State Codes and Statutes

Statutes > Wyoming > Title11 > Chapter24

CHAPTER 24 - ESTRAYS

 

11-24-101. Definitions.

 

(a) As used in this act:

 

(i) "Animal" means any bovine animal, horse, mule,ass or sheep;

 

(ii) "Estray" means any animal found running at largeupon public or private lands, fenced or unfenced, in Wyoming whose owner isunknown in the territory where found or the owner of which cannot withreasonable diligence be found, or that is branded with two (2) or more brandsthe ownership of which is disputed, neither party holding a bill of sale. Anestray includes any animal for which there is no sufficient proof of ownershipfound upon inspection;

 

(iii) "Range" means all unfenced lands or fencedallotments in Wyoming of a grazing nature. Range includes all highways outsideof private enclosures and used by the public whether formally dedicated to thepublic or not;

 

(iv) "Disposal" means to sell, send to slaughter ordestroy the animal;

 

(v) "Livestock" means as defined in W.S.23-1-102(a)(xvi);

 

(vi) "This act" means W.S. 11-24-101 through11-24-115.

 

11-24-102. Taking up estrays; generally.

 

(a) No person shall take up and retain possession of an estrayexcept in the county where he resides and is a freeholder, nor unless theanimal is found on lands owned, leased, or controlled by him or his dulyauthorized agents. When any person takes up an estray he shall immediatelynotify an inspector who shall inspect or cause to be inspected the estray forbrands and other evidence of ownership and make a diligent effort to learn ordetermine ownership of the animal. The inspector may cause any estray to beheld for not more than ten (10) days after the inspection to enable him tocomplete his investigation of ownership. If the estray is claimed by an owner,the bill for feed and care incurred by the inspector must be paid by theclaimant. If the rightful owner cannot be found, or when found, refuses orfails to pay the charges for feed and care of the estray, the inspector shallorder the estray be disposed of. Incurred charges for feed and care by theinspector and reasonable shipping and disposal expense shall be paid from theproceeds of the disposal. The net proceeds, if any, received from the disposalof the estray after deduction of authorized expenses, shall be forwarded to theestray fund of the board or its agency. The board or agency shall hold theproceeds in a special fund known as estray fund until paid to the rightfulowner of the estray or otherwise disposed of according to law.

 

(b) If the proceeds of the disposal of any estray areinsufficient to pay all legitimate expenses, the deficiency shall be paid bythe board or its agency.

 

(c) The board may enter into agreements with licensed meatprocessing plants to process meat from livestock disposed of by slaughter. Theprocessed meat shall be sold to:

 

(i) Wyoming state institutions or to nonprofit organizationsfor no more than the board's cost for disposal, processing and delivery; or

 

(ii) For profit entities at market cost for the processed meat.

 

11-24-103. Taking up estrays; penalties.

 

Any person who takes up or retainspossession of any estray without the owner's knowledge or consent, or who inany manner restrains from liberty for the purpose of using or making use of anyestray without the knowledge and consent of the owner, is guilty of amisdemeanor and shall be fined not less than ten dollars ($10.00) nor more thanone hundred dollars ($100.00), imprisoned for not exceeding sixty (60) days, orboth.

 

11-24-104. Stallions and jacks generally.

 

If any horse or ass not gelded, two (2)years old or upwards, is found running at large, it is lawful for any person totake up the horse or ass and give notice to the owner or keeper if known. Ifthe owner or keeper does not appear within six (6) days thereafter and paythirty dollars ($30.00) to the person possessing the animal, the person shalladvertise the horse or ass and the same proceedings shall be had as provided inthe case of estray animals, or the person possessing the animal may after theexpiration of thirty (30) days from the time of advertising, geld or have thehorse or ass gelded, at the risk and expense of the owner, except when thehorse or ass is in the owner's herd, or in care of the owner's herder.

 

11-24-105. Unclaimed horses; permit for gathering; disposal.

 

 

(a) Any person desiring to gather unclaimed horses from theranges within Wyoming must obtain written permission before commencing to doso. The permit must be obtained from the person who has ownership or control ofthe surface rights of the range whereon the unclaimed horses are to begathered. The permit shall be presented to an inspector and used for the basisfor issuance of any brand inspection permit for removal of the unclaimed horsesfrom the county wherein the unclaimed horses are gathered. The form of thepermit shall be prescribed by the board.

 

(b) Unclaimed horses shall be disposed of under the lawspertaining to estrays.

 

11-24-106. Unclaimed horses; penalties.

 

Any person, firm or corporation violatingany provision of W.S. 11-24-105 shall be punished as provided in W.S. 11-1-103.

 

11-24-107. Liability for death.

 

If any estray dies while in the possessionof the person taking it up, he is not liable for the loss unless its death wasthe result of mistreatment or willful neglect.

 

11-24-108. Stock at large or picketed on public highways; penalties forviolations; impoundment and disposition; fees; proceeds from dispositionthereof; removal of dead or injured animals.

 

(a) No owner or person having custody or charge of livestockshall permit the livestock to run at large in any fenced public highways inWyoming as defined in W.S. 31-1-101. Livestock shall not be picketed on apublic highway right-of-way from one (1) hour before sundown to one (1) hourafter sunrise. If livestock are picketed on a public highway and escape, theowner or person having custody or charge of the livestock is deemed to havepermitted the livestock to run at large in violation of this section. Nolivestock shall be picketed on an interstate or national defense highway asdefined in W.S. 31-18-801(a)(xvi).

 

(b) Any person or corporation violating this section shall befined not less than fifty dollars ($50.00) nor more than seven hundred fiftydollars ($750.00) and in addition shall pay all damage done by the livestock.The provisions of this section do not apply to livestock drifting into lanes orfenced roads in going to or returning from their accustomed ranges.

 

(c) Any sheriff, deputy sheriff, livestock brand inspector, orofficer or trooper of the Wyoming highway patrol, after notification to theowner of livestock described in subsection (a) of this section, if known, shallwithin four (4) hours remove the livestock from the public highway, impound thesame in the nearest convenient place where feed and water are available andimmediately notify the owner, if known, of the action. If ownership is notknown, the impounding officer shall report his action to an inspector. Theinspector shall make a diligent effort to ascertain ownership of the impoundedlivestock, and for this purpose may hold the livestock not more than ten (10)days. If unable to determine ownership, the inspector shall dispose of theimpounded livestock. Reasonable transportation and disposal expenses shall bepaid from the proceeds of the disposal, if any.

 

(d) A removal fee of not to exceed ten dollars ($10.00) perhead shall be allowed for the expense incurred in removing livestock from anypublic highway and an impounding fee of not to exceed ten dollars ($10.00) perday per head shall be allowed the person responsible for feed and care of thelivestock removed. The inspector is responsible for collection and payment tothe rightful claimants of removal and impounding fees when impounded livestockis surrendered to the owner. Upon disposal, the total amount of removal andimpounding fees shall be made known to the selling agency at the market orslaughter plant by the inspector and shall constitute a first claim on the netproceeds of the livestock after shipping and disposal expenses have been paid,and shall be forwarded by the selling agency to the claimant.

 

(e) Should the proceeds of the disposition of any impoundedanimal be insufficient to pay all legitimate shipping and disposal expenses andthe removal and impounding fees approved by the inspector, the deficiency shallbe paid by the board or its agency.

 

(f) The net proceeds, if any, from the disposition of theimpounded livestock after deduction of removal, impounding, trucking and disposalexpenses, shall be forwarded to the estray account of the board. The boardshall hold the proceeds until paid to the rightful owner of the livestock orotherwise disposed of according to law.

 

(g) A peace officer may remove, destroy or otherwise dispose ofan animal injured on a state highway after a reasonable attempt to locate theowner of a salvageable animal or a game warden in the case of a wild animal. Ifreasonably possible, the peace officer shall contact the brand inspector beforeremoving, destroying or disposing of livestock. The carcass of an animal killedon a state highway shall be disposed of by highway maintenance crews. If theowner desires, he may claim the carcass from the maintenance crew. The crewsshall report to the inspector brands, marks, tags or other identification. Theinspector shall endeavor to establish ownership of the animal and notify theowner in writing or notify the local game warden as may be appropriate.

 

11-24-109. Record to be kept of estrays found in shipments in transitof cattle or horses.

 

All inspectors shall keep a record of allestrays found in any shipment of cattle or horses in transit from this state,and shall take a receipt for the estrays from the shipper, or in default of areceipt, shall take the estray from the shipment, giving the shipper a receiptfor the estrays on behalf of the livestock board.

 

11-24-110. Monthly report of inspector; board to keep public record.

 

The inspector shall make a report everythirty (30) days of all estrays not otherwise reported to the livestock board,giving a description of the estrays, stating any brands or other marks by whichthe estrays may be identified. The board shall keep a record of all estraysreported, which shall at all times be open to the public for inspection.

 

11-24-111. Disposition of proceeds; remission to board.

 

All persons shipping estrays shallimmediately remit to the livestock board the proceeds received for each andevery estray disposed of, a receipt for which was given to an inspector. If anyinspector sells an estray from this state, he shall immediately remit theproceeds to the livestock board.

 

11-24-112. Deposition of proceeds; payment to owner on proof ofownership; unclaimed proceeds generally.

 

If the lawful owner of any estray disposedof is found within one (1) year after the disposal of the estray, the netamount received from the disposal shall be paid to the owner upon his provingownership to the satisfaction of the board or agency. If at the end of one (1)year the proceeds from the disposal of any estray remains unclaimed, theproceeds shall be disposed of as provided by law.

 

11-24-113. When shipping prohibited.

 

It is unlawful for any person to drive orship, or cause to be driven or shipped, or to consign or cause to be consigned,without authority from the owner, any estray from any place within this state,except through or to a point or place where an inspector or inspectors arelocated by the livestock board.

 

11-24-114. Publication of list of unclaimed estrays.

 

The executive officer of the livestockboard shall annually, during the last week of December, send two (2) lists ofunclaimed estrays for which he has received payments, to the county clerk ofeach county, who shall post one (1) copy in a conspicuous place in thecourthouse and place one (1) copy on file in his office. The executive officershall also cause to be published in a newspaper of general circulation in eachcounty from which any estray included in the list was shipped, a notice to thepublic that the list of estrays is available for examination.

 

11-24-115. Disposition of unclaimed proceeds to state treasurer tocredit of inspection account.

 

On the first Monday in January of eachyear, all estray monies remaining unclaimed for more than one (1) year afterthe publication of the notices of posting of lists of unclaimed estrays, shallbe paid to the treasurer of the state, and be placed to the credit of theinspection account.

 

State Codes and Statutes

Statutes > Wyoming > Title11 > Chapter24

CHAPTER 24 - ESTRAYS

 

11-24-101. Definitions.

 

(a) As used in this act:

 

(i) "Animal" means any bovine animal, horse, mule,ass or sheep;

 

(ii) "Estray" means any animal found running at largeupon public or private lands, fenced or unfenced, in Wyoming whose owner isunknown in the territory where found or the owner of which cannot withreasonable diligence be found, or that is branded with two (2) or more brandsthe ownership of which is disputed, neither party holding a bill of sale. Anestray includes any animal for which there is no sufficient proof of ownershipfound upon inspection;

 

(iii) "Range" means all unfenced lands or fencedallotments in Wyoming of a grazing nature. Range includes all highways outsideof private enclosures and used by the public whether formally dedicated to thepublic or not;

 

(iv) "Disposal" means to sell, send to slaughter ordestroy the animal;

 

(v) "Livestock" means as defined in W.S.23-1-102(a)(xvi);

 

(vi) "This act" means W.S. 11-24-101 through11-24-115.

 

11-24-102. Taking up estrays; generally.

 

(a) No person shall take up and retain possession of an estrayexcept in the county where he resides and is a freeholder, nor unless theanimal is found on lands owned, leased, or controlled by him or his dulyauthorized agents. When any person takes up an estray he shall immediatelynotify an inspector who shall inspect or cause to be inspected the estray forbrands and other evidence of ownership and make a diligent effort to learn ordetermine ownership of the animal. The inspector may cause any estray to beheld for not more than ten (10) days after the inspection to enable him tocomplete his investigation of ownership. If the estray is claimed by an owner,the bill for feed and care incurred by the inspector must be paid by theclaimant. If the rightful owner cannot be found, or when found, refuses orfails to pay the charges for feed and care of the estray, the inspector shallorder the estray be disposed of. Incurred charges for feed and care by theinspector and reasonable shipping and disposal expense shall be paid from theproceeds of the disposal. The net proceeds, if any, received from the disposalof the estray after deduction of authorized expenses, shall be forwarded to theestray fund of the board or its agency. The board or agency shall hold theproceeds in a special fund known as estray fund until paid to the rightfulowner of the estray or otherwise disposed of according to law.

 

(b) If the proceeds of the disposal of any estray areinsufficient to pay all legitimate expenses, the deficiency shall be paid bythe board or its agency.

 

(c) The board may enter into agreements with licensed meatprocessing plants to process meat from livestock disposed of by slaughter. Theprocessed meat shall be sold to:

 

(i) Wyoming state institutions or to nonprofit organizationsfor no more than the board's cost for disposal, processing and delivery; or

 

(ii) For profit entities at market cost for the processed meat.

 

11-24-103. Taking up estrays; penalties.

 

Any person who takes up or retainspossession of any estray without the owner's knowledge or consent, or who inany manner restrains from liberty for the purpose of using or making use of anyestray without the knowledge and consent of the owner, is guilty of amisdemeanor and shall be fined not less than ten dollars ($10.00) nor more thanone hundred dollars ($100.00), imprisoned for not exceeding sixty (60) days, orboth.

 

11-24-104. Stallions and jacks generally.

 

If any horse or ass not gelded, two (2)years old or upwards, is found running at large, it is lawful for any person totake up the horse or ass and give notice to the owner or keeper if known. Ifthe owner or keeper does not appear within six (6) days thereafter and paythirty dollars ($30.00) to the person possessing the animal, the person shalladvertise the horse or ass and the same proceedings shall be had as provided inthe case of estray animals, or the person possessing the animal may after theexpiration of thirty (30) days from the time of advertising, geld or have thehorse or ass gelded, at the risk and expense of the owner, except when thehorse or ass is in the owner's herd, or in care of the owner's herder.

 

11-24-105. Unclaimed horses; permit for gathering; disposal.

 

 

(a) Any person desiring to gather unclaimed horses from theranges within Wyoming must obtain written permission before commencing to doso. The permit must be obtained from the person who has ownership or control ofthe surface rights of the range whereon the unclaimed horses are to begathered. The permit shall be presented to an inspector and used for the basisfor issuance of any brand inspection permit for removal of the unclaimed horsesfrom the county wherein the unclaimed horses are gathered. The form of thepermit shall be prescribed by the board.

 

(b) Unclaimed horses shall be disposed of under the lawspertaining to estrays.

 

11-24-106. Unclaimed horses; penalties.

 

Any person, firm or corporation violatingany provision of W.S. 11-24-105 shall be punished as provided in W.S. 11-1-103.

 

11-24-107. Liability for death.

 

If any estray dies while in the possessionof the person taking it up, he is not liable for the loss unless its death wasthe result of mistreatment or willful neglect.

 

11-24-108. Stock at large or picketed on public highways; penalties forviolations; impoundment and disposition; fees; proceeds from dispositionthereof; removal of dead or injured animals.

 

(a) No owner or person having custody or charge of livestockshall permit the livestock to run at large in any fenced public highways inWyoming as defined in W.S. 31-1-101. Livestock shall not be picketed on apublic highway right-of-way from one (1) hour before sundown to one (1) hourafter sunrise. If livestock are picketed on a public highway and escape, theowner or person having custody or charge of the livestock is deemed to havepermitted the livestock to run at large in violation of this section. Nolivestock shall be picketed on an interstate or national defense highway asdefined in W.S. 31-18-801(a)(xvi).

 

(b) Any person or corporation violating this section shall befined not less than fifty dollars ($50.00) nor more than seven hundred fiftydollars ($750.00) and in addition shall pay all damage done by the livestock.The provisions of this section do not apply to livestock drifting into lanes orfenced roads in going to or returning from their accustomed ranges.

 

(c) Any sheriff, deputy sheriff, livestock brand inspector, orofficer or trooper of the Wyoming highway patrol, after notification to theowner of livestock described in subsection (a) of this section, if known, shallwithin four (4) hours remove the livestock from the public highway, impound thesame in the nearest convenient place where feed and water are available andimmediately notify the owner, if known, of the action. If ownership is notknown, the impounding officer shall report his action to an inspector. Theinspector shall make a diligent effort to ascertain ownership of the impoundedlivestock, and for this purpose may hold the livestock not more than ten (10)days. If unable to determine ownership, the inspector shall dispose of theimpounded livestock. Reasonable transportation and disposal expenses shall bepaid from the proceeds of the disposal, if any.

 

(d) A removal fee of not to exceed ten dollars ($10.00) perhead shall be allowed for the expense incurred in removing livestock from anypublic highway and an impounding fee of not to exceed ten dollars ($10.00) perday per head shall be allowed the person responsible for feed and care of thelivestock removed. The inspector is responsible for collection and payment tothe rightful claimants of removal and impounding fees when impounded livestockis surrendered to the owner. Upon disposal, the total amount of removal andimpounding fees shall be made known to the selling agency at the market orslaughter plant by the inspector and shall constitute a first claim on the netproceeds of the livestock after shipping and disposal expenses have been paid,and shall be forwarded by the selling agency to the claimant.

 

(e) Should the proceeds of the disposition of any impoundedanimal be insufficient to pay all legitimate shipping and disposal expenses andthe removal and impounding fees approved by the inspector, the deficiency shallbe paid by the board or its agency.

 

(f) The net proceeds, if any, from the disposition of theimpounded livestock after deduction of removal, impounding, trucking and disposalexpenses, shall be forwarded to the estray account of the board. The boardshall hold the proceeds until paid to the rightful owner of the livestock orotherwise disposed of according to law.

 

(g) A peace officer may remove, destroy or otherwise dispose ofan animal injured on a state highway after a reasonable attempt to locate theowner of a salvageable animal or a game warden in the case of a wild animal. Ifreasonably possible, the peace officer shall contact the brand inspector beforeremoving, destroying or disposing of livestock. The carcass of an animal killedon a state highway shall be disposed of by highway maintenance crews. If theowner desires, he may claim the carcass from the maintenance crew. The crewsshall report to the inspector brands, marks, tags or other identification. Theinspector shall endeavor to establish ownership of the animal and notify theowner in writing or notify the local game warden as may be appropriate.

 

11-24-109. Record to be kept of estrays found in shipments in transitof cattle or horses.

 

All inspectors shall keep a record of allestrays found in any shipment of cattle or horses in transit from this state,and shall take a receipt for the estrays from the shipper, or in default of areceipt, shall take the estray from the shipment, giving the shipper a receiptfor the estrays on behalf of the livestock board.

 

11-24-110. Monthly report of inspector; board to keep public record.

 

The inspector shall make a report everythirty (30) days of all estrays not otherwise reported to the livestock board,giving a description of the estrays, stating any brands or other marks by whichthe estrays may be identified. The board shall keep a record of all estraysreported, which shall at all times be open to the public for inspection.

 

11-24-111. Disposition of proceeds; remission to board.

 

All persons shipping estrays shallimmediately remit to the livestock board the proceeds received for each andevery estray disposed of, a receipt for which was given to an inspector. If anyinspector sells an estray from this state, he shall immediately remit theproceeds to the livestock board.

 

11-24-112. Deposition of proceeds; payment to owner on proof ofownership; unclaimed proceeds generally.

 

If the lawful owner of any estray disposedof is found within one (1) year after the disposal of the estray, the netamount received from the disposal shall be paid to the owner upon his provingownership to the satisfaction of the board or agency. If at the end of one (1)year the proceeds from the disposal of any estray remains unclaimed, theproceeds shall be disposed of as provided by law.

 

11-24-113. When shipping prohibited.

 

It is unlawful for any person to drive orship, or cause to be driven or shipped, or to consign or cause to be consigned,without authority from the owner, any estray from any place within this state,except through or to a point or place where an inspector or inspectors arelocated by the livestock board.

 

11-24-114. Publication of list of unclaimed estrays.

 

The executive officer of the livestockboard shall annually, during the last week of December, send two (2) lists ofunclaimed estrays for which he has received payments, to the county clerk ofeach county, who shall post one (1) copy in a conspicuous place in thecourthouse and place one (1) copy on file in his office. The executive officershall also cause to be published in a newspaper of general circulation in eachcounty from which any estray included in the list was shipped, a notice to thepublic that the list of estrays is available for examination.

 

11-24-115. Disposition of unclaimed proceeds to state treasurer tocredit of inspection account.

 

On the first Monday in January of eachyear, all estray monies remaining unclaimed for more than one (1) year afterthe publication of the notices of posting of lists of unclaimed estrays, shallbe paid to the treasurer of the state, and be placed to the credit of theinspection account.

 


State Codes and Statutes

State Codes and Statutes

Statutes > Wyoming > Title11 > Chapter24

CHAPTER 24 - ESTRAYS

 

11-24-101. Definitions.

 

(a) As used in this act:

 

(i) "Animal" means any bovine animal, horse, mule,ass or sheep;

 

(ii) "Estray" means any animal found running at largeupon public or private lands, fenced or unfenced, in Wyoming whose owner isunknown in the territory where found or the owner of which cannot withreasonable diligence be found, or that is branded with two (2) or more brandsthe ownership of which is disputed, neither party holding a bill of sale. Anestray includes any animal for which there is no sufficient proof of ownershipfound upon inspection;

 

(iii) "Range" means all unfenced lands or fencedallotments in Wyoming of a grazing nature. Range includes all highways outsideof private enclosures and used by the public whether formally dedicated to thepublic or not;

 

(iv) "Disposal" means to sell, send to slaughter ordestroy the animal;

 

(v) "Livestock" means as defined in W.S.23-1-102(a)(xvi);

 

(vi) "This act" means W.S. 11-24-101 through11-24-115.

 

11-24-102. Taking up estrays; generally.

 

(a) No person shall take up and retain possession of an estrayexcept in the county where he resides and is a freeholder, nor unless theanimal is found on lands owned, leased, or controlled by him or his dulyauthorized agents. When any person takes up an estray he shall immediatelynotify an inspector who shall inspect or cause to be inspected the estray forbrands and other evidence of ownership and make a diligent effort to learn ordetermine ownership of the animal. The inspector may cause any estray to beheld for not more than ten (10) days after the inspection to enable him tocomplete his investigation of ownership. If the estray is claimed by an owner,the bill for feed and care incurred by the inspector must be paid by theclaimant. If the rightful owner cannot be found, or when found, refuses orfails to pay the charges for feed and care of the estray, the inspector shallorder the estray be disposed of. Incurred charges for feed and care by theinspector and reasonable shipping and disposal expense shall be paid from theproceeds of the disposal. The net proceeds, if any, received from the disposalof the estray after deduction of authorized expenses, shall be forwarded to theestray fund of the board or its agency. The board or agency shall hold theproceeds in a special fund known as estray fund until paid to the rightfulowner of the estray or otherwise disposed of according to law.

 

(b) If the proceeds of the disposal of any estray areinsufficient to pay all legitimate expenses, the deficiency shall be paid bythe board or its agency.

 

(c) The board may enter into agreements with licensed meatprocessing plants to process meat from livestock disposed of by slaughter. Theprocessed meat shall be sold to:

 

(i) Wyoming state institutions or to nonprofit organizationsfor no more than the board's cost for disposal, processing and delivery; or

 

(ii) For profit entities at market cost for the processed meat.

 

11-24-103. Taking up estrays; penalties.

 

Any person who takes up or retainspossession of any estray without the owner's knowledge or consent, or who inany manner restrains from liberty for the purpose of using or making use of anyestray without the knowledge and consent of the owner, is guilty of amisdemeanor and shall be fined not less than ten dollars ($10.00) nor more thanone hundred dollars ($100.00), imprisoned for not exceeding sixty (60) days, orboth.

 

11-24-104. Stallions and jacks generally.

 

If any horse or ass not gelded, two (2)years old or upwards, is found running at large, it is lawful for any person totake up the horse or ass and give notice to the owner or keeper if known. Ifthe owner or keeper does not appear within six (6) days thereafter and paythirty dollars ($30.00) to the person possessing the animal, the person shalladvertise the horse or ass and the same proceedings shall be had as provided inthe case of estray animals, or the person possessing the animal may after theexpiration of thirty (30) days from the time of advertising, geld or have thehorse or ass gelded, at the risk and expense of the owner, except when thehorse or ass is in the owner's herd, or in care of the owner's herder.

 

11-24-105. Unclaimed horses; permit for gathering; disposal.

 

 

(a) Any person desiring to gather unclaimed horses from theranges within Wyoming must obtain written permission before commencing to doso. The permit must be obtained from the person who has ownership or control ofthe surface rights of the range whereon the unclaimed horses are to begathered. The permit shall be presented to an inspector and used for the basisfor issuance of any brand inspection permit for removal of the unclaimed horsesfrom the county wherein the unclaimed horses are gathered. The form of thepermit shall be prescribed by the board.

 

(b) Unclaimed horses shall be disposed of under the lawspertaining to estrays.

 

11-24-106. Unclaimed horses; penalties.

 

Any person, firm or corporation violatingany provision of W.S. 11-24-105 shall be punished as provided in W.S. 11-1-103.

 

11-24-107. Liability for death.

 

If any estray dies while in the possessionof the person taking it up, he is not liable for the loss unless its death wasthe result of mistreatment or willful neglect.

 

11-24-108. Stock at large or picketed on public highways; penalties forviolations; impoundment and disposition; fees; proceeds from dispositionthereof; removal of dead or injured animals.

 

(a) No owner or person having custody or charge of livestockshall permit the livestock to run at large in any fenced public highways inWyoming as defined in W.S. 31-1-101. Livestock shall not be picketed on apublic highway right-of-way from one (1) hour before sundown to one (1) hourafter sunrise. If livestock are picketed on a public highway and escape, theowner or person having custody or charge of the livestock is deemed to havepermitted the livestock to run at large in violation of this section. Nolivestock shall be picketed on an interstate or national defense highway asdefined in W.S. 31-18-801(a)(xvi).

 

(b) Any person or corporation violating this section shall befined not less than fifty dollars ($50.00) nor more than seven hundred fiftydollars ($750.00) and in addition shall pay all damage done by the livestock.The provisions of this section do not apply to livestock drifting into lanes orfenced roads in going to or returning from their accustomed ranges.

 

(c) Any sheriff, deputy sheriff, livestock brand inspector, orofficer or trooper of the Wyoming highway patrol, after notification to theowner of livestock described in subsection (a) of this section, if known, shallwithin four (4) hours remove the livestock from the public highway, impound thesame in the nearest convenient place where feed and water are available andimmediately notify the owner, if known, of the action. If ownership is notknown, the impounding officer shall report his action to an inspector. Theinspector shall make a diligent effort to ascertain ownership of the impoundedlivestock, and for this purpose may hold the livestock not more than ten (10)days. If unable to determine ownership, the inspector shall dispose of theimpounded livestock. Reasonable transportation and disposal expenses shall bepaid from the proceeds of the disposal, if any.

 

(d) A removal fee of not to exceed ten dollars ($10.00) perhead shall be allowed for the expense incurred in removing livestock from anypublic highway and an impounding fee of not to exceed ten dollars ($10.00) perday per head shall be allowed the person responsible for feed and care of thelivestock removed. The inspector is responsible for collection and payment tothe rightful claimants of removal and impounding fees when impounded livestockis surrendered to the owner. Upon disposal, the total amount of removal andimpounding fees shall be made known to the selling agency at the market orslaughter plant by the inspector and shall constitute a first claim on the netproceeds of the livestock after shipping and disposal expenses have been paid,and shall be forwarded by the selling agency to the claimant.

 

(e) Should the proceeds of the disposition of any impoundedanimal be insufficient to pay all legitimate shipping and disposal expenses andthe removal and impounding fees approved by the inspector, the deficiency shallbe paid by the board or its agency.

 

(f) The net proceeds, if any, from the disposition of theimpounded livestock after deduction of removal, impounding, trucking and disposalexpenses, shall be forwarded to the estray account of the board. The boardshall hold the proceeds until paid to the rightful owner of the livestock orotherwise disposed of according to law.

 

(g) A peace officer may remove, destroy or otherwise dispose ofan animal injured on a state highway after a reasonable attempt to locate theowner of a salvageable animal or a game warden in the case of a wild animal. Ifreasonably possible, the peace officer shall contact the brand inspector beforeremoving, destroying or disposing of livestock. The carcass of an animal killedon a state highway shall be disposed of by highway maintenance crews. If theowner desires, he may claim the carcass from the maintenance crew. The crewsshall report to the inspector brands, marks, tags or other identification. Theinspector shall endeavor to establish ownership of the animal and notify theowner in writing or notify the local game warden as may be appropriate.

 

11-24-109. Record to be kept of estrays found in shipments in transitof cattle or horses.

 

All inspectors shall keep a record of allestrays found in any shipment of cattle or horses in transit from this state,and shall take a receipt for the estrays from the shipper, or in default of areceipt, shall take the estray from the shipment, giving the shipper a receiptfor the estrays on behalf of the livestock board.

 

11-24-110. Monthly report of inspector; board to keep public record.

 

The inspector shall make a report everythirty (30) days of all estrays not otherwise reported to the livestock board,giving a description of the estrays, stating any brands or other marks by whichthe estrays may be identified. The board shall keep a record of all estraysreported, which shall at all times be open to the public for inspection.

 

11-24-111. Disposition of proceeds; remission to board.

 

All persons shipping estrays shallimmediately remit to the livestock board the proceeds received for each andevery estray disposed of, a receipt for which was given to an inspector. If anyinspector sells an estray from this state, he shall immediately remit theproceeds to the livestock board.

 

11-24-112. Deposition of proceeds; payment to owner on proof ofownership; unclaimed proceeds generally.

 

If the lawful owner of any estray disposedof is found within one (1) year after the disposal of the estray, the netamount received from the disposal shall be paid to the owner upon his provingownership to the satisfaction of the board or agency. If at the end of one (1)year the proceeds from the disposal of any estray remains unclaimed, theproceeds shall be disposed of as provided by law.

 

11-24-113. When shipping prohibited.

 

It is unlawful for any person to drive orship, or cause to be driven or shipped, or to consign or cause to be consigned,without authority from the owner, any estray from any place within this state,except through or to a point or place where an inspector or inspectors arelocated by the livestock board.

 

11-24-114. Publication of list of unclaimed estrays.

 

The executive officer of the livestockboard shall annually, during the last week of December, send two (2) lists ofunclaimed estrays for which he has received payments, to the county clerk ofeach county, who shall post one (1) copy in a conspicuous place in thecourthouse and place one (1) copy on file in his office. The executive officershall also cause to be published in a newspaper of general circulation in eachcounty from which any estray included in the list was shipped, a notice to thepublic that the list of estrays is available for examination.

 

11-24-115. Disposition of unclaimed proceeds to state treasurer tocredit of inspection account.

 

On the first Monday in January of eachyear, all estray monies remaining unclaimed for more than one (1) year afterthe publication of the notices of posting of lists of unclaimed estrays, shallbe paid to the treasurer of the state, and be placed to the credit of theinspection account.

 

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