70-103. Oath of salvor; sale of property, when; notice; disposition of proceeds.
70-103
70-103. Oath of salvor; sale of property, when; notice; disposition of proceeds.Within two (2) days after the taking up and securing of any such wreckedproperty, the salvor shall make oath before a judge of a court ofcompetent jurisdiction of the county in which such property is taken upor secured, that the property was lost or wrecked, and in a perishablecondition, and that he or she was not directly or indirectly instrumental incausing the property to be so wrecked or lost, and also the quantity,quality and estimated value of such property, and the time and place oftaking up, and that he or she has not disposed of or secreted any part of thesame.
If such property be not claimed and proved by the owner within ten(10) days after the filing of such affidavit, such judge, on theapplication of such salvor, shall issue a warrant directed to thesheriff of such county directing the sheriff to sell the same at vendue, firstgiving ten (10) days' notice by three (3) advertisements, put up inpublic places within the county, of the time and place of sale; and ifsuch property be not claimed and proved by the owner, and the salvageand costs paid, then such property shall be sold, and the proceeds shallbe returned to such judge, who shall pay to the proper parties thesalvage and the costs of proceedings, and the remainder, if any, shallbe paid to the state treasurer as provided in K.S.A.20-2801, and any amendments thereto, unless the owner shall make proof ofhis or her right to the samewithin three (3) months. If the name or initial of theowner of any log, tow, or other property, be plainly marked or brandedthereon, then the salvor shall in addition to the foregoing proceedingsalso give notice to the owner, if known from such mark or brand.
History: L. 1869, ch. 85, § 8; L. 1873, ch. 127, § 2; R.S. 1923,70-103; L. 1974, ch. 446, § 22; L. 1978, ch. 105, § 28; Jan. 1, 1979.