Section 35-13-1 Right to take up and secure property adrift. All property adrift may be taken up by any person and secured. (Code 1852, §2075; Code 1867, §2467; Code 1876, §2863; Code 1886, §3282; Code 1896, §3525; Code 1907, §5844; Code 1923, §10158; Code 1940, T. 47, §257.)
Section 35-13-10 Applicability of chapter to taker’s personal representative. If the taker dies before the expiration of the time allowed to the owner to prove his property, all the provisions of this chapter, in relation to the giving up of the property, apply to his personal representatives. (Code 1852, §2088; Code 1867, §2480; Code 1876, […]
Section 35-13-2 Appraisement and description of property. (a) Such person must, within two days after the same is taken up, exhibit the property to the district court, and if, in his opinion, it is worth over $30.00, he must issue an order of appraisement to three disinterested freeholders or householders, who, after being duly sworn […]
Section 35-13-3 Notice. (a) If the appraised value is over $30.00, the taker must, within 10 days thereafter, give notice thereof, once a week for three successive weeks, in a newspaper published nearest to the place where the property was taken up. Such advertisement must state the name of the taker, the time and place, […]
Section 35-13-4 Restoration of property upon proof by owner. The owner may, on notifying the taker or the person in possession, and proving the property by his own oath, or the oath of another, satisfactorily to the district court, obtain from such court an order to restore such property on the payment of the legal […]
Section 35-13-5 Compensation of taker. (a) The taker is entitled to 10 percent on the appraised value of each bale of cotton and on other property as follows: 25 percent on all under $30.00; between $30.00 and $100.00, 20 percent; between $100.00 and $500.00, 15 percent; between $500.00 and $1,000.00, 10 percent; and on all […]
Section 35-13-6 Fees of appraisers. The appraisers, other than the district court, are entitled to $2.00 each, to be paid by the taker. (Code 1852, §2084; Code 1867, §2476; Code 1876, §2872; Code 1886, §3291; Code 1896, §3534; Code 1907, §5853; Code 1923, §10167; Code 1940, T. 47, §266.)
Section 35-13-7 Limitations. The owner may prove his property, if appraised at not more than $30.00, within three months; between $30.00 and $100.00, in six months; at more than $100.00, within one year after the appraisement; and, on failure to do so, the right to the same is vested in the taker, under the provisions […]
Section 35-13-8 Remedy of owner when taker refuses to deliver property. If the taker or the person in possession of the property fails to deliver the same to the owner on the order of the district court and the payment of, or offering to pay, all legal costs, charges, and expenses for keeping, such owner […]
Section 35-13-9 Liability for concealment or destruction, etc. If any person conceals, destroys, injures, obliterates, or defaces any mark, or disposes of, or carries beyond the state any property taken up adrift, before the expiration of the time allowed by this chapter for the owner to prove his property, he is liable to such owner […]
