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NO. 16. AN ACT RELATING TO EQUINE INFECTIOUS ANEMIA AND TO STALLIONS.

(S.85)

It is hereby enacted by the General Assembly of the State of Vermont:

Sec. 1. Sec. 4 of Act No. 39 of the Acts of 1995 (equine infectious anemia) is amended to read:

Sec. 4. EFFECTIVE DATE

This act shall take effect from passage*[; however, sections 1181 and 1461 of Title 6, as amended by this act shall, on December 31, 1997, revert to the statute in effect on January 1, 1995]*.

Sec. 2. 20 V.S.A. § 3349(a) is amended to read:

(a) An owner or keeper of a stallion, more than one year old, who wilfully or negligently permits such stallion to run at large out of the enclosure of such owner or keeper, shall be fined for each instance not more than *[$40.00]* $500.00 nor less than *[$10.00]* $100.00 and shall also be liable to a party injured for the damage done by such stallion while running at large.

Sec. 3. 20 V.S.A. § 3454 is amended to read:

§ 3454. STALLIONS

A stallion found running at large may be impounded. Within forty-eight hours, the impounder shall notify the owner or keeper thereof. If the owner or keeper does not, within three days after such notice, pay to the impounder such damages as are assessed by three disinterested freeholders, appointed by a justice of the peace or a district judge of the county, with the costs and expenses of impounding, appraising, and the poundkeeper's *[charges]* charge of $50.00 per day, the impounder may sell the stallion at public auction to satisfy the same, giving four days’ notice of the time and place of sale, and the balance, after paying the damage and expenses, shall be paid to the treasurer of the town in which the stallion was impounded, for the use of the owner, if demanded within one year, otherwise to the use of the town.

Sec. 4. REPEAL

Section 3350 of Title 20 (registration of stallions with town clerks) is repealed.

Approved: May 5, 1997