36-12 Herding and Driving
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<![CDATA[CHAPTER 36-12HERDING AND DRIVING36-12-01. Definitions. In this chapter, unless the context or subject matter otherwiserequires:1."Drover" means any person having charge or control of any herd of neat cattle,<br>horses, or mules numbering five or more, or any flock of sheep numbering<br>twenty-five or more, as owner, agent, or employee, while the same are being driven<br>from one place to another not within the same range or neighborhood.2."Herder" means any person having charge or control of any herd or flock as<br>provided in subsection 1, while such herd or flock is subsisting on any public or other<br>rangeland to which the person has no right of possession, whether or not such<br>person is personally present with such herd.3."Stock grower" means any person who keeps neat cattle, horses, mules, sheep,<br>swine, or goats for their growth or increase within this state.36-12-02. Enticing or driving animals away prohibited - Duties of drover or herder.No drover or herder, or assistant of either, may drive or entice away, without the consent of the<br>owner thereof, any animal from the premises of such owner or from the range or other place<br>usually frequented by such animal, nor may such a person suffer any such animal to be driven or<br>enticed away, or to follow, join, or remain with that person's herd or flock. In order to prevent any<br>animal belonging to another person from being driven or enticed away or from following, joining,<br>or remaining with such herd, the drover or herder shall deliver such animal without delay to the<br>owner thereof, if known, or if the owner is unknown, to a resident of the neighborhood or to a<br>peace officer of the county, who shall return it to the owner or dispose of it as an estray as<br>provided in this title.36-12-03. Animals of drover to be branded - Requirements governing. Every drovershall have all animals in the drover's charge or control branded or marked with one uniform brand<br>or mark.Each horse, mule, and head of cattle in the drover's charge or custody must bebranded in a conspicuous place with one distinct ranch or road brand of the owner. All sheep in<br>a drover's charge or custody must be marked distinctly with a mark or device sufficient to<br>distinguish the same readily from other sheep.36-12-04. Finding of animal of another in herd or flock as presumptive evidence.Whenever it is shown that any animal of a kind mentioned in this chapter:1.Has been found in a herd or flock of the same kind of animals;2.Is not a part of such herd or flock; and3.Is in such herd or flock without the consent of the owner of such animal,such facts are presumptive evidence of a violation of the provisions of section 36-12-02 by each<br>drover, herder, or assistant drover or herder having charge or control of such herd or flock at the<br>time of the finding of such animal. Evidence of such facts is admissible in any action brought<br>under the provisions of this chapter.36-12-05. Damages for violation of provisions - Judgment and costs to constitute alien.Every person violating any of the restrictions or requirements prescribed in section36-12-02 is responsible to each person injured thereby to the extent of the injured person's<br>damages, which damages include the reasonable expenses incurred in searching for and<br>recovering the animal found in the herd or flock. If judgment is recovered for such damages,<br>such judgment and costs are enforceable as a lien upon the interest of the defendant in the<br>animals constituting such herd or flock.Page No. 136-12-06. Penalty. Any person who violates any provision of this chapter is guilty of aninfraction.Page No. 2Document Outlinechapter 36-12 herding and driving]]>