Year: 1868

n. ED WRIGHT Sec'y OF State.


CHAPTER IA.


AN ACT to Protect Crops Against the


invasion of Stock.


a. Be it enacted by the General As.
senaby Of the State Of IoWa, That
any stock taken in the act of doing dam
age, between the hours of sunset and
sunrise, may be distrained by the person
or persons whose property is dam.
aged, or by the person or persons having
charge thereof, whether the fences sur
rounding such property are lawful OF
otherwise.


az. Whenever any stock shall be so
distrained. the person or persons sus.
tanning the damage, or having charge
of the property damaged, shall, within
twenty-four hours after such distraint,
notify the owner or owners or person OF
persons claiming right to such stock
(ifhe, she, or they can be found Will,
Observation-Disclosures, that it is distrained
and that he. she, or they may forthwith,
appear where the damage has been done
and view, compromise, and pay the
same, or fai ailing to do so the stock will
be dealt with accor ding to law.


I 3. The owner or owners, or person
or persons having charge Of such stock,
may within "A hours after sreceiving
such notice appear and view, compro-
mise, and pay damages, and ifthe party
cannot agree upon the amount of dam
age to be paid, or upon the manner by
which such damage will be determined,
the party sustaining the damage shall
Immediately notify the township trus-
tees to be and appear at the time and
place designated in said notice, (which
shall not be more than twenty four
hours after the service thereby W view
and assess the damages.


1. When two or more ofsaid trus-
tees have assembled, they shall proceed
to view and assess the amount Of dam
age done by the stock distrained, and
the amount for which the owner of each
head distrained is liable, and also the
amount to be paid by the owner or own
err, or person claiming such distrained
stock, and the amount to be paid per
diem for the keeping OF each head of
such stock, and for the purpose of arriv.
ing at any of the facts connected with
their official duties rs specified by this
act, they, or either of them, may place
under oath any person from whom they
choose to elicit the information desired.
And the said trustees shall, at the time
Of making the appraisment, each re-
ceive from the complaining party one
dollar for every six hours occupied by
them in making the appraisement.


IS The trustees shall at the time of
making the appraisement make q COR
rect record of their doings, which they
shall preserve for future reference, and
shall also, at the same time, make and
deliver one copy thereof to the COM
plainant.


36. Any time within thirty days
from the time of distraining such stock,
the owner, owners, or clai mants of such
stock or any part thereof may reclaim
them or part thereof, by paying to the
complainant his, her, or their portion ol
the damages assessed and charges made
as determined by the trustees, according
to the number they or either of them
may have distrained, and il at the end
of thirty days after distraining said
stock any part thereof shall remain in
distraint, and the owner or claimants
are known and have been notified a.
provided by section two Of this act, the
chairman of the board of trustees shall
sell the same at the enclosure, for cash
to the highest bidder, between the
hours of one and three o'clock, p. NJ, o
said day, after posting up notices Of the
time and place Of said sale in Mt leas,
three public places in the township
where said damage was done at leas,
ten day sprevious to the time ofsaid sale
but fiat the end Of thirty days after such
distraint, the owner, or owners, OF
claimants are not known and cannot
with reasonable diligence be found, ther
30 much Of the stock as belongs t.
them or either Of them, shall be treatet
a. estrays according to the laws OF thi,
State now in force.


u. Within twenty four hours afte
such sale, the chairman Of the board o
trustees shall deduct from the proceed,
thereof the amount of damages unpait
with costs Of keeping said stock, ant
one dollar for every six hours expended
by either of the trustees, in the dis
charge OF their duties as contemplated
by the provisions of this act, which
amount shall be paid over to the persor
or persons entitled to receiveit.


Is. Within three days after sucl
deductions nave been made, the chair
man of the board of trustees, on demand
being made shall pay over all balance
re,Nnininu in hia hands to the nerHOn q