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     40-21-12.   Holding or sale of livestock or proceeds on failure to establish ownership--Financial responsibility of selling agent--Civil suit--Discretion of inspector--Disposition of proceeds without board's release as misdemeanor. If the seller described in § 40-21-10 or 40-21-11 fails to establish ownership of any livestock, the livestock shall be held or sold. If the livestock are held, disposition by the board shall be made. If sold, the selling agent is financially responsible for the proceeds of the sale and shall hold the proceeds until the board orders the money, along with account of sale, released to the livestock owner or to the South Dakota livestock ownership inspection fund. Such financial responsibility may be enforced by civil suit brought by the board. If the inspector finds livestock carrying a recorded brand which is not the property of the consignor and is not accompanied by a proper bill of sale, affidavit of ownership, or livestock market clearance, the inspector shall designate the livestock as, Hold. The inspector may sell or hold the livestock; and if sold, the selling agency shall hold the proceeds from the sale for sixty days or until the consignor establishes evidence of ownership to the inspector, whichever comes first. All livestock holds after sixty days shall be forwarded by the inspector to the board for review and final disposition, which may include clarification, settlement, or payment related to proper ownership. If a hold has been placed on the proceeds, it is a Class 1 misdemeanor for the selling agent or selling agency to disburse the proceeds to the seller or consignor before the board has cleared the hold for release.

Source: SL 1943, ch 142, § 11; SL 1949, ch 144, § 4; SDC Supp 1960, § 40.12A06; SL 1967, ch 165; SL 1988, ch 328, § 88; SL 1999, ch 206, § 9.


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