reglab/housing_qa huggingface dataset:
CO Code § 35-54-105 (2021)
2021 Colorado Code|Title 35 - Agriculture|Article 54 - Sale of Stock|§ 35-54-105. Selling Without Bill of Sale - Theft

  Any person who sells or offers for sale or trades any livestock upon which such person has not his recorded mark or brand, or for which the person so offering has neither bill of sale nor power of attorney from the owner of such livestock authorizing such sale, is guilty of theft, unless such person upon trial shall establish and prove that he was at the time the actual owner of the livestock so sold or traded, or offered for sale or trade, or that he acted by the direction of one proven to be the actual owner of such livestock.    In prosecutions for a violation of this section, it shall not be necessary, in order to warrant a conviction for the people, to prove motive, intent, or purpose on the part of the accused, or that the accused knew that the livestock sold or traded, or offered for sale or trade, was so sold, traded, or offered in violation of this section, but the fact of such selling, trading, or offering for sale or trade contrary to the provisions of this section, when proved, shall be sufficient to authorize a conviction, unless the accused shall by testimony explain the case made by the people in a manner consistent with good faith and an innocent purpose.     History. Source: G.L. § 2600. G.S. § 3192. R.S. 08: § 6450. C.L. § 3274. CSA: C. 160, § 204. CRS 53: § 8-10-4 . C.R.S. 1963: § 8-10-4 . L. 67: Pp. 255, 574, §§ 3, 3.    Cross references:   For theft generally, see § 18-4-401 ; for additional provisions concerning theft of livestock, see § 35-43-128 .
CO Code § 35-54-106 (2021)
2021 Colorado Code|Title 35 - Agriculture|Article 54 - Sale of Stock|§ 35-54-106. Partido Contracts Recorded

 No partido or share contract, whereby livestock is delivered to be kept on shares for a period of time at the end of which they, or an equal or similar number, or any number thereof, are to be returned, whatever the specific terms of said contract may be, shall be valid, except as between the parties to said contract, unless such contract is filed or recorded in the office of the county clerk and recorder of deeds of the county wherein such livestock is to be kept.   History. Source: L. 25: P. 492, § 1. CSA: C. 160, § 205. CRS 53: § 8-10-6 . C.R.S. 1963: § 8-10-6 .    ANNOTATION   Law reviews. For article, “The Perennial Problem of Security Priority and Recordation”, see 24 Rocky Mt. L. Rev. 180 (1952). For article, “Impact of the Uniform Commercial Code on Colorado Law”, see 42 Den. L. Ctr. J. 67 (1965).   This section requires that partido contract be in writing and that it be recorded in the office of the clerk and recorder of the county in which the livestock is to be kept under the agreement. Klutts v. Parker, 158 Colo. 594 , 409 P.2d 275 (1965).   Partido contract need not be in any set form and its character is not varied by the fact that the interest of the one in possession of the livestock is measured in cash: What must be shown is an interest in the property by the one to whom the care of the sheep is entrusted. Clay Robinson & Co. v. Antencio, 74 Colo. 17 , 218 P. 906 (1923); First Nat'l Bank v. Matteson, 106 Colo. 233 , 103 P.2d 487 (1940); Klutts v. Parker, 158 Colo. 594 , 409 P.2d 275 (1965).   For nonexistence of partido contract due to lack of lessee's interest, see First Nat'l Bank v. Matteson, 106 Colo. 233 , 103 P.2d 487 (1940).
CO Code § 35-55-101 (2021)
2021 Colorado Code|Title 35 - Agriculture|Article 55 - Public Livestock Markets|§ 35-55-101. Definitions

 As used in this article, unless the context otherwise requires:    “Livestock” means horses, mules, cattle, burros, swine, sheep, goats, poultry, and alternative livestock as defined in section 35-41.5-102 (1).    “Public livestock market” means any place, establishment, or facility, commonly known as a livestock market, conducted or operated for compensation or profit as a public livestock market, consisting of pens, or other enclosures, and their appurtenances, in which live horses, mules, cattle, burros, swine, sheep, goats, and poultry are received, held, or assembled for either public or private sale. The person, partnership, or corporation owning or controlling premises defined as a public livestock market shall be compensated for the use of the premises and the services performed in handling the livestock in connection with the sale.     History. Source: L. 49: P. 698, § 2. CSA: C. 160, § 209(19). CRS 53: § 8-11-2 . C.R.S. 1963: § 8-11-2 . L. 65: P. 234, § 2. L. 94: (1) amended, p. 1712, § 13, effective July 1.
CO Code § 35-55-102 (2021)
2021 Colorado Code|Title 35 - Agriculture|Article 55 - Public Livestock Markets|§ 35-55-102. License Requirements

  Any person, partnership, or corporation may procure a license to establish and operate, for a term of one year, a public livestock market within the state of Colorado by making written application to the state board of stock inspection commissioners. The application must provide the following:   The name and address of the applicant, and the names and addresses of all persons having any financial interest in the business;    Proof of financial responsibility of the applicant in the form and amount required by the state board of stock inspection commissioners in accordance with section 35-55-104 or as set forth in the federal “Packers and Stockyards Act, 1921”, 7 U.S.C. sec. 181 et seq., as amended;    A legal description of the property and its exact location, with a complete description of the facilities proposed to be used in connection with such public livestock market;    Repealed.    Proof of the ability of the applicant to comply with the federal “Packers and Stockyards Act, 1921”, as amended (7 U.S.C. sec. 181 et seq.).    Repealed.       Each such application shall be accompanied by the annual fee as prescribed in section 35-55-103.    To qualify for a license, the applicant must prove ownership of or control by lease of a facility that is adequate as determined by an authorized brand inspector to hold, handle, sort, and inspect livestock.    Repealed.    Every licensed public livestock market shall use forms approved by the state board of stock inspection commissioners for consignment cards, consignors accounts on sale, buyers settlement sheets, and bills of sale to the purchaser.    A public livestock market shall operate on the day of the week designated by the state board of stock inspection commissioners. The operation of a public livestock market in this state without a license is a misdemeanor punishable as provided in section 35-55-117.     History. Source: L. 49: P. 697, § 1. CSA: C. 160, § 209(18). CRS 53: § 8-11-1 . C.R.S. 1963: § 8-11-1 . L. 65: P. 233, § 1. L. 91: IP(1) amended, (1)(d) and (4) repealed, and (1)(e) and (1)(f) added, p. 166, §§ 1, 2, effective July 1. L. 2006: (1)(e) amended, p. 1507, § 57, effective June 1. L. 2019: IP(1), (1)(b), and (3) amended and (1)(f) repealed,(SB 19-150), ch. 241, p. 2370, §§ 3, 4, effective May 20.    ANNOTATION   Law reviews. For article, “One Year Review of Contracts”, see 36 Dicta 19 (1959). For article, “One Year Review of Corporations, Partnership, and Agency”, see 36 Dicta 27 (1959).   Purpose of livestock sales ring statute is the prevention of the spread of infectious and contagious diseases of animals. Seal v. State Bd. of Stock Inspection Comm'rs, 114 Colo. 497 , 167 P.2d 22 (1946).   To operate livestock sales ring, one must receive sanction of state to do so, and must accept the limitations, duties, and responsibilities which the statutory law imposes. Weaver v. First Nat'l Bank, 138 Colo. 83 , 330 P.2d 142 (1958).
CO Code § 35-55-103 (2021)
2021 Colorado Code|Title 35 - Agriculture|Article 55 - Public Livestock Markets|§ 35-55-103. License Fee - Rules

 No person shall engage in the operation of a public livestock market within the state of Colorado without first procuring a license from the state board of stock inspection commissioners and paying a fee prescribed by the board in an amount sufficient to cover the administrative costs of the licensing provisions of this article. The license may be renewed by eligible applicants in accordance with an expiration and renewal schedule established in rules promulgated by the commissioner of agriculture. An application for a license to establish and operate public livestock markets shall be in writing upon a blank form to be furnished by the board and shall be accompanied by the fee prescribed by the board pursuant to this section. If the board does not issue a license or renewal, the fee must be returned to the applicant.   History. Source: L. 49: P. 698, § 3. CSA: C. 160, § 209(20). CRS 53: § 8-11-3 . C.R.S. 1963: § 8-11-3 . L. 65: P. 235, § 3. L. 81: Entire section amended, p. 1711, § 6, effective July 1. L. 91: Entire section amended, p. 167, § 3, effective July 1. L. 98: Entire section amended, p. 274, § 11, effective August 5. L. 2009: Entire section amended, (SB 09-115), ch. 61, p. 219, § 4, effective July 1.
CO Code § 35-55-104 (2021)
2021 Colorado Code|Title 35 - Agriculture|Article 55 - Public Livestock Markets|§ 35-55-104. Bond

  No license or renewal of license to establish a public livestock market within the state of Colorado may be issued until the applicant has filed evidence of a savings account, deposit, or certificate of deposit meeting the requirements of section 11-35-101, C.R.S., or executed and delivered to this state a surety bond approved and accepted by the state board of stock inspection commissioners upon a form prescribed by the state board. The bond shall be in a penal sum of not less than twenty-five thousand dollars, the amount to be determined by the state board based upon the dollar volume of the business, and shall be issued by a surety company approved by the state board of stock inspection commissioners. Said bond shall be conditioned upon the prompt payment to the rightful owner, upon sale of the livestock so consigned and delivered to the licensee for sale, of all moneys received, less reasonable expenses and agreed commissions chargeable by the licensee and operator of the public livestock market, and also upon full compliance with all of the terms and requirements of this article. When so approved, said bond shall be filed with the state board.    Actions at law may be brought in the name of the state board of stock inspection commissioners upon any such bond, for the use and benefit of any person, firm, or corporation who may suffer loss or damage from violations thereof, but the aggregate liability of the surety for all such losses or damages shall, in no event, exceed the sum of said bond.    Any such public livestock market which is registered under the provisions of the federal “Packers and Stockyards Act, 1921”, as amended, and has executed a bond as provided for therein and as is required by the rules and regulations prescribed by the secretary of agriculture, is not required to execute the bond provided for in this article if such bond also guarantees payment of all brand and sanitary inspection fees due this state. Copies of any such license and bond certified by the executive officer of such board may be procured upon payment of a fee of one dollar each, and shall be received as competent evidence in any court in this state.     History. Source: L. 49: P. 698, § 4. CSA: C. 160, § 209(21). L. 51: P. 787, § 1. CRS 53: § 8-11-4 . C.R.S. 1963: § 8-11-4 . L. 65: P. 235, § 4. L. 73: P. 1395, § 6. L. 79: (1) amended, p. 426, § 18, effective July 1. L. 98: (3) amended, p. 274, § 12, effective August 5.    Cross references:   For the federal “Packers and Stockyards Act, 1921”, and amendments thereto, see 7 U.S.C. §§ 181-231.
CO Code § 35-55-105 (2021)
2021 Colorado Code|Title 35 - Agriculture|Article 55 - Public Livestock Markets|§ 35-55-105. Posting Licenses

 A certified copy of an issued license may be procured by the holder of the original upon payment of a fee of one dollar therefor, and the original or certified copy of said license shall be posted during sale periods in a conspicuous place on the premises where the public livestock market is conducted.   History. Source: L. 49: P. 699, § 5. CSA: C. 160, § 209(22). CRS 53: § 8-11-5 . C.R.S. 1963: § 8-11-5 . L. 65: P. 236, § 5. L. 98: Entire section amended, p. 275, § 13, effective August 5.
CO Code § 35-55-106 (2021)
2021 Colorado Code|Title 35 - Agriculture|Article 55 - Public Livestock Markets|§ 35-55-106. Board Rules

 The state board of stock inspection commissioners may adopt, publish, and enforce rules and regulations necessary for the administration of this article.   History. Source: L. 49: P. 699, § 6. CSA: C. 160, § 209(23). CRS 53: § 8-11-6 . C.R.S. 1963: § 8-11-6 .    Cross references:   For rule-making procedures, see article 4 of title 24.
CO Code § 35-55-108 (2021)
2021 Colorado Code|Title 35 - Agriculture|Article 55 - Public Livestock Markets|§ 35-55-108. Investigation - Hearing - Administrative Law Judge

  The state board of stock inspection commissioners, upon its own motion on the basis of reasonable cause or upon the complaint in writing of any person, shall investigate the activities of any licensed livestock market operator or any person who assumes to act in such capacity within the state. Based on the findings of such investigation, the board may initiate proceedings under this article for the discipline of a licensee.    The board shall, through the department of agriculture, employ administrative law judges appointed pursuant to part 10 of article 30 of title 24, C.R.S., to conduct hearings for placing a licensee on probation or for revoking or suspending a license on behalf of the board. The administrative law judges shall conduct such hearings pursuant to the provisions of sections 24-4-104 and 24-4-105, C.R.S.     History. Source: L. 49: P. 700, § 8. CSA: C. 160, § 209(25). CRS 53: § 8-11-8 . C.R.S. 1963: § 8-11-8 . L. 65: P. 236, § 7. L. 91: Entire section amended, p. 168, § 6, effective July 1.
CO Code § 35-55-109 (2021)
2021 Colorado Code|Title 35 - Agriculture|Article 55 - Public Livestock Markets|§ 35-55-109. Sanitary Conditions

 Every public livestock market shall be maintained in a sanitary condition.   History. Source: L. 49: P. 700, § 9. CSA: C. 160, § 209(26). CRS 53: § 8-11-9 . C.R.S. 1963: § 8-11-9 . L. 65: P. 237, § 8. L. 2019: Entire section amended, (SB 19-150), ch. 241, p. 2371, § 6, effective May 20.
CO Code § 35-55-110 (2021)
2021 Colorado Code|Title 35 - Agriculture|Article 55 - Public Livestock Markets|§ 35-55-110. Scales

 All scales used in the operation of public livestock markets shall come under and be controlled by Colorado's weights and measures laws.   History. Source: L. 49: P. 700, § 10. CSA: C. 160, § 209(27). CRS 53: § 8-11-10 . C.R.S. 1963: § 8-11-10 . L. 65: P. 237, § 9.    Cross references:   For Colorado's weights and measures laws, see article 14 of this title.
CO Code § 35-55-111 (2021)
2021 Colorado Code|Title 35 - Agriculture|Article 55 - Public Livestock Markets|§ 35-55-111. Records

 Operators of all public livestock markets shall keep on file an accurate record of the date on which a consignment of animals was received and sold, together with the name and address of the buyer and seller, the number and species of the animals received and sold, and the marks and brands on each animal. Said records together with the gross selling prices, commission, and other proper care, handling, and sale charges on each consignment shall be available for inspection by the executive officer of the state board of stock inspection commissioners, his deputy, or authorized inspector. All records of sales during preceding months shall be kept readily accessible for immediate examination.   History. Source: L. 49: P. 700, § 11. CSA: C. 160, § 209(28). CRS 53: § 8-11-11 . C.R.S. 1963: § 8-11-11 . L. 65: P. 237, § 10.    ANNOTATION   Operator of livestock ring is “seller” within the meaning of the uniform commercial code. Ranchers & Farmers Livestock Auction Co. v. Honey, 38 Colo. App. 69, 552 P.2d 313, cert. denied, 191 Colo. 503 , 553 P.2d 799 (1976).
CO Code § 35-55-112 (2021)
2021 Colorado Code|Title 35 - Agriculture|Article 55 - Public Livestock Markets|§ 35-55-112. Brand Inspection

  All cattle, horses, mules, and burros, upon entering a public livestock market, shall be inspected for iron brands, earmarks, and other identifying characteristics before being offered for sale. A bill of sale signed by the recorded owner of the brands or no brands or an account of sale showing the brands or no brands on the livestock consigned shall be produced by the consignor. The brand inspector in charge may, in justifiable circumstances, permit the sale of cattle, horses, mules, or burros whose ownership is questionable and then proceed to impound the proceeds of the sale of such animals. After any livestock are consigned to any public livestock market, they shall be held and treated as if the ownership thereof has not been established, until a proper bill of sale or account of sale is produced by the consignor. Such inspections shall be made by authorized brand inspectors who have been approved by the state board of stock inspection commissioners, and a fee per head in the amount prescribed by the state board of stock inspection commissioners pursuant to section 35-41-104, shall be withheld from the consignor's proceeds of sale by the market operator, to be paid to the state board of stock inspection commissioners, for brand inspection on all cattle, horses, mules, and burros.    The authorized brand inspector making the inspection and collecting the fees prescribed shall issue an official brand inspection certificate in duplicate, one copy to be the property of the owner or operator of the auction market, and will be authority for the public livestock market to issue a bill of sale to the purchaser of any livestock sold or disposed of through a licensed livestock auction market, the original to be delivered to the office of the state board of stock inspection commissioners.     History. Source: L. 49: P. 701, § 12. CSA: C. 160, § 209(29). CRS 53: § 8-11-12 . C.R.S. 1963: § 8-11-12 . L. 65: Pp. 225, 237, §§ 3, 11. L. 71: P. 169, § 1. L. 75: (1) amended, p. 1351, § 1, effective May 31. L. 81: (1) amended, p. 1711, § 7, effective July 1. L. 98: Entire section amended, p. 275, § 14, effective August 5.    ANNOTATION   Duty of brand inspector under statute is two-fold: Toward the state as his employer and toward the livestock sales ring operator who is required by the statute to rely upon his inspection and certification. Weaver v. First Nat'l Bank, 138 Colo. 83 , 330 P.2d 142 (1958).   Each brand inspector is supplied with a book of registered brands, and with supplements containing additional brands or changes in the ownership of brands, and failure to resort to the brand book to determine the ownership of animals to be sold in a livestock sales ring is negligence for which a brand inspector is liable. Weaver v. First Nat'l Bank, 138 Colo. 83 , 330 P.2d 142 (1958).
CO Code § 35-55-114 (2021)
2021 Colorado Code|Title 35 - Agriculture|Article 55 - Public Livestock Markets|§ 35-55-114. Title

 The operator of each public livestock market in this state shall warrant to the purchaser thereof the title of all livestock sold through his public livestock market and shall be liable to the rightful owner thereof for the net proceeds in cash received for such livestock so sold. It is the further duty of such operator, when notified by the authorized brand inspector that there is a question as to whether any designated livestock sold through said market is lawfully owned by the consignor thereof, to hold the proceeds received from the sale of said livestock for a reasonable time, not to exceed thirty days, to permit the consignor to establish ownership and if at expiration of that time, the consignor fails to establish his lawful ownership of such livestock, said proceeds shall be released by such operator to the state board of stock inspection commissioners, which board has authority to dispose of said proceeds in accordance with Colorado's estray laws relating to the distribution of estray money, and the board's receipt therefor shall relieve said operator from further responsibility for said proceeds. Proof of ownership and an account of all sales of livestock shall be transmitted by the authorized brand inspector to the state board of stock inspection commissioners.   History. Source: L. 49: P. 703, § 14. CSA: C. 160, § 209(31). CRS 53: § 8-11-14 . C.R.S. 1963: § 8-11-14 . L. 65: P. 239, § 13.    Cross references:   For disposition of the proceeds from the sale of estrays, see § 35-44-106 .   ANNOTATION   Law reviews. For article, “One Year Review of Corporations, Partnership, and Agency”, see 36 Dicta 27 (1959).   Licensed operator of livestock sales ring warrants to purchaser title of all livestock sold through his sales ring, and is liable to the rightful owner for the net proceeds in cash received for livestock sold. Weaver v. First Nat'l Bank, 138 Colo. 83 , 330 P.2d 142 (1958); Winter Livestock Comm'n Co. v. Noll, 30 Colo. App. 141, 489 P.2d 1067 (1971).   This section and § 35-55-107 leave no discretion to the agency once it has been determined that a violation has occurred. Howard & Assocs. v. State Bd. of Stock Inspection Comm'rs, 35 Colo. App. 86, 532 P.2d 366 (1974).   Public livestock market is not given power to determine ownership. Howard & Assocs. v. State Bd. of Stock Inspection Comm'rs, 35 Colo. App. 86, 532 P.2d 366 (1974).   Operator of livestock ring is “seller” within the meaning of the uniform commercial code. Ranchers & Farmers Livestock Auction Co. v. Honey, 38 Colo. App. 69, 552 P.2d 313, cert. denied, 191 Colo. 503 , 553 P.2d 799 (1976).   Attorney's fees includable as damages for breach of warranty. In an action involving breach of warranty in the sale of livestock by the licensed operator of a livestock sales ring, the expense occasioned by the employment of counsel constitutes a part of the damage sustained by plaintiff in consequence of the breach of such warranty. Weaver v. First Nat'l Bank, 138 Colo. 83 , 330 P.2d 142 (1958).
CO Code § 35-55-115 (2021)
2021 Colorado Code|Title 35 - Agriculture|Article 55 - Public Livestock Markets|§ 35-55-115. Disposition of Fees

 All license fees collected from public livestock markets shall be deposited with the state treasurer and shall be placed in the brand inspection fund by the state treasurer for use of the board in paying ordinary expenses of the state board of stock inspection commissioners.   History. Source: L. 49: P. 703, § 15. CSA: C. 160, § 209(32). CRS 53: § 8-11-15 . C.R.S. 1963: § 8-11-15 . L. 65: P. 240, § 14. L. 98: Entire section amended, p. 275, § 15, effective August 5.    Cross references:   For the brand inspection fund, see § 35-41-102 .
CO Code § 35-55-116 (2021)
2021 Colorado Code|Title 35 - Agriculture|Article 55 - Public Livestock Markets|§ 35-55-116. Dispersal Sales

 All dispersal sales made at public livestock markets shall meet the requirements prescribed for other livestock passing through such markets.   History. Source: L. 49: P. 703, § 16. CSA: C. 160, § 209(33). CRS 53: § 8-11-16 . C.R.S. 1963: § 8-11-16 . L. 65: P. 240, § 15.