Cedar Falls gazette. [volume] (Cedar Falls, Iowa) 1860-1895, 1869-09-24
Distributing Stock.
AN ACT to Protect Crops Against
the Invasion of Stock

SECTION l. Be IL enacted By the General As
ssnlbty OF the state Of iOtCd That any stock taken
i'm the act of dong damage, between the hours of
sunset and sunrise, may BE- distrained 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
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
within twenty-iOur hours after such distraint
notify the owner or owners, or person or persons
claiming q right TO sach stock, or he She or they
can be found with reasonable diligencc,) that il
is distrained, and that he, she, they may forth
with appear where the damage has been done
and view, compromise, and pay the sumo or fail
ing TO do SO, The stock viii be dealt with accord
ing to law.
3. 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 and appear at the time and
place designated III 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 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 aso the amount
20 be paid by the owner or owners, or De rsons
claiming such distrained stock. and the amount 10
be paid per dtem for the keeping of each head of
such stock. and for the purpose of arriving ut any
Of the facts connected with their official duties az
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
priscment, each receive from the complaining
party one dollar for every six hours occupied By
them In making the appraisment.
s. The trustees shall at the time Of making
the appraisCment make a correct record of their
lDinVs which thpy SlHil for IN ref
ence and shall alsO, ut the time make and
deliver one copy thereof ia the complaint.
s 6. 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
the damages assessed and charges made a. de-
tcrmined 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 distrainnC
said stock any part thereof shall remain in dis
traint, and the owner or claimants are known and
have been notified ss provided by section two of
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, L. 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 pre- iUus
to the time of said sale; but If at the end Of
thirty days after such distraint, the owner or
owncrr, or claimants are not known and cannot
with reasonable diligence be found, then so
much of the stock belongs to them, or either
of them, shall be treated as estrays, according to
the laws OF this State now in force.
Z. Within twenty -four hours after such sale
the CSarman of the board of trustees shall deduct
from the, proceeds thereof the amount of damages
unpaid, with CCsts ct keeping said ftoCk, and one
dollar for every six nv%rs 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,
5 5. Within three days after such deductions
he irnlaO of thn rl ,,F
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 as shall correspond with the number OF
stock distrained. and in accordance with the de-
termination of the trustees, and if 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 to the county
treasurer, and become part of the county school
fund.
so If 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, be deemed guilty Of a 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.
5 10. At their regular session in jane of each
year majority of the board of supervisors 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
IL the the supervisors 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 il a majority of adj
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 such
county for one year, and so long thereafter as tie
legal voters shall so determine"
Approved April Z, 1858.
The form of the ballots upon said question shall
be as 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
s--~. of Supervisors hereto affixed at my
! s,. l Office in Waterloo, this Both day OF
I ( August, A. ID. 1869.
#-* DANIEL w. FOOTE,
2iw4 County Auditor