twenty-five dollars, which may be recovered in the name of the State of Iowa, for the use of the school fund of the county where in such crossing or intersection is situated, and it shall be the District attorduty of the prosecuting attorney of the proper judicial district ney to proseto prosecute for and recover the same. SEC. 1324. [19 G. A., ch. 104, amends this section by inserting after the word telegraph," in the second line, the words "or telephone."] SEC. 1328. 375. Woods v. This does not excuse an operator | between them as to the transaction from producing the telegrams which to which they relate: have passed between parties, when Miller, 55–168. subpoenaed as a witness in an action The county cannot maintain action | aid furnished: Bremer Co. v. Curtis, against the pauper or his estate for 51-72. case it might be necessary to prove This section is applicable to the 380. An insane and crippled pauper re- thereby obtain a settlement in the moved from one county to another, county to which he is removed: Fayand, supported there by the formerette Co. v. Bremer Co., 56–516. county for more than a year, does not SEC. 1357. It does not follow that because a er circumstances. The county furperson is obliged to apply to the coun- nishing relief should have a right of ty for relief where he has no settle-action upon the county of the settlement, he should be removed at once to the county of his settlement, regardless of distance, expense, or oth ment for relief so furnished, without cute. Where the board of supervisors, as a matter of precaution and in the interest of economy, employ a convenient and competent physician, in advance, to furnish to all poor persons of the county all medicines and medical aid that they may require, the trustees cannot disregard such employment and render the county liable for services rendered by a physician employed by them: Mansfield v. Sac Co., 59-694; Gowley v. Jones Co., 60-159. When the trustees authorize aid to be furnished to a poor person, it may be continued, if done in good faith, until the board of supervisors otherwise order, even though the trustees fail to report the case to the board; settlement. An averment that plaintiff is informed that the pauper has a settlement in defendant county, is not sufficient: Winneshiek Co. t. Allamakee Co., 17 N. W. Rep., 753. notice that such pauper has become a county charge. In the latter case, the county notified is not under obligation to give notice of its intention to contest the removal; and in case of an action against it by the county furnishing relief, to recover for the relief so furnished, the circuit court has exclusive jurisdiction: Winne shiek Co. v. Allamakee Co., 17 N. W. Rep., 753. clusive of that of the trustees of the township in which such city is locat ed: Hoyt v. Black Hawk Co., 59184. 382. and the trustees, in such case of failure to report, will be held liable to the county for damages arising from continuance of aid to persons not properly entitled to it: Mansfield v. Sac Co., 60–11. Recovery cannot be had for aid furnished before application is made to the trustees, and the furnishing of such aid is authorized by them: Ibid. Written orders of the township trustees made under this section and upon which the board of supervisors act, are valid although not made of record under the provisions of sections 392 and 395: Bremer Co. v. Buchannon Co., 61-624. [20 G. A., ch. 201, provides for the location of another hospital for the insane and erection of buildings therefor, but its provisions are temporary in their nature and it is not here inserted.] SEC. 1384. 386. [20 G. A., ch. 66, amends this section by striking out the word "first" in the sixth [seventh] line thereof and inserting in lieu thereof the word "second," and by striking out the word "October" in the seventh line [of the section as amended by 17 G. A., ch. 100, § 1] and inserting the word "July," also by changing the eleventh [and twelfth] line[s] [of the section as amended by 17 G. A. ch. 100, § 1] by striking out" first Wednesday in (January, April and July)" and inserting "second Wednesday in (October, January and April)”] SEC. 1385. [19 G. A., ch. 175, § 1, provides that the reports of boards of trustees of state institutions shall be made on or before the 15th day of August preceding the regular sessions of the general assembly: See that act, in supplement to page 28.] SEC. 1401. 390. The provisions here made for ap-] from being in conflict with the conpeal, and the further provisions con- stitutional guarantees against depri• tained in §§ 1442 and 1444, allowing vation of personal liberty without due subsequent investigation of the ques- jury trial: County of Blackhawk v. tion of sanity, prevent this section | Springer, 58-417.~ 391. SEC. 1402. SEC. 1435. right of recovery against such county: Poweshiek Co. v. Cass Co., 18 N. W. Rep., 895. 399. [19 G. A., ch. 175, § 1, provides that the reports of the committee shall be made biennially, on or before the 15th day of August preceding the regular sessions of the general assembly: See that act, in supplement to page 28.] A visiting committee has no au- tempt in refusing to testify before it: thority to punish witnesses for con- Brown v. Davidson, 59-461. Assessors to list dogs. Owner. SEC. 1448. 402. It is only persons whose lands are enclosed by a lawful fence who are authorized to distrain domestic animals injuring their premises. If lands are not so enclosed there is no right to distrain, and possession acquired by such distraint is unlawful. The rightfulness of the distraint may therefore be inquired into in an action of replevin; it is not a matter for the exclusive determination of the fence viewers. But if the distraint is found to be illegal, the property may be remanded to the distrainor and the damages may be assessed by the township trustees subject to the right of appeal as provided for in §§ 1354 and 1355: Syford v. Schiver, 61–155. | SEC. 1452. If animals, though lawfully on adjoining land, escape therefrom and do damage and their escape is not in consequence of the neglect of the person suffering the damage, their owner is liable therefor. It is not necessary that the fence surrounding the land of the person injured is throughout a lawful fence, if it is shown to have been such at the place where the cattle broke through. And this will be true where the owner of the adjoining land and the owner of the cattle are the same person and the fence broken through belongs to him: Noble v. Chase, 60-261. 404. The fact that an eighty acre tract of land is surrounded by a single ploughed furrow, and includes a few acres under cultivation, will not render it all improved or cultivated land within the meaning of this section; SEC. 1454. but in such cases the owner of the land may recover damages from the owner of cattle who herds and confines them upon such land: Otis t. Morgan, 17 N. W. Rep., 104. This section does not confer special | replevin to recover the property from authority upon the township trustees the person making distraint, when it to inquire into and determine the is claimed that his premises are not lawfulness of the fence enclosing the surrounded by a lawful fence: Syford injured premises, and that matter v. Schiver, 61–155. may be determined in an action of COMPENSATION FOR DOMESTIC ANIMALS KILLED BY DOGS. [Twentieth General Assembly, Chapter 70.] SECTION 1. It shall be the duty of every assessor of this state, at the time of listing the property of his district, to list each dog over three months of age in the name of the owner thereof, without affixing any value thereto. Any person keeping or harboring a dog or dogs shall be deemed the owner thereof within the meaning of this act. SEC. 2. The board of supervisors of each county shall, at their September session each year, when levying other taxes, levy Amount taxed. a tax of fifty cents on each male, and one dollar on each female dog listed by the assessor, which tax shall constitute a special fund, to be disposed of as provided for in this act. SEC. 3. It shall be the duty of each county auditor to provide suitable columns, properly headed, in the assessor's book, to car Duty of audiry out the provisions of this act. tor. urer. SEC. 4. The treasurer of each county, on receiving the tax books for the collection of other taxes, shall collect the tax Duy of treasherein provided for as other taxes are collected, and keep the same as a separate fund, to be known as the domestic animal fund. claimed. SEC. 5. Any person damaged by the killing or injury of sheep, or any other domestic animal, by a dog or dogs, may present to Damages, how the board of supervisors of the county in which such killing or injury occurred, a detailed account of such killing or injury, stating the amount of damage claimed therefor, and verified by affidavit, such claim to be filed with the county auditor at least ten days before some regular session of the board, and within fifteen days from the time such killing or injury occurred. At the first regular session of the board of supervisors after such claim shall have been filed for ten days as herein provided, the same may be established by proof before the board; and upon Proof of loss. the hearing thereof, the claimant shall establish his claim for damages by the testimony of at least two competent witnesses, besides himself. It shall also be made to appear to the satisfaction of said board that such damage was not caused, in whole or In part, by a dog or dogs owned or controlled by the claimant, and that claimant does not know whose dog or dogs caused the damage, and that said damage was caused by dogs; or, in case the owner of such dog or dogs is known to the claimant, and that such owner has no property subject to execution, out of which the claim can be made. The board shall hear and determine said claims in the order in which they are filed unless good cause is shown for continuance, Board of suand shall allow the same or such portions thereof as they may low 75 per pervi-ors to aldeem just, and shall authorize the auditor to issue warrants for cent. the same not to exceed seventy-five per cent. of the amount allowed to be paid out of the domestic animal fund. Treasurer to SEC. 6. The treasurer shall, between the first and tenth days of January and the first and tenth days of July of each year, pay, when. pay the said warrants issued by the auditor as provided for by section five of this act, out of the domestic animal fund. If said fund is insufficient to pay said warrants in full, he shall pay on each pro rata. If after paying all warrants at either period above named, there shall remain more than two hundred Excess to be and fifty dollars of said fund in the treasury, the board of supervisors shall order the excess to be transferred to the county fund. transferred. VETERINARY SURGEON. [Twentieth General Assembly, Chapter 189.] SECTION 1. The governor shall appoint a state veterinary Governor to surgeon who shall hold his office for the term of three years un- Term of office. appoint |