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Damages from Trespass

The following is a chapter from "The History of Jefferson County, Iowa", Page 300, published by the Western Historical Company of Chicago in 1879.



When any person's lands are enclosed by a lawful fence, the owner of any domestic animal injuring said lands is liable for the damages, and the damages may be recovered by suit against the owner, or may be made by distraining the animals doing the damage; and if the party injured elects to recover by action against the owner, no appraisement need be made by the Trustees, as in case of distraint.

When trespassing animals are distrained within twenty-four hours, Sunday not included, the party injured shall notify the owner of said animals, if known; and if the owner fails to satisfy the party within twenty-four hours thereafter, the party shall have the township Trustees assess the damage, and notice shall be posted up in three conspicuous places in the township, that the stock, or part thereof, shall, on the tenth day after posting the notice, between the hours of 1 and 3 P. M., be sold to the highest bidder, to satisfy said damages, with costs.

Appeal lies, within twenty days, from the action of the Trustees to the Circuit Court.

Where the stock is restrained, by police regulation or by law, from running at large, any person injured in his improved or cultivated lands by any domestic animal, may, by action against the owner of such animal, or by distraining such animal, recover his damages, whether the lands whereon the injury was done were inclosed by a lawful fence or not.

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