The Lamar register., 1916-10-11

erty IS injured or damaged may have 4
lien upon the Jrespaasiug domestic ami
nal, or animals. for the tull amount or
DANA ges and costs, and may enforce
the collection % the same by the
proper action IN any court having 1ur-
Sec B. The party whose property
Is rrespassed upon by such domestic
animal. or animals. may distralu the
tres passing domestic animal or anil
mails. and retain the same In some safe
place at the expense OF the owner
person In possesHion, or caretaleer. as
security FOR the payment OF such dam
ages and costs Of dlstratnt. such dam
ages and costs Of d4strsiut TO be as
aessed pro rata per head TO each own
er. person IN possession, or caretaNer.
u more than one, and each owner per
son In possesslon. or car-talter. shall
be liable for the pro rata amount to
the person damaz azed. together with MS
pro rata share or the costs Of such
dlatralnt. and each owner. person IN
possessiou. or careta<er. shall have the
right 20 release such domestic NAL,
or animals. from dlstralnt by paying
the said pro rata amount 10 the person
damaged
Sec J. II any person. by force.
or otherwise. without leave of the per
son having such domestic animal, or
animals. under distralnr. remove the
same from disrraint the person so do
ing shall be guilty or nlsderneanor.
and on conviction shall pay a fine OF
not less than Ten nor more than One
Hundred Dollars, or be Imprisoned IN
the county tail not less than ten nor
more thau sixty days, and shall In ad-
titioG thereto. be liable IN a civil
action for the recovery OF the domestic
animal. or animals. or the value Of the
same. so relieved from dlstraiut, or for
damages and costs, as the party dis
training may elect
Sec S. Within forty eight hours
after dlstrnlnt or any domestic animal.
or animals. exclusive OF sundays and
holidays, the party disrraini1g shall
notify the owner. person 10 Dossession.
-
NAL or animals. advising said own
or. person IN puaaeasluu, or caretaher.
Of the damages claimed and the costs
% such dlstF1irts and II said parties
fail 60 agree upon a settlement for
such damages and costs Of distral mt
and f1r the discharge from diHtralut OF
such domestic animal or animals.
either party may by suit Ia any court
OF competent Jurisdiction. proceed to
have such matters ad1udlcatedi pro-
viIed, however. tnat the distralntug
party may keep such domestic animal
or animals, under diBtraiut. subject to
the order OF the court IN the premises,
or until an undertaking. as hareiuaf-
ter provided. mas been executed and
Sec. S The owner. person in pos
session, or cnretalSer, OF any domestic
animal. or animals, at any time before
final Judgment. may release such do
nestle animal, or animals. from dis
tralnt. by executing and delivering an
undertaking to the party uIstralninE.
on by nIiu4 the same with the records
nf the suit in the court having jurls-
dlctlon. such undertaking shall be
81 gned by two responsible sureties.
each resident OF the county in which
such domestic animal. or animals, IS or
are dlstralued, or In which the suit Is
pending and shall BE- to the effect that
IN case the dlstraiuing party recover
iud gmeut against the owner person IN
or caretaker, OF such do
nestle animal. or animals. the owner,
person IN possession, or Caretaker Of
such domestic animal, or animals. will
pay to the dlstraining party the full
amount for which judgment may be
obtained, together with costs Of suit.
The undertaking herein provided shall
be double the amount Of the alleged
damages and costs Of dlstraiut.
Sec. !. The provisions OF this act
shan mot bar any other legal proceed
available TO the owner. person In pos
session or carstaker, OF such domestic
animal. or animals, or to the person
whose lands are trespassed upon.
Sec. All acts, or parts OF acts,
Or laws IN conflict herewith. and par
ticularly Sections / and Of the act
approved April 10th. 1855. Chapter L
Of the General statutes Of Colorado.
entitled Fences" the said sections be-
.1E numbered 2is7 and 2js9 of the 1905
Revised statutes Of Colorado. are here
see. . This act shall take effect
on June LIST. A p, 1917
We, the undersigned legal voters and
qualified electors OF the state Of Colo
rado. 10 hereby designate the follow
ing persons 20 represent the siEuers OF
this petition ln all matters affeetlns
gait. Post Building. Denver, Colorado
John c. Powell. Ernest and Craumer
Building, Denver. Colorado John
Thomas Maley, 507 Ernest and Gran
mer Building. Denver. Colorado.
We. the undersigned legal voters and
qualified electors Of the state Of Colo
rado. do hereby designate the following
Bnllot-Tltls FOR said act