Iowa voter. [volume] (Knoxville, Iowa) 1867-1874, 1874-04-09
Iowa Herd Law.

the Legislature at Its recent SESSION, /,
we herewith give it in full. 1t re-
quires that sheep, goats, hogs and
bulls shall be restrained, and permits
counties by a majority vote to extend
its provisions to other animals:
SECTION /. BE ii enated 6y the Gen.
eraL Assembly Of the State Of Io,cd,
That sections l4i6, 14iS, 1850, 1i5l,
l452, 1853, 1867, Ii5S, 1859, 1860, I46l,
l462 and 1868 of the Code be and the
same are hereby repealed, and the
following enacted il lieu thereof
to-wit:
SEC. =. (Sec. 14i6.1 Every owner
of swine, sheep or goats shall restrain
the same from running at large.
SEC. 3. tSec. li4S.l When any
person is injured in his lands, en-
closed by lawful fence, by any kind
of domestic animals, he may recover
his damage by an action against the
owner or by distraining the animals
doing the DAMAGE but If they were
lawfully on the adjoining land and
escaped therefrom by reason OF the
neglect of the person suffering, the
owner Of the animals shall not be
liable for such damages, ana III the
party injured elects To recover by ac-
tion against the owner OF the stock,
no appraisenent need be made by
the trustees as in cases or distraint,
ard in counties where, by police reg
ulatiOn, stock is restrained from run
ming at large, any person injured IN
his improved or cultivated lands by
any domestic animal may recover
his damages as provided in section
six of this act, and sections l454, 400
aud 1876 OF the Code, whether the
lands whereon the injury was done
was enclosed by lawful fence or
not.
SEC. 4. (Sec. 1850. Section OF the
Code IL hereby amended by striking
ont the word "now" in the fifth line
thereof; and the word "stock' as
used therein, and in this chapter Is
hereby declared to mean cattle,
horses, mules and asses, and under
said section the Board of Supervisors
of each county may, and Oh the peti-
ton Of one fourth Of the legal voters
thereof rs shown by the returns OF
the last general election, must sub
nit i'm the manner provided By Sec
ton 80 Of the Code except as herein
modified, TO the electors OF the coun.
ty at the next general election, or ~
they deem it advisable, at a special
election called for that purpose the
following questions Of police regula-
tion. or either of them, and no 9TH
rrss, ttt1=sst s-1ss
lst. Shall stock be restrained from
running at large?
ID. Shall stock be restrained from
running at large between sunset and
sunrise? 4
ID. Shall stock be restrained from
running ut large from the first day
of (naming the month"; In each year,
until the first day OF (naminS the
month"; following? =,
9TH. Shall stock be restrained
from running at large between sunset
and sunrise from the first day ol
tnaming the monthly in each year,
until the first day of Nnaming the
month"; following?
SEC. 8. (Sec. ll5l.) If at such
election a majority OF the electors
voting thereon, shall vote in favor
of either OF such regulations, theh
the same shall take effect and be III
force at the end Of thirty days after
said election, and shall continue in
force until the end OF ninety days
after AN election at which, on re-
submitting Of the same question,
usiority of the electors OF the county
voting thereon shall vote against the
same: yrorided, That where any
county prior TO the taking effect of
this act shall have voted ON the SUD-
mission of such question "for re-
straiping stock from running at
Iarge.n or "For restraining stock
from running at large between the
hours of sunset and SUNRISE" as pro-
yfded in Chapter 3, Title IL, Of the
Code. or in tho law or laws TO which
the same is amendatory, such vote ls
hereby declared TO be legal and Vaild,
and 10 amount to AN adoption by the
county Of the police regulation 50
voted for. as the same Is herein set
amt as fully and efieciually as If the
same was submitted ana voted Tor
under this act, except that the same
shall be, aud remain in force In sucii
county until the end Of thirty days
after the next general election ana no
longer, unless re-adopted thereat.
SEC. G. tSec. l452. The owner
Of any stock or domestic animal pro-
hibitsd by law or police regulation
of any county from running at large
at any OF the times hereiDbeiore
mentioned, shall be liable Tor all
damages done thereby while wrong
fully remaining at large upon the
public highway or upon the iin-
proved or cultivated lands OF another,
which may be recovered by action al
law, or the party injured may, at MS
option, dlstrain the trespassing AMI
mails. and retain the same In some
safe place, at the expense OF tne
owner, until the damages are paid
az provided i'm sections lf51, lioo anu
l45G of the Code. Prorided, That no
stock or domestic animal, except ihe
male animals mentioned in section
I447 Of the Code, shall be considered
as running at large so long as tne
same Is upon unimpr0ved or uncuiti-