Iowa voter. [volume] (Knoxville, Iowa) 1867-1874, 1870-04-07
LAWS OF IOWA
PUBLISHED BY AUTHORITY.
CHAPTER 90.
AN ACT to restrain stock from running

AN ACT to restrain stock from running
at large.
SECTION \. BE it enacted by the GenerGt
assembly Of the State OF Iopd, That the
swine and other stock, shall be liable Tor
all damages done by such stock.
SEC. = The owner or person in actual
pcss ession Of any cultivated lands in this
State shall have a lien on all and any
stock that shall trespass on such lands.
SEC. 3. The owner of any stock tres
passing on the improved lands of another,
shall pay to the owner 1.-THE land so DAM
aged, the actual amount of the damage SO
sustained.
Size. 4. The person who IS in posses
sion Of the land SO trespassed upon, may
distrain any nespassing stock and retain
the same, in some safe place, at the eN-
pense Of the owner thereof, until said
damages are paid.
Src. 5. Within twentv-four hours after
the stock has been restrained SUNDAY
not being included) the party so injured
shall notify the Township Trustees To be
and appear on the premises To view and
assess the damages; when two or more Of
the Trustees have assembled, they shall
proceed To view and assess the damages
anu me amount 10 DC PAID Tor Keeping
said stock; and if the person or persons
owning such distrained stock refuse to
pay the damages SO assessed, then 1T snail
be the duty Of the Trustees 20 post mp
notices in three conspicuous places, IN the
Township where such damages were done.
that the said stock, or so much thereof as
is necessary to pay sad damages, WIN
cost OF sale, shall be sold to the highest
bidder; amy money or stock left after sat
isfviig such claims. shall be returned to
the owner of the stock 50 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;
pTODfdcd, that if any one or more OF sad
Trustees are in any way interested in such
damages, the Trustee or Trustees, not so
interested shall appoint some one or
more, as the ease may require, to act III
the place of the person or persons 50 m
terestcd the owner Of the stock, or the
person entitled TO the possession thereof,
when known, shall also be notified of the
time and place of the meeting of said
Trustees to assess said damages.
Sn'. The Trustees shall make their
assessment in writing and file the same
with tie Township Clerk, 20 be recorded
in his office, and they shall receive the
sum Of one dollar per day each for each
assessment. All persons aGgrieEcd by
the action Of the Trustees, under TINS act,
may appeal to the Circuit Court OF the
proper county, in all cases, where the as
sessrlenf shall exceed forty dollars. The
appeal bond shall be filed with the clerk
OF the township in Il penalty double the
value Of the property distraincd, with
good and sufficient securities, to be APP
proved by the clerk; and from and after
the filing Of the appeal bond, thassanc
shall operate as a SHper SededS. The cierk,
after an appeal is taken, shall certify all
the original papers To the clerk oflthe
Circuit Court, within the time prescribed
for the appeal, for which he shall recctNe
the sum Of one dollar and fifty cents iesS
SEE. I. Ii the owners of such distraiHeW
stock are not known it shall be treated az
estrays.
Size. $. At the regular meeting Of the
Board Of Supervisors in june, of each
year, majority Of the Board shall deter
mine whether the adoption of this act
shall be submitted to tie legal voters of
the county, at the ensuing general elec-
ton; and il the Supervisors so declare,
there may be written or printed on each
ballot either OF the sentences following,
to wit: "For the act restraining stock
from running at large" against the act
restraining stock from running at large;' 4
and if a majority Of all the votes east iof
or against said proposition ut said eleG
ton, be for said act, then, and not othF-
wise, shall the provisions Of this act bein
full force in such county. ProGdef, a
majority OF the Board of Supervisors
may submit the question. whethey the
provisions OF this act sh'dl he repeal RI by
q majority vote in any cohpty Ii@ Fch it
may have been adopted, ~Aed pYptded
FURTHER, that amy Board of Suptrv ters IN
any county in This State may sAHnlh the
question Of adopting the proyfsNlis of
this act, at special election 1caliakzfor
that purpose. "a
SEC. o. The provisions Of this act shAl
take effect in ninety days after being
adopted by any county in this State.
Sec. TO- This Act being deemed of inF
mediate importance, shall be in force n
and after its publication in the daily stag
Re9tS~r and daily BHitetin, papers pup
lished at Des Monica Iowa.
i hereby ccrtl\ that thS 'sstssoasfs act
was published y the FIX o,,1 Rs G9,,,,
IS, 1870.