The Tipton advertiser. [volume] (Tipton, Cedar Co., Iowa) 1856-1962, 1874-09-17
CHAPTER Xxx.

AN ACT to Amend Chapter 3, Title ri, Of
the Code in relation to Domestic and 9th.
err Animals:
SEC. I. Be Il encae,- bn the General ASSEMBLE,
Of Tie StSte o.. ,osre. TIA. Sc, tions LAG, l44s,
1850, l45l, -, l-Do, -, 1aJS, 1459, 1850,
l46;, 1862 and 1si3, OF .,e co1e be and the
same are hereby repea led, and the following
enacted In lieu thereof, ,o-wit:
Sec. 2. Section l446. Every owner of
swine, sheep, or goats, shall restrain the
same from running at large.
SEC 3. Section 144S. When any person
is injured in his lands, inclosed by a lawful
fence, by any kind OF domestic animal he
may recover mis- damages by an action
against the owner, or by distraining the an
imal 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 damage TO maintain his
part of the division fence, the owner of the
animals shall not be liable for such damage,
and If the party injured elects to recover by
action against the owner Of the stock, no APP
praisement need be made by the trustees as
in case of distraint; and in counties where
by police regulation stockis restrained from
running at large, any person injured in his
improved or cultivated lands by any domes-
tic animal may recover his damages as pro-
vided in section d of this act, aud sections
1854, 1455 ,-nl l45o of the code, whether the
closed by a lawful fence or not.
SEC. 4. Section l45O. Section 800 of the
code is hereby amended by striking out the
word now in the fifth line thereof; and
the word "stock," as used therein and in
this chapter, is hereby declared to mean cat
tie, horses, mules and asses; and, under said
section, the beard of supervisors of each
county may-and on petition of one fourth
of the legal voters thereof as shown by the
returns of the last general election, must
sdbmlt 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 special election called for 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 first
day of lnaminy the month"; followingy
Fourth. Shall stock he restrained from
running at large between sunset and sun.
rise from the first day of(naming the month";
in each year, until the first day of fnaming
the month"; following?
SIC 5 Section l45l II al such election
majority of the electors voting thereon,
shall vote in favor of either of such regula.
tions, then the same shall take effect and
be in force at the end OF thirty days after
said election, and sa II continue in force I'M
til ninety days alter an election at which, on
q submission of the same question, a major
ity OF the electors IF I county voting
thereon shall vote against the same: Pro
Vsded, That where any county. prior to the
taking effect OF this act, shall have voted on
the submission of such question s'for re-
~ aip,tn och FRO
"for restraining stock from running at
large between the hours of sunset and sun
rise as provided in chapter 3, title II, of
the code, or 10 the law or laws to which the
same is amendatory, such vote is hereby de-
clared to be legal and valid. and to amount
TO an adoption by the county of the police
regulation SO voted for, as the same is here
In voted for under this act, except that the
same shall be and remain in force in such
county until the end Of thirty days after the
next general election and no longer unless
re-adopted thereat.
SEC. q. Section 1452 The owner of any
stock or domestic animal, prohibited by law
or police regulation of any county from
running at large at any OF the times herein
before metoned, shall be liable for all dam
ages done thereby while wrongfully remain.
ing at large upon the public highway or up
on the improved or cultivated lands of an
other, which may be recovered BY action at
law, or the party injured may, at his option,
distrain the trespassing animals, and ret ain
the same in some safe place, at the expense
OF the owner, until the damages are paid as
provided in sections l454, 1855 and i46 Of
code; Prorided, That no stock or domestic
animal, except the male animals mentioned
IN section l44I of the code, shall be consid-
cred as running at large, so long as the same
Is upon unimproyed or uncuItivated lands.
and under the immediate care and control
OF the o." ae,, or Don the public highway
under Ike sol o., 20 tae 20, ,ose travel
or d.iy'ty ,ai",eoa.
Sc. J.. Sc ioa i.53 Tire xo q o.per,
as used u he /, eceu;3@ d 81 ee sJ.eecd
ing sec loss 0, "a - - , OF Il e code. shall
include ,,fe ,e sol en- Ell to tie resent
possession o, ne a.isnIai, .nt go he oec-
son h.'y.h; the "a o. IL 80 he az re
tic'e.o.
SEC s. his -. ,c'py o; ~ M, c in
DO e.. nee saat' AXE edo. l,me, n. - ION
i I'd a. e. oubi.a iol' &c . "a S @
Rel o., AT ae .oUa ,yage lea 9 neyI-
n. ,e pr y ,et al De- Mo'nes. Iowa ANY
,biig % ie ode no."., st. idil,.
Aoo oyet II "s. 49,
Ih'tc3F -. he o e~oi,gp was
puoishe, Dcs 10; 'es, n ne 'o,se Daily
St3te I.etc" - ..'1t. 4 tie Iowa Da'-
~ Ste ce..S. -. =.
JoIAH T. vouNG, Sec'y of State
NOW, tn" eiore, no, lis hereby given, that
at the next general election In said county,
TO be held on the second Tuesday in Octo-
Der, A. D. 1874, the question "shall stock be
restrained from running at la gey'' will be
submitted TO the qualified electors Of said
county, as provided by law and the forego-
ing resolution.
Those voting in favor OF said regulation
shall have written or printed on their bal
lots, shall stock be restrained from run
ping at larges Yes"
Those voting against said regulation shall
have written or printed on their ballots the
words, "shail stock be restrained from run
ming at large No."
Given under nv hand and seal OF the
Board OF Superyisoss al my Office in Tiptoa,
N said county, this 21th day of August
1874
s6w4 MoREAu CARROLL, Co. Auditor.