The Glenwood post., 1916-10-14

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 of
distraint to be assessed pro rata per
head to each owner, person in posses
sion, or caretaker, if more than one,
and each owner, person in possession,
or caretaker, shall be liable 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, or care
taker. 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, 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 misdemeanor. and
on 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 the same, so
relieved from distraint or for damages
and costs. as the party distraining may
elect.
See. >. Within fortv-eight hours
after distraint of any domestic animal,
or animals, exclusive of Sundays and
holidays. the party distraining shall
notify the owner, person in possession,
or carctaker. if known, of such animal,
or animals. advising said owner, person
in possession. or caretaker, of the dam
ages claimed and the costs of such
distrant: and if said parties fail to
agree upon a settlement for such dam
ages and costs of distraint, and for the
discharge from distraint of such domes-
tic animal. or animals either party
may by suit in any court of competent
jurisdiction. proceed to have such mat
tiers adiudicated; provided, however,
that the distraining party may keep
such domestic animal. or animals, under
distraint subject to the order of the
court in the premises. or until an un-
dertaking as hereinafter provided, has
been executed and delivered.
Sec g. The owner person in posses
sion, or caretaker, of any domestic ami
NAL. or animals at anv time before
final Judgment. may release such do
nestle animal, or animals, from dis
traint bv executing and delivering an
to the party distraining,
or by filing the same with the records
of the suit in the court having iuris-
diction. Such undertaking shall be
signed bv two responsible sureties. each
a resident of the county in which such
domestic animal. or animals is or are
'istrained or in which the snit is pen nding,
and shall be to the effect, that in, case
the distraining party recover Judgment
against the owner, nerson in possession.
or caretaker. of such domestic animal,
or animals. the owner. person in pos.
session, or caretaker Of such domestic
animal or animals. will nay to the dis
training partv the full amount for
which Judgment NAV be obtained, to-
g"ther with costs of suit. The under
taking herein provided shall be double
the amount Of the alleged damages and
"osts of distraint.
Sec. 7. The provisions of this act
shall not bar anv other legal proceed.
'nqs which, under existing law. are
available to the owner nerson in pos
session. or caretaker of such domestic
animal. or animals, or to the person
whose lands are trespassed upon.
Sec 8. Al acts or p"-ts of acts. or
laws in conflict herewith. and partieu-
larlv Sections and of the act ap-
proved April 10th. 1885. Chapter L. OF
the General Statutes of Colorado, en-
titled " Fences,' the said sections be-
ing numbered 25S7 and 25s9 of the
1908 Revised Statutes of Colorado, are
hereby repealed.
Sec. 9. 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 affecting
the petition, to-wit: Volney T. Hog.
gait, Post Building, Denver, Colorado;
John G. Powell, Ernest and Cranmer
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
Balot-Title for said act: