Listing properly.

Collection of

taxes.

thereof as far as possible) and levy against all such lots and property such tax as may have been voted by the district; and on or before the first day of August, in each year, he shall post up said list, with the amount of tax against each lot or parcel, in three public places in the District.

SEC. 3. He shall, on the first day of November in each year, give to the County Collector a list of all lots and property on which the tax is unpaid, with the amount of tax against each, and he shall, on the same date, or within five days thereafter, pay to the District Treasurer, all moneys of the District remaining in his hands.

SEC. 4. The County Collector shall collect the taxes on the list furnished him by the District Secretary, at such times and places, after date aforesaid, as other taxes are collected, according to existing laws for the collection of the revenue, and all taxes on the District list remaining unpaid on the first day of January, shall be collected in the same manner as delinquent County taxes. He shall add ten per cent. to all taxes of the District list, paid to him before the first day of January, and shall retain said percentage as full compensation for the collection of said taxes.

SEC. 5. The County Collector, on the first day of January, or within five days thereafter, at his office, shall pay to the Treasurer of any Fence District, all moneys remaining in the Collector's hands belonging to said District, and whenever any land is sold for delinquent tax, assessed by the District, the Collector shall pay the clear proceeds of such sale to the District Treasurer, within ten days after the sale.

ARTICLE IV.

SEC. 1. No stock shall be allowed to run at large within a Fence District after the same shall have been enclosed in a lawful fence.

stock running at

SEC. 2. Whenever any stock is found running at Damages by large within a Fence District, if it appear that the large said stock came in of its own accord, and if no material damage has been done by it within the District, it shall be driven without the District, and the Fence Superintendent or employes shall take all reasonable precaution against its return; but if it appear that material damage has been done, or that the stock has escaped, either from an enclosure, from picket, or from a herder, within the District, then it shall be given in charge of some employe of the Board of Fence Commissioners, who shall detain the stock in such manner as the Board may provide, and who shall summon, without unnecessary delay, three disinterested persons, who shall assess the damage done by said stock, and the damage thus assessed, together with the District charges for detention, shall be a lien upon said stock; Provided, That the District charges for detaining stock shall not exceed the sum of one dollar per head for the first day and fifty cents per head for all subsequent days.

Suits for

SEC. 3. If no owner or agent appear within ten days to claim the stock detained under the previous section and discharge the lien thereon, then the damages. President or Secretary of the Board shall immediately commence suit against the owner of said stock before the nearest Justice of the Peace, in an amount sufficient to cover all charges and damages, and the Justice shall issue summons to all parties interested to appear within twenty-five days after the date of the summons, and show cause, if any, why said stock shall not be sold to pay the amount of suit and costs; said summons shall contain a full description of the stock, by mark, brands, age and general appearance, and shall be published in three consecutive issues of some weekly newspaper published nearest the office of the Justice issuing the summons.

SEC. 4. If, at any time before the day set for trial, Release of stock an owner or agent appear and pay all damages, damages.

upon payment of

Penalty for destruction of property.

charges, and costs, the stock shall be given into his custody; otherwise, the trial shall proceed, and if the facts claimed in the complaint be proven, the Justice shall order the sale of the stock at public auction at some place within the District, (due notice whereof having been given) within five days after the date of the order, and the clear proceeds of such sale, after all charges, damages and costs have been paid, shall go to the District treasury for the use and benefit of the District; Provided, That if an owner appear within six months after the date of the sale, and establish his claim to the stock, before the Justice ordering the sale, he shall receive from the Treasurer the clear proceeds of said sale, on the certificate of the Justice, setting forth the facts as above; Provided, also, that if the probable value of the stock exceed twenty (20) dollars, the trial shall be by jury unless waived by the defendant.

SEC. Any person who shall willfully and maliciously drive any stock into a Fence District, or willfully and maliciously turn loose any stock within the same, shall be liable to double the amount of damages done by said stock, to be recovered as a debt of the District.

SEC. 6. Any person who shall leave open any gate belonging to a Fence District shall be deemed guilty of a misdemeanor and shall forfeit and pay a fine of not less than one dollar nor more than ten dollars for the first offense, and double these amounts for all subsequent offenses, in the discretion of the Court, one-half the fine to go to the informer and one-half to the County Treasurer, for the benefit of the school fund; Provided, That this section is kept plainly posted near said gate.

SEC. 7. Any person who shall willfully and maliciously injure or destroy any property belonging to a Fence District, shall be guilty of a misdemeanor, and shall be subject to a fine and imprisonment as

provided by Section One Hundred and Seventy-six (176) of Chapter Twenty-two (22) of the Revised Statutes of Colorado, and shall also be held in double the amount of damage which may occur on account of such willful and malicious injury or destruction, to be recovered as a debt of the District.

ARTICLE V.

SEC. 1. No damages or fines shall be recovered under the provisions of this act until such time as the County Commissioners of the county in which the District is located shall have declared the enclosing fence a lawful fence, nor at any time thereafter when it can be shown that the injury for which damage is claimed was caused in any degree by the fail. ure on the part of the District or any of its agents to keep the enclosing fence in good repair; and wherever the fence crosses a ditch, stream of water. railroad or County or Territorial road, the District shall put and maintain such structure, cattle-guard or gate as the County Commissioners shall direct.

SEC. 2. All damages recovered under this Act shall be paid over to the party or parties in whose favor they were assessed, on demand, at any time after the recovery thereof.

SEC. 3. Any officer or person refusing or failing to pay over moneys belonging to a Fence District, as required by law, shall forfeit double the amount, and interest at the rate of three per cent. per month for the time of so withholding the same, to be recovered as a debt of the District.

SEC. 4. The word stock in this act shall be deemed to include cattle, horses, mares, mules, asses, sheep, goats and hogs.

What lands are

taxation,

SEC. 5. The following described lands shall not be liable to taxation under the provisions of this act:extrom First, arid lands not irrigable without unreasonable expense; second, land from which no crop can Le

taken by reason of overflow; third, lands which shall be kept enclosed by a fence which the County Commissioners shall declare to be lawful.

SEC. 6. The County Commissioners may, in their discretion, require any Fence District in their County to build lanes, not less than four rods in width, and as often as once in five miles, running from the enclosing fence to any stream of water enclosed by said District: Provided, That said lanes may be closed when there is sufficient water for stock at the head of them in the discretion of the Commissioners.

SEC. 7. The County Commissioners shall be a board of arbitration and appraisement to fix the damages for right of way for a District fence across private property.

SEC. 8. This act shall apply only to that portion of Weld county situated in the basin of the Cachea-la-Poudre river and in the basin of the South Platte river below the mouth of the Cache-a-la-Poudre.

SEC. 9. All acts and parts of acts inconsistent herewith are hereby repealed.

SEC. 10. This act shall be in full force from and after its passage.

Approved February 9th, 1874.

AN ACT

Concerning Fences and Enclosures in Conejos County and in other Counties under certain circumstances.

Be it enacted by the Council and House of Representatires of Colorado Territory, The following shall be considered a lawful fence in said County of Conejos: Post and plank fences four feet six inches high, made of sound posts five inches in diameter, set substantially in the ground, not more than eight feet apart. with three planks not less than one inch thick and six inches wide, securely fastened by nails or other wise, said planks not more than twelve inches apart.