632 IOWA DEPARTMENT OF AGRICULTURE. 



12. To the township clerk, ten cents per each hundred words entered of 

 record, the same fees for a copy thereof, and in addition tv/»^nty-five cents for bis 

 certificate thereto, and fifty cents for filing and approving an appeal bond. 



MALE AJNIMALS lUJNA'ING AT LARGE. 

 Sec. 2312. The owner of any stallion, jack, bull, boar or buck shall restrain 

 the same, and any person may take possession of any such animal running at large 

 in the county in which such person resides, or in which he occupies or uses real 

 estate, and give notice thereof to any constable in the county where taken, who 

 shall sell the animal so taken at public auction to the higest bidder for cash, having 

 given ten days' notice of the time and place of sale, describing the property, by 

 posting the same in three public places in the township wherein such animal was 

 found at large. Out of the proceeds of sale he shall pay all costs and any damage 

 done by said animal, to be investigated and determined by him, and pay the re- 

 mainder into the county treasury for the use of the county. If legal proof be made 

 to the county auditor by the owner of said animal of his right thereto at any time 

 within twelve months from the sale, he shall order the proper amount to be paid 

 to tile owner out of any money in the treasury not otherwise appropriated. If the 

 owner, or any person for him, shall, on or before the day of sale, pay the costs 

 thus far made, and all dasnages, to be determined by the constable if the parties 

 cannot agree, and make satisfactory proof of his ownership, the constable shall 

 release the animal to him. 



DISTRAINT DAMAGE FEASANT— RECOVERY. 



Sec. 2olo. Any animal trespassing upon land fenced as provided by law 

 may be distrained by the owner of such land, and held for all damages done thereon 

 by it, unless it escaped from adjoining land in consequence of the neglect of such 

 land owner to maintain his part of a lawful partition fence. The owner of the 

 land from which such animal escaped shall also be liable for such damages if it 

 escaped therefrom in consequence of his neglect to maintain his part of a lawful 

 partition fence, or if the trespassing animal was not lawfully upon his land, and he 

 had knowledge thereof. If there be no lawful partition fence, and the line 

 thereof has not been assigned either by the fence viewers or by agreement of the 

 parties, any animal trespassing across such partition line shall not be restrained, 

 nor shall there be any liability therefor. 



WHAT ANIMALS NOT PERMITTED TO RUN AT LARGE. 

 Sec. 2314. Swine, sheep and goats at all times, and during the time and 

 as required by a police regulation adopted according to law, stock shall be re- 

 strained from running at large. Animals thus prohibited from running at large, 

 when trespassing on land, or a road adjoining thereto, may be distrained by the 

 owner of such land, and held for damages done by them, and for the costs provided 

 in this chapter ; but stock shall not be considered as running at large so long 

 as it is upon unimproved lands and under the immediate care and efficient con- 

 trol of the owner, or upon the public roads for travel or driving thereon under 

 like care and control. But where a partition fence is required by law to be 

 erected or maintained, stock escaping across such partition line shall be dealt 

 with as provided in the preceding section. 



RECOVERY OF DAMAGES. 

 Sec. 2315. Instead of distraining trespassing stock or animals, the in- 

 jured person may recover all damages caused thereby in an action against the 

 owner thereof, and may join therein the owner of the land from which it es- 

 caped, if he is liable therefor. If distrained stock or animals escape or are re- 

 leased without the consent of the distraining party, he may recover his damages 

 a'^ above provided, with costs, and the costs of destraint made prior to such escape or 

 rt-lease. 



