Cedar Falls gazette. [volume] (Cedar Falls, Iowa) 1860-1895, 1869-09-10
Laws OF the 18th General Assembly.
CHAPTER ia.
Distributing; Stock.
AN ACT to Protect Crops Against
the Invasion of Stock.


SECTION l. Be IL enacted By the General A.
sen,by Of The State Of ioUd, That any stock taken
in the act OF dong damage, between the hours of
sunset and sunrise. may be distrained by the per
son or persons whose property is 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,
the person or persons sustaining the damage or
having charge of the property damaged shall
notify the owner or owners, or person or persons
claiming right TO such stock, Or he, She or they
can be found with reasonable diligencc,) that It
is distrained, and that he, she or they may forth
with appear where the damage has been done.
and view, compromise, and pay the same or, fail
ing TO do go, the stock will be dealt with accord
ing to law.
1 g. 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 IL the
parties cana OF agree 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 twenty-four hours after the service
thereby to view and assess the damages.
4. When two or more of said Il pstees have
assembled they shall proceed to view and Assess
the amount Of damage done by the stock G!s-
traiLed and the amount for which the owner OF
each head distrained is liable and also the amount
to be paid by the owner or owners, persons
claiming such distrained stock. and the amount 10
be paid per dieRl for the keeping of each head of
such stock, and for the purpose of arriving at any
of the facts connected with their official duties
specified by this act they, or either of them, may
place under oath any person from whom they
choose to elicit the information desired. And the
said trustees shall at the time of making the ap-
prisement, each receive from the complaining
party one dollar for every six hours occupied By
them in making the appraisment.
s D. The trustees shall at the time of making
he NAL a of tbnfr
doings which they shall preserve for future refer
ence, and shall also at the same time, make and
deliver one copy thereof to the complaint.
q. 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
the damages assessed and charges made as de-
termined by the trustees, according TO the num-
Der they or either of them may have distrained,
and If at the end OF thirty days after distraning
said stock any part thereof shall remain i'm dis.
traint, and the owner or claimants are known aud
have been notified as provided by section two of
this act, the chairman of the board Of trustees
shall sell the same at the nclosure for cash TO the
highest bidder, between the hours of one and
three o'clock p. NJ, of said day. after posting up
notices OF the time and place of said sale in at
least three public places in the o vnship where
said damage was done, at least ten days previous
to the time of said sale; but If at the end of
thirty days alter such distraint, the owner or
owners or claimants are not known and cannot
with reasonable diligence be found, then so
much of the stock as belongs to them, or either
OF them. shall be treated as estrays according to
the laws OF this State now in force.
-. Within twenty-four hours after 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 Tor every six hours expended by either OF
the trustees, in the discharge of their duties as
contemplated by the provisions of this act. which
amount shall be paid over to the person or per-
sons entitled to receive 1t.
4 three pDu
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 or
persons entitled to receive them, and in such pro-
portions "a shall correspond with the number of
stock distrained, and in accordance with the de-
termination OF the trustees, and il the owners or
claimants refuse or fail to receive or demand the
amount to which they or either of them are en-
titled, the balance shall be paid over 10 the county
treasurer, and become part OF the county school
fund.
30. II, 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-
yiction, be deemed guilty of a msdemeanor, aud
shall be punished by a fine of not less than ten
nor more than one hundred dollars for each of.
fence, or by imprisonment not exceeding thirty
days.
TO- At their regular session In June of each
year a majority OF the board Of supervisors in
each organized county in this State shall deter
mine whether the adoption of the provisions Of
the county at the ensuing General Election, and
II the the supervisors so declare. there may be
written printed each ballot cast either of the
sentences following, to-wit: For the Stock Act.
Against the Stock Act.'-and If majority of all
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 in s6ch
county for one year. and so long thereafter as the
legal voters shall so determine"
Approved April Z, 1868.
The form of the ballots upon said question shall
be az 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 writ en- or printed
on their ballots the words Against the Stock
Act"
WITNESS my hand and the Seal of the Board
.-@-s of Supervisors hereto affixed at my
J. Office In Waterloo, this Both day
! eHA"' August, A. ID. 1859
*---* DANIEL w. F0OTE, 4
24w4 County Auditor.