81-4-327. Sale of horses -- disposition of proceeds. (1) Prior to such sale the sheriff shall have said horses classified as follows:
     (a) Class 1 shall include:
     (i) horses not bearing a registered brand and which in the opinion of the stock inspector are of a value not to exceed $10 per head; and
     (ii) horses bearing a registered brand but which the owner has failed to redeem as herein provided, after notice given, and which in the opinion of the stock inspector are of a value not to exceed $10 per head.
     (b) Class 2 shall include horses bearing registered brands and which in the opinion of the stock inspector are of a value in excess of $10 per head.
     (2) Horses in class 1 shall be sold on 10 days' notice posted at the courthouse of each county in which any portion of the district lies and posted in three other public places in such county, one of which shall be in that portion of the district included in the county.
     (3) Horses in class 2 shall be sold on notice posted for 21 days and otherwise as notices are required to be posted for the sale of horses in class 1, and such notice shall likewise be published once a week for 2 successive weeks before said sale in some newspaper published in the county seat of each county including any part of said district, if there be such newspaper, and if there be no newspaper published in any county comprising a part of such district, then such notice shall be published in any newspaper of general circulation in the county or counties including such district. The notice required to be published for the sale of horses in class 2 shall describe each horse to be sold, giving the approximate age, description, and brands, if any. The proceeds of the sale shall be applied by the sheriff to the discharge of the claim and the costs of the proceedings in selling the property and enforcing the claim, and the remainder, if any, shall be deposited with the county treasurer who shall keep the same in a special fund to be designated as the "horse herd district fund" (giving number of district if more than one).
     (4) A separate fund, styled as above specified, shall be kept by the county treasurer for each of said districts created in his county. The county treasurer shall make a record of the description of each horse, the amount received for same, and the amount of deductions, which record shall be open to public inspection; and any person making claim of ownership of such horse to the board of county commissioners at any time within 1 year from the date of sale and submitting proof of ownership to such board with such claim to the satisfaction of such board shall be entitled to receive such excess received from the sale of such horse. Any money received from the sale of any such horse which shall not be so claimed within 1 year after such sale shall at the expiration of said period be transferred to the general fund of the county.

     History: En. Sec. 4, Ch. 119, L. 1931; amd. Sec. 2, Ch. 57, L. 1933; re-en. Sec. 3389.5, R.C.M. 1935; R.C.M. 1947, 46-1604(part).