North Dakota Code 36-12-04 – Finding of animal of another in herd or flock as presumptive evidence
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Whenever it is shown that any animal of a kind mentioned in this chapter:
Terms Used In North Dakota Code 36-12-04
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
1. Has been found in a herd or flock of the same kind of animals; 2. Is not a part of such herd or flock; and
3. Is in such herd or flock without the consent of the owner of such animal, such facts are presumptive evidence of a violation of the provisions of section 36-12-02 by each drover, herder, or assistant drover or herder having charge or control of such herd or flock at the time of the finding of such animal. Evidence of such facts is admissible in any action brought under the provisions of this chapter.