§ 2-34-304 - Duty to keep other stock separated.
2-34-304. Duty to keep other stock separated.
(a) (1) If, in passing through this state, any horses, asses, cattle, sheep, hogs, or other stock should fall in with, or attempt to follow any drove, it shall be the duty of the drover to turn them out or keep them from following.
(2) In no case shall he or she mark, brand, kill, or in any way injure them.
(b) (1) A violation of this section shall be punishable as is prescribed by law for marking, branding, enticing away, or killing stock belonging to another.
(2) If complaint shall be made to any justice of the peace, verified by the affidavit of the complainant, that the drover has violated this section, he or she shall cause a writ to issue, to be called a writ of detention, which writ may be in the following form, viz:
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To cause the detention of the drove or other property of the drover and have the stock examined.
(c) The complainant or any other party may recover his or her property, as in any other case, in which event the drover shall pay all costs accruing under this section.