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Montana Statutes, Title 81

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Montana/Statutes

← All Montana coverage

Title 81, Title 81

16 chapters · 451 sections in this title.

All chapters in Title 81451 Ch 4, CONTAINMENT OF LIVESTOCK80 Ch 8, MARKETING58 Ch 7, PREDATORY ANIMAL CONTROL48 Ch 22, MANUFACTURED DAIRY PRODUCTS48 Ch 9, SLAUGHTER47 Ch 2, DISEASE CONTROL45 Ch 3, MARKS AND BRANDS23 Ch 6, LIVESTOCK PROTECTIVE ASSOCIATIONS22 Ch 23, MILK PRICE CONTROL19 Ch 1, DEPARTMENT OF LIVESTOCK17 Ch 20, POULTRY AND EGGS13 Ch 5, UNLAWFUL TRANSPORTING OR DRIVING OF …10 Ch 21, DAIRY PRODUCTS6 Ch 29, RESOURCE AND PROPERTY PROTECTION6

80 sections·Filtered byTitle 81✕Ch 4✕

Mont. Code Ann. § 81-4-404 Contents Of Notice
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Said notice shall be in writing and shall give: (1) the number, description, marks, and brands of such stock when impounded, seized, restrained, or held, with the reasons therefor; (2) the amount of charges, if any, which shall be reasonable and in no case exceed the actual cost …
Mont. Code Ann. § 81-4-405 Service Upon Owner
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If the owner of livestock described in this part is known and if the owner's post-office address is known, the notice must be served upon the owner personally.
Mont. Code Ann. § 81-4-406 Service On Department Of Livestock
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If the owner of livestock described in this part is unknown or if the owner is known but the owner's post-office address is unknown, the notice must be served on the department.
Mont. Code Ann. § 81-4-407 Service By Mail
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Service of such notice may be made personally or by registered or certified mail, postage prepaid, properly addressed, and placed in the United States post office at least 8 days before the day fixed for the disposition of said stock.

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Mont. Code Ann. § 81-4-408 Duty Of Officers To Ascertain Brands

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It shall be the duty of such city or town and its officers or agents to use reasonable diligence to ascertain any and all marks and brands on such stock, and in case such animals are not branded or marked or the brand or marks are mutilated or undeterminable, such facts shall be …

Mont. Code Ann. § 81-4-409 Department To Ascertain Owner -- Notice

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When the notice is served, the department shall ascertain the owner of the stock, if possible, and when the owner is ascertained, immediately furnish the owner with the information contained in the notice. The department shall notify the city or town, its officers or agents, of t…

Mont. Code Ann. § 81-4-410 Provisions Mandatory

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The provisions of this part are mandatory, and the owner of livestock may not lose title or right of possession to the owner's stock unless the provisions of this part are strictly complied with.

Mont. Code Ann. § 81-4-501 Definitions

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Unless the context requires otherwise, in this part the following definitions apply: (1) "Abandoned horse" means a horse, mare, gelding, filly, jack, mule, or other animal of the genus Equus, 1 year of age or over and unbranded or, if branded, which has escaped assessment for tax…

Mont. Code Ann. § 81-4-502 Abandoned Horses On Public Range Declared Public Nuisance Subject To Condemnation -- Right Of Owner

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It is unlawful for any person owning or having control of any horse to abandon the horse upon the open range in the state of Montana, and such horses so running at large upon the open range in the state are a public nuisance and a public menace and are condemned, subject to the r…

Mont. Code Ann. § 81-4-503 Roundup Of Abandoned Horses -- Petition -- Expenses

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(1) For the purpose of speedily clearing abandoned horses from the open range in any county or in any district thereof, the board of county commissioners of any such county must, upon the petition of at least five responsible property owners, inhabitants of the proposed roundup d…

Mont. Code Ann. § 81-4-504 Notice Of Holding Roundup -- Publication -- Form

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Notice of the roundup shall be given by the board of county commissioners at least 30 days before the date when the roundup begins. The notices shall be published at least once a week for 3 successive weeks in some newspaper of general circulation, printed and published in the co…

Mont. Code Ann. § 81-4-505 Roundup Supervisor -- Duties -- Bond

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(1) All roundups must be under the control and supervision of the board of county commissioners of the county in which the roundup is held. Roundup districts must be numbered in the order of their creation. Each roundup must be conducted by a person designated or employed by the …

Mont. Code Ann. § 81-4-506 Sale Of Abandoned Horses

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All abandoned horses taken up in a roundup must be delivered to the roundup supervisor in charge of the roundup and must be offered by the supervisor for sale at public auction and sold to the highest bidder for cash, if there is any bidder, and any abandoned horses offered for s…

Mont. Code Ann. § 81-4-507 Gathering Horses In Roundup District Before Roundup Unlawful -- Rights Of Owner

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It is unlawful for a person or persons to round up from the range any horse or horses in a roundup district after the districts have been designated by the county commissioners until after the roundup. However, an owner of horses on which the taxes have been paid in this district…

Mont. Code Ann. § 81-4-508 Claim Of Owner -- Cost Of Keeping And Feeding Horses

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A person claiming to be the owner of an abandoned horse or horses may serve written notice upon the roundup supervisor in charge of the roundup of the claim of ownership at any time before sale or other final disposition of the horse or horses. The claim of ownership must be veri…

Mont. Code Ann. § 81-4-509 Proof Of Ownership -- Payment Of Taxes And Penalties -- Decision Of Commissioners On Claim

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A person claiming an abandoned horse or horses as provided in 81-4-508 shall, within 5 days after serving the notice provided for in 81-4-508 or within a further time that the board of county commissioners allows, upon good cause shown, submit to the board proof of ownership and …

Mont. Code Ann. § 81-4-510 Notice Of Sale Of Abandoned Horses -- Form -- Time Of Sale -- Title

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(1) Before a sale may be held, at least 10 days' notice must be given by publication and posting in the manner specified in 81-4-504, except that publication, if made in a newspaper, must be once each week for 2 successive weeks, and posting must be done at least 5 days before th…

Mont. Code Ann. § 81-4-511 Assessment Of Horses Taken In Roundup

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Following a roundup held pursuant to this part, the department of revenue shall immediately assess all horses that have been taken up in a roundup and that may be sold or reclaimed before sale and not already assessed for the current year. The department of revenue shall transmit…

Mont. Code Ann. § 81-4-512 Disposition Of Proceeds -- Abandoned Horse Fund -- Use Of Fund

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All money paid by reclaiming owners of any horse or horses must be paid to the county treasurer and kept in a fund to be designated as the "abandoned horse fund, roundup district No. .... (giving number of district in which the horse or horses were rounded up)". A separate fund m…

Mont. Code Ann. § 81-4-513 Report Of Roundup Supervisor -- Disposition Of Copies

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The roundup supervisor in charge of the roundup shall keep an accurate record of all proceedings under the order for the roundup. Within 30 days after the roundup is completed, the supervisor shall prepare in triplicate and verify by oath a full, true, and accurate report of all …

Mont. Code Ann. § 81-4-514 Transfer Of Moneys Of Abandoned Horse Fund To General Fund

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On November 30 of each year, the county treasurer shall, if all claims against any such abandoned horse fund are paid and a balance remains in such fund, transfer all moneys so remaining in such fund to the general fund of the county, subject to the usual division with the state …

Mont. Code Ann. § 81-4-515 Liability Of Officers And Employees

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No officer, board, or employee of any county or any employee of any such officer or board shall be liable for any act performed in good faith in discharging official duties under this part. All such acts shall be presumed to have been in good faith and in conformity with this par…

Mont. Code Ann. § 81-4-516 Limitation Of Powers Or Duties Of Officers

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Except as provided in this part, this part may not be construed as limiting the powers or duties of the department of revenue, county treasurers, or other boards or officers.

Mont. Code Ann. § 81-4-601 Estray Defined

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In this part, "estray" means a horse, mule, mare, gelding, colt, llama, alpaca, bison, cow, ox, bull, stag, steer, heifer, calf, sheep, or lamb: (1) not bearing a brand and the ownership of which cannot be determined by the stock inspector of the district in which the animal is f…

Mont. Code Ann. § 81-4-602 Estrays -- Department Authorized To Take Possession

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The department and its appointed stock inspectors may take possession of estrays found running at large in this state and may dispose of the estrays, subject to the following restrictions.

Mont. Code Ann. § 81-4-603 Taking Up And Disposition Of Estrays -- Advertisement

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(1) A stock inspector authorized by the department shall take into possession an estray found in the stock inspector's district and, except as provided in 81-2-120, shall either: (a) ship or arrange for the shipment of the estray to a licensed livestock market for sale; or (b) ho…

Mont. Code Ann. § 81-4-604 Sale At Public Auction -- Branding

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On the date specified in the notice provided for in 81-4-603, the stock inspector shall sell the estray at a public auction to the highest bidder for cash. Before removal from the sale, the stock inspector shall brand the estray with the recorded estray brand of the department.

Mont. Code Ann. § 81-4-605 Expenses, How Paid -- Disposition Of Proceeds Of Sale

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(1) Expenses for collecting, holding, advertising, and selling of the estray, including but not limited to labor, feed, supplies, and veterinary services, shall be paid out of the gross proceeds of the sale of the estray, and the balance of the proceeds of the sale shall be forwa…

Mont. Code Ann. § 81-4-606 Publication Of Description Of Estrays Sold -- Disposition Of Proceeds Remaining In State Treasury

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A full description of estrays for which the proceeds derived from the sale remains in the hands of the treasurer unclaimed shall be published for the period of two consecutive weekly, semimonthly, or monthly issues after May 1 of each year in not more than four weekly, semimonthl…

Mont. Code Ann. § 81-4-621 Penalties

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A person who, for that person's own use or benefit and without the owner's consent, takes into possession any estray shall be guilty of a misdemeanor punishable as provided in 46-18-212.