634 IOWA DEPARTMENT OF AGRICULTURE. 



ESCAPE OK RELEASE— KECAPTURE. 



Sec. 2319. If any distrained animal escape oi- is unlawfully released, the 

 injured person may recapture the same and proceedings under tliis cliapter sliaU 

 continue until the assessment of damages is made, wliich shall be conclusive, 

 unless appealed from. IS'otice of the sale of such animal shall be given by the 

 trustees as toon as possession thereof is regained by the distrainer, and the prop- 

 erty sold accordingly, unless he regains such possession before the day of sale 

 originally fixed, in which event the property shall be sold under the first notice. 



PUMSUMENT FOR UNLA\YFUL RELEASE. 



Sec. 2320. If any one, without leave of the person having any animal 

 under distraint, release the same, he shall be guilty of a misdemeanor. 



E SIR A VS. 



Sec. 2321. Any animal of an unknown owner running at large or tres 

 passing within a lawful enclosure is an estray. and may be taken up by any 

 householder in the county, except an unbroken animal between the first day ol 

 May and the first day of November, where such unbroken animal is not re- 

 quired to be restrained by a police regulation. 



TAKING IP. 



Sec. 2322. If any animal, liable to be taken up as an estray, comes upon any 

 householder's premises, any person may notify him of the fact. and. if he fail to 

 take up such estray for more than five days thereafter, any other householder in the 

 same township may take it up and proceed with it as if taken upon his own 

 premise?, if he shall produce proof to a justice r.f the peace of the service of such 

 notice. All persons taking up stray animals shall state under oath before salfl 

 justice where the same were taken up. 



NOTICES I'OSTEI). 



Sec. 2323. Any person taking up an estray shall within five days there- 

 after post up a written notice in three of the most public places in the town- 

 ship, w^hich notice shall contain a full description of said animal, and a state- 

 ment as to where the same was taken up. Cnlesss such estray shall have been 

 previously claimd by the owner, the person taking it up shall within ten days 

 go before a justice of the peace in the township in which the estray was taken 

 np, or, in case there is no justice in the township, then before the next nearest 

 justice in the county, and make oath to the correctness of said notice, together 

 with a statement attached thereto as to whether the marks or brands of said 

 animal have been altered to his knowledge, eitlier before or after the same was 

 taken iip, which notice shall be recorded by the justice in his esti-ay book and 

 within five days forwarded by him to the county auditor, wlio shall enter the 

 same in the estray book in his office, and shall cause a copy of said notice to be 

 posted at the court house door. 



PUBLICATION. 



Sec. 2324. If the estray is stock, the auditor shall cause the notice to be 

 published once each week for three weeks in some newspaper in the county. 



FEES AND ENPENSES. 



Sec. 232.5. The person taking up an estray shall pay the fee of the justice 

 for administering the oath, recording the notice in his estray book, and forward- 

 ing the notice to the auditor, and shall also pay the justice, to be transmitted to 

 the auditor, the fee of the auditor for entering the notice in his estray book. 

 and for posting a copy of the notice, and also, if the estray is stock, the sum of 



