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40-28-11Notice to sheriff when livestock owner fails to take up trespassing animals--Sheriff to take possession and care for animals.

If the owner or person who formerly had the animals in charge is unknown, or if he neglects or refuses for three days after receiving notice as provided in § 40-28-8 to take up the animals or to furnish the bond provided for in § 40-28-9, then the person restraining the animals may, instead of retaining them in his own custody, notify the sheriff of the county in which the animals were taken. It is the duty of the sheriff, within three days after receiving notice, to take the offending animals into his possession and to handle them in the same manner as estray animals under the provisions of chapter 40-29.

Source: SL 1921, ch 404; SL 1925, ch 294; SDC 1939 & Supp 1960, § 37.2403; SL 1983, ch 290, § 3.

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