Title 40 — ANIMALS AND LIVESTOCK

Any purebred livestock registry association may amend its articles of incorporation by a majority vote of its stockholders at any regular stockholders' meeting or at any special stockholders' meeting called for that purpose upon thirty days' written notice to the stockholders, a …

A purebred livestock registry association may be formed for a term not exceeding fifty years and such term may be extended for like periods of fifty years so long as the members and directors thereof may comply with the Constitution and laws of the State of South Dakota relative …

Any association formed under the provisions of this chapter may extend its term of existence at any time within the last year of its then existing term, as evidenced by its articles of incorporation, or any amended articles, by filing with the secretary of state articles of incor…

The bylaws of a purebred livestock registry association shall be adopted at the organization meeting of the association after its original articles of incorporation have been filed in the Office of the Secretary of State, and such bylaws may be amended at any meeting of the stock…

No person shall be entitled to more than one vote at any stockholders' meeting no matter how many shares of stock or membership certificates in a purebred livestock registry association he may hold, but nothing in this section shall prevent any person from exercising the voting r…

A purebred livestock registry association shall be managed by a board of not less than six nor more than fifteen directors to be elected by and from the stockholders of the association at such time and for such terms as the said bylaws may prescribe and to hold office for the tim…

Any person to whom any domesticated animal shall be entrusted by the owner thereof or pursuant to his authority for the purpose of feeding, herding, pasturing, or ranging shall have a lien thereon for the amount that may be due for such service and supplies except as otherwise pr…

Every duly licensed and registered veterinarian shall have a lien for vaccinating livestock for cholera, anthrax, blackleg, hemorrhagic septicemia, or swine erysipelas from the date of such vaccination upon all livestock so vaccinated. Source: SDC 1939, § 39.1401; SL 1943, ch 141…

Any veterinarian entitled to a lien under § 40-27-12 shall make an account in writing, stating the kind and number of livestock vaccinated, the price agreed upon for such vaccination, which shall not be in excess of the price usually charged for such services, the name of the per…

A lien under § 40-27-12 shall have priority over all conveyances and encumbrances upon said livestock if filed within twenty days from the day on which said vaccination was completed. Source: SDC 1939, § 39.1403.

The lien under § 40-27-12 shall not affect the rights of innocent purchasers or encumbrancers of the livestock unless the lien statement be filed within twenty days after completion of the vaccination. Source: SDC 1939, § 39.1401; SL 1943, ch 141 .

Any lien arising under the provisions of this chapter may be foreclosed under the provisions of chapter 21-53 or under the provisions of chapter 21-54 subject to the right of any person adversely interested to require a foreclosure under chapter 21-53 . Source: SDC 1939, §§ 39.10…

Section 40-27-1 shall not be construed to give a lien upon any animal if the same was not owned by the person entrusting it for keep unless such animal was so entrusted pursuant to authority from the owner. The provisions of such section shall not apply to stolen animals. Source:…

In the event animals subject to a lien under § 40-27-1 shall be mortgaged, the person to whom entrusted may serve notice in writing on the mortgagee to the effect that he is feeding, herding, pasturing, or ranging said animals, or is about to do so. Such notice shall describe the…

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 …

Any person taking up an estray shall provide a written description of the estray and report where the estray was found within ten days thereafter to the county sheriff or the State Brand Board. Any person who fails to notify the sheriff or the board is guilty of a Class 1 misdeme…

If the animal is determined to be an estray by the sheriff or the board, it shall be promptly sold through the most convenient livestock auction market. The net proceeds of such sale shall be paid to the board to be placed into the brand inspection and theft prevention fund. If o…

Any person who finds an estray may within a period of one year from the date the estray is found, file a claim with the board for the expense incurred in feeding and keeping such estray if he reported the estray pursuant to §

Terms used in this chapter mean: (1) "Association," the American Dairy Association of South Dakota; (2) "Dealer," any person who buys, sells, manufactures, processes, or ships dairy products or who acts as sales or purchasing agent, broker, or factor of dairy products; (3) "Perso…

40-31-12 Record of milk handled by dealers and producers--Form--Report--Preservation--Inspection. 40-31-13 Monthly return of dairy products handled by dealer or producer. 40-31-14 Computation of assessment by association when monthly return not filed. 40-31-15 Payment of assessme…

All assessments levied and imposed under this chapter shall be deducted from the price paid to the producer and shall be collected by the first dealer, provided, however, that: (1) Where the producer sells directly to the consumer, the taxes aforesaid shall be collected from such…

All dealers and producers charged under this chapter with the obligation of collecting and remitting the assessment imposed by this chapter shall keep a complete and accurate record of all milk subject to assessments by this chapter which may be handled. The record shall be in su…

Every dealer or producer charged by this chapter or by agreement with the keeping of records provided in this chapter shall, as the American Dairy Association by its regulations may require, file with the association a return on or before the fifteenth day of each month, on forms…

In case any person charged under this chapter with the obligation of filing a return or collecting and remitting the assessment imposed by this chapter fails to make a return when due, or fails to collect or remit such assessment as herein provided, an officer of the American Dai…

Any person charged under this chapter with the obligation of filing a return who fails to do so shall, within ten days after notice of the amount of tax fixed and computed by the officer pursuant to § 40-31-14 is mailed to that person, pay the tax, together with a penalty of ten …

In the case of failure to pay the tax or any portion of the tax, or any penalty or interest provided for in this chapter, when due, the Department of Agriculture and Natural Resources may recover the amount of the tax, penalty, and interest. The provisions of §§ 10-59-11 to 10-59…