The Iowa plain dealer. [volume] (New Oregon, Howard County, Iowa) 1867-1895, 1868-07-17

towns or villages to work the same
as provided BY law for tho working
and keeping in repair of roads and
highways.
Sec. 2. This act to he in force
from an! after its publication ac-
cortling tolaw.
.s- STATE OF IOWA.
Office Of Secretary Of State. :
Dcs Moincs, May l, 1865.
hereby certify the foregoing to
be true cory Of the original roll
now on file in thi. Office
ED WRIGHT. sec'y Of state.
CHAPTER l44
Az act to protect crops against tho invas.
ions Of stock .. ...
Section |. BE it ems sctcl by tn. Gcner-
al Assembly Of the state Of Iowa, That any
stock taker in the act Of doing damage,
between the Lonrs of sunset and sunrise,
may be distrained BY the person OF persons
whose property is damaged, or by the per.
son or persons having charge thereof,
whether tho fences surrounding such pro.
pStCy NC LAWFUL OF UuSrW!Sc.
Sec. :. Whenever any stock shall ae
so dis!rained, the person or persons sus-
tanning the d m,gc, or having charge Of
the property damaged. shall. within twen-
ty-fOur hours after such distr.,int, notify
the owner or owners, or person CT persons
claiming right to such stock, .if he, she,
or they can be found with re ,sonable dilig-
ence.) that it is di.trained, and that he.
She. or they may forwith appear where the
d image has been done, and view. compro-
mise, and pay the same. or failing 80 to DO
the stock will be dealt with according to
law.
Sec. 3. The owner or owners. person
or persons having charge OF such stock.
may within twenty-four hours after rece;v-
ing such notice appear and view, conpro-
mise, and pay damages, ard If the parties
cannot agree upon the amount Of damages.
to be paid, or upon the manner by which
such damages will be determined the par
ty sustaining the damage shall immediate.
~ notify the township trustees to be and
appear at the time and place desgnstcd in
said notice, (which shall not be more than
twenty-four hours after the service there
of,) to view and assess the damages.
Sec. 4 When two or more Of said tvus.
tees have assembled, they shall proceed to
view and assess the amount Of damages
done by the stock distrained, and the
amount for which the owner Of each head
distraincd is liable, and also the amount to
be paid by the owner or owners, or persons
claiming such distrained stock, and the
amount to be paid per diem for the keeping
Of each head of such stock, and for the
purpose Of arriving Mt any Of the facts con.
nected with their official duties NJ specified
by this act, they, or either Of them, may
place under oath any person from whom
they choose to elicit the information dc,ir-
ed. And the said trustees shall, ut the
time of making the appraisement, each re-
ccivc from the complaining party onc dol
lar for every six hours occupied b. th"m in
making the eppraiscment.
Sec s. The trustees shall at the time
Of making the arpraisemcnt make cor
rect record Of their doings, which they
shall preserve for future reference, and
shall also, at the same time, make anu 'lc-
liver one copy thereof to the complainant.
Sec. 6. At any time within thirty days
from the time ofdistraining such stock, the
owner. owners. or claimants Of such stock,
or any part thereof, may reclaim them or
part thereof, By paying to the complainant
his, hes, or their proportion Of the damages
assessed and charges made, as determined
by the trustees, according 10 the number
they or either Of them may have distrained
and if at the end of thirty days after dis-
training said stock any part thereof shall
remain in distraint, and the owner 0.
claimants arc know ANA have been notified
as provided by section two Of this act, the
chairman Of the board of trustees shall sell
the same ut the enclosure, for cash to the
highest bidder, between the hours of one
and three o'clock, =. NJ. Of said day, after
posting up notices of th- time and place Of
said sale in at least three public places in
the township where said damage was done
ut least ten days previous to the time Of
said sale but if ut the end Of thirty days
after such distraint, the owner, or owners,
or claimants are not known and cannot
with reasonable diligence DE fouad, then
so much of the stock ms belongs to them, or
either of them, shall be treated as estrays
according to the laws Of this state now in
force.
Sec. Z. Within twenty-four hours af.
ter such sale, the chairman Of the board Of
trustees shall deduct from the proceeds
thereof the amount Of damages unpaid,
with costs Of keeping said stock, and one
dollar for every six hours expended by
either of the trustees. in the discharge Of
their duties us contemplated by the provi-
sicns Of this act, which amount sh:ll be
paid over to the person or persons entitled
to receive it
Sec. 8. Within three days after such
deductions have been made, the chairman
Of the board Of trustees, on demand being
made, shall pay over all ballanc 5 remain
ing in his hands to the per.on or persons
entitled to receive them, end III such pro-
portions Us shall correspond with the num-
ber Of stock distrained, and in accordance
with the determination of the trustees, and
il the owners or claimants refuse or fail to
receive Or demand the amount to which
they er either # them are entit!ed, the bal
ance shall be paid over to the county treas
urcr, and become part Of the county
.chOOl-fund.
Sec. 8. After the complainant has dis
trained any stock, any person without his
consent shall release, or attempt to release
such stock, or any part thereof, from con-
finenent, he shall, on conviction, b. dosm-
ed guilty Of Mis.lemeanor, and shalt be
J punished by hne Of not less than ten nor
, more than one hundred dollars for each
offensc, or BY Imprisonment not exceeding
thirty days.
Sec. 10. At their regular session in
June in each year, y majority Of the board
Of supervisors, in each organised county in
this state, shall determine whether the
adoption Of the provisions Of this act shall
be submitted to the legal voters ofthe coun-
ty at the ensuing general election, and If
the supervisors so declare, there may be
written or printed on each ballot cast, ei-
ther Of the sentences following, to wit :
"For the stock act" Against the stock
act, ,''-and il . m ijority Of al the votes
cast at such election in said county, be
For the stock act" then, and not other
xisa shaN fhA nrnxisions nf this net ha in