. Every person or company engaged in the express business, and every railway company, in whose possession any such property, not perishable, has remained for a year, may sell it by public auction, after giving notice, containing a description of the articles or packages, the place and time when left, and, if the same be known, the name of


and railway companies

may sell on


Application of proceeds.

the owner or consignee, by advertisement once a week for four weeks successively in the state paper, in a paper published at the place of sale, in a paper published in the city of New York, and, in case of property directed to be left at a specified place, in a paper published at or nearest such place. Perishable articles unclaimed may be sold as soon as they can be, at the best terms that can be obtained.

Laws of 1857, ch. 444; Laws of 1856, ch. 523, § 1.

§ 823. The proceeds, after deducting charges and expenses for transportation, storage, advertising, commissions for selling, and the amount previously paid for non-delivery of freight or baggage, shall be deposited by the company, with a report thereof and proof of advertisement, with the comptroller, for the benefit of the general fund of the state, to be held by him in trust for the persons entitled to the same. No such sale shall be valid, unless, at least two weeks before it, a copy of the notice required by the preceding section is served on the comptroller.

Laws of 1857, vol. 1, ch. 444, p. 871, § 3.

By the two preceding sections a uniform system is prescribed for railway companies and for express companies. The act of 1854 respecting railway freight, &c., and the act of 1855 respecting express freight, each left the proceeds in the hands of the company making the sale, to be refunded to the owner, on claim, within five

years. In case of the express companies it was
further provided that, if not claimed at that time,
they should be paid over for the benefit of the
county poor.

The amendment of 1857, relating to railway
companies, provides for a regular accounting by
them to the comptroller. We have so far modi-
fied the provisions as to put express companies
under the same rule in this respect.

§ 824. Persons other than those mentioned in section 822 shall proceed as follows: When any property remains unclaimed for thirty days, they shall send a correct description thereof to the proprietor of the state paper, whose duty it is, on the first Monday of January, April, July and October in each year, to publish the same once a week for three weeks successively.


other than

railway and



tion of arti


§ 825. If for sixty days after the publication the Examinaproperty remains unclaimed, the person having custody of it shall apply to a magistrate of the town or city, under whose sight and direction it shall be opened and examined, and by whom an inventory shall be taken. The magistrate shall send immediate notice to the owner, by mail, if his name is ascertained.

826. If for three months after the examination Sale. it remains unclaimed, such person shall apply to a magistrate of the city or town, who shall, if the property is of sufficient value, order it to be sold by


Lien for advertising.


public auction, on six days' previous notice of the time and place.

§ 827. After payment of expenses, the magistrate shall pay the proceeds to the overseers of the poor, for the use of the poor, and they shall make an entry of the amount, and the time of receiving it, upon their official records, and at any time within seven years it shall be refunded, on claim and proof of title, to whoever is entitled thereto.

§ 828. Any person proceeding under the provisions of this chapter has a lien on the articles, until the sale, for the amount of fees for entering the same, and the expenses of the advertising or a ratable proportion thereof.

§ 829. Any person who neglects to comply with the provisions of this chapter is liable to a penalty of five dollars, to be recovered by any person who will bring action therefor.



SECTION 830. Registry of marriages.

831. Registry of births.

832. Registry of deaths.

833. Reports in the city of New York to the city inspector.

834. City inspector's record.

835. City inspector's report.

836. Duty of clerks of school district.

837. Duty of town clerk, alderman and county clerk.

838. Fees of officers.

839. Penalty.

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