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; and 3. 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 drover, herder, or assistant drover or herder having charge or control of such herd or flock at the time of the finding of such animal. Evidence of such facts is admissible in any action brought under the provisions of this chapter.
36-12-05. Damages for violation of provisions - Judgment and costs to constitute a lien. Every person violating any of the restrictions or requirements prescribed in section 36-12-02 is responsible to each person injured thereby to the extent of the injured person's damages, which damages include the reasonable expenses incurred in searching for and recovering the animal found in the herd or flock. If judgment is recovered for such damages, such judgment and costs are enforceable as a lien upon the interest of the defendant in the animals constituting such herd or flock.