Duty of custodian - fees - recovery

Where animals are in violation of section 35-47-101, a sheriff or other peace officer of the county, on complaint of any person, shall take custody of the animal and place it on feed and water. The sheriff or other peace officer may appoint a custodian for such purpose and pay the custodian a fee of four dollars per day to be assessed as costs, and the owner or agent may give the sheriff or other peace officer a redelivery bond in sufficient sum for repossession of the owner's or agent's stock, pending a court action. In cases where the owner or agent is known and has been convicted in court, the sheriff or other officer may dispose of such animals or sufficient numbers of them to pay for the fine and reasonable costs of feeding and other expenses in connection with the animals, after giving ten days' notice by posting three notices in public and conspicuous places. In cases where the owner of such animals is unknown, the animals shall be taken up and disposed of by the state board of stock inspection commissioners or one of its duly authorized representatives, the same as other estrays as provided for by law.