Cedar Falls gazette. [volume] (Cedar Falls, Iowa) 1860-1895, 1870-09-30

next General Election: and that the County AN
ditor be instructed to give due notice OF the
Said Act Is in words and figures AZ follows, to-
wit:
CHAPTER %,
| AN ACT TO restrain stock from running ut large.
ssm6iy Of tie STATE Of Io,ca, That the owners of
stock shall Se liable for al damages done By
$50. >. The owner or person In sctsal posses;
sion OF any cultivated lands in THE State, shall
have lien on all, and any stock, that shall tres
pass on such lands. /.
| sBc. g. The owner OF any stock trespassing
on the improved lands OF another, shall pay the
owner of sad land so damaged, the actual amount
| OF the damage so sustained,
SEC. l. The person who is In possession of the
| land 30 trespasscd upon, may distrain any tres
| passing stock and retain the same, in some safe
place, at the expense OF the owner thereof until
| said damages are paid.
| SEC. s. Within twenty-four hours after the
stock has been restrained Sunday not being In
| cluded) the party so injured, shall notify the
premises to view and assess tho damages when
| two more OF the Trustees have assembled, they
| shall proceed TO view. and assess the damages and
| the amount to be paid for keeping said stock
| trained stock, refuse to pay the damages so as
sessed, then 1t shall be the duty Of the Trustees
! to post up notices in three conspicuous places in
| the township where such damages were done,
that the said stock, or SO much thereof as Is nee
| essary to pay said damages, with cost OF sale,
| shall be sold to the highest bidder; any money
OF stock left after satisfying such claims shall be
| returned to the owner OF stock so disposed OF !;
said sale shall take place al the enclosure, where
! such stock was distrained. between the hours OF
one and three p NJ, on the tenth day after the
posting or said notices; pr0rided, that II any
one or more of said Trustees are in any way in
tcrested in said damages the Trustee or Trustees,
not so interested, shall appoint some one or more,
as the case may require, to act in the place OF the
person SO Interested; the owner OF the stock,
he dion he
when known, shall also DO notified Of the time
and place of the meeting oil said Trustees to as
| sess said damages.
| SIC. q. The Trustees shall make their assess
pients in writing and file the same with the town
ship clerk, TO be of record In his Office, and they
shall receive the sum OF one dollar per day each,
| the action OF the Trustees. under this act, may
appeal to the Circuit Court OF the proper county,
i'm all cases where the amount OF assessment shall
| exceed forty dollars. the appeal bona shall ha
filed with the clerk of the township in penalty
double the value Of the property distraiHed, with
good aud sufficient securities, to be approved by
the clerk and from and after the flin OF the ap-
peal bond, the same shall operate as super So
dsds. The clerk; after an appeal Is taken, shall
Circuit Court, within the time prescribed for the
appeal, for which he shall receive the sum OF one
dollar and fifty cents fees.
| SEC Z. If the owners of such distrained stock
are not known it shall be treated az estrnys.
| SEC. s At this regular meeting Of the Board O
Supervisors in June, OF each year, a majority o
the Boafu sn0ll OtlcfillllC NElctllcT auOpLluI
of the provisions OF this act shall be Submit ted
to the legal voters Of tho county, ut the ensuing
tgeneral election and il the Supervisors 20 de-
clare, there may be written or printed on each
ballot either of the sentences, following, to-wit
For the act restraining stock from running al
large" Against the act restraining stock from
running at barge" and If q majority of all the
votes cast for or against said proposition at eaid
election be for said act, then, and not otherwise
shall the provisions of this act be in full force IN
such county: PrCUilsa, a majority of the Board
of Supervisors, may submit the question, wheth
er the provisions OF this act shall be repealed by
majority vote in any county in which ii may have
been adopted, and PFOEtda3 further, that any
Board of Supervisors in any county in this State
may submit the question of adopting the proy
sions Of this act, at special election called fol
that purpose.
SIC. 3. The provisions Of t.is act shall take
effect in ninety days after being adopted by any
county ia This state.
SEC. 10. This act being deemed Of immediate
importance shall be in force on and after It's pub
LEGATION in the daily state RegisteF and Daily BIT
Leiin, papers published at Des AOincs, Iowa.
i Approved March q, 1870.
thereby certify that the foregoing Act was pub
lishcd ia the Patty register March 10, and the
Ddity EHiisttl Mar IS 1870
ED WRIGHT Secretary OF State