Cedar Falls gazette. [volume] (Cedar Falls, Iowa) 1860-1895, 1869-10-01
Distributing Stock.
AN ACT to Protect Crops Agains
the Invasion of Stock.

SECTION |. Be IL enacted By Tire General As
senbky Gf The .,tats If Io'ca That any stock taken
in the acc of dong damage. between the hours of
sunret and sunrise, may be distrGined by the per
son Or persons whose property il damaged or by
the person or persons having charge thereof
whether the fences surrounding such property are
lawful or otherwise.
So Whenever any stock shall be so distrained,
Ihe pcrsOn or persons sustaining the damage or
having charge OF the property damaged shall
within twenty-!Our hours after such distraint,
notify the owner or owners, or person or persons
claiming right to such stock, iii h., she, or they
can be found with reasonable diligence that il
is distrained, aud that he, she, they may forth
with appear where the damage has been done
and view, compromise. aud pay the same or fail
inc !" do 50, ths stock will DC dealt with accord
ing to law.
B. The owner or owners. person or persons
having charge Of such stock, may, within twenty
fOur hours after receiving such notice. appear and
view, compromise. and pay damages, and II the
parties cannot a|rce upon the amount of the dam
ages TO be paid. or upon the manner by which
such damage shall be determined, the party sus-
tanning the damages shall immediately notify the
township trustees to be and appear at the time and
place designated in such notice (which shall not
be more than twcntY-tOur hours after the service
thrreOfD to view and assess the damages.
4. When two or more of laid 'rustces have
assembled, they shall proceed TO view and assess
the amount OF damage done by the stock dis
traiLed and the am0unt for which the owner of
each head distrained is liable and also the amount
tC be paid by the owner or owners. or De rSOnS
claiming such diStrained stock. aud the amount to
be paid per diem for the keeping uf each head of
such stock. and for the purp0s" Of arriving at any
of the facts connected with their official duties ~
specified by this act they, or either OF them. may
plaC1 undn: oath any person from whom they
ChuD@e TO elicit the information desired. And the
said trustees shall at the time oi~naking the APP
priFcmcnt, each receive from the complaining
party one dollar tor every six hours occupied by
them in making the appraiSmcut.
$ 3. The trustees shall at the time Of making
the apprais"mcnt make correct record of their
d1ings, which they shall preserve for future refer
cnCc and shall also. at the same time make and
deliver one copy thereof to the complaint.
Il. At any time within thirty days from the
time of distraining such stock the owner, owners,
or claimants Of such stock or any part thereof
may reclaim them, or part thereof, by paying to
tn complainant his, her, or their proportion of
the damages asseksed and charges made, a. de-
tcmincd by the trustees, according 10 the mum
Der they or either OF them may have distraiEcd.
and If at the end OF thirty days after disraining
said stock any part hereof shall remain in dis
traint and the owner or cMamant. are known and
have been notified rs provided by section two OF
this act, the chairman Of the board of trustees
shall sell the sam" ut the Enclosure, for cash to the
hi-hCst bidder. between the hours OF one and
three O'Clock, r. NJ, Of said day. after posting up
notices Of the time and place of said sale in at
least three public places in the township where
said damage done, at least ten days previous
To the time of said sale; but If ut the end OF
thirty days after such distraint tn" owner or
OTncrE, or claimants are not known and cannot
with reasonable diligence be found, then so
much Of the stock as balongs to them, or either
of them. shall be treated rs cstrays according to
the lH"s Uf this State now in fore.
= Within twenty four hours after such sale
tn" 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 ar
contemplated by the provisions of this act. which
amount shall be paid over to the person or per
sons entitled to receive it,
So Within three days after such deductions
have been made, the chairman of the board OF
trustee, on demand being made shall pay over all
balances remaining in his hands to the person Oh
persons entitled To receive them and in such pro
portions ~ shall correspond with the number OF
stock distrained. and in accordance with the de.
termination of the trustees, and If the owners OF
claimants refuse or fail TO recciveNor demand the
amount TO which they or either of them are en-.
titled the balance shall be paid To the county
treasurer, and become part of the county school
fund.
So IT. after the complainant has distrained
any stock, any person without his consent shall
release, or attempt to release, such stock or any
part Thereof, from confinement, he shall on con.
victiOn, bsdeemed guilty of a misdcmeanOr, and
shall be punished by fine of not less than ten
nor more than one hundred dollars for each of
fence, or by imprisonment not exceeding thirty
days.
10. At their regular session in June of each
year majority of the board of supe' visors in
each organized county in this State shall deter
mine whether the adoption of the provisions OF
this act shall be submitted to the legal voters OF
the county at the ensuing General Election, and
If the the supervisors so declare. there may he
written or printed each ballot cast either of the
sentences following, to-wit: For the Stock Act,
Against the Stock Aet.-and ii a majority of al
the votes cast at such election in said county be
For the Stock Act then and not otherwise shall
the provisions of this act be in full force i'm such
county for one year, and so long thereafter the
legal voters shall so determine"
Approved April Z, 1868.
The form of the ballots upon said question shall
be a. follows, viz: Those voting for the adoption
of the provisions of said act shall have written or
printed on their ballots the words For the Stock
Act Those voting against the adoption of the
provisions of said act shall bave written printed
on their ballots the words Against the Stock
Act"
WITNESS my hand and the Seal of the Board
49,. of Supervisors hereto affixed at my
sr, Office In Waterloo, this Goth day OF
! eEAL' ( August, A. ID. 1859.
*-r~-* DANIEL w. FOOTE,
2iw4 County Auditor