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Killing stock.

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TO AMEND SECTION 14, CHAPTER XCIII., OF THE GENERAL STATUTES
OF THE STATE OF COLORADO, ENTITLED “RAILROADS.”

Be it enacted by the General Assembly of the State of
Colorado:

SECTION I. That se&tion 14, of chapter XCIII., of the General Statutes of the State of Colorado, entitled “Railroads,” division V. thereof, entitled “Killing stock,” is hereby amended so as to read as follows: SEC. I.4. If the owner of any animal or animals so killed, or his or her authorized agent, shall make affidavit before some officer authorized to adminster oaths, that he or she was the owner, or authorized agent of the owner, of the recorded brand found upon the animal or animals so killed or damaged, at the time of such killing or damaging, and such persons shall, within six months after 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 any officer authorized by law to record such mark or brands, or shall make affidavit that the animal killed or damaged, 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 certificate, or such affidavit last aforesaid, as follows:

SCHEDULE.

For American sheep, each, two dollars and fifty cents ($2.50). For Mexican sheep and goats, one dollar and fifty cents $1.50). ( i. Texas cattle, yearlings, twelve dollars ($12.OO). For Texas cattle, two years old, seventeen dollars ($17.OO). For Texas cattle, three years old, steers and cows, twenty dollars ($2O.OO). For Texas cattle, four years old steers or over, twentyfive dollars ($25). For American yearlings, fifteen dollars ($15).

For American, two years old, twenty dollars ($20).

For American, three years old, steers and cows of all ages, twenty-eight dollars ($28).

For American, four years old steers and over, thirtyfour dollars ($34).

For calves, ten dollars ($10).

The above price, when paid, shall be payment in full; all Texas and Mexican cattle shall be considered as Texas cattle, and half-bloods shall be classed as American cattle; thoroughbred cattle, milch cows, high-grade American cattle 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; Horses, etc. Provided, That no railroad company shall at any time be required to pay more than the market value of any animal killed or damaged, except as hereinafter provided. In all cases where such railroad company or corporation shall kill any of the stock mentioned in this ačt, and for which no price or sum is fixed, the owner or agent of such stock shall, after the filing, as aforesaid, of an affidavit and certificate of brand, or affidavit of ownership, which affidavit shall contain a statement of class, grade and value of such animal or animals, select some disinterested freeholder of Appraise. 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, select some suitable person to act with person so selected, and the two so selected shall select a third, and the three so selečted shall, without delay, proceed to appraise the value of the stock so killed or damaged, a majority of which three appraisers shall be sufficient to determine the same, and shall certify, under oath, such appraisement to an agent or superintendent of such company or corporation. In case such railroad or corporation shall refuse or when railroad neglect to appoint such appraiser, it shall be the duty of ...," " the justice of the peace nearest to the place where such appraiser. stock was so killed or damaged, to select three disinterested persons as appraisers, 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 days thereafter, forward to an agent or superintendent of such railroad or corporation, a certificate of the . result of such appraisement and the costs thereof; and such railroad or corporation shall, within thirty days after the

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receipt of such certificate, pay to the owner of the stock so killed or damaged, or to his or her authorized agent, the amount of such appraisement, together with all the costs, as aforesaid; and in all cases where the value of such stock is established by this ačt, such company or corporation shall pay for such stock within thirty days after the delivery of the affidavit and certificate of ownership of brand, or affidavit of ownership of said stock, and if any such company shall so fail to pay for such stock within thirty days after the delivery of such affidavit and certificate, such company shall be liable for double the value the appraised or schedule value of any such animal or animals, together with reasonable attorney's fees, to be allowed by the court; and all persons selected or appointed under this section shall receive the sum of one dollar, to be paid by said railroad company or corporation, as hereinbefore provided; Provided, That any railroad company having fenced its line of road, or any part thereof, or who may hereafter fence its road, or any part thereof, with a good and lawful fence, and put in good and sufficient cattle guards, and have put in gateways upon and across their said railroad, at the request of persons holding or owning land adjacent to said railroad, for the private use and accommodation of said adjacent owners or holders of land; said railroad company shall not be held liable for the killing or injury of any stock getting through said gateways, belonging to said party at whose request and for whose accommodation said gateway was made, unless such killing or injury was occasioned by the fault or negligence of said railroad company or its employés.

SEC. 2. All acts or parts of ačts inconsistent with this act are hereby repealed.

SEC. 3. Inasmuch as the public interest requires that this ačt should take effect at once, an emergency exists, requiring this act to take effect immediately; therefore, this act shall take effect and be in force from and after its passage.

Approved March 31, 1885.

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CONCERNING RAILROADS AND RAILROAD CORPORATIONS, PRESCRIB-
ING THE POWERS AND DUTIES THEREOF, ALSO PROVIDING
FOR THE APPOINTMENT OF A RAILROAD COMMISSIONER, AND
PRESCRIBING THE POWERS AND DUTIES OF THE SAME.

Be it enađed by the General Assembly of the State of
Colorado:

SECTION I. That within ten days after the passage of of this ačt, the Governor shall appoint one competent person to be Railroad Commissioner, such appointment and all subsequent appointments to be made with the advice and consent of the senate. The Commissioner so appointed Tenure. shall hold the office for the period of two years from the first day of April, A. D. 1885, unless removed by the Governor for cause. In case the senate shall not be in session when the appointment shall be made, the Commissioner so appointed shall hold his office during the term for which he shall be appointed, or until the senate shall refuse to concur therein. The Governor, before the first day of February of each alternate year thereafter, shall appoint a Commissioner to hold office for the term of two years from the first day of April thereafter, unless sooner removed for cause, and in case a vacancy shall occur in said office, by resignation or otherwise, the Governor shall fill the same by appointment for the remainder of the term. The Governor may remove the Governor said Commissioner for good cause and appoint another at "*** any time, whenever in his discretion he may believe the public welfare demands the change, and he shall report his ačtion, in the matter of such removal, and the reasons therefor, to the legislature.

SEC. 2. (Qualifications.) No person owning any bonds, Qualifications.

stock, or property in any railroad corporation, or who is in the employment of, or who is in any manner pecuniarily interested in any railroad corporation, shall be eligible to the office of Railroad Commissioner. Said Commissioner shall be a citizen of the United States, a qualified elector of this State, and shall have resided in the State for at least two years before his appointment.

Salary.

Secretary.

Bond.

Inspect railroads.

Commissioner to notify railroads to make changes.

SEC. 3. (Office—Compensation—Term.) The Commissioner so appointed shall hold his office at the capital of the State. He shall receive a salary of three thousand six hundred dollars per annum, to be paid quarterly, and he shall be provided, at the expense of the State, with necessary office, office furniture and stationery, and shall have authority to appoint a secretary, who shall receive a salary of eighteen hundred dollars per annum, payable quarterly. The Commissioner so appointed shall devote his entire time to the duties of his office.

SEC. 4. (Oath—Bond.) Said Commissioner and his secretary shall be sworn to the due and faithful performance of his duties, before entering upon the discharge of the same, and said Commissioner shall enter into a bond, with sureties to be approved by the Governor, in the sum of twenty thousand dollars, conditioned for the faithful performance of his duties.

SEc. 5. (Examination of Railroads.) Said Commissioner shall have authority to examine all railroads operated by steam in this State, and shall investigate any neglect or violation of the laws of this State by any railroad corporation doing business therein, or by the officers, agents, or employés thereof, that shall come to his knowledge, and shall also, from time to time, carefully examine and inspect the condition of each railroad in the State, and its equipments, and the manner of its condućt and management, with reference to the public safety, interest and convenience. Whenever it shall be made to appear to the Railroad Commissioner that any railroad corporation negle&ts or fails, in any respect, to comply with the terms of its charter, or the laws of this State, or whenever, in the judgment of the Commissioner, any changes are necessary in the manner of operating any railroad, said Railroad Commissioner shall notify, in writing, said railroad corporation of the improvements and changes, which he deems necessary, such notice to be served by leaving a copy thereof, properly certified, with the president, superintendent, or other person in charge of said railroad, and a report of such proceedings shall be included in the annual report of the Commissioner to the Governor, who shall transmit the same to the legislature. Nothing in this se&tion shall be construed as giving the Commissioner authority to change the manner of operating a railroad, or as relieving any railroad corporation from its statutory or common law responsibilities, or liabilities for damages to person or property as common carriers, or

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