Cedar Falls gazette. [volume] (Cedar Falls, Iowa) 1860-1895, 1869-09-17
LAWS Of the I2th General Assembly,
CHAPTER IA.
Distraining Stock.
AN ACT to Protect Crops Against
the Invasion of Stock.

SECTION l. Be u enacted by the General As
sebty Of the State Of ioaod, That any stock taken
sunset and sunrise, may be dstrained by the per
son persons whose property is damaged, or by
the person or persons having charge thereof,
whether the fences surrounding such property are
ga. Whenever any stock shall be 80 distrained,
the person or persons sustaining the damage or
havfng charge of the property damaged, shall
within twenty-four hours after such distraint,
notify the owner or owners, or person or persons
claiming right to such stock, Of he, she, they
can be found with reasonable diligencc,) that IL
is dis trained, and that he, She they may forth
with appear where the damage has been done,
and view, compromise, and pay the same or, fail
ing TO do SO, the stock will be dealt with accord
ing to law.
8. 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 If the
parties cannot 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 aud appear at the time and
place designated in such notice, (Which shall not
be more than twenty-four hours after the service
thereOf,) to view and assess the damages.
4. When two or more of said trustees have
assembled, they shall proceed to view and assess
the amount OF damage done by the stock dis
traiLed, and the amount for which the owner of
each head distrained Is liable, and also the amount
to be paid by the owner o. 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 at any
of the facts connected with their official duties, as
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 APP
prisement, each receive from the complaining
party one dollar for every six hours occupied by
them i'm making the appraisment-
So The trustees shall at the time of making
the appraisement make correct record OF their
dongs. which they shall preserve for future refer
ence, and shall also, Mt the same time, make and
deliver one copy thereof to the complaint.
SC. 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 complainant his, her, or their proportion OF
termined by the trustees, according 10 the num-
Der they or either Of them may have distrained,
and If at the end or thirty days after distraining
| said stock any part thereof shall remain in dis.
traint, and the owner or claimants are known and
have been notified as provided by section two oil
this act, the chairman of the board OF trustees
shall sell the same at the Enclosure, for cash to The
highest bidder, between the hours of one and
three O'Clock Z. 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 was DONE at least ten days previous
to the time of said sale; but II at the end oil
thirty days alter such distraint, the owner OF
owners, or claimants are not known and cannot
with reasonable diligence be found, then 90
much of the stock as belongs to them, or either
OF them. shall be treated as esirays, according to
the laws of this State now in force.
So. 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 for 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 it,
SIS. Within three days after such deductions
have bppn made chairman hoard n
trustee, on demand being made shall pay over all
balances remaining in his hands to the person OIL
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 If the owners OF
claimants refuse or fail to receive or demand the
amount to which they or either of them are en-.
titled, the balance shal be paid TO the county
treasurer, and become part of the county school
fund.
So II, amer the complainant has distrained
release, or attempt to release, such stock or any
part there I, from confinement he shall. on con.
yiction, be deemed guilty of q misdemeanor, 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 oil
this act shall be submitted to the legal voters OF
If the the supervisors so declare. there may be
written or 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 i'm full force In such
county for one year. and so long thereafter as the
legal voters shall so determine"
Approved April Z, 1868.
The form nf the ballots upon said question shall
- =. go. viz! Those voting for the adoption
of the provisions OF sar. &C. .:-S- tba StacL
printea On their oailots tne Worus the
Act" Those voting against the adoption o., -
provisions Of said act shall bave written or printed
on their ballots the words Against the Stock
Act"
WITNESS my hand and the Seal of the Board
s~s of Supervisors hereto affixed at my
Jspr I office In Waterloo, this Both day OF
! ( August, A. ID. 1860.
&-s DANIEL w. FOOTE,
siw4 County Auditor.