COLORADO STOCK LAWS COMPILED AND COLLATED IX PURSUANCE OF THE PROVISIONS OF AN ACT TO PROVIDE FOR THE COMPILATION AND COLLATION, PRINTING AND DIS TRIBUTION OF ALL ACTS AND PARTS OF ACTS RELAT ING TO STOCK." APPROVED FEB. 12, 1883. DENVER, COLO.: TRIBUNE PUBLISHINGCOMPANY. - /" # A // COLORADO STOCK LAWS. COMPILED AND COLLATED IN PURSUANCE OF THE PROVISIONS OF "AN ACT TO PROVIDE FOR THE COMPILATION AND COLLATION, PRINTING AND DIS TRIBUTION OF ALL ACTS AND PARTS OF ACTS RELAT ING TO STOCK." APPROVED FEB. 12, 1883. DENVER, COLO : TRIBUNE PUBLISHING COMPANY OFFICERS OF THE COLORADO CATTLE GROWERS' ASSOCIATION, JACOB SCHERRER President. J. F. BROWN Vice- President. L. R. TUCKER Secretary. J. A. COOPER . Treasurer. EXECUTIVE COMMITTEE: R. G. WEBSTER, W. H. H. CRANMER, JOSEPH W. BOWLES, H. H. METCALF, J. W. SNYDER. Office : Rooms 4. and 5 Opera House* Block, Denver \ Colorado. STATE INSPECTION COMMISSIONERS I J. W. P ROWERS .... ........ of Bent County. J. L. BRUSH . of Weld County. NELSON HALLOCK of Lake County. L. R. TUCKER of Elbert County. GEORGE W.THOMSON, JR. . of Fort Lewis, La Plata County. The following comprises all the General and Special Laws relating to Domestic Animals in the State of Colorado: AN ACT TO AMEND AN ACT ENTITLED " AN ACT REGULATING THE BRANDING, HERDING AND CARE OF STOCK:' CHAPTER TWENTY-SIX OF THE GENERAL LAWS. [See Laws iSSi, page 228.] SECTION I. No person shall take up an estray animal, Duties of per- except in the county where he resides, and is a house- sons taking up holder, nor unless the same be found in the vicinity of his residence. When any person shall take up an estray, he or she shall, within five days after taking up such estray, make out a written description of such animal, or animals, as the case may be, setting forth all marks or brands apparent and other marks of identity, such as color, age, or size, and present the same to the County Clerk of the proper county, who shall endorse thereon the date of presentation of the same, and return one copy to the taker-up, and the copy he shall place upon record in the estray book. After filing such notice, it shall be lawful for said taker-up to herd and take charge of said stock until the same shall be claimed and proved, and taken in charge by the owner thereof, or his duly authorized agent. The County Clerk shall be entitled to twenty-five cents, from the party presenting the Fees of County same, for recording each certificate of estray, and five cents Clerk - per head for each additional number more than one con tained in said certificate ; and the taker-up of said estray shall be entitled to twenty-five cents for each original cer-p ay f tificate of description, with ten cents per head for each" P additional number more than one contained in said certifi cate, and mileage to and from the Clerk's office, at the rate of ten cents per mile; provided, That if the animal so taken up is a horse, mare, mule or colt, it shall not be lawful for the taker-up to so take charge of the animal or animals as hereinbefore provided, except to have the said animal or Publication of estray notice. animals appraised by two householders, who shall be sworn before a justice of the peace, or any person qualified to Pay of a prais- administer oaths; said appraisers to receive one dollar and fifty cents each for services as such, said fees to be paid by the taker- up; said appraisement to be entered on the estray book at the same time and as part of the original descrip tion as aforesaid; provided, further, that it shall not be law ful for the taker-up of an animal or animals to so take charge of them as hereinbefore provided, except he or they cause to be published, within forty days of the time of such taking-up, a copy of the original notice as entered upon the estray book ; such publication to be for four consecutive weeks; all estray notices to be published in the same paper for the current year; said paper to be located at the Capital, and to be designated by the State Stock Association, or in lieu thereof, by the Secretary of State. In the event of a change being made in the paper so selected, thirty days notice shall be given by the paper then publishing said notices. All expenses of said publication shall be paid by the taker-up, and by him collected, the same as other costs and charges, as hereinafter provided. Approved February i[, 1881. NOTE. The provisions of sections 2, 3, 4 and 5, page 177, Session Laws of 1872, was in force until the session of 1881, when it was re-enacted. [R. S., Chapter XC VI, page 847.] SEC. 2. Before the owner of any estray so taken up se,s? c n ver pos ' and posted, shall be entitled to the .possession of the same, he 'shall notify the taker-up of the time and place before the most convenient magistrate, county judge or justice of the peace, as the case may be, when and where he will prove his right to said property, and shall procure an order in writing from said magistrate to the taker up to deliver the same over into the possession of the owner, upon pay ment to said taker-up of all the costs in the case, including the costs of taking up and ranching the said stock, at the rate of fifty cents per head per month ; provided, that where the taker-up is fully satisfied that said estray or estrays are Expense of publication how paid. the property of the claimant, and that he is entitled to the possession of the same, he may, upon payment to him of his legal costs and charges, deliver the same to the claim- ant, and take his receipt therefor for the stock so delivered ; Sy of taker- but the taker-up shall be held liable for the value of said u? '" stock, if he shall deliver the same to any one not the owner or entitled to the same. At the expiration of twelve months Manner of mak- from the date of filing description of any estrays, and of estray stock, before the taker-up or other person not the rightful owner thereof, shall gain any title to said estrays, it shall be the duty of the taker-up to file a notice with the County Clerk, which shall be placed upon record in the estray book, set ting forth a minute description of the estray to be offered, and the time and place when and where the same will be offered at public sale to the highest bidder, for cash in hand, and shall put up a copy of the same at the Court House door and in three other conspicuous places in the county, and one at the residence of the taker-up; said notice to be posted up for ten days before the day of sale. The sale shall be at public auction, to the highest bid ds !f sak. der for cash in hand, and the proceeds of the same, after deducting all legal costs, fees and charges, shall be paid into the hands of the County Treasurer, for the benefit and use of the school fund of the school district in which the said estray stock was taken up. If the said district shall not be organized, then the same shall be paid into the gen eral school fund of the county; provided, that no one shall have the right, for twelve months after the appearance of said stock, to advertise any animal which is branded with a brand recorded in the county where the animal is running. Any Justice of the Peace of the county who is duly ^J so f n s ^ ct . satisfied that the provisions of this act have been complied goodwill e \n pur- with by the taker-up, in all substantial parts, may, by order c under his hand and seal, authorize the sale to be conducted by any constable or disinterested householder of the county, who shall execute and deliver to the purchaser a bill of sale of said stock, setting forth a description of the 8 same and the price paid, and that the same was estray stock, which certificate shall vest a good and perfect title in the purchaser. f of ^ EC- $' ^ an 7 pe rs on shall conceal, or attempt to con- e r ffacirTg cea *' anv estra 7 or lost goods, found or taken up by such an^.P 61 " 5011 ' or sna ^ e ^ CG r change, or attempt to efface or gi^lnfiTrmati'on cnan g e ail 7 m ^rk or brand thereon, or carry the same mais. stray am ~ beyond the limits of the county where found, or knowingly permit the same to be done, or shall neglect to notify, or give information of estray animals to the County Clerk of his county, every such person so offending shall be deemed guilty of larceny, and may be fined in any sum, at the dis cretion of the Court. rge SEC. A. No mustang or other inferior stallion over of certain ani- mais prohibited, the age of one year; nor an^ Texan, Mexican, or Cherokee penalty for per- same ng the kull, or otner inferior bull over the age of one year ; nor any Mexican or other inferior ram over the age of two months, shall be permitted to run at large in this State ; and no stallion of any kind over the age of one year shall be permitted to run at large in Boulder and Weld counties ; nor shall any stallion over the age of one year be permitted to run at large in said State, except with a band of mares not less than ten in number. The owner or person in charge of such animal or animals as are prohibited from running at large by this section, who shall permit such animal or animals to run at large, may be fined for each offense not less than fifty dollars nor more than two hun dred dollars. And it shall be lawful for any stock grower Castration of an- to castrate or cause to be castrated any such animal found imals running at . ...,._ in large, liability in running at large ; provided, that it any person shall castrate case animal not . , prohibited. any stallion, bull or ram, and it shall, on proper evidence before any competent court, be proven, to the satisfaction of said court, that such animal was not of a class of stock prohibited from running at large by this act, said person shall be liable to damages to the amount of treble the value of said animal so castrated, and costs of suit ; provided, also, that for the purposes of this act, any stallion possess- ing one-quarter of mustang blood, shall be deemed a mus tang stallion ; any bull possessing one-quarter Texan, Mexican or Cherokee blood, shall be deemed a Texan, Mexican or Cherokee bull, as the case may be; and. any ram possessing one-quarter Mexican blood, shall be deemed what cour.ti* a Mexican ram ; and, provided, further, that this section shall not take effect and be in force within the counties of Huerfano, Las Animas, Costilla and Conejos. AMENDATORY TO AN ACT APPROVED FEBRUARY 9, 1872, RELATING TO STOCK INJURED OR KILLED BY RAIL ROAD OR RAILWAY COMPANIES. [See R. S., page 850.] SECTION I. That an act entitled "An act providing for the payment for stock killed by railroads or railway companies," approved February 9, 1872, be and the same is hereby amended so as to read as follows : SEC. 2. That every railroad or railway corporation or Liability of rail- company operating any line of railroad or railway or any h? branch thereof, within the limits of this State, which shall kjJPS kill, damage or kill any horse, mare, gelding, filly, jack, jenny 38 or mule, or any cow, heifer, bull, ox, steer or calf, or any other domestic animal, by running. any engine or engines, car or cars, over or against any such animal, shall be liable to the owner of such animal for the damages sustained by such owner by reason thereof. AMENDATORY TO CHAPTER NINETY-SIX, GENERAL LAWS. [See Laws 1881, page 229.] SEC. 2. [Sec. 3.] If the owner of any animal or ani Affidavit of own- mals so killed, or his or her authorized agent shall make uficate o? bra^d. affidavit before some officer authorized to administer oaths, that he or she was the owner or authorized agent of the owner of the recorded brand found upon the animal or ani mals so damaged or killed, at the time of such killing or damaging, and such person shall, within six months after 2 10 such killing or damaging, deliver such affidavit to the agent or any officer of such company or corporation, together with a certificate of his or her mark or brand, under official seal of the County Clerk of the county in which such person resides, or shall make affidavit that the animal damaged or killed as aforesaid had no recorded mark or brand, and that he or she is the owner of such animal, [describing it] and the corporation or company shall pay to such person delivering such affidavit and cer tificate, or such affidavit last aforesaid, as follows : SCHEDULE. Schedule of pay- Texas yearlings $ 7 oo Texas two (2) years old 12 oo Texas three (3) years old and over 15 oo American yearlings 10 oo American two (2) years old 18 oo American three (3) years old and over 25 oo Amercan work cattle 25 oo American sheep, each 2 50 Mexican sheep or goats, each i 50 All half-blood Texan, Mexican and American cattle shall be counted as Texas cattle, and all three-quarter [J^j blood American cattle shall be considered American cat tle. Thoroughbred cattle, milch cows, high grade cows and grade bulls, shall be paid for at their cash value. Thoroughbred sheep shall be paid for at their cash value. Horses, mules and asses, shall be paid for at their cash value ; provided, that no railroad company shall at any time be required to pay more than the market value of any ani mal killed or damaged. In all cases where such railroad company or corporation shall kill any of the stock men tioned in this act, and for which no price or sum is fixed, the owner or agent of such stock shall, after the filing of such affidavit and certificate of brand or affidavit of owner- f ap " S ^P as a f resa id, select some disinterested freeholder of the county where such killing took place, and shall notify such company or corporation of said selection, and such company or corporation shall within three days thereafter, II select some suitable person to act with the person so selected, and the two so selected shall select a third, and the three so selected shall without delay proceed to appraise the value of the stock so killed, a majority of which three appraisers shall be sufficient to determine the same, and shall certify under oath such appraisement to an agent or de superintendent of such company or corporation. In case such railroad or corporation shall refuse or neglect to appoint such appraisers, it shall be the duty of the Justice ,, , . Proceedure in of the Peace nearest to the place where such stock is so case of neglect of 1-111 t R. R company killed, to select three disinterested persons as appraisers, 10 appoint ap - and administer to them an oath to honestly appraise the value of such stock, which appraisers shall without delay appraise and forward to such justice the result of such appraisement, which justice shall within ten (10) days there- {^"certificate after forward to an agent or superintendent of such railroad t f a 6 or corporation, a certificate of the result of such appraise- pany ' ment and the costs thereof; and such railroad or corpora tion shall, within thirty (30) days after the receipt of such certificate, pay to the owner of the stock so killed, or his to e m or her agent, the amount of such appraisement together m< with all costs sa aforesaid ; and in all cases where the value of such stock is established by this act, such company or corporation shall pay for such stock within thirty (30) days after the delivery of the affidavit and certificate of owner ship of brand or affidavit of ownership of stock. And all persons selected or appointed under this section, shall f r * y of ap P rai - receive the sum of one dollar, to be paid by said railroad company or corporation as hereinbefore provided. Approved February II, 1881. Record ot ani . -. -r^ -11 i 11 i ti mals killed to be SEC. 4. Kvery railroad company shall keep a book, kept by railway i i i i ' corporation at at some station in each county through which their road some station in each county. runs, to be designated by the company, and a notice of the station so designated shall be filed with the County Clerks of the counties in which such stations are located; and it is hereby made the duty of the said company to cause to be entered in said book, within fifteen days after the killing 12 of any animal, a description as nearly as may be of such animal, its color, age, marks and brands, and shall keep said book subject to the inspection of persons claiming to have had animals killed. Should any company fail to keep said book, or to file such notice in the manner herein pro vided, or to enter therein such description of any animal killed for a period of fifteen days thereafter, such company shall be liable to the owner of such animal to an amount twice the full value thereof. [AMENDATORY, SEE LAWS 1879, PAGE 188.] SECTION i. Any animal injured or killed not having any mark or brands upon it, or having- marks or brands Payment for s.ock killed unknown to such company, by the trains of any railroad without marks _ l to whom made company, said company shall, within thirty days next after such injury or killing, pay the value thereof according to the schedule of prices now fixed by law, unto the Treas urer of the District Association of Cattle Growers within the district where such animal is thus injured or killed ; provided, the ownership thereof shall not be established before the expiration of said thirty days ; and, provided, further, that if there shall be no such association, then said money shall be paid into the treasury of the proper county to the credit of the school fund of the county. Duty of district SEC. 2. It shall be the duty of the Treasurer of such treasurer. District Association to receive such money, and to receipt to such company therefor, and such receipt shall be a bar to any action that may be brought against such company on account of such injury for killing; and it shall be the further duty of such Treasurer to retain such money for six months, within which time he shall pay the same to the owner of such animal, in case the owner thereof shall be discovered ; but in case the owner th'ereof shall not be discovered, then, and in that case, at the expiration of said six months, such money shall be deposited by such Treas urer to the credit of the general fund of such District Asso ciation. 13 SEC. 5. [R. S.] If the owner of any stock shall any stock on the line of the track of any such company or corporation, with intent to injure such company or corpora- tion, and such stock shall be killed or injured, such owner ^ O r r ^, g e n s to shall not receive any damage from such railroad company or corporation therefor, and shall be liable to such company or corporation for all damage such company or corporation may suffer in consequence of such act, and shall also be criminally guilty of a felony and liable to indictment there for, and on conviction shall be imprisoned in the peniten tiary not less than one nor more than five years; but nothing herein shall be construed to prevent any person from allowing his or her stock to pasture on the lands ad jacent to the line of such railroads, or to drive his stock over or across any such track at suitable times and places. SEC. 6. In every case of the wounding or killing ofS5Sf k !5^Lki any such cattle or sheep, the price of the damages for wounded, which is fixed by this act, the body of such animal shall belong to such company, unless the owner thereof shall elect to take the same in lieu of said damages, or part thereof, within twenty-four hours after said wounding or killing; but in every other case the railroad or railway company may proceed to take care of and preserve the body of said animal, and it shall be the duty of such com pany to preserve the hide of such animal for at least thirty (30) days after such killing, such hide or hides to be kept for thirty (30) days for inspection by said railroad company or corporation at the station house nearest to the place where such killing occurred. If any agent or employe of Penalty for such company shall bury any animal killed or wounded by without skm- ning and keep- such company without skinning; the same, or shall neglect ing the hide for * inspection; dis- to keep for thirty (30) days for inspection any hide so taken position of fine, off as herein provided, such agent or employe of such com pany shall be fined in any sum not less than one hundred or more than three hundred dollars for each and every animal, to be collected in the name of the people of the State of Colorado, before any court of competent juris- 14 diction, one-half of the amount so received to go to the County Treasurer of the county wherein the recovery is had, and the other half to the person at whose instance the suit was brought. Punishment for SEC, 7. Any person falsely making an affidavit of making false affi- ' J \ ,,,,, j i 11 davit of owner- ownership of any animal killed or damaged, shall, on con- ship of animal ... killed. viction thereof, be liable to a fine of not less than five hun dred dollars and imprisonment in the penitentiary for not less than one year. AN ACT TO PROVIDE FOR THE BRANDING, HERDING AND CARE OF STOCK, AND TO REPEAL CERTAIN ACTS IN RELATION THERETO. [See R. S., page 854.] Punishment for SECTION I. Any person or persons not being the driving animals from usual owner or owners, or having the right of possession of any proof requisite, animal or animals, who shall be found driving or leading any such animal or animals from its or their usual range, such person or persons may be arrested by any constable, officer, or other person, specially deputed for such purpose, by a judge or justice of the peace, and such person or persons may be taken before any court of competent juris diction for examination and trial, and if found guilty, shall be punished as for larceny. In prosecutions for a violation of the provisions of this section, it shall not be necessary, in order to warrant a conviction, for the people to prove that the offense was committed knowingly, or wilfully, or to show an intent, purpose or motive on the part of the accused; but if it shall be shown that the accused had in his possession, or under his control or supervision, any animal so being wrongfully led or driven from its usual range, as aforesaid, or that the accused assisted in so lead ing or driving away any such animal without having the right of possession thereof, as aforesaid, such showing shall be sufficient to warrant a conviction, unless the accused 15 shall by testimony in his behalf explain the case made against him in such manner as to show good faith and an innocent purpose on his part. SEC. 2. Any dog found running, worrying or injuring Liability for sheep or cattle, may be killed, and the owner or harborerby'dog 6 * of such dog, shall be liable for all damages done by it. 4 Section three reads as follows: [See Laws 1881, page 236, section 2.3.] SEC. 3. Any person or persons owning or keeping any ^^ * r uged flock or herd of sheep, any portion of which flock or herd %S?2f flock may be diseased with the scab, or with any other contagious dlseased shr - ep - disease to which sheep are subject, shall be liable in the full amount of damage that may be occasioned to other sheep owner or holder by reason of such diseased flock or herd of sheep, or any part thereof, being moved or allowed to stray from its own range while in such diseased con dition. SEC. 4. Animals such as are usually branded, may be branded on either side with the owner's brand. All brands shall be recorded in the county where the owners reside. XT -i r 1-11 *i Marks and No evidence of ownership by brands shall be permitted in brands not evi- /-, , i i 11 i dence unless any court in this State, unless the brands shall have been recorded; man ner of marking recorded as 'provided in this act. Each drove of cattle or rbrandin s , droves of cattle sheep which may be driven into or through any county ofP'^^P^ this State, shall be plainly branded or marked with one uni-f y ount y f this Mate; pen- form brand or mark. The cattle shall be so branded with ^ompfyw^h the distinguishing ranch or road brand of the owner as to t^TsTcu show distinctly in such place or places as the owner may adopt. Sheep shall be marked distinctly with such mark or devise as may be sufficient to distinguish the same read ily should they become intermixed with other flocks of sheep owned in the State ; any such owner or owners, or person in charge of such drove, which may be driven into or through the State, who shall fail to comply with the provisions of this act, shall be fined not less than fifty (50) nor more than three hundred (300) dollars, at the dis cretion of the court. 16 Making and SEC. 5' Any P erson desiring to use any brand, shall fi e fica r ?eofbra c n e d" malce and sl S n a certificate, setting forth a fac simile and description of the brand which he desires to use, and shall file the same for record in the office of the county clerk of the county wherein he resides, wh'ch clerk shall record the same in a book kept by him for that purpose, and from and after the filing of such certificate, the person filing the same shall have the exclusive right to use such brand within such county for the purpose aforesaid. And any Record of sir P erson or P ersons so desiring may, in the manner and with iiar marks or jjk e effect, as herein provided, record his brand or mark in brands ; penalty any county in this State, into which his stock are liable to stray. Provided, that such mark or brand has not been heretofore recorded in such county by some other person, and if .the clerk and recorder of any county shall for any persons record any mark or brand, there being at the time of such recording a similar living mark or brand upon the records of his county, such clerk and recorder shall be liable to pay a fine of not less than twenty (20) nor more than one hundred ( 100) dollars ; and provided further, when two or more similar marks or brands have been heretofore recorded in any county, the oldest record shall entitle the owner to the exclusive use thereof in such county. Punishment for SEC. 6. If any person shall brand or mark, or cause de- to De branded or marked, with his, her, or their brand, or any other not the recorded brand of the owner, any animal mafTh^p^op-" 1 being the property of another, or shall efface, deface or *' obliterate any brand or mark upon any animal, any such person so offending shall be deemed guilty of larceny, and on conviction thereof, shall be confined in the penitentiary not less than one year, nor more than five, as the Court may direct, and shall also be liable to the owner thereof for three times the value of the animal so branded or marked, or upon which the brand or mark shall have been so effaced, defaced or obliterated, and in no case shall the payment of the forfeiture herein mentioned, entitle the per son so branding, effacing, defacing or obliterating a brand 17 to the property in the animal so branded, or upon which the brand was effaced, defaced or obliterated, but such ani- mall shall be surrendered to the proper owner. Section seven reads as follows : [See Laws 1879, page 189, section 3.] SEC. 7. All neat stock found running at large in this State without a mother, and upon which there is n either an k d S Lie. und " P ear mark nor brand, shall be deemed a mavorick, and may be taken in charge by the captain or foreman of a, legal round-up, and sold at such time and places (place) and in such manner as shall be determined by the Executive Com mittee of the District Association of Cattle Growers of the district wherein such mavorick shall be taken up. The proceeds arising from such sales shall be paid unto the Pl Treasurer of such District Association, and if any stock so sold shall, within the period of six months immediately fol lowing such sale, be claimed, identified and proven by the rightful owner, it shall be the duty of such Treasurer to forthwith pay the money received for such mavorick to such owner; but in the event that such mavorick shall not H^o W ^er may be thus identified and its ownership proven during said six months, then it shall be the duty of such Treasurer to carry the amount received therefor to the credit of the general fund of such association. The captain or foreman of a legal round-up who shall sell any stock under the pro- Sale for cash, visions of this section, shall only sell the same for cash, and shall, within ten days after such sale, pay the proceeds thereof into such Treasurer. The person purchasing a mavorick at sucrr^sale, shall receive from such captain or BUI of sale, foreman a bill of sale therefor, in his capacity of captain or foreman, describing the animal thus sold and showing the price paid therefor, which bill of sale shall convey unto such purchaser the title to such mavorick. Approved February 12, 1879. SEC. 8. Any captain or foreman of round-up wh o Penalty for vio- J * lations of fore- shall refuse or neglect to deliver to the County Treasurer | oi "f all moneys received from the sale of " mavoricks " or run iS unbranded stock sold by him, or who shall give a false or incorrect bill of sale of any stock sold, or shall refuse to give a bill of sale of any stock sold by him, shall be guilty of a misdemeanor, and on conviction thereof shall be fined or imprisoned, or both, at the discretion of the Court. SEC. o. Any person who shall mark or brand, or cause Unlawful brand- J r ing of mavericks to be marked or branded, or in any way convert to his or deemed larceny; J how punished. h er use, or allow the same to be done by his employe or agent in his behalf any animal known as a " mavorick," or any other animal not lawfully in possession of such person, except as otherwise provided in this act, shall be deemed guilty of larceny, and on conviction thereof shall be imprisoned not less than one month or more than one year, as the Court may determine. Earmarks- ^ EC< Ia Any stoc ^ grower of this State .may adopt effect of in evi- anc | use an ear mark, and such ear mark shall betaken dence; same cord"dVc?more * n evidence in connection with the owner's recorded brand, than one person. j n a jj su ft s a t i aw or m equity in which the title to stock is involved. Such ear marks shall be made by cutting and shaping the ear or ears of the animal so marked, but in no case shall the person so marking an animal cut off more than one-half of the ear so marked ; neither shall any one mark by cutting an ear on both sides to a point. No County Clerk or Recorder shall record the same ear mark to more than one person. SEC. II. In all suits at law or in equity, or in any Recorded brand ^ J ' owner S C hip f in all criminal proceedings, when the title to any stock is proof : to h br m ade involved, the brand on an animal shall be prima facie evi dence of the ownership of the person whose brand it may be ; provided, that such brand has been duly recorded as provided by law. Proof of the right of any person to use such brand, shall be made by a copy of the record of the same, certified to by the County Clerk of that county, or any county in which the same is recorded, under the hand and seal of office of such Clerk. SEC. 12. When the stock of any resident shall inter mix with any drove of animals, it shall be the duty of any 19 drovers or persons in charge, to cut out and separate such Duties of drov- ... . . . c , ers in case stock stock from said drove immediately, except in case 01 sheep of residents m- r termix with and horses, when they shall be driven to the nearest suita- their herds or droves ; penalty ble corral to be separated. Any person, either owner or for failure or drover, or otherwise connected with the management of such drove, who shall neglect to comply with the provis ions of this section, shall be fined in any sum not exceeding five hundred dollars ($500.00) for every offense, and shall be liable to indictment for larceny. SEC. 13. When the stock of any person in Colorado SimTfng^ sto ...... rr . . . , , deemed larceny; shall be driven oft its range without the owners consent, hew punished. by the drover of any herd or drove, every person engaged as drover of such stock, or otherwise engaged in the care and management thereof, shall be liable to indictment and punishment as for larceny, and shall be liable for damages in the amount of two hundred dollars ($200.00) for each head so driven off, together with all costs accruing in the trial of said cause, and said herd of stock or a sufficient number to cover all damages and costs shall be held liable for the same. SEC. 14. Any person owning or having charge of any J^*^ h w " er drove of cattle, horses or sheep, who shall drive the same '"& charge of drove passing into or through any county of Colorado, of which tbegJHg'T*. owner is not a resident or land owner, and where the land in such county is occupied and improved by settlers and Sl ranchers, it shall be the duty of such owner or person inoi'ianSsof" 8 charge of such cattle, horses or sheep, to prevent the same se1 from mixing with the cattle, horses or sheep, belonging to the actual settlers, and also to prevent said drove of cattle, horses or sheep, from trespassing on such land as may be the property or be in the possession of the actual settler and used by him for the grazing of animals or the growing of hay qr other crops, or from doing injury to ditches. If any owner or person in charge of any said drove of stock shall wilfully injure any resident of the State by driving such drove of stock from the public high way, and herding the same on lands occupied and improved 20 by settlers in possession of the same, it shall constitute a misdemeanor, and shall be punished by a fine of not less than twenty-five or more than one hundred dollars, at the discretion of the Court, and render the owner or person in charge of the drove so trespassing liable for the damages done tb such settler. pa e s n s al of his re or SEC. J 5- ^ ho g or swme snal l be permitted to run Krg e e runnmg at at large, and the owner of any hog or swine trespassing on the property of any person shall be liable in treble the damages occasioned by such trespass, and a fine of not less than five nor more than ten ($10.00) for each offense. skinning of car- SEC. 17. Any personor persons who may skin or cass of sheep or cattle without remove from the carcass any part of the skin, hide or pelt consent of own- 'uiusheTas fo? ^ ao ^ nea ^ cattle or sheep found dead, without permission ceny - from the owner, shall be deemed guilty of larceny, and on conviction thereof shall be punished in the manner provided by law for the punishment of larceny ; provided, nothing herein shall be deemed to prevent the skinning of animals killed by railroad companies by the employes of any rail road company by which such stock may have been killed. bms e ofsaie W shan ^EC. l ^- No person or persons, whether as principal cei5!d e foi n stock or a g ent > shall hereafter sell or otherwise dispose of any wife disposed of neat stock, nor shall any person, whether as principal or agent, buy, purchase or otherwile receive any such stock, unless the person or persons so selling or disposing of any such stock shall give, and the person or persons buying^ purchasing or otherwise receiving any such stock shall take a bill of sale in writing, of the stock so sold, or disposed of, or so bought, purchased or otherwise received, as the case may be, in any of the following cases, viz : First When such stock or any part thereof, is to be shipped from the State, or slaughtered by the purchaser, or when the said stock or any part thereof is to be, by any such purchaser, sold to any other person or persons for shipment or slaughtering, or is to be by any such other person or persons offered for sale for shipment or slaugh tering." 21 Second When any such stock is to be driven, led, taken or shipped to any market, range or other place more than ten miles distant from the place of delivery thereof, upon any such sale or purchase, or when any such stock is to be led, driven, taken or shipped to any market, range or other place more than ten miles distant from the place where such stock may be herded, or kept, or permitted to range at the time of the sale or purchase thereof, or to any market, range or other place more than ten miles distant from the place where such stock may have been herded, kept, or permitted to range, for any portion of the three months next preceding such sale or purchase." T/tird When any such stock so sold or purchased, is at the time of such sale or purchase, or for any part of the sixty days next prior thereto, has been running at large upon an unenclosed range; but this provision shall not apply to sales of stock where the persons who sell are sell ing stock of which they have had actual and personal con trol and supervision, daily, for the said period of sixty days next prior to the sale thereof, and are rightfully entitled either as principal or agent to sell and dispose of the same. SEC. 19. Any person who shall violate or fail to com- Penalty for vio . ply with any of the provisions of the last foregoing section !ng s n ec t f io p n r t eced " shall be deemed guilty of a misdemeanor, and upon con viction shall be fined in a sum of not less than twenty-five dollars nor more than five hundred dollars, or imprisoned in the county jail not less than thirty days, nor exceeding six months, or may be punished by both fine and imprison ment, in the discretion of the court. SEC. 20. It shall be the duty of any person who may J J r J Penalty for fail- have purchased or received, or have in his possession any SJ* 1 ' n such stock, either for himself or for another, to exhibit, on reasonable re- reasonable request to any person inquiring therefor, the bill of sale of such stock if in his power so to do, and if not in his power so to do, to state and give the reason therefor, and any person violating or failing to comply with the pro visions of this section, shall be deemed guilty and liable to punishment as provided in the next preceding section. Liberal con struction of 22 SEC. 21. The provisions of the last three sections shall be liberally construed in favor of the people, and, in order to convict of any offense made punishable in any of the said sections, it shall not be necessary for the prosecu tion to prove knowledge, intent, purpose or motive on the Spart of the accused, but such knowledge, intent, purpose fo convktion!^ and motive may be presumed where the wrongful act of the accused has been shown, and shall justify a conviction, unless the testimony in the case shall satisfactorily show the good faith and innocent purpose of the accused. SEC. 22. Any person who shall steal, embezzle or knowingly kill, sell, drive, lead or ride away, or in any manner deprive the owner of the immediate possession of Punishment for ai1 ^ neat cat ^ e > horse, mule, sheep, goat, swine or ass, or dHvhlg 1 or'iead- anv person who shall steal, embezzle or knowingly kill, ell, drive, lead or ride away, or in any manner apply to his a s ^, n g er ' own use any neat cattle, horse, mule, goat, sheep, ass or from any one not ,1 r i i i t having lawful swine, the owner of which is unknown, or any person who of such stock, shall knowingly purchase .from any one not having the law ful right to sell and dispose of the same, any neat cattle, horse, mule, sheep, swine or ass, shall be deemed guilty of a felony, and on conviction thereof in any court of com petent jurisdiction, shall be punished by imprisonment not exceeding six years, or by fine not exceeding five thousand (5,000) dollars, at the discretion of the court. SEC. 23. All cases which are by this act declared to be larceny, and in all cases of felonious taking, stealing, riding, driving, leading and carrying away of any animal What violation of this act con- or animals herein referred to, the same shall be deemed, strued to be grand larceny. anc j taken to be, and the courts of this State shall construe the same to be grand larceny, subjecting the offender or offenders to be condemned to the penitentiary for a term of not less than one year nor more than ten years, except as otherwise provided for in this act, notwithstanding the value of such animal or animals may be less than twenty dollars. 23 SEC. 24. Any person or persons who may sell or offer for sale or trade, any neat stock upon which such persons selling or trad- have not their recorded mark or brand, or for which the rr . . . i MI r i r bi11 of sale or person so offering has written bill ot sale nor power 01 power of attor- . ney deemed lar- attorney from the owner of such stock, authorizing such ce ny , unless sale, every person so offering shall be deemed guilty larcenv, unless such person upon trial shall establish and proof of criminal intent not neccs- prove that he was at the time the actual owner of the stock sar y to convic- r tion. so sold or traded, or offered for sale or trade, or that he acted by the direction of one shown and proved to be the actual owner t of such stock ; and in prosecutions for a vio lation 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 stock sold or traded, or offered for sale or trade, was so sold, traded or offered in violation hereof, but the fact of such selling, trading or offering for sale or trade contrary to the provisions hereof, 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. CHAPTER XL BUTCHERS. SECTION I. Every person, before he shall set up and carry on the trade or business of a butcher or slaughterer bond'condufon 6 - of horned cattle in this State, shall file a bond, app roved ord S c k aui P e pur" by the County Commissioners, with the Clerk of the county slaughtered, . 1 , . , with descrip- m which he desires to carry on the business, in a sum not tion, date of and , r , . from whom pur- less than one thousand dollars nor more than five thousand chased, and to dollars, running to the people of the State of Colorado, horns for inspec- conditioncd that he shall keep a true and faithful record, in a book kept for the purpose, of all cattle purchased or slaughtered by him, with a description of the animal, including marks, brands, age, weight and from whom pur chased, and the date thereof, and to keep the hide and horns of such animal free to the inspection of all persons, for the period of thirty days after it is slaughtered. 24 " SEC. 2. Every person who shaft be found carrying on ^ ie business of butcher or slaughterer in this State, with out having filed the bond provided in the first section- of this act, shall be deemed guilty of a misdemeanor, and be fined in a sum not less than fifty nor more than one hun dred dollars for every day he shall carry on such business, to be recovered before any Justice of the Peace of the proper county, or by indictment in the District Court. Penalty for fail. SEC. 3. Eveiy person who shall carry on the busi- or5 and p r?s"ve ness of butcher or slaughterer of horned cattle, and shall hide and horns. _ ., _ tr-iri 1 fail to keep a true and laithiul record in a book kept for the purpose, of all cattle purchased or slaughtered by him, together with a description of each animal, including marks, brands, age, weight, and from whom purchased, and the date thereof, or fail to keep the hide -and horns of such animal or animals for thirty days after such animal is slaughtered, shall be deemed guilty of'a misdemeanor, and for each offense, fined in a sum not less than ten nor more than one hundred dollars, to be recovered as provided in the second section of this act. SEC. 4. The record provided for in this act, shall be open to the inspection of all persons, and also the hide and horns for the period of thirty days, and any butcher or slaughterer refusing to permit such inspection or examina tion, shall be subject to a fine of not less than ten nor more than twenty-five dollars for each offense, to be recovered as provided in section two of this act. SEC. 5. All fines and penalties so recovered under this act shall be paid into the county treasury of the proper county, and the offender and his sureties shall be liable on the bond provided for in the first section of this act, for all fines, penalties and costs adjudged against him under the provisions of this act. Said bond may be sued on, in the name of the people, in any court of competent jurisdiction. SEC. 6. Appeals shall be allowed in cases arising under this act, as in other cases. 25 CHAPTER XXIV., R. S. SECTION 62. Every person who shall mark or brand, alter or deface the mark or brand of any horse, mare, colt^jjf brand of jack, jennet, mule, or any one or more head of neat cattle, or sheep, goat, hog, shoat or pig, not his or her own prop erty, but belonging to some other person, with the intent thereby to steal the same, or to prevent identification thereof by the true owner, shall on conviction thereof be punished by confinement in the penitentiary for a term not less than one year nor more than five years ; provided, that no person shall be condemned to the penitentiary under this section unless the value of the property affected shall amount to twenty dollars. And in case the value of the property affected by the offenses herein prescribed, or by larceny, or by buying or receiving goods, or other property obtained by larceny, burglary or robbery, shall not amount to five dollars, then the offender shall be punished by imprison ment in the county jail for a term not exceeding six months, or fined not exceeding one hundred dollars. Section seventy-one of Chapter XIV., R. S., is repealed and the following stands in lieu thereof: [Laws 1 88 1, page 71, section 5.] SEC. 71. If any person shall, wilfully and maliciously, Penalty for ma- y l ; licious killing or kill, cripple or injure any horse, mare, gelding, or any bull, injury of stock. J J J or malicious in- cow, steer, heifer, or calf, or any mule, or sheep, by poison- terference with ing or other means; or shall maliciously run down or drive from its usual range any animal above mentioned; or shall maliciously scatter or drive from their usual range any flock or herd of sheep, or any herd or brand of neat cattle, horses or mules, or any of the animals above mentioned; or shall maliciously destroy or injure any camp, shanty, cabin or house occupied by any herder or shepherd, or his assistants; or maliciously injure any horse or other animals in the possession of such herder or shepherd; or malici ously interfere with any such herder, shepherd or assist ants, with intent and for the purpose of hindering or pre- 26 venting such herder, shepherd or his assistants from herd ing or keeping any flock of sheep, or herd of cattle, or other animals in the vicinity where such acts, or any of them, may be committed, or in, or on any range or portion of this State not occupied by actual settlers; or with intent to break up, hinder, prevent, disturb or molest the business of herding or keeping any such flock or kind of flock, or herd or kind of herd, or raising, or producing, or propagating the same in any portion of this State. Every such person so offending shall be deemed guilty of a misdemeanor, and on conviction thereof shall be punished by a fine of not exceeding four times the amount of the injury proven, or by imprisonment in the penitentiary not exceeding two years, or both, as the judge sitting at the trial may deter mine; and the said judge shall fix the amount of fine and the duration of such imprisonment in all cases. NOTE. The provisions of section I, page 62, Session Laws of 1876, was in force until the session of 1881, when it was re-enacted. AN ACT TO AMEND AN ACT ENTITLED AN ACT FOR THE PROTECTION OF GROWING CROPS. APPROVED FEBRU ARY 8, A. D. 1870. [Laws 1 88 1, page 129, section I.] Counties where SECTION i. That the Justices of the Peace of the stock shall be . r^-nrrr IT A 1 herded from counties of Costilla, Huerfano and Las Animas, in their May to October. respective precincts, are authorized, and it is hereby made their duty, to notify and require the inhabitants of their respective precincts, by public notice posted in not less than three public places in their respective precincts, on or before the first day of May in each year, to keep in the care of herders, all horses, mules, asses, neat cattle, hogs, sheep and goats, from the tenth day of May until the twentieth day of October. Proceedings in SEC. 2. If any such stock as prescribed in the pre- case of damage. ...... ceding section shall be found injuring the crops of any person or persons of the above-named counties, the party 27 injured may take in custody such animals, and make com plaint before the Justice of the Peace of the precinct in which such damage shall have been committed ; where upon such Justice shall proceed forthwith to appoint three disinterested appraisers, who shall appraise the damages caused, and report their decision to the Justice ; and the party or parties whose stock shall have been found injur ing any crops, as aforesaid, shall be held responsible for any and all damage so committed, to be collected in the same manner as in other cases, together with all costs of proceedings ; and the animal or animals so found injuring any. crops may be taken and held as a security for the pay ment of such damages and costs. SEC. 3. The appraisers appointed under the provis-f eof apprsus " ions of the foregoing section shall be allowed the sum of twenty-five cents each, to be paid by the party whose ani mals shall have been found damaging. SEC. 4. That all acts and parts of acts incontistent with this act, be, and the same is hereby repealed. . SEC. 5. This act shall take effect and be in force from and after its passage. Approved February 12, 1881. To amend an act to provide for the branding, herding and care of stock, and to repeal certain acts in. relation thereto. [See Laws of 1879, P a S e 1 7&> section 19.] SECTION 19. The foreman of round-ups shall each receive three dollars per day for each day of actual service, vens?on'of m ' and the Auditor shall draw his warrant therefor upon the presentation of a certificate signed by two or more of the proper Round-up Commissioners, and setting forth the number of days of service, the number of the district in which the labor was performed, and that such labor was performed at the spring round-up; and the Treasurer shall pay the same out of the round-up and inspection fund herein provided for; provided, that the aggregate wages of foreman in any one district shall in no case exceed one hundred and fifty dollars in any one year. District No. i. District No. 2. Dittrict No. 3. Diitrict No. 4. AN ACT TO AMEND AN ACT ENTITLED AN ACT TO PRO VIDE FOR THE BRANDING, HERDING AND CARE OF STOCK, AND TO REPEAL CERTAIN ACTS IN RELATION THERETO. [Laws 1 88 1, page 232, section i.] SECTION i. The districts herein constituted shall be called round-up districts, and their several limits shall be as follows : SEC. 2. District number one : Commencing at a point where the State line crosses the Arkansas river, thence up said stream to the mouth of the Purgatoire, thence up the latter stream to Smith's Canon, thence up said canon to its head, thence down Carrijo creek to the State line, thence east to the southeast corner of the State, thence north to the place of beginning. SEC. 3. District number two : Commencing at the mouth of the Purgatoire, thence up the Arkansas to the mouth of the St. Charles, thence up the latter stream to the east line of Custer county, thence south to the north line of Huerfano county, thence westerly on sakl line to the west boundary of the county, thence on said boundary to the north boundary of Las Animas county, thence on the lat ter boundary to the Purgatoire, thence down said stream to the place of beginning. SEC. 4. District number three : Commencing at the mouth of [the] St. Charles, thence up the Arkansas to Grape creek, thence along the eastern slope of the Wet Moun tains to the St. Charles, thence down said stream to the place of beginning. SEC. 5. District number four: Commencing at the southeast corner of Custer county, thence along the south ern and western boundary of said county to the boundary of Fremont county, thence along the west boundary of the latter county to the Arkansas river, thence down the Arkan sas to Grape creek, then along the line of district number three to the place of beginning. 2 9 SEC. 6. District number five shall be limited by that Distr i t NO. 5 . part of Las Animas county lying west of the point where Carrijo creek crosses the southern boundary of the State. SEC. / District number six: Commencing where District NO .6 the east line of Pueblo county crosses the Arkansas, thence up said river to Canon City, thence northerly along the base of the mountains to the north line of El Paso county, thence east on said line to the northeast corner of the county, thence south to place of beginning. SEC. 8. District number seven : Commencing at the District No - 7. northeast corner of El Paso county, thence south to the Arkansas, thence down said river to the east line of the State, thence north to the dividing ridge between the Republican and the Big Sandy, thence westerly along said ridge to Cedar Point, thence to River Bend, thence up Sandy to place of beginning. SEC. 9. District number eight: Commencing at District NO. . River Bend, thence westerly on the line of the Kansas Division of the Union Pacific Railway to the Platte, thence up said stream to the mountains, thence southerly -along the base of the mountains to the north line of El Paso county, thence east along said boundary to the head of the Sandy, thence down the Sandy to the place of begin ning. SEC. 10. District number nine: Commencing on District NO. 9 . the Platte, at the mouth of Sand creek, thence down the former stream to the mouth of the Bijou, thence up the Bijou to Deer Trail, thence westerly along the line of the Kansas Division of the Union Pacific Railway to Sand creek, thence down said creek to place of beginning. SEC. ii. District number ten: Commencing at the District NO 10. mouth of Bijou, thence up said creek to Deer Trail, thence on a direct line to Agate station, thence to Cedar Point, thence along the dividing ridge between the Republican and Big Sandy to the east line of the State, thence north on said line to the Platte, thence up said stream to the place of beginning. 30 District NO, ix. SEC. 12. District number eleven : Commencing at the mouth of Lodge Pole creek on the Platte, thence up the latter to the mouth of the Cache-la-Poudre, thence up the Cache-la-Poudre to the north line of the State, thence east on said line to the place of beginning. District NO. 12. SEC. 13. District number twelve: Commencing at the mouth of the Cache-la-Poudre, thence up the Platte to Brighten, thence along the line of the Boulder Valley Rail way to Boulder City, thence along the base of the moun tains to the Cache-la-Poudre, thence down said stream to the place of beginning. District NO i 3 . SEC. 14. District number thirteen : Commencing at Canon City, thence along the easterly base of the moun tains to the first correction line south, thence west on said line to the west line of Park county, thence on said line to the line of Fremont county, thence on the west line of said county to a point where it intersects with the Arkan sas river, thence down said river to the place of beginning. District NO. i 4 . SEC. 15. District number fourteen shall be limited by the limits of Lake county. District NO 15. SEC. 1 6. District number fifteen shall comprise that part of the San Luis Valley lying north of the Rio Grande and the Denver & Rio Grande Railway. District NO. 16 SEC. 1 7- District number sixteen shall be bounded as follows : Commencing at Del Norte, thence down the Rio Grande to Alamosa, thence along the Denver & Rio Grande Railway to the east line of Costilla county, thence south on said line to the State line, thence west on said State line to the west line of Conejos county, thence north on said line to the north line of the county, thence to Del District NO. 17. Norte on a direct line. District number seventeen shall be limited by the limits of La Plata county. Round-up com- SEC. 1 8. The Governor shall appoint three Commis- pointment/qua*i~ sioners for each district, on or before the first day of March :rs of each year, to be known as Round-up Commissioners, and who shall be actual owners of cattle running upon the range within the district for which they are appointed. 31 Said Commissioners, or a majority of them, shall have power and may, on or before the first day of April of each year, arrange the programme for the annual spring round ups, fix the time of their commencement, appoint a fore man, and remove the same for incompetency, neglect of duty, or other cause which by them shall be deemed suffi cient. SEC. 19. The Governor shall appoint, on or before inspection com- ' 11.' missioners ; ap- the first day of May of each year, five Commissioners, pomtment, quai- J J mcation, oath, from different sections of the State, to be known as the quorum - Board of Inspection Commissioners. No person who is not the actual owner of cattle upon the public range shall be eligible to serve on said board. Said Commissioners shall each take and subscribe to an oath conditioned upon the faithful performance of his duties as Commissioner, which oath shall be filed in the- office of the Secretary of State. A majority of the board shall constitute a quorum to do business. SEC. 20. It shall be the duty of said board to employ 5 competent Cattle Inspectors, not exceeding eight in num ber, at any one time, and to distribute them at such points, either within or without the boundaries of the State, as will in their judgment, most effectually prevent the illegal slaughtering or shipping of cattle. They shall also fur nish each Inspector with a list of all brands sent to them for that purpose and owned by residents of this State. All Inspectors while thus employed shall be subject to such reasonable rules and requirements as the board may pre scribe, and shall be subject to dismissal by the board at any time. Said Inspectors shall each receive not to exceed the sum of one hundred dollars per month during their time of actual service, and the Auditor shall draw his war rant therefor, upon bills approved by the Board of Inspec tion Commissioners, and the Treasurer shall pay the same out of the inspection fund. SEC. 21. There shall be levied and assessed upon the Levy assessed value of all taxable property in the State, in each 32 year, one-fifteenth of one mill on each and every dollar thereof, to be known as the inspector's tax, said tax to be assessed and collected in the same manner and at the same time as is now, or may be prescribed by law for the assess ment and collection of State revenue. keep ea s s "p- S]EC - 22 - Tt shal1 be the dut y of the County Treasu- rers of the several counties to preserve the fund thus pro vided for as a separate fund, and to transmit the same monthly to the State Treasurer, who shall keep the same in a fund to be known as the inspection fund. SEC. 24. Section two thousand five hundred and ninety-two [2592] of the General Laws, and any other acts or parts of acts inconsistent herewith, are hereby repealed. Approved February 8, 1881. AN ACT TO SECURE TO RANCHMEN, TAVERN-KEEPERS AND OTHER PERSONS. [Liens on Personal Property.] Be it enacted by the General Assembly of the State of Col orado : SECTION i. That any ranchman, farmer, agistor or Lien given for t r . ' i-*iii care of stock,and herder oi cattle, tavern-keeper or livery-stable keeper, to retention of 111111 stock authorized whom any horses, muies, asses, cattle or sheep, shall be intrusted, for the purpose of feeding, herding, pasturing or herding, shall have a lien upon such horse, mules, asses, cattle or sheep, for the amount that may be due for such feeding, herding, pasturing or ranching, and shall be Liengiven to ho- . . . tei and boarding authorized to retain possession ot such horses, mules, asses, house keepers on baggage, and its cattle or sheep, until the said amount be paid ; and every retention an- thorized. hotel, tavern, boarding-house keeper and every person who rents furnished rooms, shall have a lien upon the bag gage of his or her patrons, boarders and guests, for such boarding, lodging or rent, or either, for the amount that may be due from such patrons, boarders, guests, tenants, for boarding, lodging or rent or either, and they are hereby 33 authorized to hold and retain possession of such baggage until the amount, so due for boarding, lodging or rent, or either is paid ; provided, that the provisions of this section shall not apply to stolen stock. SEC. 2. Every common carrier of goods or passen gers who shall, at the request of the owner of any personal , Lien given to goods, carry, convey or transport the same from one place common carriers and warehouse - to another ; and any warehousemen or other person, who men - shall safely keep or store any personal property, at the request of the owner, or person lawfully in possession thereof, shall, in like manner, have a lien upon all such personal property, for his reasonable charges for the trans portation, storage or keeping thereof, and for all reasonable and proper advances made thereon by him, in accordance with the usage and cus*tom of common carriers and ware housemen. SEC. 3. Any mechanic or other person who shall Lien given to make, alter, repair or bestow labor upon any article of per- i^borerT" ' sonal property, for the improvement thereof, at the request of the owner of such personal property or of the materials from which the same is made, shall, in like manner, have a lien upon such articles of personal property for hii rea sonable charges for the labor performed and materials fur nished and used in such making, alteration, repair or improvement. SEC. 4. If any such charges for which a lien is given by the three preceding sections, be not paid within thirty P o7rt"ppra?s P ers. days after the same become due and payable, the mechanic, inn keeper, agistor, or other person to whom such lien is given as aforesaid, may apply to any Justice of the Peace of the county wherein he resides, to appoint appraisers to appraise the several articles of personal property whereon such lien is claimed. Such Justice shall thereupon appoint, by warrant under his hand and seal, three reputable house holders of the county, not interested in the matter, to appraise such personal property. 34 Oath of apprais- S EC< ij. . The appraisers so appointed, shall be sworn by the Justice, to well and faithfully appraise and value all such personal property, and shall thereupon proceed to view and appraise the same, and shall return their appraise ment, wherein shall be set down each article separately, to the Justice by whom they were appointed, within ten days after their appointment. Notice *f sale, S EC After such appraisement is made, the person to whom such lien is given by the foregoing sections, may, after giving ten day's prior notice of the time, place and terms of such sale, with a description of the property to be sold, by publication in some newspaper published in the Relating to sales county wherein he resides, [or if there be no such news paper, then by posting in three public places within such county], and delivering to the owner of such personal property, or if he do not reside in the county, transmitting by mail to him at his usual place of abode, if known, a copy of such notice, proceed to sell all such personal property, or so much thereof as may be necessary, at pub lic auction, for cash in hand, at any public place within such county, between the hours of ten A. M. and four p. M. of the day appointed, and from the proceeds thereof, may pay the reasonable costs of such appraisement, notice and sale, aud his reasonable charges for which he has his lien, together with the reasonable cost of keeping such property up to the time of sale, the residue of the proceeds and of the property unsold, he shall render to the owner. SEC. 7. No such sale shall be made for less than two- thirds of the appraised value of the article sold, nor except upon due notice, as required by the preceding section ; every such sale made in violation of the provisions of this section shall be absolutely void. SEC. 8. At such sale, the person to whom such lien is given, may become the purchaser. Relating to sales SEC. 9. In any case where the property to be sold cannot conveniently be sold in one day, the sale may be continued from day to day, by public outcry at the place 35 of sale. Upon the completion of such sale, the person to whom the lien is given hereby, shall cause a sale bill thereof to be filed with the Justice of the Peace, before whom such appraisement was had, in which shall be set down the sum for which each separate article of property was sold, and the name of the purchaser. The Justice shall record such sale bill in his docket, and preserve the original thereof, together with the appraisement. SEC. 10. Nothing herein shall be so construed as to take away the right of action of the party to whom such lien is given, for his charges, or for any residue thereof, after sale of such property. SEC. ii. At such sale, the person to whom such lien is given, as herein provided, may appoint a clerk and crier. SEC. 12. Appraisers appointed under the provisions Compensatioa of this act, shall receive one dollar per day ; Justices of jLffimices? the Peace shall receive for each warrant of appraisement, fifty cents ; for receiving and recording each appraisement, twenty cents for one hundred words, and the like fees for recording each sale bill ; clerks and criers at sales made under the provisions hereof, shall receive each one dollar per day. SEC. 13. Nothing in this act contained, shall be so Savins uu*e. construed as to affect any lien which may exist at the time this act shall take effect, or to take away the right or remedy to enforce the same, or to affect any right or rem edy which may exist under and by virtue of any law which may be held to be repealed by this act, but as to all such liens or rights, the same shall remain in full force, and may be enforced in the same manner and to the same effect, as if this act had not been passed. SEC. 14. Inasmuch as grave doubts exist as to Emergency whether any lien is now given upon personal property, an emergency exists, therefore, this act shall take effect from and after its passage. Approved February 12, 1883. iy S stock care e o e f p herder" Emergency mai? a wh b e n and how recovered 36 AN ACT TO AMEND SECTION ONE [i] OF AN ACT FOR THE PROTECTION OF GROWING CROPS. APPROVED FEBRUARY 12, 1881. SECTION I. Section one of said act is hereby amended * s to read as follows i That the Justices of the Peace of the counties of Huerfano, Costilla, Conejos and Las Ani- t mas, in their respective precincts, are authorized and it is hereby made their duty to notify and require the inhabi tants of their respective precincts, by public notice posted in not less than three public places in their respective pre cincts, on or before the twentieth day of April in each year, to keep in care of herders, all horses, mules, asses, neat cattle, hogs, sheep and goats, from the first day of May until the last day of October in each year. SEC. 2. It appearing to the General Assembly that on account of the near approach of the season for planting, an emergency exists, requiring the immediate taking effect of this act. It is therefore enacted that this act shall take effect and be in force from and after its passage. Approved February 12, 1883. Act approved February 12, 1881. [See Laws of 1881, page 251.] SEC. 4' ^ n case ^ an > r damage done to planted trees ky d omes tic animals, the owner of said trees may recover full damage from the owner of said animals, as provided in the last preceding section of this act ; provided, said trees are planted inside of a lawful fence, or boxed to a height of not less than five feet. [See Laws of 1879, page 190.] AN ACT TO PROVIDE FOR THE HERDING OF RAMS. SECTION i. It shall be the duty of any owner, or agent of any owners of thoroughbred ram or rams of any description to herd them, or keep them enclosed. Any 37 owner or agent who refuses to comply with the provisions of this act, shall be fined not less than twenty-five dollars nor more than one hundred dollars. SEC. 2. Any fines arising from a violation of section one of this act, shall be paid into the school fund of the county in which such violation occurs. Approved February 6, 1879. [See Laws of 1879, page iqo.] AN ACT ENTITLED STALLIONS, JACKS, BULLS, RAMS AND BOARS. SECTION i. That the keepers of stallions, jacks, bulls, rams and boars, in this State, shall have liens upon the get of such for the space of one year from the birth of same, for the payment of service of such stallion, jack, bull, ram or boar. SEC. 2. This act shall not apply to a bona fide pur chaser without notice of such lien. Approved January 31, 1879. [See Laws of 1879, page 191.] AN ACT TO PROTECT .CATTLE FROM DISEASE CALLED TEXAS FEVER. SECTION I. No person or persons shall be allowed to drive any cattle into this State from the State of Texas or Texas cattt Indian Territory within six months next preceding, at any time after the first day of May and before the first day of September of any year ; provided, that the provisions of this act shall not apply to persons driving or transporting such cattle on the usual routes of travel through the State expeditiously and without unnecessary delay. SEC. 2. Any person violating the provisions of the first section of this act shall be guilty of a misdemeanor, one - and on conviction, shall be fined in any sum not less than one thousand dollars nor more than three thousand dollars. Approved February 12, 1879. 38 To AMEND AN ACT ENTITLED "AN ACT REGULATING THE BRANDING, HERDING AND CARE OF STOCK." [Laws of 1874, page 252.] SECTION i. That any person or persons owning twenty-five [25] or more cows, shall not be allowed to let them run at large without providing and letting run at large with them, not less than one [i] bull, of good Amer ican graded stock, for each and every twenty-five [25] cows so owned and let run at large ; and every person or .persons who shall violate the provisions of this section, upon conviction in any court of this Territory, shall be fined in a sum not less than twenty-five [$25.00] nor more than two hundred dollars for each offense ; provided, that this act shall apply only to the counties of Bent, El Paso, Pueblo and Elbert. Approved February 13, 1874. R. S. CHAPTER XCIII. SHEEP. AN ACT TO PROVIDE FOR THE APPOINTMENT OF SHEEP INSPECTORS. [Session Laws, 1872.] SECTION i. The County Commissioners shall appoint a Sheep Inspector, who shall be a citizen of the county for which he is appointed, for each county containing two Appointment thousand sheep, who shall hold his office for two years, offid? rm unless sooner removed ; and any inspector may act in an adjoining county having no inspector, on request of the Commissioner thereof. SEC. 2. It shall be the duty of the Sheep Inspector, isession Laws w h enever he has knowledge or information that any sheep sec 9 i P ] a8e l84> w ^ tmn ms jurisdiction have the scab or any other malignant Duties of sheep contagious disease, to inspect said flock and report in writ- inspector. j n g ^g resu it o f fog inspection to the County Clerk of his county, to be filed by him for reference for the County Commissioners, or any party concerned ; and if so dis- 39 eased, once every two weeks thereafter to reinspect said flock and report in writing the result and treatment, if any, in the same manner, until said disease is reported cured ; provided, that in case of the removal of the flock six miles from the range of any other sheep, as hereinafter 79 , pa . z.J tit in i i [Session Laws, provided, he shall only make one inspection every three i8 79 , pag e 185, , . months. SEC. 3. And upon the arrival of any flock of sheep Report to in- x spector of arri- mto the State, the owner or agent shall immediately report val of stock in ' state; inspection them to the Inspector of the county for inspection, and thej^aseof failure Inspector shall inspect and report as provided in section two ; and in case of failure, from any cause, of owner or agent, to report for inspection, a fine of one hundred dol lars shall be imposed on said owner or agent for each offense, by any court of competent jurisdiction, which fine, when collected, shall be paid into the county treasury for the use of the Sheep Inspector's fund ; and any judgment for such fine shall be a lien upon such flock. SEC. 4. The owner or his agent of any flock reported ut a g eT1 f oTd!" by the Inspector to be so diseased shall immediately herd eased flock * them, so that they cannot range upon or within one mile of any grounds accustomed to be ranged upon by any other sheep, and shall restrain them from passing over or travel ing upon or within one mile of any public highway or road, and in case this cannot be done he shall immediately remove said sheep to a locality where they shall not be permitted to range within less than six miles of any other flock of sheep, and said sheep shall continue to be herded under the above restrictions until, upon inspection, they shall be reported free from such disease. SEC. S. The owner or his agent or employes of any Penalty for vio- J lation of this act. flock of sheep, requiring or about to be inspected, shall afford the Inspector all reasonable facilities for making his inspection ; and for every violation of any of the provis ions of this act said owner or his agent or his employes shall be fined not less than ten dollars, nor more than three hundred dollar, and every separate days offense shall 40 constitute a separate offense, and the written report of an offense, made by an Inspector under oath, shall be prima facie evidence of the commission of said offense, and any Justice of the Peace of the county in which the offense is committed shall have jurisdiction thereof, and the Inspec tor shall ex-officio report all violations of the provisions of this act of which he has knowledge. Oath and bond ^ EC ' ^* Every Inspector before entering upon the of inspector. duties of his office shall take the oath of office prescribed by law, and shall give bond to the State of Colorado in the sum of one thousand dollars, with good sureties, con ditioned that he will faithfully perform the duties of his office ; such bond shall be approved by the County Clerk, who shall endorse upon every bond he shall approve as follows: " I am acquainted with the sureties herein, and believe them to be worth the amount of the sum of the within bond, over and above their just debts and liabilities." Record of and ^ EC< 7- Such bond, with the oath endorsed thereon, suits upon bond. shall be recor d e d in the office of the Register of Deeds for the county in which the Inspector shall reside, and may be sued on by any person injured on account of the unfaith ful performance of said Inspector's duties ; provided, that no suit shall be so instituted after more than twelve months have elapsed from the time the cause of action occurred. SEC. 8. Every Inspector shall keep a fair and correct Record of officia. record of all his official acts, and, if required, give a cer- >r tified copy of any record, upon payment of the fees there for, and in case of the Inspector's death, resignation or removal, said record shall be deposited with the Register of Deeds. SEC. 9. The Inspector shall receive for his services [Seesec 3jLaws four dollars per day whilst necessarily employed ininspect- 1879, page 185.] j n g . an d for the first inspection an additional fee of one- Fees of inspec- half cent for every sheep, when the flock inspected is five hundred or less, and for inspecting larger flocks two dollars and fifty cents for the first five hundred, and one-fourth cent each for the remainder of said flock, to be paid by the 41 owner or his agent, and two cents per line of ten words for any official report or document ; provided, if any per son shall keep several separate flocks of sheep, and some flock or flocks be not infected with scab, the owner shall be required to pay only the fees for inspection of such ir.frcted flock or flocks ; [and] provided \_furthei\, that when an inspection is made, and the result shall show no disease, the Inspector shall give the owner a written statement to that effect, and shall be paid for said inspection as provided in section fifteen. The Inspector shall receive ten per cent, of all fines and penalties in cases in which he gives information of the offense, and his interest in the result . shall not affect his competency as a witness, and all fines J Deposition ot and penalties, except as herein provided, shall be paid tofi^sandpcnai- the County Treasurer as part of the s'heep inspection fund of the county. SEC. 10. The notices herein shall be served by the By whom noti ces to be served. Inspector, or the sheriff, or any constable of the county. SEC. II. That the counties of Las Animas, Huerfano, Wha ' counties excepted. Costilla and Conejos are hereby excepted from the provis ions of this act. SEC. 12. ' Whenever a Sheep Inspector shall wilfully [s s g s> Laws and falsely report any sheep subject to disease, he shall be subjected to a fine often times the amount of the fees Amount for false report by inspec- charged by him for the inspection, and if he shall wilfully tors - and falsely report any sheep inspected by him free from disease, that are thus infected, he shall be subjected to a penalty not exceeding three hundred dollars for each offense. SEC. 13. If any Sheep Inspector shall be found guilty For what causes of either of the offenses set forth in section twelve, or if on ^ complaint in writing by any three wool growers of the county, the County Commissioners, after allowing the Inspector a fair hearing, shall be of opinion that he is incompetent to discharge intelligently and efficiently the duties of his office, or that having sufficient knowledge or information he has for any cause wilfully or negligently 42 failed to make the required inspection, or that he has need lessly made inspections for the purpose of securing fees, or that his reports have been influenced by favor or prejudice, or from any cause he has failed in the proper discharge of the duties of his office, it shall be the duty of said Com missioners to declare said Inspector's office vacant and to make a new appointment. Owner to dip on SEC. 14. That every owner of sheep having scab or proviso. other malignant contagious disease shall dip or otherwise treat the same upon his own premises; provided, that when he has more than one ranch or set of ranches, and the dis eased sheep are not upon the ranch where his dipping works or other facilities for treating the disease are situated, he shall have the right to drive through intermediate ranges, but in so doing shall consult the owner's or occu pants of said range as to where he shall cross the same, and in no case shall he enter another's corral, or water at his troughs or accustomed watering place with his dis eased sheep without the written or otherwise expressed consent of the owner ; and for every violation of the pro visions herein he shall be subject to a penalty of not exceed-' ing one hundred dollars. fu h n"fih s at e shau SEC< J 5' That in each county there shall be levied ,' e h tc w anc * assessed annually a tax not exceeding in any one year, one-half of a mill upon the dollar of the assessed valuation of the sheep within the county, which shall be collected as other general taxes, and which, with the penalties herein provided, shall constitute a |sheep inspector's fund of the county, and which fund shall only be expended in the pay ment of the legal fees of the Sheep Inspector, and said fees shall only be paid by the County Treasurer after they shall have been approved and allowed by the County Commis sioners, in the same manner and form as claims against the county are approved and allowed by them ; and from said fund the Sheep Inspector shall be paid not to exceed three dollars per day for every day actually employed in making his annual round between the tenth of August and the 43 tenth of December of each year, and three dollars per day for each day actually employed in making the inspection required by section [sections] two and three, and when he reports in substance no disease ; provided, this act shall not affect or repeal section eleven of the act which this act is amendatory. AN ACT TO PROHIBIT THE HERDING OF SHEEP IN THE NEIGHBORHOOD OF CITIES AND TOWNS, AND TO REPEAL ALL ACTS IN RELATION THERETO. [R.S., page 844.] SECTION i. No person shall keep or herd sheep to the number of ten [10] or more at or within two [2] miles of any city, town or village in this State ; provided, this act shall not prevent any one from driving sheep to market or from passing through any city town or village, with such animals, or from keeping the same in any enclosure, or from herding for threshing purposes in any city, town or village; provided, further, that this act shall not apply to any person who owns a stock ranch or farm within the above described limits. SEC. 2. Whoever shall offend against the prohibi tions of this act shall pay a fine of twenty-five dollars for each day in which the offense may be continued, and such fine may be recovered by action of debt in the name of the people, before a Justice of the Peace or in the District Court of the proper county. All acts and parts of acts in conflict with this act are hereby repealed. Approved March 7, 1877. Bancroft Library INDEX APPRAISERS compensation of 35 selection of on value of stock killed 10 1 1 appraisment to be certified under oath 1 1 fees of justices for appointment of 35 pay of appraisers of stock killed by railroads 1 1 to appraise property whereon lien is claimed 33 oath of 34 duties of justices to appoint in certain cases 33 to appraise damages caused by stock running at large 27 fees of 27 ASSOCIATION COLORADO CATTLE GROWER'S officers of 3 BILLS OF SALE cases in which shall be given 20-21 BOARS owners of to have lien upon the get for service of ; 37 BRANDS recorded, evidence of .^. 18 unlawful branding of mavo ricks 1 8 punishment for branding or defacing brand of stock 25 not evidence unless recorded 15 manner of marking 15 penalty for failure to brand ' 15 recorded certificate of 16 punishment for marking or defacing brands of another 16 BULLS owners of to have lien upon the get for services of 37 BUTCHERS to give bond, conditions of, duties of 23-24 CASTRATION of animals running at large 8 what counties excepted from provisionsppf t 9 COMMISSIONERS STATE INSPECTION names of . 3 II COUNTY CLERKS to record description of estrays taken up 5 fees of for such record 5 penalty for recording similar brands or marks 16 COUNTY COMMISSIONERS shall appoint sheep inspector 38 CROPS GROWING protection of 26-7 COUNTY TREASURERS to keep funds collected from taxes as separate fund 32 shall pay expenses of round-up out of inspection fund 27 CRIMES AND MISDEMEANORS punishment for branding or defacing brand of stock 25 malicious killing, injuring or interfering with stock 25 punishment for stealing, killing, etc. , construed to be grand larceny 22 selling unbranded stock without authority 23 skinning sheep without owner's consent, punishment of 20 unlawful branding of mavoricks 18 penalty for burying stock without skinning 13 punishment for making false affidavit of ownership of animal killed 14 penalty for failure to brand cattle 15 for recording similar brands or marks 16 punishment for marking or defacing brand of another 16 for driving stock from range 14 what proof requisite 14 for driving Texas cattle into or through the State at certain seasons 37 for violation of law relating to diseased sheep 40 for neglecting to notify sheep inspector of diseased sheep .... 41 for falsely reporting sheep to be diseased 41 punishment for concealing estray 8 penalty for driving animals on railroad 13 DAMAGES done by dog 15 by moving diseased sheep 15 done to planted trees by animals when and how recovered ... 36 DROVERS duties of in case of mixing stock 19 driving stock from range deemed larceny 19 EAR MARKS effect of in evidence 18 not to be recorded to more than one person 18 ESTRAYS duties of persons taking up 5 fees of county clerk for recording estray notice 5 pay of taker up 5 pay of appraisers 6 publication of estray notice 6 Ill ESTRAYS expense of publication, how paid 6 how owners may recover possession of 6 delivery of possession to owner 7 manner of making sale of 7 disposition of proceeds of sale 7 bill of sale of, by whom given 7 punishment for concealment of eslray 8 running at large of certain animals prohibited 8 FEES of appraisers in certain cases 27 of foreman of round up, how paid 27 of justice of the peace for appointing appraisers 35 of county clerk for recording description of estrays 5 FINES imposed for neglecting to notify sheep inspectors of flock infected with scab 41 for driving Texas cattle into or through the State in certain seasons 37 when to be paid into school fund 37 GROWING CROPS protection of 26-27 HERDING OF SHEEP at what distance from town or city, sheep to be herded 43 HOGS penalty for running at large 20 owners of boars to have lien upon the get of for services .... 37 INSPECTION COMMISSIONERS appointment, qualification, oath and duties of 31 JUSTICES OF THE PEACE duties of in certain cases 27 to appoint appraisers 33 fees of, for appointing appraisers 35 duty of, to notify stock owners to keep stock in care of herders . . 36 LIENS to ranchmen, farmer, agistor, tavern-keeper, livery-stable keeper, for feeding, etc 3^ of boarding-house keeper on baggage, etc 32 to common carriers, mechanics and laborers 33 appraisers to appraise property whereon liens are claimed .... 33 notice of sale and relating to sales 34~35 saving clause and emergency clause 35 owneis of stallions to have, when 37 owners of jacks to have, when 37 owners of bulls to have, when 37 owners of rams to have, when 37 owners of boars to have, when 37 bona fide purchasers without notice, not to be affected by such lien 37 IV MAVORICKS penalty for unlawful branding of 18 what deemed to be, round-up and sale of 17 how owner may recover value of . 17 bill of sale of 17 disposition of monies received from sale of 17 RAILROADS OR RAILWAY COMPANIES liability for killing animals 9 affidavit of ownership of brand to be filled with 9 schedule of prices for cattle killed and how payment made . . . . 10-11 record of animals killed by, where kept 1 1 payment for animals without marks 12 penalty for driving animals on 13 disposition of body of animal killed by railroad 13 RAMS, 1 owners of to have lien upon the get for services of 37 duty of owner or agent of thorough-bred 36 RANGES punishment for driving stock from, what proof requisite 14 ROUND-UPS. disposition of monies received from sale of mavericks 17 fees of foreman of, how paid 27 duties of commissioners of 27 appointment, qualification and powers of, commissioners of ... 30-31 ROUND-UP DISTRICTS their limits etc 28-30 SCHOOL FUND fines, when to be paid into 37 SHEEP skinning without owner's consent, punishment of 20 duty of owner of thorough-bred rams 36 fines imposed for neglecting to notify inspectors of flock infected with scab ' . 41 what counties excepted 41 damage for moving diseased sheep shall be marked 15 owners of rams to have lien upon the get for services of 37 county commissioners to appoint inspectors of 38 terms of office of inspectors 38 duties of inspectors . 38 owners of to report to inspectors of arrival of sheep in the State . 39 duty of owner or agent of diseased flock 39 penalty for violation of this act . 39 oath, bond and fees of inspectors , . 40 owners to dip on own premises, proviso 42 inspector's fund, what shall constitute, and how expended .... 42 at what distance from city, town or village sheep to be herded . . 43 S 1 1 K K 1' I X S I' KCTO RS shall inspect flocks of sheep within his jurisdiction 38-39 shall report result of inspection to county clerk 38 oath of office of, fees of 40 for what causes they may be removed 41 penalty for falsely reporting sheep to be diseased 41 fund of 4 2 STALLIONS owner of to have lien upon get for services of 37 STOCK regulating the branding, herding and care ot 38 TAXES to be levi-d and assessed upon what property, and amount .... 31-32 county treasurers to keep funds collected from as separate fund . . 32 TEXAS CATTLE limitation of time for driving of 37 penalty for violation of 37 TREASURERS county to keep funds collected from taxes as separate fund .... 32 shall pay expenses of roand-ups out of inspection fund 27 district duties of I2 TREES damage to by animals, when and how recovered 3^