Illinois Compiled Statutes
Chapter 765 - PROPERTY
765 ILCS 1020/ - Estrays and Lost Property Act.

(765 ILCS 1020/0.01) (from Ch. 50, par. 0.01)
Sec. 0.01.
Short title.
This Act may be cited as the
Estrays and Lost Property Act.

(Source: P.A. 86-1324.)
 
(765 ILCS 1020/1) (from Ch. 50, par. 1)
Sec. 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.

(Source: P.A. 83-575.)
 
(765 ILCS 1020/2) (from Ch. 50, par. 2)
Sec. 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.

(Source: R.S. 1874, p. 482.)
 
(765 ILCS 1020/3) (from Ch. 50, par. 3)
Sec. 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.

(Source: R.S. 1874, p. 482.)
 
(765 ILCS 1020/4) (from Ch. 50, par. 4)
Sec. 4.

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

(Source: R.S. 1874, p. 482.)
 
(765 ILCS 1020/20) (from Ch. 50, par. 20)
Sec. 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.

(Source: P.A. 81-273.)
 
(765 ILCS 1020/21) (from Ch. 50, par. 21)
Sec. 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.

(Source: P.A. 84-646.)
 
(765 ILCS 1020/27) (from Ch. 50, par. 27)
Sec. 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.

(Source: P.A. 83-376.)
 
(765 ILCS 1020/28) (from Ch. 50, par. 28)
Sec. 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.

(Source: P.A. 83-1362.)
 
(765 ILCS 1020/29) (from Ch. 50, par. 29)
Sec. 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.

(Source: P.A. 81-273.)
 
(765 ILCS 1020/30) (from Ch. 50, par. 30)
Sec. 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.

(Source: P.A. 81-273.)
 
(765 ILCS 1020/31) (from Ch. 50, par. 31)
Sec. 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.

(Source: P.A. 81-273.)
 
(765 ILCS 1020/32) (from Ch. 50, par. 32)
Sec. 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.

(Source: P.A. 81-273.)
 
(765 ILCS 1020/34) (from Ch. 50, par. 34)
Sec. 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.

(Source: P.A. 81-273.)
 
(765 ILCS 1020/35) (from Ch. 50, par. 35)
Sec. 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.

(Source: P.A. 81-273.)
 
(765 ILCS 1020/36) (from Ch. 50, par. 36)
Sec. 36.
Appeals may be taken as in other civil cases.

(Source: P.A. 81-273.)

Structure Illinois Compiled Statutes