The weekly Ottumwa courier. [volume] (Ottumwa, Iowa) 1857-1872, 1870-04-07
CHAPTER 26.

Moines Bulletin March II, 1870
ED. WRIGHT, Sec'y of State.
CHAPTER 26.
AN ACT to restrain stock from run
ming at large. J.
SEcTsoN I. Be 1t enacted by the
General Assembly ofthe State of Io,ca,
That the owners of cattle, horses,
mules, sheep, swine aud other stock,
shall be liable for all damages done
by such stock.
SEC. 2. The owner or person in ac
tualpossession ofany cultivated lands
IN this State, shall have lien on all,
and any stock, that shall trespass on
such lands.
Sec. B. The owner OF any stock
trespassing on the improved lands
OF another, shall pay to the owner of
the land SO damaged, the actual
amount of the damages SO sustained.
Sec. 4. The person who is in pos
session ofthe land SO trespassed up
on, may distrain any trespassing
stock and retain the same, in some
safe place, at the expense ofthe own
er thereof, until said damages are
paid.
Sec. 5. Within twenty-four hours
after the stock has been restrained
Sunday not being included) the par
ty SO injured, shall notify the Town
ship Trustees, to be and appear on
the premises to view and assess the
damages when two or more OF the
Trustees nave assembled, they shall
proceed to view, and assess the dam.
ages and the amount to be paid for
keeping said stock and if the person
or persons, owning such distrained
stock, refuse to pay the damages SO
assessed, then it shall be the duty Of
the Trustees to post up notices in
three conspicuous places, in the town
ship where such damages were done,
that the said stock, or 80 much there.
of as is necessary to pay said DANA
ges, with cost Of sale, shall be sold 70
the highest bidder any money or
stock left after satisfying such claims,
shall be returned to the owner of the
stock so disposed of; said sale shall
take place at the inclosure, where
such stock was distrained, between
the hours OF one and three =. NJ, on
the tenth day after the posting of
said notices prouided, that if any one
or more OF said Trustees are in any
way interested in said damages, the
the Trustee or Trustees, not 80 in
terested, shall appoint some one or
more, as the case may require, to act
in the place of the person or persons
so interested; the owner of the stock,
or the person entitled to the posses.
sion thereof when known, shall also
be notified ofthe time and place of
the meeting ofsaid Trustees to assess
said damages.
Sec. 6. The Trustees shall make
their assessment in writing aud file
the same with the township clerk, to
be Of record in his office, and they
shall receive the sum ofone dollar
per day each for each assessment
All persons aggrieved by the action
of the Trustees, under this act, may
appeal to the Circuit Court of the
proper county, in all cases, where the
amount Of assessment shall exceed
forty dollars. The appeal bond shall
be filed with the clerk Of the town
ship in penalty double the value of
the property distrained, with good
and sufficient securities, to be approx
ed by the clerk; and from and after
the filing OF the appeal bond, the
same shall operate as a super sedeas.
The clerk, after an appeal is taken,
shall certify all the original papers to
the clerk of the Circuit Court, within
the time prescribed for The appeal,
for which he shall receive the sum of
one dollar and fifty cents fees.
SEC. I. If the owners of such di-
strained stock are not known it shall
be treated as estrays.
Sec. s. At the regular meeting of
the Board of Supervisors in June, of
each year, a majority of the Board
shall determine whether the adoption
of the provisions of this act shall be
submitted to the legal voters Of the
county, at the ensuing general olec
ton; and if theSupervisors so declare,
there may be written or printed on
each ballot either of the sentences,
following, to-wit: "For the act re-
straining stock from running at
large;" against the act restraining
stock from running at large" and if a
majority OF all the votes cast for or
against said proposition at said cleo
tion, be for said act, then, and not
otherwise, shall the provisions of this
act be in full force in such county
Prooided, u majority of the Board of
Supervisors. may submit the question,
whether the provisions OF this act
shall be repealed by u majority vote
IN any county in which it may have
been adopted, and prortded further,
that any Board Of Supervisors in any
county in this State may submit the
question Of adopting the provisions
of this act, at special election called
for that purpose.
Sec. 3. The provisions OF this act
shall take effect in ninety days after
being adopted by any county in this
State.
See, 10. This act being deemed of
immediate Importance shall be in
force, ON and after its publication in
tho daily State Register and Daily
Bulletin, papers published at Des
Moines, iowa.
Approved March II, 1870.
hereby certify that the foregoing
Act was published in the Daily Reg
lister March 10, and the Daily Bullet
in March Is, 1870.
ED. WRIGHT, sec'y OF State.
John Irish and Charles Dudley
legislature win probably adjourn
L Al