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Questions that may be submitted.

force when.

Proviso: reg

ulation declared in

force in counties adopting provisions of

herd law.

modified, to the electors of the county at the next general election, or, if they deem it advisable, at a special election called for that purpose, the following questions of police regulation, or either of them, and no others, to-wit:

First. Shall stock be restrained from running at large?

Second. Shall stock be restrained from running at large between sunset and sunrise?

Third. Shall stock be restrained from running at large from the first day of (naming the month) in each year, until the first day of (naming the month) following?

Fourth. Shall stock be restrained from running at large between sunset and sunrise from the first day of (naming the month) in each year, until the first day of (naming the month) following?

SEC. 5. Section 1451. If at such election a majority of the Regulation in electors voting thereon, shall vote in favor of either of such regulations, then the same shall take effect and be in force at the end of thirty days after said election, and shall continue in force until the end of ninety days after an election at which, on a resubmission of the same question, a majority of the electors of the county voting thereon shall vote against the same: Provided, That where any county prior, to the taking effect of this act, shall have voted, on the submission of such question "for restraining "stock from running at large;" or "for restraining stock from "running at large between the hours of sunset and sunrise," as provided in chapter 3, title 11, of the code, or in the law or laws to which the same is amendatory, such vote is hereby declared to be legal and valid, and to amount to an adoption bythe county of the police regulation so voted for, as the same is herein set out as fully and effectually as if the same was submitted and voted for under this act, except that the same shall be and remain in force in such county until the end of thirty days after the next general election and no longer unless readopted thereat. SEC. 6. Section 1452. The owner of any stock or domestic animal, prohibited by law or police regulation of any country from running at large at any of the times herein before mentioned, shall where police be liable for all damages done thereby while wrongfully remaining at large upon the public highway or upon the improved or cultivated lands of another, which may be recovered by action at law, or the party injured may, at his option, distrain the trespassing animals, and retain the same in some safe place, at the expense of the owner, until the damages are paid as provided in section[s] 1454, 1455, and 1456 of the code: Provided, That no stock or domestic animal, except the male animals mentioned in section 1447 of the code, shall be considered as running at large, so long as the same is upon unimproved or uncultivated lands, and under the immediate care and control of the owner, or upon the public highway under like care and control, for the purpose of travel or driving thereon.

Owner of stock liable for damage

regulation is adopted.

How recoV. ered.

Proviso:

when animals shall not be considered running at large.

Who to be considered owner.

SEC. 7. Section 1453. The word owner, as used in the preceding and in the three succeeding sections of this chapter of the code, shall include the person entitled to the present possession

of the animal, and also the person having the care or charge of the same, as well as the person having the legal title thereto.

clause.

SEC. 8. This act being deemed of immediate importance shall Publication take effect immediately from and after its publication in The Iowa State Register, and the Iowa State Leader, newspapers published in Des Moines, Iowa, anything in the code notwithstanding.

Approved March 28th, 1874.

I hereby certify that the foregoing act was published at Des Moines, in 'The Iowa Daily State Leader March 31, and in The lowa Daily State Register April 1, 1874.

JOSIAH T. YOUNG, Secretary of State.

CHAPTER 71.

AGRICULTURAL COLLEGE LANDS.

AN ACT to Regulate the Leasing of the Lands belonging to the Iowa
State Agricultural College.

tees may lease

purchase at

lease.

SECTION 1. Be it enacted by the General Assembly of the Board of trus State of Iowa: The board of trustees of the Iowa state agri- lands. cultural college and farm are hereby authorized to lease the land granted to the State of Iowa by an act of Congress entitled, "An act donating public lands to the several states and territo"ries which may provide colleges for the benefit of agriculture "and the mechanic arts," approved July 2d, 1862, in amount not exceeding one hundred and sixty acres to any one person, for a term not exceeding ten years, the lessee to pay eight per cent. per annum in advance upon the price of said land, which is hereby declared to be not less than fifty per cent. additional to the price at which each piece of said land, respectively, was appraised by the board of trustees in the year 1865; and the said Lessee may lessee shall have the privilege of purchasing said land at the ex- expiration of piration of the lease at the price aforesaid. The lessee failing to pay the interest upon said lease, within sixty days from the time the same becomes due, shall forfeit his lease, together with the interest paid thereon, and the improvements made on said land. SEC. 2. The said board of trustees are also authorized to Board may renew leases heretofore made, for a term not exceding ten years eight per from the date of such renewal, the rate of interest to be eight cent. interest. per cent., and when leases are so renewed the lands shall be sub- Same to be ject to assessment for taxation at the end of ten years from the subject to taxdate of the original lease. The board of trustees shall cause to B'd. to certify be certified to the auditors of the several counties, in which said lists to co. lands are situated, a list of said land which may be subject to taxation as herein provided: Provided, That the releasing of Secretary to this land shall be done by the secretary of the said college without extra compensation.

Forfeiture of lease.

renew lease at

ation.

auditors.

do releasing.

Code: 1616 repealed.

Publication clause.

SEC. 3.

Section 1616 of the Code of 1873, and all acts and parts of acts conflicting with the provisions of this act are hereby repealed.

SEC. 2. This act being deemed of immediate importance shall take effect and be in force from and after its publication in The Iowa State Register and State Leader, newspapers published in Des Moines.

Approved March 19th, 1874.

I hereby certify that the foregoing act was published at Des Moines,
in The Iowa Daily State Leader March 26, and in The Iowa Daily State
Register March 28, 1874.
JOSIAH T. YOUNG, Secretary of State.

M

CERTIFICATE.

STATE OF IOWA,

OFFICE SECRETARY OF STATE,}

I, Josiah T. Young, Secretary of State of the State of Iowa, hereby certify that the Acts contained in this volume are "truly copied from the original rolls" on file in this office, and that the same are true copies, except that the words inclosed in brackets [thus] have been added where it was evident that there was an omission. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the Great Seal of the State of Iowa.

State
Seal.

Done at Des Moines, the Capital of the State, this 5th day of June,
A. D. 1874.
JOSIAH T. YOUNG,
Secretary of State.

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