40-28-10. Livestock owner's bond to be approved by sheriff--Release of animals--Sheriff's fee. If the person aggrieved is not satisfied with the sufficiency of the bond and the parties cannot agree, a bond shall be furnished and shall be approved by the sheriff and after his approval the person holding the trespassing animal or animals is required to turn them over to the owner. Failure to do so makes him a trespasser. The owner of the trespassing animal or animals shall pay the sheriff five dollars for approving the bond and the owner shall be taxed with the costs if a suit is instituted later.
Source: SL 1917, ch 371; RC 1919, § 2924; SL 1921, ch 404; SL 1925, ch 294; SDC 1939 & Supp 1960, § 37.2403; SL 1983, ch 290, § 2.
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