§ 3141. Finder failing to make discovery, penalty. 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.

Failing to make discovery is larceny: Pen. Code, § 485.
Legislation § 3141. Enacted March 12, 1872.

§ 3142. Proof, how made. 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.

Legislation § 3142. Enacted March 12, 1872.

ARTICLE II.
Unclaimed Property.

§ 3152. Carriers, commission merchants, etc., may retain goods until charges paid.

§ 3153. Property unclaimed within sixty days, sale of.

Proceeds unclaimed, where to go.

§ 3154.

Carrier's responsibility ceases, when.

§ 3155.

$3156. Property upon which advances are made may be sold, when. § 3157. Fees of officers.

§ 3158. Proceedings in sale of unclaimed goods.

§ 3152. Carriers, commission merchants, etc., may retain goods until charges paid. 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.

Carrier:

1. Delivery and storage by: Civ. Code, §§ 2118-2121. 2. Relieved from liability: Civ. Code, §§ 2131, 2132. Lien for freightage: Civ. Code, § 2144.

Legislation § 3152. Enacted March 12, 1872.

§ 3153. Property unclaimed within sixty days, sale of. 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 as will pay freight and charges, to the highest bidder at public auction, having first caused such notice of sale to be given as is customary in sales of goods by auction at the place where said goods may be held or stored. If any surplus is left, after paying freight, storage, expenses of sale, and other reasonable charges, the same must be paid over to the owner of such property, upon demand being made therefor at any time within sixty days after the sale. [Amendment approved 1903; Stats. 1903, p. 88.] 11

Legislation § 3153. 1. Enacted March 12, 1872. 2. Amended by Stats. 1903, p. 88.

§ 3154. Proceeds unclaimed, where to go. 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.

Legislation § 3154. Enacted March 12, 1872.

§ 3155. Carrier's responsibility ceases, when. 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.

Legislation § 3155. Enacted March 12, 1872.

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

Legislation § 3156. Enacted March 12, 1872.

§ 3157. Fees of officers. 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. Legislation § 3157. Enacted March 12, 1872.

§ 3158. Proceedings in sale of unclaimed goods. All proceedings had under this article shall be governed entirely by the provisions hereof, and shall not be controlled or affected by the provisions of article 2, of chapter 3, of title 7, of part 4, of division 3 of the Civil Code of the state of California.

Provisions of Civil Code referred to: See Civil Code, §§ 2114 et seq.
Legislation § 3158. Added by Stats. 1913, p. 980.

CHAPTER VII.

Marks and Brands.

Article I. Marks and Brands. §§ 3167-3172.

II. Regulations Relating to Marks and Brands. §§ 3182-3185.
III. Trade-marks. §§ 3196-3201.

§ 3167.

ARTICLE I.

Marks and Brands.

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

§ 3168. To record brands. Fees.

Recorders' duties respecting recorded marks, etc.
Marks and brands not lawful unless recorded.

§ 3169.

§ 3170.

§ 3167.

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

Altering brands is state prison offense: Pen. Code, § 357.

Marks and brands in Siskiyou County, act concerning, continued in force by code: See ante, § 19, subd. 11.

Legislation § 3167. Enacted March 12, 1872; based on Stats. 1851, p. 411, § 1.

§ 3168. To record brands. Fees. 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 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 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.

Legislation § 3168. Enacted March 12, 1872; based on Stats. 1851, p. 411, § 2, as amended by Stats. 1861, p. 373, § 1.

§ 3169. Recorders' duties respecting recorded marks, etc. 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.

Legislation § 3169.

p. 413, § 11.

Enacted March 12, 1872; based on Stats. 1851,

§ 3170. Marks and brands not lawful unless recorded. 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.

Legislation § 3170. Enacted March 12, 1872; based on Stats. 1851, p. 412, § 3, as amended by Stats. 1857, p. 131, § 1.

§ 3171. Certain marks not allowed. No person must use a mark by cutting off the ear or by cutting the ear on both sides to a point.

Legislation § 3171. Enacted March 12, 1872; based on Stats. 1851, p. 413, § 10.

§ 3172. Branding animals, at what age. 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 1874; Code Amdts. 1873-74, p. 43.]

Prima facie evidence, defined: Code Civ. Proc., § 1833.
Legislation § 3172.

1. Enacted March 12, 1872; based on Stats. 1851, p. 411, § 2, as amended (1) by Stats. 1861, p. 373, § 2; (2) by Stats. 2. Amended by Code Amdts. 1873-74, p. 43.

1865-66, p. 332, §§ 4, 5.

ARTICLE II.

Regulations Relating to Marks and Brands.

§ 3182. Regulations for selling cattle, etc.

§ 3183. Penalty for using more than one mark or an unrecorded mark. Fraudulently mismarking cattle.

§ 3184.

§ 3185.

Hides of slaughtered cattle to be kept.

§ 3182. Regulations for selling cattle, etc. Persons selling cattle, horses, mules, jacks, or jennies, must counter-brand them on the shoulders, or give a written descriptive bill of sale.

Legislation § 3182. Enacted March 12, 1872; based on Stats. 1851, p. 412, § 7, as amended by Stats. 1861, p. 374, § 3.

§ 3183. Penalty for using more than one mark or an unrecorded mark. 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 counter-brand otherwise than is provided in article one, 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. Legislation § 3183.

p. 412, § 6.

Enacted March 12, 1872; based on Stats. 1851,

§ 3184. Fraudulently mismarking cattle. If any person has knowledge of any person, who, with the intent to defraud or willingly [willfully] 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.

Altering brands: Pen. Code, § 357.

Legislation § 3184. Enacted March 12, 1872; based on Stats. 1851, p. 412, § 8.

§ 3185. Hides of slaughtered cattle to be kept. 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.

Legislation § 3185. Enacted March 12, 1872; based on Stats. 186566, p. 333, §§ 7, 8.

§ 3200.
§ 3201.

Use of, by labor union.

Infringement of trade-mark used by trade union.

§ 3196. "Trade-marks" defined. 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, and also any name or names, marks or devices, branded, stamped, engraved, etched, blown, or otherwise attached or produced upon any cask, keg, bottle, vessel, siphon, can, case, or other package, used by any mechanic, manufacturer, druggist, merchant or tradesman, to hold, contain or inclose the goods so 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. [Amendment approved 1903; Stats. 1903, p. 80.]

Legislation § 3196.

1. Enacted March 12, 1872; based on Stats. 25 & 26 Vict., c. 88, § 1. 2. Amended by Stats. 1903, p. 80.

§ 3196a. Registration of farm name. Any person may adopt a name for any farm or estate owned or leased by him, and register it in the manner provided for the registration of trade-marks. Such registration

shall have the same effect as the registration of a trade-mark.

Legislation § 3196a. Added by Stats. 1909, p. 232.

§ 31966. Trade-mark on products. Any person selling or marketing the products grown on any particular farm or estate may use the name of such farm or estate as a trade-mark on such products, in the same manner as provided for other trade-marks in section three thousand one hundred and ninety-six of this code, and subject to the same rights and duties as provided in this article.

Legislation § 3196b. Added by Stats. 1909, p. 233.

§ 3197. Recording trade-marks. Any person may record any trademark or name by filing with the secretary of state his claim to the same, and a copy or description of such trade-mark or name, with his affidavit attached thereto, certified to by any officer authorized to take acknowledgments of conveyances, setting forth that he (or the firm or corporation of which he is a member) is the exclusive owner, or agent of the owner of such trade-mark or name. [Amendment approved 1911; Stats. 1911, p. 427.]

Legislation § 3197. 1. Enacted March 12, 1872; based on Stats. 1863, p. 157, § 10. 2. Amended by Stats. 1885, p. 94. 3. By Stats. 1909, p. 150. 4. By Stats. 1911, p. 427.