reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 81. Livestock › Chapter 4. Containment of Livestock › Part 5. Roundup of Abandoned Horses › 81-4-503. Roundup of abandoned horses -- petition -- expenses

81-4-503. Roundup of abandoned horses -- petition -- expenses.
(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 district engaged in the livestock business and paying taxes upon livestock in such county, or upon the petition of a reputable local livestock association, authorize a roundup of abandoned horses in any district within such county.
(2) Upon the filing of such petition, the board shall make an order authorizing such roundup, which order shall describe generally such district with reasonable certainty. Said district shall not include more or less territory than that described in the petition. Such order shall also specify the date on or within 10 days after which the roundup shall begin and shall designate the place within the district at which the headquarters of such roundup shall be maintained.
(3) Any such roundup shall be conducted in such manner as to cause as little disturbance as reasonably possible to horses running lawfully on the open range.
(4) All expense of any such roundup shall be paid by the petitioners at whose request the same is initiated, and no county officer or board shall have any power to expend any moneys of the county or incur any obligation on its behalf in connection with any such roundup. Such petitioners, however, shall be reimbursed for the expense of such roundup, as and when moneys may be available for that purpose in the abandoned horse fund, by warrants issued upon claims filed as in the case of other claims against the county.
History: En. Sec. 3, Ch. 140, L. 1925; amd. Sec. 1, Ch. 29, L. 1927; re-en. Sec. 3406.3, R.C.M. 1935; R.C.M. 1947, 46-1803.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 4. Containment of Livestock › Part 5. Roundup of Abandoned Horses › 81-4-504. Notice of holding roundup -- publication -- form

81-4-504. Notice of holding roundup -- publication -- form.
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 county in which the roundup is to be held, if a newspaper of this type is printed and published in the county. The notice shall be posted in at least five public places outside of the county seat of the county on public highways in the county or district, as the case may be, in which the roundup is to be held. Three notices shall be posted in three public places in the county seat. One of the notices shall be posted at the front door of the courthouse. The notices posted outside of the county seat are to be posted not less than 2 miles apart, and all posted notices are to be posted at least 20 days before the date on which the roundup begins as stated in the notice. If no newspaper is printed and published in the county, publication in a newspaper is not required. At least 20 days before the date on which the roundup is to begin, a copy of the notice shall be filed with the department by the clerk of the board of county commissioners.
History: En. Sec. 4, Ch. 140, L. 1925; amd. Sec. 1, Ch. 29, L. 1927; re-en. Sec. 3406.4, R.C.M. 1935; amd. Sec. 149, Ch. 310, L. 1974; R.C.M. 1947, 46-1804.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 4. Containment of Livestock › Part 5. Roundup of Abandoned Horses › 81-4-505. Roundup supervisor -- duties -- bond

81-4-505. Roundup supervisor -- duties -- bond.
(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 board of county commissioners, whose official designation must be "roundup supervisor, .... roundup district, .... County, state of Montana".
(2) The roundup supervisor shall maintain headquarters at the place designated by the board of county commissioners in its order as the headquarters of the roundup. The roundup supervisor has the power to administer oaths and affirmations in all matters coming within the scope of official duties.
(3) If the roundup supervisor is not employed by the board of county commissioners, the board shall require from the roundup supervisor an official bond, in an amount not less than $2,500 and not to exceed $5,000. The bond must be conditioned as official bonds of county officers and is subject to all provisions of law applicable to county officer bonds.
History: En. Sec. 5, Ch. 140, L. 1925; amd. Sec. 1, Ch. 29, L. 1927; re-en. Sec. 3406.5, R.C.M. 1935; R.C.M. 1947, 46-1805(part); amd. Sec. 2659, Ch. 56, L. 2009; amd. Sec. 35, Ch. 291, L. 2009.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 4. Containment of Livestock › Part 5. Roundup of Abandoned Horses › 81-4-506. Sale of abandoned horses

81-4-506. Sale of abandoned horses.
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 sale and for which no bid is made must be destroyed or otherwise disposed of in the discretion of the board of county commissioners unless reclaimed as provided in this part.
History: En. Sec. 5, Ch. 140, L. 1925; amd. Sec. 1, Ch. 29, L. 1927; re-en. Sec. 3406.5, R.C.M. 1935; R.C.M. 1947, 46-1805(part); amd. Sec. 2660, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 4. Containment of Livestock › Part 5. Roundup of Abandoned Horses › 81-4-507. Gathering horses in roundup district before roundup unlawful -- rights of owner

81-4-507. Gathering horses in roundup district before roundup unlawful -- rights of owner.
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 may gather the horses by notifying the roundup supervisor and being accompanied by the supervisor or a representative of the supervisor in gathering the horses.
History: En. Sec. 1, Ch. 29, L. 1927; re-en. Sec. 3406.16, R.C.M. 1935; R.C.M. 1947, 46-1815; amd. Sec. 2661, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 4. Containment of Livestock › Part 5. Roundup of Abandoned Horses › 81-4-508. Claim of owner -- cost of keeping and feeding horses

81-4-508. Claim of owner -- cost of keeping and feeding horses.
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 verified by the oath of the claimant or someone on the claimant's behalf, and the sale or other final disposition of the horse or horses must be postponed from time to time as may be necessary to enable the claimant to make proof of the claim as provided in 81-4-509. The postponement may not be allowed unless the claimant pays to the roundup supervisor in charge of the roundup or delivers to the supervisor satisfactory security for the estimated cost of keeping and feeding the horse or horses until sale or other final disposition or delivery to the owner.
History: En. Sec. 6, Ch. 140, L. 1925; amd. Sec. 1, Ch. 29, L. 1927; re-en. Sec. 3406.6, R.C.M. 1935; R.C.M. 1947, 46-1806; amd. Sec. 2662, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 4. Containment of Livestock › Part 5. Roundup of Abandoned Horses › 81-4-509. Proof of ownership -- payment of taxes and penalties -- decision of commissioners on claim

81-4-509. Proof of ownership -- payment of taxes and penalties -- decision of commissioners on claim.
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 shall deposit with the board the amount of any unpaid taxes and penalties that may be assessed against the horse or horses, together with a $100 roundup fee. The board shall decide all cases in preference to all other matters coming before it and at the earliest possible moment. If the claim is allowed, the roundup supervisor in charge of the roundup must immediately be notified of the decision and the supervisor shall deliver the horse or horses to the owner upon payment of any amount due from the owner for the estimated cost of keeping and feeding the horse or horses. The deposit made by the owner of taxes, penalties, and the roundup fee must be delivered by the board to the county treasurer. If the board denies the claim of ownership, it shall notify the person in charge of the roundup of its decision and the horse or horses as to which the claim is denied must be offered for sale at the earliest convenient session of the sales being held under the roundup. If the horses are not sold, they must be destroyed or otherwise disposed of as though no claim had been presented.
History: En. Sec. 7, Ch. 140, L. 1925; amd. Sec. 1, Ch. 29, L. 1927; re-en. Sec. 3406.7, R.C.M. 1935; R.C.M. 1947, 46-1807; amd. Sec. 2663, Ch. 56, L. 2009; amd. Sec. 36, Ch. 291, L. 2009.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 4. Containment of Livestock › Part 5. Roundup of Abandoned Horses › 81-4-510. Notice of sale of abandoned horses -- form -- time of sale -- title

81-4-510. Notice of sale of abandoned horses -- form -- time of sale -- title.
(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 the date of sale. The notice must be in substantially the following form:
NOTICE OF SALE OF ABANDONED HORSES
Notice is given that on .... day, the .... day of ...., 20..., at .... in the county of ...., state of Montana, beginning at the hours of ....m., the following described abandoned horses will be sold at public auction to the highest bidder for cash:
(Give general description of horses to be sold by brand, if any, color, approximate weight, and estimated age.)
Any horses not reclaimed before sale as provided by law and for which no bid is made at the sale will be destroyed or otherwise disposed of in the discretion of the board of county commissioners of .... County, state of Montana.
Dated the .... day of ...., 20...
By order of the board of county commissioners of .... County, Montana.
By ...., clerk of the board.
(2) All sales must be held between the hours of 8 a.m. and 6 p.m. and may be continued from time to time until all abandoned horses taken in the roundup have been disposed of. On payment of the price bid for any horse sold, the delivery of the horse, with a bill of sale, vests the title to the horse in the purchaser.
History: En. Sec. 8, Ch. 140, L. 1925; amd. Sec. 1, Ch. 29, L. 1927; re-en. Sec. 3406.8, R.C.M. 1935; R.C.M. 1947, 46-1808; amd. Sec. 97, Ch. 51, L. 1999.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 4. Containment of Livestock › Part 5. Roundup of Abandoned Horses › 81-4-511. Assessment of horses taken in roundup

81-4-511. Assessment of horses taken in roundup.
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 to the county treasurer a copy of each assessment made. Any horses that have escaped the assessment mentioned in 81-4-501 must be assessed as provided for in 15-8-306.
History: En. Sec. 9, Ch. 140, L. 1925; amd. Sec. 1, Ch. 29, L. 1927; re-en. Sec. 3406.9, R.C.M 1935; R.C.M. 1947, 46-1809; amd. Sec. 150, Ch. 27, Sp. L. November 1993.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 4. Containment of Livestock › Part 5. Roundup of Abandoned Horses › 81-4-512. Disposition of proceeds -- abandoned horse fund -- use of fund

81-4-512. Disposition of proceeds -- abandoned horse fund -- use of fund.
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 must be kept by the county treasurer for each roundup district created in that county. All money received from the sale of horses must be paid to the county treasurer, and if the sum received from the sale of any horse does not exceed the taxes, the penalties, and the roundup fee, the whole amount must be immediately deposited in the abandoned horse fund for the district in which the horse or horses were rounded up. If the sum received from the sale of a horse exceeds the taxes, the penalties, and the roundup fee, the amount of the taxes, the penalties, and the roundup fee must be deposited in the abandoned horse fund for the district and the excess must be kept by the treasurer in a separate fund. The treasurer shall make a record of the description of the horse, the amount received for the horse, and the amount of deductions for the taxes, the penalties, and the roundup fee. The record must be open to public inspection. A person making claim to the board of county commissioners, at any time within 6 months from the date of sale, of ownership of the horse and submitting proof of ownership to the board with the claim, to the satisfaction of the board, is entitled to receive the excess received from the sale of the horse. Any money received from the sale of a horse in excess of the taxes, the penalties, and the roundup fee that is not claimed within 6 months after the sale, at the expiration of that period, becomes the property of the county and must be transferred to the abandoned horse fund for the district in which the horse was rounded up.
History: En. Sec. 10, Ch. 140, L. 1925; amd. Sec. 1, Ch. 29, L. 1927; re-en. Sec. 3406.10, R.C.M. 1935; R.C.M. 1947, 46-1810; amd. Sec. 2664, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 4. Containment of Livestock › Part 5. Roundup of Abandoned Horses › 81-4-513. Report of roundup supervisor -- disposition of copies

81-4-513. Report of roundup supervisor -- disposition of copies.
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 the proceedings under the order for the roundup. The report must include a complete financial statement, the number and description of horses impounded, and the manner of disposition of the horses. One copy of the report must be filed with the clerk of the board of county commissioners, and the filing is notice of the contents of the report and prima facie proof of the facts stated in the report. Copies of the report must be filed with the department of revenue and with the county treasurer for their information and appropriate action.
History: En. Sec. 11, Ch. 140, L. 1925; amd. Sec. 1, Ch. 29, L. 1927; re-en. Sec. 3406.11, R.C.M. 1935; R.C.M. 1947, 46-1811; amd. Sec. 151, Ch. 27, Sp. L. November 1993; amd. Sec. 2665, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 4. Containment of Livestock › Part 5. Roundup of Abandoned Horses › 81-4-514. Transfer of moneys of abandoned horse fund to general fund

81-4-514. Transfer of moneys of abandoned horse fund to general fund.
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 as to any portion of such balance which shall consist of taxes collected on the abandoned horses. No part of the roundup fee of $5 shall be paid to the state. Any portion of the taxes so collected which shall be used in paying claims against said fund is hereby declared to be a part of the cost of collection of such taxes.
History: En. Sec. 12, Ch. 140, L. 1925; amd. Sec. 1, Ch. 29, L. 1927; re-en. Sec. 3406.12, R.C.M. 1935; R.C.M. 1947, 46-1812.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 4. Containment of Livestock › Part 5. Roundup of Abandoned Horses › 81-4-515. Liability of officers and employees

81-4-515. Liability of officers and employees.
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 part.
History: En. Sec. 13, Ch. 140, L. 1925; amd. Sec. 1, Ch. 29, L. 1927; re-en. Sec. 3406.13, R.C.M. 1935; R.C.M. 1947, 46-1813.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 4. Containment of Livestock › Part 5. Roundup of Abandoned Horses › 81-4-516. Limitation of powers or duties of officers

81-4-516. Limitation of powers or duties of officers.
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.
History: En. Sec. 14, Ch. 140, L. 1925; amd. Sec. 1, Ch. 29, L. 1927; re-en. Sec. 3406.13, R.C.M. 1935; R.C.M. 1947, 46-1814; amd. Sec. 152, Ch. 27, Sp. L. November 1993.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 4. Containment of Livestock › Part 6. Estrays › 81-4-601. Estray defined

81-4-601. Estray defined.
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 found by inquiry among reputable resident stock owners or freeholders;
(2) bearing a recorded brand, the owner of which brand cannot be located at or through the post office designated on the records of the department or which owner cannot be located by the stock inspector of the district where the estray is found by inquiry among reputable resident stock owners or freeholders; or
(3) which bears an unrecorded brand, the owner of which unrecorded brand cannot be ascertained by the stock inspector of the district in which the animal is found by inquiry among reputable resident stock owners or freeholders.
History: En. Sec. 5, Ch. 34, L. 1915; re-en. Sec. 3337, R.C.M. 1921; re-en. Sec. 3337, R.C.M. 1935; amd. Sec. 1, Ch. 112, L. 1959; amd. Sec. 1, Ch. 37, L. 1963; amd. Sec. 137, Ch. 310, L. 1974; R.C.M. 1947, 46-1005; amd. Sec. 16, Ch. 166, L. 1989; amd. Sec. 11, Ch. 417, L. 1993.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 4. Containment of Livestock › Part 6. Estrays › 81-4-602. Estrays -- department authorized to take possession

81-4-602. Estrays -- department authorized to take possession.
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.
History: En. Sec. 1, Ch. 34, L. 1915; re-en. Sec. 3333, R.C.M. 1921; re-en. Sec. 3333, R.C.M. 1935; amd. Sec. 133, Ch. 310, L. 1974; R.C.M. 1947, 46-1001.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 4. Containment of Livestock › Part 6. Estrays › 81-4-603. Taking up and disposition of estrays -- advertisement

81-4-603. Taking up and disposition of estrays -- advertisement.
(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) hold the estray and care for the estray in the cheapest and most practicable manner for at least 10 days and not more than 30 days after public notice is published as provided in subsection (2). During the holding period, the stock inspector shall advertise that the estray is being held and that unless the estray is claimed by the owner, the stock inspector will on a date specified in the notice sell the estray at a public auction to the highest bidder for cash.
(2) The notice must be published in the newspaper doing the county printing of the county in which the estray is found and on the department's website and in each livestock market brand office and county sheriff's office in the state. This notice must be published in the newspaper at least one time and must contain a statement of the date of the sale, the place where the sale is to be held, and a general description of the estray, including the sex and the approximate age, together with an illustration of the brand and the position of the brand on the estray and a description of the place or locality where the estray was found or taken.
(3) Except as provided in 81-2-120, the proceeds from the sale must be disposed of under 81-4-605 and 81-4-606.
(4) The owner of the estray may appear and claim it at any time before the sale or shipment, as provided in this part, upon payment to the department of the cost of caring for the estray as determined by the department.
History: En. Sec. 2, Ch. 34, L. 1915; re-en. Sec. 3334, R.C.M. 1921; re-en. Sec. 3334, R.C.M. 1935; amd. Sec. 1, Ch. 34, L. 1943; amd. Sec. 134, Ch. 310, L. 1974; R.C.M. 1947, 46-1002; amd. Sec. 17, Ch. 166, L. 1989; amd. Sec. 2666, Ch. 56, L. 2009; amd. Sec. 1, Ch. 269, L. 2009; amd. Sec. 6, Ch. 403, L. 2011.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 4. Containment of Livestock › Part 6. Estrays › 81-4-604. Sale at public auction -- branding

81-4-604. Sale at public auction -- branding.
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.
History: En. Sec. 3, Ch. 34, L. 1915; re-en. Sec. 3335, R.C.M. 1921; re-en. Sec. 3335, R.C.M. 1935; amd. Sec. 135, Ch. 310, L. 1974; R.C.M. 1947, 46-1003.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 4. Containment of Livestock › Part 6. Estrays › 81-4-605. Expenses, how paid -- disposition of proceeds of sale

81-4-605. Expenses, how paid -- disposition of proceeds of sale.
(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 forwarded to the department to be advertised as estray funds in the manner provided by law. The proceeds are subject to claim by the owner of the animal for a period of 2 years from the date of the sale. If the owner of the estray claims the animal before the sale of the animal, the expense incurred by the stock inspector to that time shall be paid by the owner.
(2) The department may adopt rules and establish fees for the handling of estrays.
History: En. Sec. 4, Ch. 34, L. 1915; re-en. Sec. 3336, R.C.M. 1921; re-en. Sec. 3336, R.C.M. 1935; amd. Sec. 136, Ch. 310, L. 1974; R.C.M. 1947, 46-1004; amd. Sec. 1, Ch. 34, L. 1979; amd. Sec. 12, Ch. 444, L. 1983.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 4. Containment of Livestock › Part 6. Estrays › 81-4-606. Publication of description of estrays sold -- disposition of proceeds remaining in state treasury

81-4-606. Publication of description of estrays sold -- disposition of proceeds remaining in state treasury.
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, semimonthly, or monthly publications in this state. The publications shall be designated by the department, and when the publication has been made and the proceeds from the sale of the estrays has remained in the hands of the state treasurer for a period of 2 years, it shall be, by the treasurer, upon request of the department, immediately placed to the credit of the state special revenue fund for the use of the department.
History: En. Sec. 5, Ch. 2, L. 1911; amd. Sec. 1, Ch. 20, L. 1919; re-en. Sec. 3338, R.C.M. 1921; amd. Sec. 1, Ch. 63, L. 1927; re-en. Sec. 3338, R.C.M. 1935; amd. Sec. 1, Ch. 95, L. 1941; amd. Sec. 107, Ch. 147, L. 1963; amd. Sec. 138, Ch. 310, L. 1974; R.C.M. 1947, 46-1006; amd. Sec. 1, Ch. 277, L. 1983.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 4. Containment of Livestock › Part 6. Estrays › 81-4-607. Repealed

81-4-607. Repealed.
Sec. 21, Ch. 166, L. 1989.
History: En. Sec. 1, Ch. 94, L. 1907; Sec. 1820, Rev. C. 1907; re-en. Sec. 3341, R.C.M. 1921; amd. Sec. 1, Ch. 29, L. 1923; re-en. Sec. 3341, R.C.M. 1935; amd. Sec. 1, Ch. 137, L. 1943; amd. Sec. 1, Ch. 99, L. 1957; amd. Sec. 139, Ch. 310, L. 1974; R.C.M. 1947, 46-1008.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 4. Containment of Livestock › Part 6. Estrays › 81-4-608. Repealed

81-4-608. Repealed.
Sec. 21, Ch. 166, L. 1989.
History: En. Sec. 2, Ch. 94, L. 1907; Sec. 1821, Rev. C. 1907; re-en. Sec. 3342, R.C.M. 1921; re-en. Sec. 3342, R.C.M. 1935; R.C.M. 1947, 46-1010.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 4. Containment of Livestock › Part 6. Estrays › 81-4-609. Repealed

81-4-609. Repealed.
Sec. 21, Ch. 166, L. 1989.
History: En. Sec. 3, Ch. 94, L. 1907; Sec. 1822, Rev. C. 1907; re-en. Sec. 3343, R.C.M. 1921; re-en. Sec. 3343, R.C.M. 1935; amd. Sec. 140, Ch. 310, L. 1974; amd. Sec. 44, Ch. 12, L. 1977; R.C.M. 1947, 46-1011.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 4. Containment of Livestock › Part 6. Estrays › 81-4-610. Repealed

81-4-610. Repealed.
Sec. 21, Ch. 166, L. 1989.
History: En. Sec. 4, Ch. 94, L. 1907; Sec. 1823, Rev. C. 1907; re-en. Sec. 3344, R.C.M. 1921; re-en. Sec. 3344, R.C.M. 1935; amd. Sec. 141, Ch. 310, L. 1974; R.C.M. 1947, 46-1012.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 4. Containment of Livestock › Part 6. Estrays › 81-4-621. Penalties

81-4-621. Penalties.
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.
History: (1)En. Sec. 2, Ch. 169, L. 1921; re-en. Sec. 3340, R.C.M. 1921; re-en. Sec. 3340, R.C.M. 1935; Sec. 46-1007, R.C.M. 1947; (2)En. Sec. 2, Ch. 29, L. 1923; re-en. Sec. 3341.1, R.C.M. 1935; Sec. 46-1009, R.C.M. 1947; (3)En. Sec. 5, Ch. 94, L. 1907; Sec. 1824, Rev. C. 1907; re-en. Sec. 3345, R.C.M. 1921; re-en. Sec. 3345, R.C.M. 1935; Sec. 46-1013, R.C.M. 1947; R.C.M. 1947, 46-1007, 46-1009, 46-1013; amd. Sec. 55, Ch. 557, L. 1987; amd. Sec. 18, Ch. 166, L. 1989; amd. Sec. 4, Ch. 92, L. 1995.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 5. Unlawful Transporting or Driving of Livestock › Part 1. Unlawful Driving of Animals › 81-5-101. Moving livestock from customary range forbidden

81-5-101. Moving livestock from customary range forbidden.
(1) A person who willfully moves or causes to be moved any cattle, horses, mules, swine, llamas, alpacas, domestic bison, or sheep from their owner's customary range without the permission of the owner shall upon conviction be punished by imprisonment in the county jail not exceeding 6 months or by a fine not exceeding $500, or both.
(2) A person who negligently moves or causes to be moved any cattle, horses, mules, swine, llamas, alpacas, domestic bison, or sheep from their owner's customary range without the permission of the owner shall upon conviction be punished by:
(a) a term of imprisonment in the county jail not to exceed 6 months;
(b) a fine not exceeding:
(i) $25 for a first offense;
(ii) $250 for a second offense; and
(iii) $500 for a third or subsequent offense; or
(c) both imprisonment and the appropriate fine.
(3) Prior to the imposition of the penalty provided for in subsection (1) or (2), the owner of the livestock shall file a complaint with the department. The department shall conduct an investigation to determine the circumstances under which the livestock were moved.
History: En. Sec. 1, Ch. 60, L. 1919; re-en. Sec. 11549, R.C.M. 1921; re-en. Sec. 11549, R.C.M. 1935; Sec. 94-3568, R.C.M. 1947; redes. 46-3002 by Sec. 29, Ch. 513, L. 1973; R.C.M. 1947, 46-3002; amd. Sec. 1, Ch. 18, L. 1983; amd. Sec. 19, Ch. 166, L. 1989; amd. Sec. 12, Ch. 417, L. 1993; amd. Sec. 5, Ch. 92, L. 1995; amd. Sec. 7, Ch. 403, L. 2011.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 5. Unlawful Transporting or Driving of Livestock › Part 1. Unlawful Driving of Animals › 81-5-102. Driving animals upon railroad track

81-5-102. Driving animals upon railroad track.
If a person willfully drives an animal upon a railroad track with intent to injure the corporation or persons owning the railroad and such animal is killed or injured thereby, the person is punishable by a fine not exceeding $50,000 or imprisonment in the state prison not exceeding 5 years, or both, and is liable for all injury or damage occasioned by reason of such act.
History: Ap. p. Sec. 1191, Pen. C. 1895; re-en. Sec. 8865, Rev. C. 1907; re-en. Sec. 11555, R.C.M. 1921; re-en. Sec. 11555, R.C.M. 1935; redes. 46-3003 by Sec. 29, Ch. 513, L. 1973; Sec. 46-3003, R.C.M. 1947; Ap. p. Sec. 724, 5th Div. Comp. Stat. 1887; amd. Sec. 957, Civ. C. 1895; re-en. Sec. 4316, Rev. C. 1907; re-en. Sec. 6547, R.C.M. 1921; re-en. Sec. 6547, R.C.M. 1935; Sec. 72-408, R.C.M. 1947; R.C.M. 1947, 46-3003, 72-408; amd. Sec. 4, Ch. 14, L. 1979; amd. Sec. 7, Ch. 198, L. 1981.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 5. Unlawful Transporting or Driving of Livestock › Part 1. Unlawful Driving of Animals › 81-5-103. Abandonment of sheep -- penalty

81-5-103. Abandonment of sheep -- penalty.
A person who has, by virtue of employment as herder, driver, or otherwise, the charge or custody of sheep and who willfully abandons the sheep or allows them to stray from the person's charge or custody shall, upon conviction, be punished by a fine of not less than $100, by imprisonment of not less than 3 months or more than 1 year, or by both. However, if the person who has charge or custody of the sheep gave the owner of the sheep or the owner's authorized agent at least 5 days' notice of the intention to quit employment, the person may not be considered to have abandoned the sheep, within the meaning of this section, by leaving the sheep after the expiration of the period.
History: En. Sec. 1, Ch. 116, L. 1909; re-en. Sec. 11550, R.C.M. 1921; re-en. Sec. 11550, R.C.M. 1935; Sec. 94-35-200, R.C.M. 1947; redes. 46-3004 by Sec. 29, Ch. 513, L. 1973; R.C.M. 1947, 46-3004; amd. Sec. 2667, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 5. Unlawful Transporting or Driving of Livestock › Part 1. Unlawful Driving of Animals › 81-5-104. Stolen livestock -- seizure and forfeiture of vehicle and certain other property used in theft or transportation

81-5-104. Stolen livestock -- seizure and forfeiture of vehicle and certain other property used in theft or transportation.
(1) The use of a vehicle, money, equipment, or personalty for the theft or transportation of a stolen mule, horse, mare, colt, foal, filly, sheep, lamb, cow, calf, heifer, steer, bull, llama, alpaca, domestic bison, hogs, poultry, ostrich, rhea, emu, or the products of stolen livestock is unlawful. Any vehicle, money, equipment, or personalty used for the theft or unlawful transportation or upon probable cause believed to be devoted wholly or in part to the theft or unlawful transportation must be seized and held.
(2) Within 45 days after the seizure, a peace officer or officer of the agency that seizes the property shall file a petition to institute forfeiture proceedings with the clerk of the district court of the county in which the seizure occurs. The clerk shall issue a summons at the request of the petitioning party, who shall serve the summons upon all owners or claimants of the property by one of the following methods:
(a) upon an owner or claimant whose address is known, by personal service of a copy of the petition and summons as provided in the Montana Rules of Civil Procedure;
(b) upon an owner or claimant whose address is unknown but who is believed to have an interest in the property, by publication of the summons in one issue of a newspaper of general circulation in the county where the seizure occurred or, if there is no newspaper of general county circulation, by publication in one issue of a newspaper of general circulation in an adjoining county and by mailing a copy of the petition and summons to the most recent address of the owner or claimant, if any, shown in the records of the division of motor vehicles.
(3) A vehicle is not subject to forfeiture under this section if:
(a) it is a stolen vehicle at the time it is used for unlawful transportation; or
(b) the vehicle owner is not in collusion with the party or parties guilty of the theft.
History: En. Sec. 1, Ch. 80, L. 1931; re-en. Sec. 11552.1, R.C.M. 1935; amd. Sec. 1, Ch. 132, L. 1963; Sec. 94-35-204, R.C.M. 1947; redes. 46-3005 by Sec. 29, Ch. 513, L. 1973; R.C.M. 1947, 46-3005; amd. Sec. 4, Ch. 563, L. 1985; amd. Sec. 20, Ch. 166, L. 1989; amd. Sec. 1, Ch. 108, L. 1993; amd. Sec. 13, Ch. 417, L. 1993; amd. Sec. 10, Ch. 206, L. 1995; amd. Sec. 8, Ch. 403, L. 2011.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 5. Unlawful Transporting or Driving of Livestock › Part 1. Unlawful Driving of Animals › 81-5-105. Repealed

81-5-105. Repealed.
Sec. 9, Ch. 563, L. 1985.
History: En. Sec. 3, Ch. 80, L. 1931; re-en. Sec. 11552.3, R.C.M. 1935; Sec. 94-35-206, R.C.M. 1947; redes. 46-3007 by Sec. 29, Ch. 513, L. 1973; amd. Sec. 57, Ch. 12, L. 1977; R.C.M. 1947, 46-3007.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 5. Unlawful Transporting or Driving of Livestock › Part 1. Unlawful Driving of Animals › 81-5-108. Answer to allegations concerning use of property

81-5-108. Answer to allegations concerning use of property.
Within 20 days after the service of the petition and summons or publication of the summons, as provided in 81-5-104, the owner or claimant of the seized property shall file a verified answer to the allegations concerning the use of the property contained in the petition to institute forfeiture proceedings. Only one 20-day extension of the time for filing the answer may be granted, and failure to answer within 20 days or within the 20-day extension bars the owner or claimants from presenting evidence at any subsequent evidentiary hearing unless extraordinary circumstances exist.
History: En. Sec. 5, Ch. 563, L. 1985.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 5. Unlawful Transporting or Driving of Livestock › Part 1. Unlawful Driving of Animals › 81-5-109. Presumption -- hearing -- disposition of vehicle and other property

81-5-109. Presumption -- hearing -- disposition of vehicle and other property.
(1) There is a rebuttable presumption of forfeiture as to all property used for the theft or transportation of the livestock as provided in 81-5-104.
(2) If a verified answer to the petition is not filed within 20 days after the service of the petition and summons, the court upon motion shall order the property forfeited to the state.
(3) If a verified answer is filed within 20 days, a hearing on the petition for forfeiture must be set without a jury not less than 60 days after the answer is filed. Notice of the hearing must be given in the manner provided for service of petition and summons.
(4) If the court finds that a vehicle, money, equipment, or personalty was not used for the purpose charged or that it was used without the consent or knowledge of the owner, it shall order the property released to the owner of record on the date of the seizure. If the court finds that the vehicle, money, equipment, or personalty was used for the purpose charged and was used with the knowledge and consent of the owner, the property must be ordered forfeited.
History: En. Sec. 6, Ch. 563, L. 1985; amd. Sec. 2, Ch. 108, L. 1993.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 5. Unlawful Transporting or Driving of Livestock › Part 1. Unlawful Driving of Animals › 81-5-110. Sale at public auction -- retention of property

81-5-110. Sale at public auction -- retention of property.
(1) Vehicles, equipment, and personalty forfeited under 81-5-109 may be sold at public auction in the manner of sales of personal property under execution and may be sold by any sheriff, livestock inspector, or other peace officer.
(2) The department may retain the vehicles, equipment, and personalty forfeited under 81-5-109 for official use by the department, including personnel training. If the department retains forfeited property that it determines to be suitable for everyday use by department personnel, the department shall reduce similar property purchases accordingly.
(3) Money forfeited under 81-5-109 must be deposited in the state general fund.
History: En. Sec. 4, Ch. 80, L. 1931; re-en. Sec. 11552.4, R.C.M. 1935; Sec. 94-35-207, R.C.M. 1947; redes. 46-3008 by Sec. 29, Ch. 513, L. 1973; R.C.M. 1947, 46-3008; amd. Sec. 7, Ch. 563, L. 1985; Sec. 81-5-106, MCA 1983; redes. 81-5-110 by Code Commissioner, 1985; amd. Sec. 3, Ch. 108, L. 1993; amd. Sec. 7, Ch. 554, L. 2001.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 5. Unlawful Transporting or Driving of Livestock › Part 1. Unlawful Driving of Animals › 81-5-111. Disposition of proceeds

81-5-111. Disposition of proceeds.
(1) After deducting the expenses of retaining the vehicle, equipment, or personalty and the cost of the sale, the officer making the sale or the department, if it retains the vehicle, equipment, or personalty, shall pay all liens to the extent that the balance of sale proceeds permit, according to the lien priorities that are established by intervention or otherwise. A lien must be bona fide and have been created without the lienor having any notice or reasonable cause to believe that the vehicle, equipment, or personalty was being or was to be used for the theft or illegal transportation.
(2) The proceeds from the sale of vehicles, equipment, and personalty provided for in 81-5-110 must be deposited in the state general fund.
History: En. Sec. 2, Ch. 80, L. 1931; re-en. Sec. 11552.2, R.C.M. 1935; Sec. 94-35-205, R.C.M. 1947; redes. 46-3006 by Sec. 29, Ch. 513, L. 1973; amd. Sec. 200, Ch. 310, L. 1974; R.C.M. 1947, 46-3006; Sec. 81-5-107, MCA 1983; redes. 81-5-111 by Code Commissioner, 1985; amd. Sec. 4, Ch. 108, L. 1993; amd. Sec. 8, Ch. 554, L. 2001.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 5. Unlawful Transporting or Driving of Livestock › Part 1. Unlawful Driving of Animals › 81-5-112. Permit system for transportation of sheep -- penalty

81-5-112. Permit system for transportation of sheep -- penalty.
(1) The department shall adopt rules imposing a permit system for the transportation of sheep within or out of the state if it finds that a permit system is necessary to prevent theft of sheep. The rules must establish fees commensurate with the department's cost of operating the permit system.
(2) A person who purposely or knowingly transports sheep in violation of rules adopted under subsection (1) is guilty of a misdemeanor and shall be punished by a fine not exceeding $1,000 or imprisonment in the county jail for a term not exceeding 6 months, or both.
History: En. Sec. 1, Ch. 175, L. 1989.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 5. Unlawful Transporting or Driving of Livestock › Part 1. Unlawful Driving of Animals › 81-5-121. Permit and inspection system for transportation of bison

81-5-121. Permit and inspection system for transportation of bison.
(1) Except as otherwise provided by law, the department shall adopt rules imposing a permit and inspection system for the transportation of bison into and out of counties and into and out of the state for the purposes of tracking movement of animals and collecting per capita assessments.
(2) A person who purposely or knowingly transports bison in violation of rules adopted pursuant to this section is guilty of a misdemeanor and shall be fined not more than $1,000 or be imprisoned in the county jail for not more than 6 months, or both.
History: En. Sec. 1, Ch. 403, L. 2011.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 5. Unlawful Transporting or Driving of Livestock › Part 2. Transportation of Sheep (Repealed) › 81-5-201. Repealed

81-5-201. Repealed.
Sec. 2, Ch. 175, L. 1989.
History: (1)En. Sec. 1, Ch. 135, L. 1963; amd. Sec. 110, Ch. 310, L. 1974; Sec. 46-809, R.C.M. 1947; (2)En. Sec. 2, Ch. 135, L. 1963; amd. Sec. 111, Ch. 310, L. 1974; Sec. 46-810, R.C.M. 1947; R.C.M. 1947, 46-809, 46-810.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 5. Unlawful Transporting or Driving of Livestock › Part 2. Transportation of Sheep (Repealed) › 81-5-202. Repealed

81-5-202. Repealed.
Sec. 2, Ch. 175, L. 1989.
History: En. Sec. 3, Ch. 135, L. 1963; amd. Sec. 112, Ch. 310, L. 1974; R.C.M. 1947, 46-811; amd. Sec. 13, Ch. 444, L. 1983.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 5. Unlawful Transporting or Driving of Livestock › Part 2. Transportation of Sheep (Repealed) › 81-5-203. Repealed

81-5-203. Repealed.
Sec. 2, Ch. 175, L. 1989.
History: En. Sec. 4, Ch. 135, L. 1963; amd. Sec. 113, Ch. 310, L. 1974; R.C.M. 1947, 46-812.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 5. Unlawful Transporting or Driving of Livestock › Part 2. Transportation of Sheep (Repealed) › 81-5-204. Repealed

81-5-204. Repealed.
Sec. 2, Ch. 175, L. 1989.
History: En. Sec. 5, Ch. 135, L. 1963; amd. Sec. 114, Ch. 310, L. 1974; R.C.M. 1947, 46-813.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 6. Livestock Protective Associations › Part 1. Livestock Protective Committees › 81-6-101. Petition for county livestock protective committee -- members -- term

81-6-101. Petition for county livestock protective committee -- members -- term.
(1) The board of county commissioners shall, upon receipt of a petition or petitions to do so, set up a county livestock protective committee of three members. The petition or petitions must be signed by at least 51% of the owners of cattle in the county, and at least 55% of the cattle in the county must be owned by the petitioners.
(2) Members appointed to serve on the committee must be residents of the county engaged in the business of raising cattle. If there is in the county any organization of cattle growers, the county commissioners shall give preference to names submitted by the group for appointment to the committee. The term for which the committee members are appointed is 2 years, with two members of the first committee named to serve for 2 years and one member to serve for 1 year. Members of the committee may not receive remuneration or reimbursement for expenses for serving on the committee.
(3) As used in this section, "organization of cattle growers" means any group or organization holding regular meetings at least annually, having officers, and composed predominantly of cattle growers resident in the county, with its membership open to cattle growers willing to abide by its governing rules or bylaws. The general purpose of the organization must be the promotion of the interests of its members in matters pertaining to the cattle or livestock industry.
(4) If the owners of sheep in the county desire to come under the provisions of this part in cooperation with owners of cattle, they shall file a petition meeting the requirements of subsection (1) with the county commissioners, and in that case, at least one member of the livestock protective committee must be a sheep grower and where the word "cattle" appears in this part, it includes the word "sheep".
(5) Owners of sheep may form a county livestock protective committee, in which case the word "cattle" as used in this part is considered to mean "sheep".
History: En. Sec. 1, Ch. 168, L. 1953; R.C.M. 1947, 46-2701; amd. Sec. 6, Ch. 660, L. 1987; amd. Sec. 225, Ch. 574, L. 2001.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 6. Livestock Protective Associations › Part 1. Livestock Protective Committees › 81-6-102. Organization of committee -- officers -- meetings

81-6-102. Organization of committee -- officers -- meetings.
The county livestock protective committee shall upon appointment and annually after appointment organize by election of a presiding officer and a secretary. Meetings of the committee must be held at the call of the presiding officer or any two members of the committee. Minutes of all meetings of the committee must be kept by the secretary. The minutes must be presented at the ensuing meeting of the committee and upon approval must be signed by the presiding officer and secretary and immediately deposited with the county clerk and recorder and kept available for public inspection.
History: En. Sec. 2, Ch. 168, L. 1953; R.C.M. 1947, 46-2702; amd. Sec. 2668, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 6. Livestock Protective Associations › Part 1. Livestock Protective Committees › 81-6-103. Powers and duties of committee

81-6-103. Powers and duties of committee.
The county livestock protective committee shall advise, assist, and cooperate with the department of livestock, the board of county commissioners, the sheriff, and all other public officials or police officers who have duties pertaining to hide and brand inspection, apprehension of livestock rustlers, the prevention of rustling, enforcement of laws governing the movement and sale of livestock, the treatment and prevention of livestock diseases, and other matters which are of interest and value to the livestock industry in the county.
History: En. Sec. 3, Ch. 168, L. 1953; amd. Sec. 180, Ch. 310, L. 1974; R.C.M. 1947, 46-2703.
2023 Montana Code Annotated › Title 81. Livestock › Chapter 6. Livestock Protective Associations › Part 1. Livestock Protective Committees › 81-6-104. Fee -- special fund

81-6-104. Fee -- special fund.
The county livestock protective committee may recommend to the board of county commissioners the imposition of a fee in an amount not to exceed $1 per head on all cattle 9 months of age or older in the county on the regular assessment date of each year as provided in 15-24-903, and the board of county commissioners shall impose the fee. The fee must be collected and deposited by the county treasurer in a special fund to be known as the livestock special deputy fund, together with any other funds made available from county, state, federal, or private sources for the purposes of this part.
History: En. Sec. 4, Ch. 168, L. 1953; amd. Sec. 1, Ch. 10, L. 1955; amd. Sec. 4, Ch. 388, L. 1975; R.C.M. 1947, 46-2704; amd. Sec. 1, Ch. 258, L. 1979; amd. Sec. 7, Ch. 660, L. 1987; amd. Sec. 226, Ch. 574, L. 2001; amd. Sec. 1, Ch. 27, L. 2013; amd. Sec. 1, Ch. 40, L. 2015.