A. A duly executed bill of sale is an instrument in writing by which the owner or his authorized agent transfers to the buyer the title to the sheep or goat described in the bill of sale and guarantees to defend the title against all lawful claims. It shall fully describe in detail the sheep or goat, and such description shall include marks, brands and all other identification. The bill of sale shall be executed the day of the transaction.

B. A purchase sheet properly executed by a licensed livestock auction market constitutes a valid bill of sale.

C. A registration certificate issued by a recognized pure-bred association, properly identifying the animal and properly acknowledged by the secretary of the association, may be used as proof of ownership.

D. An inspection certificate executed as a bill of sale and certified by inspector may be used as proof of ownership.

E. A person shall not sell or buy sheep or goats unless a bill of sale is provided. The possession by a person of sheep or goats having any mark or brand not his recorded mark or brand unless he has a bill of sale or authority in writing to possess or sell such sheep or goats shall be taken as prima facie evidence that he committed larceny of the sheep or goats and shall be sufficient for his conviction of larceny unless the evidence shows his innocence.

History: 1941 Comp., § 49-888, enacted by Laws 1951, ch. 188, § 27; 1953 Comp., § 47-8-27; Laws 1999, ch. 282, § 41.

The 1999 amendment, effective July 1, 1999, added Subsections A to D; designated the formerly undesignated paragraph as Subsection E, and in that Subsection, rewrote the first sentence, which formerly read "No person shall sell, nor shall any person buy, sheep, unless the seller gives to the purchaser and the purchaser receives from the seller a bill of sale which fully describes the sheep by their marks, brands, number and class and is duly acknowledged before some officer authorized by law to take acknowledgements", and inserted "or goats" following "sheep" throughout the second sentence.