81-4-327. Sale of horses -- disposition of proceeds. (1) Prior to a sale as authorized by 81-4-326, the sheriff shall have the horses classified as follows:
     (a) Class 1 must include:
     (i) horses not bearing a registered brand and that 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 that the owner has failed to redeem as provided in this part, after notice given, and that in the opinion of the stock inspector are of a value not to exceed $10 per head.
     (b) Class 2 must include horses bearing registered brands and that in the opinion of the stock inspector are of a value in excess of $10 per head.
     (2) Horses in class 1 must 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 the county, one of which must be in that portion of the district included in the county.
     (3) Horses in class 2 must 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 the notice must be published once a week for 2 successive weeks before the sale in some newspaper published in the county seat of each county that includes any part of the district, if there is a newspaper, and if there is no newspaper published in any county comprising a part of the district, the notice must be published in any newspaper of general circulation in the county or counties that include the district. The notice required to be published for the sale of horses in class 2 must describe each horse to be sold, giving the approximate age, description, and brands, if any. The proceeds of the sale must 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, must 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 the number of district if there is more than one district.
     (4) A separate fund of the type specified in subsection (3) must be kept by the county treasurer for each of the districts created in that county. The county treasurer shall make a record of the description of each horse, the amount received for the horse, and the amount of deductions. The record must be open to public inspection, and any person making claim of ownership of a horse to the board of county commissioners at any time within 1 year from the date of sale 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 that horse. Any money received from the sale of a horse that is not claimed within 1 year after the sale must at the expiration of that 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); amd. Sec. 2655, Ch. 56, L. 2009.