Buchanan County bulletin. [volume] (Independence, Iowa) 1869-1891, 1877-03-09
The Iowa Herd Law.
State Register.


ing every mans farm fenced, that
they begin to think this is one of the
natural rights. when i'll fact it is one
of the temporarily surrendered rights
for the resumed general good. The
common law encircles every mans
farm with an ideal or imaginary
fence, and the act of Il stranger (n"t
OF the family breaking through the
ideality is 4 trespasscr. So parti;u
lar is the common love of the sacred
ness of lands and houses, that if a
man finds another mans door stand
ing open, and enters therein mlaw-
fully, he is not only trespasser,
but Is chargeable with breaking it
open. One man en'cring upon All
others untenced farm is noninaily a
trespa>ser. He is not only respon-
81 lie for his own acts OF trcSSpass,
bu, tor his authorized agents and his
animals. The reason he is RESPONSE
bic for his animals is that he cannot
b. ignoran, of their wandering hab-
it's, and Is consequently responsible
tor their acts, as he would he for the
acts OF L dangerous bull or dog
which the owner knew was not safe
to run at large. Under the common
law man cannot plead his ignor-
ance of Il trespsSsing nature of
lis stock. In some States the statute
provides if the owner will abandon
the ownership OF trespassing ami.
mails, no damage can be recovered OF
him. And whether fences are re-
quired or not if mans animal.
,reslass, the owner SO soon as iii
formed can enter upon the farm 10
recover them without being liable
himself for ,respas>; but If he de
lays recovering them at one" the.
become trespas>ers by his neglect
and he cannot take his stock until
the damages are paid. So in the ab
scuce Of any law by the State al
Iowa regulating fences or herds, ev
cry man would be compelled to take
care OF his stock. Fences are no,
Il natural incurnhrance, but the bur
den has been imposed by Legislation
on the plea thar certain rights must
be surrendered for the general good
is TIE HERD LAW CONsTITUTInNAL.
There never WIS any question In
q Legislature has Ia. unhriia;.l,
tiyI, /" pass >u' i, ser Laws %, 81
rrt,al Ill ;.,n, 'H,,>. '','. y M: IL
back 81. sl.r cen n:.": i.". En- -
po>ili"n i'a> beer ii>pu;r'' rat t.
Legislature had ,I". ri .l. t" pass :
law c"n'h'i"r'al upon liz adoption h.,
a,"." al tie I-"p,'. Bn =" oh,
ate I; is eff ul', = Legislature
now cs.hiri> OF ,nri r.u.. ~ i,.w.'
ship mnli.t auil"rii. +" regulate
stock within their respective juris
liction>. This authority is gwen t,
all, as it has heretofore been givei
To towns and cities. In this WA,
The hes, lawyers sd. there can he M
doubt of ITS consti'u,i"nalIfy. Blu
in this, as III all other cases, >tric
compliance to the provisions of TIN
law must be observed.
HOW SHALL IT BE ENFORCED?
The law is plain and easily under
stood. The owners of cattle. horses
mules, iennies, hogs and sheep arr
liable tor all damage the! may d,
to the property of another, and thu
damaged man has lien upon sucI
stock, which no prior mortgage O
adverse OWNERSHIP can defeat, rs TIT
lien is on the stock and not the own
er. 1t is the duty of the owner o
lands or property upon which ami
mails have trespassed to distrain o
take possession Of said stock, and il
twenty-t"ur hours give the owner
notice Of his action, and the amoun
Of damage done If the owner O
the stock does not satisfy she person
damaged, within twenty four hour.
he shall within twenty four hour.
thereafter as from the time of de
straining) notify the trustees, who
shall proceed to the premises and
assess the damages and cost of keep
ing such stock, and file their award
with the township clerk. If the
damages and costs are then not paid
the trustees are to sell enough OF
SAID stock to pay the damages, costs
of keeping, and costs of assessing
and selling. There is of course the
right of appeal to the courts.
In all legal matters notices must
be in writing. 1t is not enough tor
a man to distran stock, and then
send his boy over to inform the
neighbor of the situation Of his stock.
The notice must be in writing, us
we'll as all other notices in the case.
And when the Trustees arrive to as
sess damages the owner must be no
tilted of the time and place. SO he
can contest the matter.
Is THERE ANY OTHER RELIEF?
Any man who is Injured in prop
erty 10y ,respassing animals may
choose whether he will seek relief
by deslr lining at the time of trcspass
or he can recover by action tor dam
ages against the owner. IL some
ca es i, may be impossible to restrain
,respassing animals, and some are
ignorant, of the Jaw and suppose tina,
it they can get possession of the tres
passing sock before the man who is
damaged disIrains them, ~ if they
escape from where confined, he can
not be compelled to pay tn. dama-
ges. The law is not thus lame
He can seek relief by regular snit tor
damages, but in this case there is no
len on the trespassiny stock, the
owner and his property being alon,
liable.
MALE ANIMALS.
But in the case of trespassing by
talllons, bears, bulls, or bucks, and
long damage by a'lulte' aiing stock or
otherwise, the only relief is by re-
training aud selling the animals.
When all good farmers are trying to
improve all kinds Of stock, the scrubs
which are allowed to run at large
re a serious nuisance. and owners
hould be directly liable for such