The Delta independent., 1916-10-27
THE RUNNING OF LIVE sroI


Be 1t Enacted by the People OF the
of Colorado:
Section l. The owner. person in posses
sion, or caretaker of any domestice animal.
or animals. shall. hereafter. be liable for all
injury damage done by such domestic AMI
NAL, animals. ,
Section 2. The person whose property is
injured or damaged may have lien upon
the trespassing domestic animal, or animals,
for the full amount of damages and COSTS.
and may enforce the collection of the same
by the proper action in any court having
Jurisdiction.
Sec g. The party whose property is tres
passed upon by such domestic animal, or ant
males may distrain the trespassing domestic
animal or animals, and retain the same IN
some safe place at the expense OF the owner,
person in possession. or caretaker. as security
for the payment of such damages and costs
of distraint, such damages and costs OF DIS
traint to be assessed pro rata per head TO
each owner, person in possession. or care
taker, IL more than one and each owner, per-
son in possession, or caretaker. shall De ilaDie
for the pro rata amount to the person Dam
aged. together with his pro rata share OF
the costs of such distraint; and each owner,
person in possession, caretaker. snail
have the right to release such domestic AMI
NAL or animals, from distraint by paying
the said pro rata amount to the person uain-
aged.
Section 4. II any person. by force or
otherwise. without leave of the person having
such domestic animal, or animals, under dis
traint, remove the same from distraint. the
person so doing shall be guilty of a INSIDE
| meanor. and conviction shall pay line
of not less Ten nor more than One Hundred
Dollars or be imprisoned in the county jail
not less than ten nor more than sixty days
| and shall, in addition thereto. be liable in
| a civil action for the recovery of the domes-
tic animal. animals. or the value OF the
same so relieved from distraint, for
! damages and costs. the party distraining
may elect
I Section 5. Within forty-eight hours after
| distraint of any domestic animal, or animals,
| of hOlidays the marty
| distraining shall notify the owner person
| in possession, caretaker, IL known. OF such
animal. or animals. advising said owner, per.
son in posseission, or caretaker II known, OF
such animal. animals. advising said
| owner. person in possession, or caretaker. oil
the damages claimed and the costs of such
distraint; and II said parties fail to agree
| upon a settlement for such damages and costs
\ of distraint. and for the discharge from
/ distraint of such domestic animal, or ami
| mails either party may by suit in any court
| of competent jurisdiction. proceed to have
such matters adjudicated; provided, how
/ ever, that the distraining party may keep
\ such domestic animal. or animals. under dis
] traint subject to the order of the court in
the premises. until an undertaking. as
hereinafter provided, has been executed ana
/ delivered.
Section G. The owner person in posses
/ sion. or caretaker, OF any domestic animal.
I or animals. at any time before final judg-
ment. may realese such domestic animal. or
animals, from distraint, by executing and de-
/ livering an undertaking TO the party dis
I training or BY filing the same with the
I records OF the suit in the court having juris-
diction. Such undertaking shall be signed
I by two responsible sureties. each resident
I OF the county in which such domestic ami
NAL. or animals. is or are distrained. or in
which the suit is pending. and shall be to
Z the effect. that in case the distraining party
| recover Judgment against the owner, person
| in possession. or caretaker, of such domes-
/ tic animal, or animals the owner. person in
possession. or caretaker of such domestic
animal. or animals. will pay to the distrain-
I ing party the full amount for which iudg-
ment may be obtained. together with costs of
suit. The undertaking herein provided shall
I be double the amount of the alleged damages
I and costs of distraint.
Section Z. The provisions of this act shall
under existing law are available to the
\ owner. person in possession. or caretaker.
of such domestic animal. or animals. or to
person whose lands trespassed upon.
Section s. All acts. or parts of acts. or
laws in conflict herewith. and particularly
/ Section l and 3 of the act approved April
i 10th, 1855 Chapter L. of the General
Statutes of Colorado. entitled Fences. the
! said sections being numbered 25sT and 1853
Z OF the 1908 Revised Statutes OF Colorado
are hereby repealed
Section Q. This act shall take effect on
June LIST. A. D. 1917.
We. the undersigned legal voters and
Z qualified electors of the State OF Colorado,
/ do hereby designate the following persons to
/ represent the signers of this petition in all
I matters affecting the petition. to-wit: Vol
ney T. Hoggatt. Post Building. Denver,
Colorado; John C. Powell. Ernest and Gran
Thomas Maley. 5o7 Ernest and Cranmer
/ Building, Denver, Colorado.
We. the undersigned legal voters and
I qualified electors OF the State of Colorado. do
hereby designate the following Bailot-Title
for said act:
,