Year: 1871

CHAPTER l44.


AN ACT to Restrain Stock from rum


ming at large.


Section /. Be it enacted by the Gene.
raj Assembly Of the State Of Io,ca, That
the owners of cattle, horses, mules,
sheep, swine, and other stock, shall be
liable for all damages done by such
stock.


Sec. 2. The owner or person in actu.
al possession Of any cultivated lands in
this State, shall have lien on all and
any stock, that shall trespass on such
lands.


Sec. 8. The owner Of any stock tres.
passing on the improved lands OF anoth-
er, shall pay to the owner Of the land SO
damaged, the actual amount of the dam.
ages SO sustained.


Sec. 4. The person who is in possession
of the land SO trespassed upon, may
distrain any trespassing stock and retain
the same, in some safe place, at the ex-
pense of the owner thereof. until said
damages are paid.


Sec. S. Within twenty four hours
after the stock has been restrained
Sunday not being included) the party
so injured, shall notify the township
trustees, to be and appear on the prem
ises to view aud assess the damages;
when two or more Of the trustees have
assembled, they shall proceed to view
and assess the damages and amount to
be paid for keeping said stock; and if
the person or persons owning such dis.
trained stock, refuse to pay the damages
so assessed, then it shall be the duty of
the trustees to post up notices in three
conspicuous places, in the township
where such damages were done, that
the said stock, or 50 much thereof as is
necessary to pay said damages, with
cost Of sale, shall be sold to the highest
bidder; any money or stock left after
satisfying such claims, shall be returned
| to the owner of the stock SO disposed Of;
said sale shall take place at the inclos-
| ure, where such stock was distrained,
| between the hours Of one and three p.
| NJ, on the tenth day after the posting
| of said notices.: provided, that if any one
| or more of said trustees are in any way
interested in said damages, the trustee
or trustees, not so interested, shall ap-
point some one or more, as the case may
require, to act in the place Of the person
or persons SO interested; the owner Of
! Of the stock, or the person entitled to
the possession thereof, when known,
place of the meeting of said trustees to
assess said damages.


Sec. 6. The trustees shall make their
assessment in writing and file the same
with the township clerk, to be of record
in his office, and they shall receive the
sum of one dollar per day each, for each
assessment. All persons aggrieved by
the action of the trustees, under this act.
may appeal to the Circuit Court of the
proper county, in all cases where the
amount of assessment shall exceed forty
dollars. The appeal-bond shall be filed
with the clerk Of the township in pen.
atty double the value of the property
distrained, with good and sufficient
securities, to be approved by the clerk;
and from and after the filing Of the
appeal bond, the same shall operate as q
s,tpcrsedeas. The clerk, after al appeal
Is taken, shall certify all the original
papers to the clerk of the circuit court,
within the time prescribed for the
appeal, for which he shall receive the
sum Of one dollar and fifty cents fees.


Sec. 7. If the owners of such dis.rain-
ed stock are not known it shall be treat
ed as estrays.


Sec. s. At the regular meeting of the
board of supervisors in June, of each
year, majority Of the board shall
determine whether the adoption of the
provisions Of this act shall be submitted
to the legal voters Of the county, at the
ensuing general election; and if the
supervisors SO declare, there may be
written or printed on each ballot either
Of the sentences following, to-wit:
"For the act restraining stock from runs
ming at large" Against the act
restraining stock from running at
large" and il a majority Of all the votes
cast for or against said proposition at
said election, be for said act, then, and
not otherwise, shall the provisions of
this act be in full force in such county:
provided, a majority of the board of SUI
pervisors may submit the question,
whether the provisions OF this act shall
be repealed by a majority vote in any
county in which it may have been
adopted; and provided, further, that any
board Of supervisors in any county in
this State may submit the question OF
adopting the provisions of this act, at q
special election called for that purpose.


Sec. 9. The provisions of this act
shall! take effect in ninety days after
being adopted by any county in this
State.


} Sec. 10. This act being deemed o.
immediate importance, shall be in force
: on and after its publication in the Daily
State Register, aud the Daily Des
Moines Bulletin, papers published a,
, Des Moinss, Iowa.