81-4-207. Castration of animals running at large -- notice to owner -- expense and charges. (1) Except as provided in subsection (3), a person may take up and secure any animal found running at large on the open range. After taking it up the person shall, without unnecessary delay, post at the United States post office or as near as may be to the place where the animal was taken up a notice truly dated and subscribed by the person or the person's agent to the effect that the animal, describing it by marks and brands, if any, color, and sex, was taken up on the day named while it was running at large on the open range in the county, naming the county, and that, unless claimed and removed within 5 days after the date of the posting, the animal will be castrated at the expense of the owner. If the owner, person, firm, corporation, or association having management or control of the animal is known to the person who took the animal up, personal service of the notice upon the owner, person, firm, corporation, or association having management or control of the animal is the equivalent to the posting. The notice, if personally served, may state that, unless the animal is claimed and removed within 2 days after the date of the notice served personally, the animal will be castrated at the expense of the owner.

(2) If the animal taken up is not claimed and removed within 5 days or 2 days, as the case may be, it may lawfully be castrated in the usual manner and doing no more harm than is necessary. The expense of castration must be paid by the owner. If the animal is claimed within the time prescribed, the claimant shall pay to the person who took the animal up the reasonable expense of keeping and feeding the animal since it was taken up and also the sum of $5 for the taking up and giving of the notice. Upon making the payments, the claimant shall immediately remove and take away the animal.

(3) A person shall report a swine running at large on the open range to the board. The board shall determine if the swine is an animal running at large subject to this section or a feral swine subject to the provisions of Title 81, chapter 29, part 1.

History: En. Sec. 3, Ch. 63, L. 1925; amd. Sec. 3, Ch. 85, L. 1931; re-en. Sec. 3400.3, R.C.M. 1935; R.C.M. 1947, 46-1709; amd. Sec. 2648, Ch. 56, L. 2009; amd. Sec. 7, Ch. 429, L. 2015.