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March 18, 2010 Newsletter by Cindy K. Roberts 2010 copyrighted material
Howdy from sunny Missouri,
CALLING ALL COWGIRLS AND HORSE - MULE CRAZY WOMEN!
MISSOURI COWGIRL CAMP JUNE 11, 12, 13 2010 CHECK IT OUT
HORSE & MULE COACHING SESSION BY RANDY LEE & CINDY K. ROBERTS
ENTERTAINMENT BY COWBOY RECORDING ARTIST DAVE TALLEY, COWGIRL EVENTS, TRAIL RIDE --
Cowgirl is an Attitude
"Cowgirl is an attitude, really. A pioneer spirit, a special American brand of courage. The cowgirl faces life head on, lives by her own lights, and makes no excuses. Cowgirls take stands. They speak up. They defend the things they hold dear. A cowgirl might be a rancher, or a barrel racer, or a bull rider, or an actress. But she's just as likely to be a checker at the local Winn Dixie, a full-time mother, a banker, an attorney, or an astronaut." - Dale Evans Rogers, Los Angeles, 1992
MULE EVENT
WHAT: MulesOnly Gathering at Big South Fork (shortears welcome too)
WHEN: April 4-10, 2010
WHERE: Zenith Stables and Campground
929 Cole Place Road
Allardt, TN 38504
E-mail ridehigh@zenithstables.com
Website www.zenithstables.com
(931) 879-5252
Come ride with friends at the Big South Fork National River and Recreation Area on the Cumberland Plateau in Tennessee. Easy to moderately difficult levels of riding available daily.
Campground features:
· barns with 10x10 stalls
· some campsites with tie outs and/or pipe panel pens
· some campsites with sewer and all sites with electric and water
· community kitchen and dining area for spontaneous gatherings
· hot showers and flush toilets (men and women separate).
· bunk house for those without living quarters or tents (reserve a bed early).
· two small cabin rentals 1 mile from campground
Negative coggins required
Reservations recommended (not all sites have pens, tie outs, sewer)
Check website for details www.zenithstables.com
Per night prices:
· campsites with electric, water, sewer $18; $15 without sewer
· stalls $10, panel pen $5, tie out $3
· 2 spacious bunkhouse rooms each sleeps 8; provide your own linens $50/night/bunkhouse room
IN THE NEWS: GRAND CANYON TO CHANGE TRAIL USAGE
Trail wear and conflicts between mule riders and hikers has prompted the Grand Canyon Park Service to propose changes in Canyon use plans, officials say.
The number of Park Service mule train rides would be capped, but commercial mule tours would be allowed to operate at about the same level as the mule trains. They would also be less concentrated, The (Flagstaff) Arizona Daily Sun reported Wednesday.
There were five options considered under the Park Service's environmental assessment including a "no-action alternative" that essentially would have simply continued mule operations stock use. Other options vary from halving the number of rides in a certain area to eliminating rides in another.
"Our goal is to implement something and then monitor that and see if it addresses those concerns, specifically with the trail conditions and the amount of money we need to spend to maintain them," said Rachel Bennett, an environmental protection specialist for Grand Canyon National Park.
Park officials say one of the concerns brought to their attention every year is the poor condition of the trails used by mules with ruts up to 3 feet deep. Hikers report mule waste on the trails as one of their main concerns, the Sun reported.
The proposal has an April 30 deadline for public comment with a final decision published as soon as June, the newspaper said.

Dear Ms. Fershtman:
I own a boarding stable. Over the past few years many of our customers have been unable to pay us. Some have fallen seriously behind, and a few of them have not come to visit their horses in many, many months. We’ve tried to call them, but we usually get only promises to pay but no money. A few of them will not respond to our letters and won’t take our calls. What can we do with the horses when their owners don’t pay? Are these horses abandoned?
– L.E. (No state specified)
In these difficult economic times, numerous boarding stables nationwide encounter these problems and are struggling to get their clients to pay. Stables can be asking for trouble, however, when they make their own conclusions that a horse is “abandoned”due to unpaid board and then take the matter into their own hands without following the law. For example, some stables give away the horses, sell them illegally to offset the debt, or place the horses in their lesson program without permission.
This article discusses abandonment and offers suggestions for avoiding disputes.
Abandonment
Generally
Boarding stables often assume that a boarded horse was abandoned because the owner failed to pay, but the stable remains in possession of the horse. In the eyes of the law, “abandonment” is not necessarily a conclusion the stable can reach on its own before simply claiming ownership of the horse. Rather, abandonment is typically a conclusion made by a court of law that is guided by state law on the subject.
“Abandoned” property, as a general matter, is defined as property (such as a horse) to which the owner has voluntarily given up all title and possession, with the intention of terminating ownership for good, and without giving ownership to any one person. Several states now have laws on the books regarding abandoned property and how ownership can be legally claimed.
When Problems Arise
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Stables that accept horses for boarding and keeping do not automatically own the horses when board has not been paid. It generally takes a law or legal proceedings before ownership can legally transfer to the stable or someone else. To become the owner, stables must undertake legal proceedings that can include: Stablemen’s lien foreclosure proceedings that follow, to the letter, the applicable state’s stablemen’s lien law (sometimes known as the “agister’s lien” law).
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Legal action where a court is asked to examine the evidence and declare the horse “abandoned.”
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Lawsuits against the horse’s owners(s) to collect the unpaid board. After the stable wins a judgment against the owner, state law usually allows the stable, as judgment creditor, to arrange a sale of the horse to offset or satisfy the debt.
Suggestions for Avoiding Disputes
Here are some suggestions for stables faced with the problem of unpaid board fees. Most of these options call for a carefully worded written agreement:
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Stables concerned about their customers’ inability to pay board can ask them to leave now before the debt grows too large.
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If you believe a customer can pay off his past due balance in weekly or monthly installments, consider allowing him to do so.
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Consider modifying the boarding arrangement to reduce future payments by decreasing services that the boarded horse receives. For example, maybe the stable and owner can agree to pasture board rather than a box stall.
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Remember that the stable must continue giving the boarded horse "reasonable care," even when fees are not paid on time. In the eyes of the law, this means that the stable must use the degree of care that a prudent and careful horse keeper or stable would under similar circumstances.
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To discourage late payments from your customers, consider imposing late payment charges and interest (at the legal rate) on unpaid balances in your boarding contracts.
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Sometimes horse owners, recognizing they cannot pay the debt, will give the stable full ownership of the horse in exchange for canceling the past-due board debt.
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Before using the boarded horse for your own purposes, such as placing it in your lesson program, consult with a knowledgeable attorney.
This article does not constitute legal advice. When questions arise based on specific situations, direct them to a knowledgeable attorney.
-- Julie Fershtman, Attorney at Law
About the author
A lawyer for nearly 24 years, Julie Fershtman is one of the nation’s most experienced Equine Law practitioners, has successfully tried equine cases before juries in four states, has drafted hundreds of equine industry contracts, and is a Fellow of the American College of Equine Attorneys. For more information, visit www.equinelaw.net or www.equinelaw.info.
Julie Fershtman’s books, MORE Equine Law & Horse Sense and Equine Law & Horse Sense, help people avoid disputes. Order both for $42.90, first class shipping included. To order, call Horses & The Law Publishing at 866-5-EQUINE. Or, send check or money order to Horses & The Law Publishing, P.O. Box 250696, Franklin, MI 48025-0696.
Attention Lawyers and Paralegals: This year the American Bar Association published Julie’s new book on Litigating Animal Law Disputes. The book covers a wide variety of legal issues involving horses and other animals and includes sample court filings. Horses & The Law Publishing sells the book for a large discount off the ABA’s $130 cover price. Contact Ms. Fershtman directly for information.
Dear Cindy,
I have resently started working with a year old mule. She has a lot of spunk and is hard to calm down and work with. I have tried lunging her to get out some of the extra energy, but she is not as responsive as my horse is and wont even bother to walk. Do you have any advice you could give me on how to calm her down, or teach her how to lunge? Thanks - Anna
Hi Anna,
I do not like to lunge a young mule --- not until they are about 2 1/2. I like to make sure their knees/joints are closed. Babies have a lot of energy and the things that your mule need to learn at this point, is how to stand tied at a hitching post or tree. Use a rope halter and learn how to tie/secure it properly. This is safe to use for you young mu le. Picking up her feet, grooming, the basics.
It is ok that your baby is full of energy - you being patient at this point will be helpful. Is this your first mule? If so, I would suggest that you either get my DVD or my Answers To Your Mule Questions book. Mules are complex and cannot be compared to horses. Afterall, mules are only half horse.
Thanks for writing and best mule wishes, Cindy K. Roberts
THANKS FOR PUTTING UP WITH ME.
Remember ---

There are very few personal problems that cannot be solved through a suitable application of high explosives.
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