Title 40 — ANIMALS AND LIVESTOCK

It is a petty offense for the owner or person in charge of any stallion over the age of eighteen months, or any bull over the age of ten months, or any ram or boar over the age of eight months to permit the same to run at large. Source: SDC 1939, §§ 40.1311, 40.9920; SL 1977, ch …

If the person aggrieved is not satisfied with the sufficiency of the bond and the parties cannot agree, a bond shall be furnished and shall be approved by the sheriff and after his approval the person holding the trespassing animal or animals is required to turn them over to the …

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 …

The sheriff has a lien upon animals taken into his possession pursuant to § 40-28-11 for the expenses incurred by him as outlined in chapter 40-29 . Source: SL 1921, ch 404 ; SL 1925, ch 294 ; SDC 1939 & Supp 1960, § 37.2403; SL 1983, ch 290 , § 4.

Every person who takes or attempts to take any animal, restrained under the provisions of this chapter, from the possession of the person having the same in charge, without the consent of such person, except by due course of law, is guilty of a Class 2 misdemeanor. Source: SL 188…

The owner or person having in charge animals taken into the sheriff's possession pursuant to § 40-28-11 may recover the same from the sheriff at any time before the sale by paying all damages and costs or by furnishing to the sheriff the bond provided for in § 40-28-9 and at the …

If possession of animals taken into the sheriff's possession pursuant to § 40-28-11 shall not be recovered from the sheriff by the owner or person who had the same in charge as provided in § 40-28-14 , within three days after such taking, then the sheriff shall forthwith proceed …

If the proceeds of a sale pursuant to § 40-28-15 shall be insufficient to reimburse the sheriff for his costs and disbursements as provided in § 40-28-12 , then the county shall reimburse the sheriff for such costs and disbursements as he may have expended in the taking, caring f…

The county and the person suffering damage from such trespass may sue jointly or severally for their several costs, expenses, and damages; provided that the receipts of the sale shall be applied in the following manner: first, in payment of costs, expenses, and disbursements of t…

Damages under § 40-28-4 may be recovered in a civil action, in any court having jurisdiction thereof in the county where such damage may have occurred, and the proceedings shall be the same as in other civil actions, except as modified in this chapter. Source: CCivP 1877, § 747; …

It shall be lawful for any person to castrate or cause to be castrated any animal described in § 40-28-1 found running at large; but if any person shall castrate any stallion, bull, ram, or boar, and it shall be proved that such animal was not of a class of stock prohibited from …

Any person seeking to recover damages pursuant to § 40-28-18 shall file suit no later than one year after the trespass occurred or six months after he knew or should have known of the injury resulting from the trespass. Source: SL 1883, ch 115 , § 1; CL 1887, § 5569; RCCivP 1903,…

If the person suffering damage fails to bring an action within the time required or if there is a surplus remaining after the satisfaction of the judgment, the proceeds of a sale pursuant to § 40-28-15 shall be paid by the clerk of courts to the owner of the animals. If the owner…

If upon the trial of an action brought under § 40-28-18 it appears that the defendant is not the owner or person in charge of such offending animal or animals, the action shall be dismissed, and such animal or animals shall be held and considered as estrays and the person claimin…

Upon the trial of an action under the provisions of this chapter, the plaintiff shall recover the amount of damages sustained and the expenses of keeping the trespassing animal or animals during the time he has restrained and retained the custody thereof. Source: CCivP 1877, § 75…

If it shall appear upon the trial of an action under the provisions of this chapter that no damage was sustained, judgment shall be rendered against the plaintiff for cost of suit and damage sustained by defendant. Source: CCivP 1877, § 751; CL 1887, § 5573; RCCivP 1903, § 821; S…

Any judgment rendered in an action under the provisions of this chapter shall be a lien upon such animals and the same may be sold and the proceeds applied to the satisfaction of the judgment as in other cases of sale of personal property on execution. Source: CCivP 1877, § 751; …

No property shall be exempt from seizure and sale under executions issued upon any judgment obtained under or by virtue of this chapter except such as is absolutely exempt. Source: CCivP 1877, § 747; SL 1883, ch 115 , § 1; CL 1887, § 5569; RCCivP 1903, § 817; SL 1907, ch 244 , § …

For the purpose of §§ 40-28-1 and 40-28-2 the term "running at large" shall mean intentionally left outside of the inclosure of a legal fence, and off of the lands owned or controlled by the owner of such animal. Source: SDC 1939, § 40.1311.

Except as in this chapter otherwise provided, any person owning or having charge or possession of any buffalo, horses, mules, cattle, goats, sheep, or swine that trespass upon the land, either fenced or unfenced, owned by or in possession of any person, or being cropped by any pe…

No person is liable for damages caused by buffalo, horses, cattle, mules, goats, or sheep owned by the person, that trespass upon lands within the exterior boundaries of the Black Hills and Harney National Forests, if the lands were not at the time of the trespass enclosed by a l…

The person claiming injury from trespass of livestock, before commencing action thereon shall notify the owner or person having in charge such livestock, of the injury and probable amount of the damages, provided he knows to whom such livestock belongs. Source: CCivP 1877, § 749;…

Any person suffering injury from trespass of livestock may retain and keep in custody such offending animal or animals until the damages and costs are paid, or until good and sufficient security be given for the same. Source: CCivP 1877, § 750; SL 1885 (Spec. Laws), ch 17 , § 7; …

Whenever any animal or animals are restrained under § 40-28-7 , the person restraining the same shall forthwith notify the owner or person in whose custody the same were at the time the trespass was committed, of the seizure thereof, providing the owner or person who had the same…

The security required by § 40-28-7 shall be in the form of a bond or other undertaking, signed by the owner of the trespassing animal or animals and shall run to the person claiming damages. The bond or other undertaking shall be for twice the amount of damages claimed and in no …