The Tipton advertiser. [volume] (Tipton, Cedar Co., Iowa) 1856-1962, 1874-09-24
LAWS OF THE GENERAL ASSEMBLY
CHAPTER Ink.

THE HERD LAW AMENDED.
AN ACT to Amend Chapter 3, Title ri, of
the Code in relation to Domestic and 9th
cr Animals:
Of the StSte Of io,y1, That sections 1446, i44S,
1850, 145l, l452, 1853, last, l45S, 1859, l460,
li6:, lac. and l463, OF the code be and the
same are hereby repealed, and the following
enacted in lieu thereof, to-wit:
See. 2. Section 1446. Every owner of
swine, sheep, or goats, shall restrain the
same from running at large.
SEC. ). Section LAS. When any person
is injured in his lands. inclosed by a lawful
fence, by any kind OF domestic animal, he
may recover his damages by an action
against the owner, or by distraining the an
imal doing the damage; but ii they were
lawfully on the adjoining land, and escaped
theretrom by reason of the neglect Of the
person suffering the damage to maintain his
part of the division fence, the owner of thu
animals shall not he liable for such damage
and if the party injured elects to recover by
action against the owner OF the stock no APP
praisemcnt need be made by the trustees a,
in case OF distraint; and in counties wher,
by police regulation stock is restrained from
running at large, any person injured in hi
improved or cultivated lands by any domes
tic animal inay recover his damages a. pro
vided in See ion OF this act, and sections
l454, l455 and i1oj OF the code, whether tn,
lands whereon the injury was done was in
closed by a lawful fence or not.
SEC. T. Section l450. Section 800 of tn,
code is hereby amended by striking out th,
word now in the fifth line thereof ant
the word 'stock," as used therein and IL
this chapter, is hereby declared to mean cat
tie, horses, mules and asses: and, under sale
section. the beard of supervisors OF eacl
county may-and on petition of one.fourtl
~ l.t ii ftkFs 1ks Ia
returns of the las general election, mast
sdbmit in the manner provided by section
80 of the code, except as herein modified
to the electors of the county at the next gen
eral election, or, If they deem it admissible
at a special election called Tor that purpose
the following questions of police regulation
or either of them, and no others, to-wit:
First. Shall stock be restrained from run
ming at large.
Second Shall stock be restrained from
running at large between sunset and sunrise
Third. Shall stock be restrained from
running at large from the first day of (nam
ing the month"; in each year, until the frs
day of (naming the month"; followings
Fourth. Shall stock be restrained from
rise from the first day oftnaming the month
in each year, until the first day of tnamin.
the month following.
SEC. 5. Section l45l. n at such election
majority of the electors voting thereon
shall vote in favor of either of such regula
tons, then the same shall take effect an,
be in force at the end Of thirty days afte
said election. and shall continue in force un
til ninety days after an election at which. o,
a submission of the same question, major
ity of the electors of the county votln
thereon shall vote against the same: Prt
rided, That where any county. prior to tn
taking effect of this act, shall have voted o
the submission of such question 'afor RI
straining stock from running at large" 0
''for restraining stock from running u
large between the hours Of sunset and sur
rise" as provided in chapter 3, title IL, o
the code, or ia the law or laws to which tn
same is amendatory, such vote is hereby Dc
clared to be legal and valid. and to amour
to an adoption by the county OF the polio
regulation 50 voted for, as the same is here
| in voted for under this act, except that tn
same shall be and remain il force in sue
| county until the end OF thirty days after tn
next general election and no LONGER unles
| re-adopted thereat.
| Sec. q. Section l452. The owner OF an
! stock or domestic animal, prohibited by la,
| or police regulation OF any county fror
| running AT large at any of the times herein
| before metioned, shall be liable for all dan
ages done thereby while wrongfuly remain
/ ing at large upon the public highway or n,
I
! other, which may be recovered by acton q
law, or the party injured may, al his option
/ distrain he tr+spassing animals, and ret al
| the same in some safe pace, at the expcns
Of the owner. until the damages are paid a
\ provided in sections l+5i, lbs and l456
code; Prorfdsd, That no stock or domesti
animal, except the male animals mentione
in section l4is of the code. shall he consi,
cred a. running at large, so Tonga the sam
| is upon unimpruyed or uneultlvated land
| and under the immediate care and contr,
of the owner. or upon the pablo hghwa
under like control, for the purpose Of t'ay,
| or driving thereon.
SEC. Z. Section 1853 The wotd owne
as used in the preceding and three succeed
ing sections OF this chapter OF the code sha
include the person entitled to the preser
| possession OF the animal and also the pc
| son having the care or charge of the sam
| AS well a. the person having the legal It'll
thereto.
SEC, 5. This act being of immediate in
pOrtance shall take effect immediately frol
| and after lis publication in the Iowa Stat
Register, and the Iowa State Leader, newt
papers published in Des Moines, Iowa, any
! thing in the code Notwithstanding
Approved March -, 1874.
/ i hereby cert fy that the foregoing act wa
| published at Des MONIES, in the Iowa Dali
state Leader, March 81 and in the Iowa Da
| ly State Register, April |, lss4.
JOSIAH I. YoCNG .See'y OF State.
Now, therefore, NOTICES hereby given, tina
at the next general election in SAID count,
to be held on the second Tuesday in Octt
| Der, A d. 1874, the question "shall stock b
| restrained from running At largeyn will b
| submitted o the qualified electors of sal
county. as provided by law and the forge
| ing resolution.
Those voting IN favor Of said regnlatio
l ehaH hay I'm t,riY t.I h.i Iu
| lots, shall stock be restrained from run
ming at large? Yes"
| Those voting against said regulation sha
have written or printed on their ballot, til
| words, ''shall stock be restrained from run
ming at large No."
Given under my hand and seal OF tn
Board Of Supervisors, at my Office in Tiptot
in said county, this 9th day of August
| 1874.
36w4 MoREAr CARROLL, Co. Auditor.