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47-7-10. "Estray" defined.
Any domestic or domesticated animal found wandering at large or abandoned in the public
ways or on the lands of any person other than its owner shall be an
"estray."
47-7-20. Public sale of estrays.
Any person finding an estray may take possession thereof and shall, if the owner is not
found and no claim to such estray is made within three days, deliver or report the finding
and taking up of such estray to the nearest magistrate, who shall sell such estray at
public sale after ten days' notice posted in three public places in the county, one of
which shall be the courthouse door.
47-7-30. Application of proceeds of sale.
The proceeds of sale of an estray shall be applied first to costs of sale and next to
costs of care and feeding of the estray, including a reasonable compensation as determined
by the magistrate for the finder's labor for care and feeding. Any balance remaining shall
be paid into the county treasury as general county funds.
47-7-40. Penalties for violations or for appropriating estrays.
Any person violating the provisions of this article, or attempting to conceal or
appropriate an estray to his own use, shall be guilty of a misdemeanor and upon conviction
shall be fined not more than one hundred dollars or imprisoned not more than thirty days
for each offense.
47-7-110. Permitting domestic animals to run at large unlawful.
It shall be unlawful for the owner or manager of any domestic animal of any description
wilfully or negligently to permit any
such animal to run at large beyond the limits of his own land or the lands leased,
occupied or controlled by him. Any owner, manager or person violating the provisions of
this section shall be subject to a fine for each offense of not more than twenty-five
dollars or to imprisonment for not more than twenty-five days.
47-7-120. Stock coming into State shall not be permitted to run at large.
It shall be unlawful for any person to drive, cause to be driven or in any other manner
permit to come into this State any horse, mule, hog, cattle, sheep or other livestock and
suffer it to run at large in any marsh, forest lands or range in this State. Any person so
offending shall be subjected to a penalty of five dollars for each head so permitted to
run at large, to be recovered for the benefit of anyone who may sue for it, or the
offender shall be proceeded against by attachment in case he cannot be found in this
State. But this section shall not apply to any person owning lands in this State who
permits such stock to run at large, as aforesaid, upon his own lands, nor to any person
driving or causing to be driven any such stock to or from market or for breeding purposes.
47-7-130. Liability of owners of trespassing stock.
Whenever any domestic animals shall be found upon the lands of any other person than the
owner or manager of such animals, the owner of such trespassing stock shall be liable for
all damages sustained and for the expenses of seizure and maintenance. Such damages and
expenses shall be recovered, when necessary, by action in any court of competent
jurisdiction. And the trespassing stock shall be held liable for such damages and
expenses, in preference to all other liens, claims or encumbrances upon it.
47-7-140. Right to seize trespassing stock.
Any freeholder or tenant of land, his agent or representative, may seize and hold
possession of any domestic animal which may be trespassing upon his premises and as
compensation for such seizure may demand of the owner of every such horse, mule, ass,
jennet, bull, ox, cow, calf, swine, sheep, goat, or other animal not herein named, just
damages for injuries sustained. Such claim shall, when possible, be laid before the owner
of the trespassing stock within forty-eight hours after seizure of the stock.
47-7-150. Liability of owner for maintenance; bond; recovery of possession.
In case the claim shall not be amicably or legally adjusted and the trespassing animals
recovered by the owner within twelve hours after the receipt of such notification, the
owner shall further become liable in a sum sufficient to cover the maintenance and care of
his stock up to the time of its removal. But the owner shall be entitled to recover
immediate possession of his stock on due execution of such bond to cover expenses and
claimed damages as any magistrate shall decide to be good and sufficient.
47-7-160. Rescuing animal from custody of person impounding it unlawful.
Whenever any animal shall be taken up under the provisions of this article, it shall be
unlawful for any person to rescue it or deliver it from the custody of the person
impounding it; and whoever shall violate this provision shall be guilty of a misdemeanor
and be punished by a fine of not less than five nor more than thirty dollars or by
imprisonment in the county jail not less than five nor more than thirty days.
47-7-170. Satisfaction as defense in criminal prosecutions.
In any criminal prosecution for violation of the provisions of s 47-7-160, the defendant
may plead, as a matter of defense, the full satisfaction of all reasonable demands of the
party or parties aggrieved by such violation; and upon such plea being legally established
and upon payment of all costs accrued up to the time of such plea he shall be discharged
from further penalty.
47-9-10. Marking, branding or disfiguring large animals of another.
Whoever shall be lawfully convicted of wilfully and knowingly marking, branding or
disfiguring any horse, mare, gelding, filly, ass, mule, bull, cow, steer, ox or calf of
any other person shall, for each and every such animal which he shall be convicted of
marking, branding or disfiguring as aforesaid, be subject to a penalty of one hundred
dollars or to imprisonment for a term not exceeding six months or both, in the discretion
of the court. In case such offender shall afterwards repeat the same or commit a like
offense, on conviction thereof he shall be liable to a fine of two hundred dollars or to
imprisonment for a term not exceeding one year or both, in the discretion of the court,
for each animal by him so marked, branded or disfigured.
47-9-20. Marking, branding or disfiguring small animals of another.
Whoever shall be lawfully convicted of wilfully and knowingly marking, branding or
disfiguring any sheep, goat or hog of any other person shall, for each and every sheep,
goat or hog which he shall be convicted of marking, branding or disfiguring as aforesaid,
be subject to a penalty of twenty-five dollars or to imprisonment for a term not exceeding
twenty days. In case such offender shall afterwards repeat the same or commit a like
offense, on conviction thereof he shall be liable to a fine of fifty dollars or to
imprisonment for a term not exceeding thirty days for each and every sheep, goat or hog by
him so marked, branded or disfigured.
47-9-30. Use of horse, mare or mule without permission.
Whoever knowingly and wilfully shall take and use any horse, mare or mule without the
consent of the owner thereof, but without intent to steal, shall be guilty of a
misdemeanor and, upon conviction, shall be punished by a fine of not more than five
hundred dollars or by imprisonment for a period of not more than one year or both fine and
imprisonment, in the discretion of the court.
47-9-40. Alterations of teeth of horses or mules.
Any person who files down or drills, bores holes or otherwise makes alterations in the
teeth of any horse or mule for the purpose of deception as to the age of such animal shall
be guilty of a misdemeanor and, upon conviction thereof, shall be punished by imprisonment
for not exceeding thirty days or by a fine not to exceed one hundred dollars.
47-9-50. Permit required for hauling cattle or swine at night by truck.
It shall be unlawful for any person to load or haul by truck any cattle or swine between
the hours of sunset and sunrise, unless such person shall have first applied to the
sheriff or magistrate of the district in which it is desired to load such cattle or swine
to be hauled or shipped and obtained a written permit to do so. Such permit shall show the
name of the permittee, the name of the person from whom the cattle or swine have been
purchased or otherwise acquired and a description of such cattle or swine, including marks
and brands. All such persons loading or hauling cattle or swine under such permits shall
keep the permits on their person during such time and upon signal to stop given by any
county or State officer shall stop and upon request shall exhibit such permit. Provided,
that a permit shall not be necessary when a bill of sale is issued within twenty-four
hours after a purchase at an organized auction sale. Provided, further, that livestock
moving intrastate or interstate that has a freight bill or bill of sale shall not be
required to obtain a permit. Loading or transporting any cattle or swine in violation of
the provisions of this section shall be a misdemeanor punishable by a fine of not more
than one hundred dollars or by a sentence on the public works of the county not exceeding
thirty days.
47-9-210. Definitions.
The following words and phrases, as used in this article, shall have the following
meanings, unless the context otherwise requires:
(1) "Livestock" includes neat cattle, horses, mules, asses, hogs, sheep and goats; and
(2) "Owner" and "stock owner" mean any person who owns livestock.
47-9-220. Branding is lawful.
It is lawful to brand livestock with the owner's brand in accordance with the provisions
of this article.
47-9-230. Earmarking.
In addition to, or as an alternative to, a brand, any person may have an earmark for
marking livestock. All provisions of this article relating to brands shall apply to
earmarks.
47-9-240. One brand per person.
No person shall have or use more than one brand.
47-9-250. Separate brands of wife or minor.
A wife who owns livestock separate from her husband or a minor who owns livestock separate
from his father or guardian may have a brand. The father or guardian of any minor who has
a brand shall be responsible for the proper use thereof.
47-9-260. Application and fee for adoption of brand.
Any person desiring to adopt any brand for branding livestock, which brand is not then the
recorded brand of another, shall forward to the Secretary of State a facsimile of the
desired brand together with a written application to adopt the brand. The application
shall state where the brand will appear on the livestock. A fee of three dollars shall be
enclosed with the application.
47-9-270. Issuance of certificate.
Upon receipt of the application and the fee, the Secretary of State shall register the
brand and issue to the applicant a certificate showing that his brand has been registered,
unless the brand is already registered as the brand of another or unless the brand would
probably be mistaken for a brand already registered, in either of which cases the
Secretary of State shall return the facsimile and the fee to the applicant. The
certificate shall show on its face the brand which has been registered and the place where
the brand will appear on the livestock.
47-9-280. Recording certificate.
Upon receipt of the certificate provided for in s 47-9- 270 from the Secretary of State,
the owner shall record the certificate with the clerk of court in every county where he
has livestock. For each recording the clerk of court shall receive a fee of one dollar. He
shall record the brands in a book for the purpose and the book shall be open to inspection
by the public.
47-9-290. Certificate as evidence of ownership of livestock; foreign certificates.
In any criminal or civil action in which title to livestock is involved or proper to be
proved, the certificate provided for in s 47-9-270 shall, when recorded as provided for in
s 47-9-280, be prima facie evidence of ownership of any livestock bearing the brand shown
on the face of the certificate. When livestock is brought into this State from another
state or territory in transit beyond the boundaries of this State, a copy of a brand
granted or held in the other state or territory, when certified to by the proper officer
in that state, shall be received in evidence under the same circumstances, and shall have
the same effect, as a certificate issued under the provisions of this article.
47-9-300. Expiration and renewal of brands.
On July 1, 1962, and on July first of every tenth year thereafter, the registration,
certification and recording provided for in ss 47-9-260 to 42-9-280 shall expire; but upon
application filed within six months prior to the expiration of any term, the registration
may be renewed for another term. Applications for renewal shall be accompanied by the same
fee as is required for original applications. A certificate as provided for in s 47-9-270
shall be issued upon each renewal, and the certificate shall again be recorded, and the
fee shall be paid to the clerk of court as provided for in s 47-9-280.
47-9-310. Notice of need for renewal.
The Secretary of State shall notify registrants under this article of the necessity of
renewal within the six months next preceding the expiration of registration by writing to
the last known address of the registrants. The notice shall state that if the owner fails
to renew the registration of his brand it will be declared abandoned and allowed to other
applicants.
47-9-320. Abandonment by failure to renew; allowance of abandoned brands.
Failure to renew the registration of a brand as provided in s 47-9-300 shall constitute an
abandonment of the brand. Any brand which has been abandoned may be allowed to other
applicants after the lapse of six months from the expiration of registration; but the
Secretary of State may allow any abandoned brand to the former owner at any time before
the brand is allowed to another.
47-9-330. Transfers of brands.
Any brand registered under the terms of this article may be conveyed to another by an
instrument in writing, in duplicate, duly executed, but the conveyance shall not be
complete until the instrument has been registered with the Secretary of State. Upon
registration of the instrument and payment of a fee of three dollars, the Secretary of
State shall issue to the purchaser, in his name, a new certificate for the remainder of
the term of registration. The certificate shall be recorded, and the fee shall be paid, as
provided for in s 47-9-280.
47-9-340. Cancellation of registration.
The Secretary of State shall cancel the registration of any brand:
(1) At the written request of the owner;
(2) Upon failure to renew the registration in accordance with the terms of this article; or
(3) Upon the order of any court of competent jurisdiction.
47-9-350. Revocation of registration.
The registration of any brand granted under this article may be revoked by the order of
any court in this State upon a showing of improper use of the brand.
47-9-360. Age at which livestock should be branded.
If livestock are branded by the owner, they shall be branded as follows: Neat cattle,
horses, mules and asses shall be branded before they are twelve months old; hogs, sheep
and goats shall be branded before they are six months old. The ages specified herein shall
not apply to livestock which have passed those ages at the time they are acquired by the
owner or at the time the owner is granted a brand under this article; but all such
livestock, if branded by the owner, shall be branded within one month after the time they
are acquired by the owner or the time the owner is granted a brand under this article.
47-9-370. Witnesses required when branding purchased or acquired livestock.
If any owner who purchases or acquires livestock from another brands the livestock with
his own brand, he shall do so in the presence of at least two disinterested parties. The
disinterested parties shall certify in writing that they witnessed the branding of the
livestock. The certificate shall also state (a) where the branding occurred, (b) with what
brand, if any, the livestock were previously branded and (c) with what brand the livestock
were branded or rebranded. The certificate shall be retained by the owner. It shall be
unlawful to brand any livestock purchased or acquired from another other than in the
manner required by this section.
47-9-380. Unlawful branding.
It is unlawful for any person to brand, or to cause to be branded, any livestock:
(1) With any brand unless it has been registered with and certified by the Secretary of State as his brand and has been recorded with the clerk of court in each county where he has livestock;
(2) With any brand which is registered, certified and recorded as the brand of another; or
(3) With any brand which has been abandoned or the registration of which has been canceled, unless the brand has thereafter been granted to him.
47-9-390. Brand records.
The Secretary of State shall keep an accurate record of all brands registered under the
terms of this article and the names and addresses of the owners of the brands, which
records shall be open to inspection by the public.
47-9-400. Rules and regulations.
The Secretary of State may promulgate rules and regulations which, in his judgment, may be
necessary or proper to supplement or clarify the provisions of this article. The violation
of any rule or regulation made and promulgated hereunder shall constitute a violation of
this article.
47-9-410. Violations.
Any person convicted of a violation of this article shall be punished by a fine of not
less than fifty dollars nor more than five
hundred dollars or by imprisonment for not less than thirty days nor more than one year,
or by both such fine and imprisonment.
Reviewed by AAHS in December 2001.