The Raymer enterprise., 1916-08-24
MEMBER COLORADO EDITORIAL ASSOCIATION
THURSDAY. AUGUST "a, 1916
A Bill for an Act in Relation 10 The Running
Of Stock at Large
BE 1T ENACTED BY THE PEOPLE
OF THE STATE OF COLORADO.

tic animal, OF animals Sndll, hereafter,
be liable for all injury or damage done
by such domestic animal, or animals
Sec. 2. The person whose property
] injured or damaged may have lien
upon the trespassing domestic animal,
or animals. for the full amount Of dam.
ages and costs, and may enforce the
collection Of the same by the proper
action in any court having jurisdiction.
Sec. 3. The party whose property is
trespassed upon by such domestic ami
NAL, or animals, may distraln the tres
passing 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 oil
distraint 10 be assessed pro rata per
head to each owner, person in posses
sion, or caretaker, il more than one,
anu tash ooHs', PNlaoi VI pOooS9SlpiI'
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 distralnt, and each own
er, person in possession, or caretaker,
shall have the right To release such do
nestle animal, or animals. from dis
traint by paying the said pro rata
amount to the person damaged
Sec. 4. Ii any person. by force. or
otherwise, without leave Of the person
having such domestic animal, or ami
mails. under distraint, remove the same
from distraint, the person so doing
shall be guilty of a misdemeannr, and
OF conviction shall pay fine of not
less than Ten nor more than One Hun
dred 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 civil action for
the recovery of the domestic animal, or
animals, or the value of same, so re-
lieved from dlstraint, or for damages
and costs, as the party distraining may
elect.
Sec. 5. Within forty-eight hours af-
ter distraint of any domestic animal, or
animals. exclusive of Sundays and holi-
days, the party distraining shall notify
the owner, person in possessisn. or
caretaker. if known, Of such animal. or
animals, advising said owner, person in
possession. or caretaher, of the dam
ages claimed and the cost OF such dis
tralnti and If said parties fail 10 agree
upon a settlement for such damages
and costs Of distraiht. and for the dis
charge from distrAint of such domeatic
animal, or animals, either party may
by suit in any court Of competent juris-
dictiun, proceed TO have such matters
adjudlcated; provided, however, that
the distraning party may keep such
domestic animal, or animals, under dis
tralnt. snhJect to the order of the court
in the premises. or until an undertak
ing, as hereinafter provided. has been
executed and delivered.
See. &. The owner, person in posse s.
sion. or caretaker. oil any domestic an.
lmal, or animals, at any time before
final judgment, may release such do
mcstlc animal, or animals, from dis
tralnt, by executing and delivering an
Undertaking to the party distraining,
or by filing the same with the records
nt the suit in the court having iurisdic.
ton. Such undertaking shall be sign.
ed by two responsible surpties, each a
resident of the county in which such
domestic animal, or animals. is or are
distrained, or in which the suit is pend
ing, and shall be To 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 distraining party the full
amount for which judgment may be OBJ.
tanned, together with costs of suit
The undertaking herein provided snail
be double the amount Of the alleged
damages and costs OF dstraiut.
Sec. Z. The provisions Of this act
shall not bar any other legal proceed.
ings which, under existing law. are
available to the owner, person in pos.
session, or c.sretaker. of such dones.
tic animal, or animals, or the person
whose lands are trespassed upon.
See. .. All acts, or parts Of acts. or
laws in conflict herewith, and particu.
larly Sections and 3 Of the act ap-
proved April 10th, 1885, Chapter l.. of
the General Statutes OF Colorado. en-.
titled fences the said sections being
numbered 25s7 and 25S9 of the 1908 Re-
vised Statutes Of Colorado, are hereby
repealed.
Ssc. ., This act shall take effect on