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Illinois

West's Smith-Hurd Illinois Compiled Statutes Annotated. Chapter 765. Property. Miscellaneous Property. Act 1020. Estrays and Lost Property Act.

Statute Details
Printable Version
Citation: IL ST CH 765 1020/0.01 - 36

Citation: 765 I.L.C.S. 1020/0.01 - 36


Last Checked by Web Center Staff: 12/2013

Summary:   These Illinois' statutes comprise the state's Estrays and Lost Property Act.


Statute in Full:

Estrays

1020/0.01. Short title

1020/1. Animals of unknown owner

1020/2. Who may not take up estrays

1020/3. Advertising before use; milk

1020/4. Several estrays

1020/5 to 1020/16. §§ 5 to 16. Repealed by P.A. 83-575, § 2, eff. Jan. 1, 1984

1020/17, 1020/18. §§ 17, 18. Repealed by Laws 1953, p. 876, § 2, eff. July 6, 1953

1020/19. § 19. Repealed by P.A. 83-575, § 2, eff. Jan. 1, 1984

1020/20. Death or escape

Goods/Other Property

1020/21. Rafts, timber or plank; unknown owners; proceedings on taking up

1020/22 to 1020/24. §§ 22 to 24. Repealed by P.A. 83-575, § 2, eff. Jan. 1, 1984

1020/25, 1020/26. §§ 25, 26. Repealed by Laws 1953, p. 876, § 2, eff. July 6, 1953

1020/27. Lost goods, money, etc.; information to owner; affidavit; record in estray book; records of county clerk; sale of perishable goods

1020/28. Advertisement; ownership to vest in finder where money or goods not reclaimed

1020/29. Water craft of less than fifteen dollars

1020/29a. § 29a. Repealed by Laws 1967, p. 3865, § 1, eff. Sept. 7, 1967

1020/30. Costs

1020/31. Deposit

1020/32. Failure of taker-up and owner to agree

1020/33. § 33. Repealed by Laws 1953, p. 876, § 2, eff. July 6, 1953

1020/34. Penalty against taker-up

1020/35. Penalty for selling, etc., estray, etc.

1020/36. Appeals

 

 

1020/0.01. Short title

§ 0.01. Short title. This Act may be cited as the Estrays and Lost Property Act.

CREDIT(S)

R.S.1874, p. 482, § 0.01, added by P.A. 86-1324, § 478, eff. Sept. 6, 1990.

 

1020/1. Animals of unknown owner

§ 1. Any horses, mules, asses, cattle, swine, sheep or goats found straying, the owner thereof being unknown, may be taken up as estrays in the same manner as provided for lost goods.

CREDIT(S)

R.S.1874, p. 482, § 1, eff. July 1, 1874. Amended by Laws 1953, p. 876, § 1, eff. July 6, 1953; P.A. 81-273, § 1, eff. Aug. 28, 1979; P.A. 83-575, § 1, eff. Jan. 1, 1984.

 

1020/2. Who may not take up estrays

§ 2. No person who is not a householder in the county where the estray is found, shall take up such estray, and no person shall be allowed to take up any estray except upon or about his farm or place of residence.

CREDIT(S)

R.S.1874, p. 482, § 2, eff. July 1, 1874.

 

1020/3. Advertising before use; milk

§ 3. No person taking up an estray shall use the same previous to advertising it; but animals giving milk may be milked for their benefit.

CREDIT(S)

R.S.1874, p. 482, § 3, eff. July 1, 1874.

 

1020/4. Several estrays

§ 4. Where several estrays are taken up by the same person, they shall be included in the same notices and proceedings.

CREDIT(S)

R.S.1874, p. 482, § 4, eff. July 1, 1874.

 

1020/5 to 1020/16. §§ 5 to 16. Repealed by P.A. 83-575, § 2, eff. Jan. 1, 1984

 

1020/17, 1020/18. §§ 17, 18. Repealed by Laws 1953, p. 876, § 2, eff. July 6, 1953

 

1020/19. § 19. Repealed by P.A. 83-575, § 2, eff. Jan. 1, 1984

 

1020/20. Death or escape

§ 20. If any estray or estrays taken up, dies or disappears before the owner claims the estray, the taker-up shall not be liable for such occurrence.

CREDIT(S)

R.S.1874, p. 482, § 20, eff. July 1, 1874. Amended by P.A. 81-273, § 1, eff. Aug. 28, 1979.

 

1020/21. Rafts, timber or plank; unknown owners; proceedings on taking up

§ 21. Any raft, timber or plank found adrift on any water course within the limits or upon the borders of this State, the owner thereof being unknown, may be taken up in the same manner as provided for lost goods.

CREDIT(S)

R.S.1874, p. 482, § 21, eff. July 1, 1874. Amended by Laws 1953, p. 876, § 1, eff. July 6, 1953; Laws 1965, p. 44, § 1, eff. July 1, 1965; P.A. 77-1281, § 1, eff. Aug. 24, 1971; P.A. 79-1335, § 1, eff. Oct. 1, 1976; P.A. 81- 273, § 1, eff. Aug. 28, 1979; P.A. 83-575, § 1, eff. Jan. 1, 1984; P.A. 84-646, § 2, eff. Jan. 1, 1986.

 

1020/22 to 1020/24. §§ 22 to 24. Repealed by P.A. 83-575, § 2, eff. Jan. 1, 1984

 

1020/25, 1020/26. §§ 25, 26. Repealed by Laws 1953, p. 876, § 2, eff. July 6, 1953

 

1020/27. Lost goods, money, etc.; information to owner; affidavit; record in estray book; records of county clerk; sale of perishable goods

§ 27. If any person or persons find any lost goods, money, bank notes, or other choses in action, of any description whatever, such person or persons shall inform the owner thereof, if known, and shall make restitution of the same, without any compensation whatever, except such compensation as shall be voluntarily given on the part of the owner. If the owner is unknown and if such property found is of the value of $100 or upwards, the finder or finders shall, within 5 days after such finding file in the circuit court of the county, an affidavit of the description thereof, the time and place when and where the same was found, that no alteration has been made in the appearance thereof since the finding of the same, that the owner thereof is unknown to the affiant and that the affiant has not secreted, withheld or disposed of any part thereof. The court shall enter an order stating the value of the property found as near as the court can ascertain. A certified copy of such order and the affidavit of the finder shall, within 10 days after the order was entered, be transmitted to the county clerk to be recorded in his estray book, and filed in the office of the county clerk.

If any property found consists of perishable goods, the court shall, at the time the finder presents the affidavit, order that the property be sold at public auction to the highest bidder. The court in the order shall provide for the giving of reasonable notice of the time and place of such sale. The court shall conduct or supervise such sale and shall enter in the order the amount received from the sale which entry shall be included in the certified copy to be transmitted to the county clerk. The proceeds of the sale, after deducting costs and other expenses shall be turned over to the finder. The finder shall hold such proceeds in lieu of the goods for the owner of the goods sold and shall give such proceeds, after deducting his expenses, to such owner, if the owner claims the same within the time provided by Section 28.

CREDIT(S)

R.S.1874, p. 482, § 27, eff. July 1, 1874. Amended by Laws 1953, p. 876, § 1, eff. July 6, 1953; Laws 1965, p. 44, § 1, eff. July 1, 1965; P.A. 77-961, § 1, eff. Aug. 17, 1971; P.A. 77-1281, § 1, eff. Aug. 24, 1971; P.A. 77-2829, § 25, eff. Dec. 22, 1972; P.A. 78-255, § 61, eff. Oct. 1, 1973; P.A. 79-1335, § 1, eff. Oct. 1, 1976; P.A. 81-273, § 1, eff. Aug. 28, 1979; P.A. 83-376, § 1, eff. Jan. 1, 1984.

 

1020/28. Advertisement; ownership to vest in finder where money or goods not reclaimed

§ 28. In all cases where such lost goods, money, bank notes or other choses in action shall not exceed the sum of $100 in value and the owner thereof is unknown, the finder shall advertise the same at the court house, and if the owner does not claim such money, goods, bank notes or other choses in action within 6 months from the time of such advertisement, the ownership of such property shall vest in the finder and the court shall enter an order to that effect.

If the value thereof exceeds the sum of $100, the county clerk, within 20 days after receiving the certified copy of the court's order shall cause a notice thereof to be published for 3 weeks successively in some public newspaper printed in this county and if the owner of such goods, money, bank notes, or other choses in action does not claim the same and pay the finder's charges and expenses within one year after the advertisement thereof as aforesaid, the ownership of such property shall vest in the finder and the court shall enter an order to that effect.

CREDIT(S)

R.S.1874, p. 482, § 28, eff. July 1, 1874. Amended by Laws 1953, p. 876, § 1, eff. July 6, 1953; Laws 1965, p. 44, § 1, eff. July 1, 1965; P.A. 77-961, § 1, eff. Aug. 17, 1971; P.A. 77-1281, § 1, eff. Aug. 24, 1971; P.A. 77-2829, § 25, eff. Dec. 22, 1972; P.A. 78-255, § 61, eff. Oct. 1, 1973; P.A. 79-1335, § 1, eff. Oct. 1, 1976; P.A. 81-273, § 1, eff. Aug. 28, 1979; P.A. 83-376, § 1, eff. Jan. 1, 1984; P.A. 83-575, § 1, eff. Jan. 1, 1984; P.A. 83-1362, Art. II, § 65, eff. Sept. 11, 1984.

 

1020/29. Water craft of less than fifteen dollars

§ 29. In all cases where any vessel or water craft shall be taken up, which shall be of a value of less than $15, the finder or taker-up shall advertise the same, by setting up 3 advertisements in the most public places in the neighborhood; but in such case the taker-up or finder shall be required to keep and preserve the same in his or her possession, and shall make restitution thereof to the owner without fee or reward, except the same be given voluntarily, if legal application is made for the same within 3 months from the time of such taking up; but if no owner reclaims such property within the time aforesaid the exclusive right to the same shall be vested in the taker-up and the court shall enter an order to that effect.

CREDIT(S)

R.S.1874, p. 482, § 29, eff. July 1, 1874. Amended by Laws 1953, p. 876, § 1, eff. July 6, 1953; Laws 1965, p. 44, § 1, eff. July 1, 1965; P.A. 81-273, § 1, eff. Aug. 28, 1979.

 

1020/29a. § 29a. Repealed by Laws 1967, p. 3865, § 1, eff. Sept. 7, 1967

 

1020/30. Costs

§ 30. Except as is otherwise provided by this Act, all costs of proceedings in the matter of an estray or other property taken up or property found, shall be paid by the taker-up or finder in the first instance, and if the owner of the property claims it within the time limited by this Act the owner shall repay the finder or taker-up the amount of such costs before the finder or taker-up shall be required to surrender the property to such owner.

CREDIT(S)

R.S.1874, p. 482, § 30, eff. July 1, 1874. Amended by Laws 1953, p. 876, § 1, eff. July 6, 1953; P.A. 81-273, § 1, eff. Aug. 28, 1979.

 

1020/31. Deposit

§ 31. In all cases where the court is required to certify the estray or other property taken up, or the property found, to the county clerk, the taker-up or finder shall deposit with the court the amount of the county clerk's fees, including the cost of advertising, and the clerk of the court shall transmit such amount to the county clerk with the certificate as required by this Act.

CREDIT(S)

R.S.1874, p. 482, § 31, eff. July 1, 1874. Amended by Laws 1953, p. 876, § 1, eff. July 6, 1953; Laws 1965, p. 44, § 1, eff. July 1, 1965; P.A. 77-1281, § 1, eff. Aug. 24, 1971; P.A. 79-1335, § 1, eff. Oct. 1, 1976; P.A. 81- 273, § 1, eff. Aug. 28, 1979.

 

1020/32. Failure of taker-up and owner to agree

§ 32. Whenever the owner and the taker-up do not agree upon the amount of compensation to be paid to the taker-up, either party may apply to the court, which shall have power to determine the matter between the parties and enter judgment therein.

CREDIT(S)

R.S.1874, p. 482, § 32, eff. July 1, 1874. Amended by Laws 1965, p. 44, § 1, eff. July 1, 1965; P.A. 77-1281, § 1, eff. Aug. 24, 1971; P.A. 79-1335, § 1, eff. Oct. 1, 1976; P.A. 81-273, § 1, eff. Aug. 28, 1979.

 

1020/33. § 33. Repealed by Laws 1953, p. 876, § 2, eff. July 6, 1953

 

1020/34. Penalty against taker-up

§ 34. If any person taking up any estray or other property, or finding any property, fails to comply with the provisions of this Act, such person shall, for every such offense, pay to the informer the sum of $10, with costs, recoverable in the circuit court of the county where such offense was committed; one-half to the use of the county, and the other half to the use of the person suing for the same.

CREDIT(S)

R.S.1874, p. 482, § 34, eff. July 1, 1874. Amended by Laws 1953, p. 876, § 1, eff. July 6, 1953; Laws 1965, p. 44, § 1, eff. July 1, 1965; P.A. 77-1281, § 1, eff. Aug. 24, 1971; P.A. 79-1335, § 1, eff. Oct. 1, 1976; P.A. 81- 273, § 1, eff. Aug. 28, 1979.

 

1020/35. Penalty for selling, etc., estray, etc.

§ 35. Except as otherwise provided in this Act, whoever sells, trades, destroys, or in any way disposes of any estray or other property taken up or any property found, or takes or sends the same out of this state, for any purpose whatever, before the time limited by this Act for the vesting of ownership in the finder or taker-up, shall pay double the value of such property, to be recovered in the circuit court in the name of the owner.

CREDIT(S)

R.S.1874, p. 482, § 35, eff. July 1, 1874. Amended by Laws 1953, p. 876, § 1, eff. July 6, 1953; P.A. 79-1335, § 1, eff. Oct. 1, 1976; P.A. 81-273, § 1, eff. Aug. 28, 1979.

 

1020/36. Appeals

§ 36. Appeals may be taken as in other civil cases.

CREDIT(S)

R.S.1874, p. 482, § 36, added by P.A. 81-273, § 1, eff. Aug. 28, 1979.

 



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