Colorado § 35-53-110 - Proceeds claimed within three years.

§ 35-53-110. Proceeds claimed within three years.

All moneys in the estray fund, derived from the sale of estray animals by the state board of stock inspection commissioners or any inspector acting under the authority of said board, which has been in the possession of said board of stock inspection commissioners for six years or longer from the date of sale of such estray animals and for which no valid claim has been made shall be turned into the brand inspection fund of said board, and all claims for moneys from the estray fund made by the owners of cattle sold as estrays by said board shall be made within three years from the date of sale of the same or the same shall be forever barred and no moneys shall be paid upon claims made after three years from date of such sale. The funds so transferred from the estray fund may be used by the said board, under proper vouchers, for the prosecution of persons charged with theft of livestock and for general expenses of the board.

Source: L. 03: p. 443, § 28. R.S. 08: § 6419. C.L. § 3221. CSA: C. 160, § 138. CRS 53: § 8-3-12. C.R.S. 1963: § 8-3-10.

Cross references: For the estray fund and the brand inspection fund, see § 35-41-102; for theft generally, see § 18-4-401; for theft of livestock, see §§ 35-43-128 and 35-54-105.

ANNOTATION

Section not bar to recovery if no notice given to owner. Where an owner had no notice of a sale until seven years thereafter, and brought an action upon learning of the sale, recovery must be allowed, as some sort of notice must be given the owner of cattle held as estrays. Alfred v. Esser, 91 Colo. 466, 15 P.2d 714 (1932).