The Lamar register., 1916-11-01

erty is injured or damaged may have
lien upon the trespassing domestic AM.
NAL, or animals for the fun amount OF
damages and costs, and may enforce
the collection of tho same by the
proper action In any court having 1ur-
Sec. s. The party whose property
is trespassed upon by such domestic
animal. or animals. may distrnin the
trespassing domestic animal. or ami
msls, 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 costs OF distraint. such dam
ages and costs OF distraint to be as
sessed pro rata per head to each own
or. person in possession, or oaretaker'
II more than one, and each owner per,
son in possession. or caretnksr. shall
be liable for the pro rata amount TO
the person damaged, together with his
distraint: and each owner, person in
possession, or caretRker. 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. If any person. by. force.
son having such domestic animal, or
animals, under distraint, remove the
same from distrHint' the person ITl,, SO do
and on conviction shall pay a fine OF
not less than Ten nor more than one
the county jail not less than ten nor
more than sixty days. and shall, in i'd
dition thereto, BIO liable in a civil
animal, or animals or the value Of the
came. so relieved from distralnt. or Tor
damages and costs as the party dis
training may elect.
Sec g. Within forty-oight hours
after dlstraint Of any domsstis animal;
or animals. exclusive OF sundays and
h hStif1 Il. ' o3nSr sr Sersos IL
or caretnker, II known, OF such ami
NAL. or animals. advising said own
err person in possession, or caretaker,
OF the damages claimed and the costs
Of such distrRinti and II said parties
fan t9 agree upon D2 co,, sst,,,eTg ,sf fSr
and for the discharge from distraint Of
such domestic animal or animals.
OF competent Jurisdiction, proceed to
have such matters adjudicsted; pro
vided. however, that the distraininE
or animals, under distraint subject to
the order Of the court in the promises.
or until an undertaking as hsrsinaf;
ter provided. has been executed and
Sec g. The owner. person in pos
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 dlstrainlnR,
or by filing the same with the records
Of the suit IN the court having (uris-
signed by two responsible suretiss.
each resident OF the county In which
such domestic animal. or animals, 10 or
pending. and shall be to the effect that
In case the distraining party recover
Judgment against the owner, person in
possession, or caretaker, of such do
nestle animal, or animals, the owner,
person in possession, or caretsker o.
such domestic animal, or animals, will
pay to the distralning 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 dlstralnt
shall not bar any other legal proceed
ings which, under existing law, are
available to the owner, person In pos
session, or cRretaker, of such domestic
whose lands are trespassed upon.
Sec. s. All acts. or parts Of acts,
or laws in conflict herewith, and par
tieularly ssetions / and Of the act
OF the General Statutes OF Colorado.
entitled Fences" the said sections be-
ing numbered 1857 ana 1850 Of the 1905
Revised statutes OF Colorado. are here
Sec .. This act shall take effect
on June LIST. a D. 1917.
We. the undersigned legal voters and
qualified electors OF the State Of Colo
rado, do hereby designate the follow
Ing persons to represent the signers OF
this petition in all matters Alleging
gait. Post Building. Denver. Colorado;
John c. Powell. Ernest and Cranmer
building, Denver. Colorado; John
Thomas Maley. 5O7 Ernest and Gran
We. the undersigned legal voters and
qualified electors Of the state OF Colo
rado. do hereby designate the following
Ballot-Title for said act.