2000 Minnesota Statutes

     346.19 Certain male animals or breachy cattle.  

    Subdivision 1.    Running at large; penalty.  The owner 
 of any stallion over the age of one year, bull over the age of 
 nine months, boar or ram over the age of three months, or of any 
 breachy cattle, who shall suffer the same to run at large in any 
 town, shall forfeit to such town $5 for each day any such animal 
 shall be so at large.  "Run at large" means any animal which is 
 not picketed, confined in a corral or otherwise restricted by a 
 properly constructed and maintained legal fence as defined by 
 Minnesota Statutes 1945, section 344.02.  

    Subd. 2.    Owner notified; proceedings; sale.  Upon 
 notice that any such animal is running at large, the chair of 
 the town board shall forthwith notify its owner, and, if the 
 owner does not immediately confine such animal, the chair shall 
 cause suit to be brought against the owner, in the name of the 
 town, to recover the forfeiture, and the animal may be sold 
 under execution in such action to pay the forfeiture and costs.  

    Subd. 3.    Disposal of proceeds.  After deducting the 
 costs and expenses of suit, all such forfeitures collected shall 
 be paid into the town treasury for the use of the road and 
 bridge fund.  

    Subd. 4.    When owner not found.  If unable to find 
 the owner of any such animal, the chair shall cause it to be 
 confined in the public pound, if there be one, and, if not, in 
 some other enclosure, for three days; and, if not then claimed, 
 the chair shall cause it to be sold, at public auction, upon 
 five days' posted notice.  From the proceeds of the sale the 
 chair shall deduct the amount of the forfeiture and expenses, 
 and deposit the balance with the town treasurer, which shall be 
 paid to the owner of the animal if applied for within one year.  
 If not so applied for, the same shall be paid into the town 
 treasury for the use of the town.  

    Subd. 5.    Castration; limitation of liability in case of 
 rams.  If, after being notified, the owner of any such 
 stallion, bull, boar, or ram shall permit the same to continue 
 or again to run at large, such chair shall forthwith cause the 
 same to be taken up and castrated in the usual manner, and shall 
 have a lien on such animals for the expenses of so doing, and 
 may also recover the amount of such expenses from the owner of 
 the animal in a civil action brought in the name of the town; 
 provided, that any such ram running at large may be castrated 
 without liability for damages by any person among whose sheep he 
 shall be found.  Any chair who shall refuse or neglect to 
 perform any of the duties required by this section shall be 
 guilty of a misdemeanor.  

    HIST: (7291, 7292, 7293, 7294) RL s 2793, 2794, 2795, 2796; 
 1947 c 448 s 1; 1986 c 444