Mont. Code § 76-16-316

Current through the 2023 Regular Session
Section 76-16-316 - Sale of trespassing livestock
(1) Upon receipt of the statement referred to in 76-16-315, the sheriff shall proceed to advertise and sell at public auction the livestock taken up.
(2) The livestock must be sold on 5 days' notice posted at the courthouse of each county in which any portion of the state district lies and in a newspaper of general circulation in the county. The sheriff may require from the state district a sufficient bond, conditioned upon the following:
(a) that the state district has used reasonable diligence to discover the owner of the stock and to notify the owner in the premises;
(b) that all requirements of law on the part of the state district to be performed in the premises have been performed; and
(c) that the sheriff is indemnified against all liability for the sale of the livestock except as to the sheriff's own failure to perform the things required by law.

§ 76-16-316, MCA

En. Sec. 26, Ch. 208, L. 1939; amd. Sec. 7, Ch. 199, L. 1945; amd. Sec. 4, Ch. 257, L. 1955; R.C.M. 1947, 46-2326(part); amd. Sec. 25, Ch. 401, L. 1999; amd. Sec. 26, Ch. 31, L. 2001.