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hundred dollars, and every separate day's offense shall 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 inspector shall ex officio report all violations of the provisions of this act of which he has knowledge.

of inspector.

2550. SEC. 6. Every inspector before entering upon Oath and bond the 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, conditioned 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 penal sum of the within bond, over and above their just debts and liabilities."

Record of, and

2551. SEC. 7. Such bond, with the oath endorsed thereon, shall be recorded in the office of the register of suits upon bond. deeds for the county in which the inspector shall reside, and may be sued on by any person injured on account of the unfaithful 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 accrued.

2552. SEC. 8. Every inspector shall keep a fair and correct record of all his official acts, and, if required, give a certified copy of any record, upon payment of the fees therefor, and in case of inspector's death, resignation or removal, said record shall be deposited with the register of deeds.

Record of off. cial acts of inspector.

Fees of inspec

of fines and pen

2553. SEC. 9. The inspector shall receive for his services five dollars per day whilst necessarily employed in tor: disposition inspecting; and for the first inspection an additional fee of alties recovered. one cent for every sheep, when the flock inspected is five hundred or less; and for inspecting larger flocks, five dollars for the first five hundred and one-half cent each for the remainder of said flock, to be paid by the owner or his agent,

By whom notices to be served.

and fifty cents for service of notice, and fifty cents for each copy, and two cents per line of ten words for any other official copies; provided, that when an inspection is made upon information by affidavit, before a justice of the peace, and the inspector shall report, in substance, “no such disease," the party giving the information shall pay the inspector's fees; and 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 only go to his credibility, and not affect his competency as a witness. Remainder of fines shall be appropriated to the common school fund of the county.

2554. SEC. 10. The notices herein shall be served by the inspector, or the sheriff, or any constable of the county. 2555. SEC. II. That the counties of Las Animas, HuerWhat counties fano, Costilla and Conejos are hereby excepted from the provisions of this act.

excepted.

In what counties inspector to be appointed on petition.

2556. SEC. 12.

No sheep inspector shall be appointed by the county commissioners of either of the counties of Pueblo, Douglas, Bent or Arapahoe, until they have been petitioned to make such appointment by the majority of the sheep owners of said counties, respectively.

At what distance

or viilage sheep to be herded.

AN ACT TO PROHIBIT THE HERDING OF SHEEP IN THE NEIGHBOR-
HOOD OF CITIES AND TOWNS, AND TO REPEAL ALL ACTS IN
RELATION THERETO.

Be it enacted by the General Assembly of the State of Colorado: 2557. SECTION I. No person shall keep or herd sheep from city, town 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.

lations of this

2558. SEC. 2. Whoever shall offend against the pro- Penalty for viohibitions of this act shall pay a fine of twenty-five dollars act. 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.

2559. All acts and parts of acts in conflict with this act are hereby repealed.

Approved, March 7, 1877.

Repeal.

CHAPTER XCIV.

STATE GEOLOGIST.

AN ACT TO CREATE AND ESTABLISH THE OFFICE OF STATE GEOLO

GIST.

[Session Laws, 1872.]

Appointment

office.

2560. SECTION I. That the governor of the state is hereby authorized and empowered to appoint, by and with and term of the advice and consent of the senate, a state geologist, who shall be commissioned by the governor, reside in the state, and hold his office for the term of two years from the date of his appointment.

2561. SEC. 2. No compensation for services, nor for No compensaany expenses whatever, shall be paid by the state to or for tion for services. the said state geologist.

Report to

2562. SEC. 3. The state geologist shall report the result of his surveys and observations, made under and by governor. virtue of the commission provided for in section one of this act, to the governor of the state, to be submitted to the next legislative assembly, on or before the first day of January, A. D. 1874.

Appointment

and duties of short hand reporter.

Compensation;

CHAPTER XCV.

STENOGRAPHERS.

AN ACT TO AUTHORIZE THE EMPLOYMENT OF STENOGRAPHIC RE-
PORTERS IN THE DISTRICT COURTS.

[Session Laws, 1874 ]

2563. SECTION I. The judge of each judicial district may appoint a competent short-hand reporter to attend during any term of the court, or any part thereof, or during the trial of any cause or causes. Such reporter shall, on the direction of the court, in any case, take down in shorthand all the testimony, the rulings of the court, the exceptions taken, and oral instructions given, and other proceedings had during the trial of any cause, and in such causes as the court may designate; and in such reasonable time after the trial as the court may appoint, shall write out the same in plain, legible, long-hand writing, and file it, together with the original short-hand writing, with the clerk of the court in which the cause was tried.

2564. SEC. 2. Such reporter shall receive for his servhow to be paid. ces such pay as the judge of the court may direct, to be paid from the treasury of the county wherein the court sits, not exceeding ten dollars per diem, for reducing the testimony to short-hand, and not exceeding twenty cents per folio of one hundred words, for making transcripts in long-hand, when so directed by the court. The compensation to said reporter shall be paid as follows: The per diem allowance by the county in which such suit may be pending, and the allowance for transcript in long-hand shall be paid as other costs of the suit.

CHAPTER XCVI.

STOCK.

AN ACT REGULATING THE BRANDING, HERDING AND CARE OF STOCK.

[Session Laws, 1872.]

Duties of per

2565. SECTION I. No person shall take up an estray animal, except in the county where he resides, and is a householder, nor unless the same be found in the vicinity of county clerk

sons taking up

an estray; fees

and compensa

of his residence. When any person shall take up an estray, tion of taker up. 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 and 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 there on the date of presentation of the same, and return one copy to the takerup, and the other copy he shall place upon record in the estray book. After filing said 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 same, for recording each certificate of estray, and five cents per head for each additional number more than one, contained in said certificate; and the takerup of said estray shall be entitled to twenty-five cents for each original certificate of description, with ten cents per head for each additional number more than one, contained in said certificate, and mileage to and from the clerk's office, at the rate of ten cents per mile.

In what manner

to recover

2566. SEC. 2. Before the owner of any estray so taken up and posted, shall be entitled to the possession of the owner of estray same, he shall notify the taker-up of the time and place possession. before the most convenient magistrate, county judge or ustice 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 eliver the same over into the possession of the owner, ■pon payment to said taker-up of all the costs in the case,

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