CHAPTER 8. FINDING STRAYS OR PROPERTY ADRIFT
IC 32-34-8
Chapter 8. Finding Strays or Property Adrift
IC 32-34-8-1
Advertisement for animal or article found
Sec. 1. A person who finds a stray horse, mule, ass, sheep, hog,cattle, or goat, or any other article of value, shall, within five (5) daysafter finding the animal or article, advertise the animal or article inwriting in three (3) of the most public places in the township wherethe animal or article was found, stating the time the animal or articlewas found and giving a description of the animal or article.
As added by P.L.2-2002, SEC.19.
IC 32-34-8-2
Unclaimed property; report to court; warrant and appointment forappraisal
Sec. 2. (a) If the owner does not claim the property described insection 1 of this chapter within fifteen (15) days after the date theproperty is found, the finder shall report the property to a court withjurisdiction in the county where the property was found.
(b) The court shall issue a warrant to three (3) householders of theneighborhood not related to the finder (unless persons not related tothe finder are not available) directing any two (2) of the householdersto appraise the property. The appointed householders shall appraisethe property and provide in writing to the court a report containingthe following information:
(1) A clear description of the property.
(2) The householders' valuation of the property.
(3) A declaration under oath that the appraisal and descriptionwere made without partiality, favor, or affection.
As added by P.L.2-2002, SEC.19.
IC 32-34-8-3
Oath of finder
Sec. 3. The finder must, at the time the householders make thereport required by section 2(b) of this chapter, state under oath thatthe finder has no knowledge that the marks, brands, or appearance ofthe property have been altered by the finder or any other person sincethe property was lost, except for the changes stated in thehouseholders' written report.
As added by P.L.2-2002, SEC.19.
IC 32-34-8-4
Unclaimed stray horse, mule, or ass taken to pound
Sec. 4. The finder of an unclaimed stray horse, mule, or ass thatis at least two (2) years of age shall take the animal to the pound ofthe proper county and keep the animal at the pound from 11 a.m.until 3 p.m. on the first day of each of the two (2) succeeding termsof the circuit court after finding the stray.
As added by P.L.2-2002, SEC.19.
IC 32-34-8-5
Description, valuation, and fee
Sec. 5. A court receiving the property report prepared undersection 2 (b) of this chapter shall, within ten (10) days, transmit tothe clerk of the circuit court a copy of the description and valuationof the property, together with the proper fee. The clerk shall enter thedescription and appraisal in a book to be kept for that purpose.
As added by P.L.2-2002, SEC.19.
IC 32-34-8-6
Advertisement; value exceeding $10
Sec. 6. Property described in section 1 of this chapter that isgreater than ten dollars ($10) in value must be advertised in anewspaper of the county, if there be one, and if not, in a paper inIndiana nearest the county where the property was found. The clerkshall forward to the printer a copy of the register that is marked onthe outside, "Stray Property," together with a fee of one dollar ($1)out of which the printer shall pay postage.
As added by P.L.2-2002, SEC.19.
IC 32-34-8-7
Title to property
Sec. 7. If the provisions of this chapter are complied with, title to:
(1) an article described in section 1 of this chapter that is notmore than twelve dollars ($12) in value and that remainsunclaimed or unproven by the owner within ninety (90) daysafter the property is found; or
(2) a stray animal described in section 1 of this chapter that isequal to or less than ten dollars ($10) in value and that remainsunclaimed or unproven by the owner within one (1) year afterthe property is found;
vests in the finder.
As added by P.L.2-2002, SEC.19.
IC 32-34-8-8
Unclaimed property and strays reported to court
Sec. 8. If:
(1) an article described in section 1 of this chapter has anappraised value greater than twelve dollars ($12) and is notclaimed and proven within ninety (90) days after the day thearticle is found; or
(2) a stray animal other than a horse, a mule, or an ass has anappraised value greater than ten dollars ($10) and is not claimedand proven within six (6) months after the animal is found;
the finder shall report that information to a court with jurisdictionwhere the property was initially found not later than five (5) daysafter the expiration of the time specified in this section.
As added by P.L.2-2002, SEC.19.
IC 32-34-8-9 Sale of property; proceeds distribution; receipts
Sec. 9. (a) The court shall issue a warrant to the sheriff to sell theproperty at auction, giving ten (10) days notice in writing of the timeand place of sale and describing the property to be sold.
(b) The sheriff shall, within five (5) days after the sale, return theorder and proceeds of sale to the court, retaining one dollar ($1) forthe sheriff's services.
(c) The court shall immediately pay over to the county treasurerthe proceeds of sale, after deducting the proper amount to be paid tothe finder, fifty cents ($0.50) for the fee of the judge of the court and,for every mile that the judge must travel in making the return, a sumfor mileage equal to that sum per mile paid to state officers andemployees.
(d) The court shall receive from the treasurer duplicate receiptsand file one (1) receipt in the office of the clerk of the circuit courtand one (1) receipt with the county auditor.
As added by P.L.2-2002, SEC.19.
IC 32-34-8-10
Sale of horse, mule, or ass if value exceeds $20; proceedsdistribution; receipts
Sec. 10. (a) If a horse, a mule, or an ass that has an appraisedvalue greater than twenty dollars ($20) remains unclaimed orunproven twelve (12) months after the date the horse, mule, or asswas found, the finder shall deliver the horse, mule, or ass to thesheriff of the proper county on the first day of the term of the circuitcourt after the expiration of the twelve (12) month period.
(b) The sheriff shall sell the horse, mule, or ass delivered undersubsection (a) at a public sale.
(c) After retaining one dollar ($1) for the sheriff's services andpaying to the finder the charges as provided by this chapter, thesheriff shall pay the proceeds of the sale to the treasurer of thecounty within five (5) days after the sale.
(d) The sheriff shall receive from the treasurer duplicate receiptsand file one (1) receipt in the clerk's office and the other receipt withthe county auditor.
As added by P.L.2-2002, SEC.19.
IC 32-34-8-11
County stray fund
Sec. 11. The county treasurer shall enter all sums paid under thischapter to the credit of the county stray fund.
As added by P.L.2-2002, SEC.19.
IC 32-34-8-12
Finder's fee
Sec. 12. (a) The finder's fee is as follows:
(1) For each horse, mule or ass, one dollar ($1).
(2) For each head of neat cattle, fifty cents ($0.50).
(3) For each sheep, goat, or hog more than six (6) months old,
ten cents ($0.10).
(b) If the owner reclaims and proves the property before theproperty is posted, the finder is allowed half of the appropriateamount listed in subsection (a).
As added by P.L.2-2002, SEC.19.
IC 32-34-8-13
Reward of finder; right to jury determination
Sec. 13. (a) The finder of an article described in section 1 of thischapter is allowed a reasonable sum, as determined by a court withjurisdiction where the property was initially found.
(b) Either the claimant or the finder may have a jury determinewhat amount is just and reasonable for finding and taking care of theproperty.
As added by P.L.2-2002, SEC.19.
IC 32-34-8-14
Court fees
Sec. 14. (a) If the property described in section 13 of this chapteris greater than three dollars ($3) in value, the finder of the propertyshall pay to the court, at the time of reporting, fifty cents ($0.50) forthe judge of the court, fifty cents ($0.50) for the clerk, and one dollar($1) for the printer where printing is required.
(b) If the value of the property described in section 13 of thischapter is less than three dollars ($3), the court may not make areturn to the clerk and the fee is twenty-five cents ($0.25).
As added by P.L.2-2002, SEC.19.
IC 32-34-8-15
Register of stray animals and found articles
Sec. 15. (a) The clerk shall keep a register of stray animals andfound articles.
(b) If several strays or articles are found by one (1) person, theremay be only one (1) entry, one (1) advertisement, one (1) fee of theclerk, and one (1) fee of the judge.
As added by P.L.2-2002, SEC.19.
IC 32-34-8-16
Compensation for finder
Sec. 16. If found property is sold or reclaimed, the finder isallowed just and reasonable compensation for keeping the propertyas determined by the court with jurisdiction where the property wasinitially found. The finder shall:
(1) keep account of the time a stray animal is kept by the finder;and
(2) state the time to the court under oath.
As added by P.L.2-2002, SEC.19.
IC 32-34-8-17
Compensation for services of animal Sec. 17. (a) If an animal is found under the provisions of thischapter and worked by the finder, a reasonable compensation shallbe allowed for the services of the animal. The compensation shall bededucted from the cost of keeping the animal.
(b) The finder, if required, shall verify, under oath, the time theanimal worked.
As added by P.L.2-2002, SEC.19.
IC 32-34-8-18
Reclaiming property; proof
Sec. 18. (a) At any time before sale, the owner may have theproperty by proving ownership in the court where the finding wasreported under this chapter and paying the charges required by thischapter.
(b) At any time up to two (2) years after the date of sale, theowner may reclaim the money paid into the treasury by proper proofbefore the county auditor.
As added by P.L.2-2002, SEC.19.
IC 32-34-8-19
Limitations; time and place of taking up animals
Sec. 19. (a) Except as provided in subsection (c), a person maynot:
(1) take up any horse or stock under this chapter except at theperson's place of residence; or
(2) drive any horse or stock out of the woods and take them upunder this chapter.
(b) Except as provided in subsection (c), an animal may not betaken up under this chapter between the first day of April and thefirst day of November unless the animal is found in the enclosure ofthe person who takes up the animal.
(c) When any animal may be in the act of escaping from theowner, it may be taken up at any time, wherever found.
As added by P.L.2-2002, SEC.19.
IC 32-34-8-20
Limitation on removal of property from county
Sec. 20. The finder, until the finder becomes the property's owner,may not take the found property or allow the property to be taken outof the county where the property was found for longer than three (3)days at any time.
As added by P.L.2-2002, SEC.19.
IC 32-34-8-21
Fatted hogs
Sec. 21. (a) Fatted hogs that are found may, at the option of thefinder, be killed one (1) month after posting.
(b) If fatted hogs are killed under subsection (a), the finder shall,immediately after killing the hogs, pay the hogs' appraised values,deducting costs and charges (to be liquidated as in other cases) to the
county treasurer for the use of the owner.
As added by P.L.2-2002, SEC.19.
IC 32-34-8-22
Stock hogs
Sec. 22. Stock hogs that are found may, at the option of the finder,be purchased by the finder, six (6) months after posting, at the hogs'appraised value, deducting the costs allowed by this chapter forfinding the hogs but without an allowance for keeping the hogs.
As added by P.L.2-2002, SEC.19.
IC 32-34-8-23
Shipwrecked property; inapplicability
Sec. 23. (a) Sections 1 through 22 of this chapter do not apply toproperty described in this section.
(b) If, upon any navigable waters within or bordering Indiana,cargo that is shipped as freight, the baggage of passengers, or a partof either of a vessel is cast adrift, afloat, or ashore by a wreck,accident, or mischance of the vessel, the cargo or part of the cargofound and secured by a person may be reclaimed by the captain,clerk, or officer navigating the vessel, the super cargo, or the owneror agent of the owner of the cargo or baggage.
(c) If the property described in this section is not claimed withinseven (7) days after the property is found, the finder of the propertyshall advertise the property as required for articles described insection 1 of this chapter.
As added by P.L.2-2002, SEC.19.
IC 32-34-8-24
Shipwrecked property; surrender upon proof; finder'scompensation
Sec. 24. A person who finds property described in section 23 ofthis chapter shall surrender the property to a claimant upon proof, orcircumstances satisfactory to the finder, of the right of the claimantto the property, and after the payment by the claimant of reasonablecompensation for services or expenses in connection with the findingand preserving of the property.
As added by P.L.2-2002, SEC.19.
IC 32-34-8-25
Refusal to return property; summary proceedings
Sec. 25. If a person with possession of the property refuses toreturn the property to the claimant or claims unreasonablecompensation for the services and expenses in the finding andpreservation of the property, the claimant may have a summaryproceeding before:
(1) the court where the property was reported under this chapterif the property was reported; and
(2) any court with jurisdiction where the property is located ifthe property was not reported to a court under this chapter;for the recovery of the property.
As added by P.L.2-2002, SEC.19.
IC 32-34-8-26
Affidavit of claimant; summons of finder or person in possessionof property
Sec. 26. (a) The claimant must file before the court specifiedunder section 25 of this chapter an affidavit of the facts attending thewreck or accident, enumerating as nearly as possible the articles orpackages in the possession of the finder and the claimant's right torecover the property.
(b) The court shall summon the person who found or is inpossession of the property to appear before the court at a place andat the earliest practicable time, as designated in the writ, but not morethan three (3) days after the date of the writ.
As added by P.L.2-2002, SEC.19.
IC 32-34-8-27
Hearing
Sec. 27. (a) The court shall hear and determine the matters incontroversy in the most speedy manner practicable, as otherproceedings are determined before the court.
(b) The court may fix the amount of compensation the claimantmust pay and award a writ, or writs, for the delivery of the propertyto the claimant upon payment of the compensation.
As added by P.L.2-2002, SEC.19.
IC 32-34-8-28
Rules of trial procedure govern
Sec. 28. (a) The trial described in section 27 of this chapter isgoverned by the Indiana rules of trial procedure, except as tocontinuances.
(b) Appeals may be taken by either party upon the same terms andunder the same rules as appeals in other civil cases are taken.
As added by P.L.2-2002, SEC.19.
IC 32-34-8-29
Appraiser compensation
Sec. 29. An appraiser appraising property in accordance withsection 2 of this chapter shall receive compensation for the appraisalservices in the sum of fifty cents ($0.50) to be paid the same manneras other expenses involved in the finding of strays.
As added by P.L.2-2002, SEC.19.