The Lamar register. [volume] (Lamar, Colo.) 1889-1952, 1916-10-25

erty is injured or damaged may have
lien upon the trespassing domestic AMI.
NAL. or animals for the fun amount OF
damages and costs. and may enforce
the collection of the same by the
proper action In any court having Jur-
isdlction.
liz trespassed upon by such domestic
animal. or animals. may distrain the
trespassing domestic animal. or anil
mails, 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 dam
ages and costa OF distraint, such dam
ages and costs of distraint to be as
sessed pro rata per head to each own
er. person in possession, or caretaker,
II more than one, and each owner. per
son in possession or caretaker. shall
be liable for the pro rata amount to
the person damaged. together with his
pro rata share of the costs Of such
distraint; and each owner. person in
possession, or caretalter. shall have the
right to release such domestic animal,
or animals. from distraint by paying
the said pro rata amount to the person
damaged.
Sec. 4. II any person, by. force.
or otherwise. without leave of the per
son having such domestic animal. or
animals. under distraint. remove the
same from distraint, the person SO do
ing shall be guilty of a misdemeanor,
ana on conviction shall pay a fine of
not less than Ten nor more than One
Hundred Dollars, or be imprisoned in
more than sixty days and shall, In ad-
dition thereto, be liable In civil
action for the recovery of the domestic
animal. or animals. or the value of the
same. so relieved from distraint, or for
damages and costs. us the party dis
training may elect.
Sec. 8. within forty-elght hours
after distraint of any domestic animal,
or animals, exclusive of sundays and
holidays. the party distraining shall
notify the owner person In possession
NAL. or animals. advising said own
er, person In possession. or caretsker,
of 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 distralnt
and for the discharge from dlstraint OF
such domestic animal, or animals,
either party may By suit In any court
OF competent Jurisdiction. proceed to
have such matters adJudlcatedi pro-
yided. however. that the distrsinlng
party may keep such domestic animal
or animals, under dlstraint, subject to
or until an undertaking, as hereinaf-
ter provided, has been executed and
Sec. 6. The owner. person In pos
session. or caretaker. Of any domestic
animal. or animals, at any time before
final judgment, may release such do
nestle animal or animals, from dis
traint, By executing and delivering an
undertaking to the party distraining.
or by nllng the same with the records
Of the suit In the court having juris-
dlctlon. Such undertaking shall be
signed by two responsible Hureties,
each a resident Of the county In which
such domestic animal. or animals. Is or
are dlstralned. or In which the suit Is
pending. and shall be to the effect that
In case tho distraininE party recover
Judgment against the owner. person In
possession, 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 distraininE party the fun
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 distraiut
Sec. !. The provisions Of this act
shall not bar any other legal proceed
available to the owner. person in pos
session or caretaker. OF such domestic
animal. or animals. or to the person
whose lands are trespassed upon.
Sec. g 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-
Ing numbered 25s7 and 1859 Of the 1905
Revised statutes OF Colorado. are here
sec. o This act shall take effect
on June LIST. a. d. 1917.
We, the undersigned legal voters and
qualified electors OF the state OF Colo
Ing persons to represent the slgners OF
this petition In all matters affecting
the petition, to-wit: Nulney T. Hog
gait, Post Building. Denver, Colorado;
John @. Powell, ErueEt and Cranmer
Building, Denver, Colorado; John
Thomas Maley. 5O7 Ernest and Gran
mer Building, Denver, Colorado.
We the undersigned legal voters ana
qualified electors OF the state Of Colo
RADIO. do hereby designate the following
Ballot-Titls for said act;