Herding or grazing of livestock on land of another without consent unlawful; liability for damages; attachment.

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1. It shall be unlawful for any person to herd or graze any livestock upon the lands of another without having first obtained the consent of the owner of the lands so to do. The person claiming to be the owner of such lands shall have the legal title thereto, or an application to purchase the same with the first payment made thereon.

2. The livestock which is herded or grazed upon the lands of another, contrary to the provisions of subsection 1, shall be liable for all damages done by such livestock while being unlawfully herded or grazed on the lands of another, together with costs of suit and reasonable counsel fees, to be fixed by the court trying an action therefor. The livestock may be seized and held by a writ of attachment, issued in the same manner as provided in chapter 31 or 71 of NRS, as security for the payment of any judgment which may be recovered by the owner of such lands for damages incurred by reason of violation of any of the provisions of this section. The claim and lien of a judgment or attachment in such an action shall be superior to any claim or demand which arose subsequent to the commencement of the action.

3. This section shall not apply to any livestock running at large on the ranges or commons.

[1:31:1893; C § 780; RL § 2335; NCL § 4019] + [2:31:1893; C § 781; RL § 2336; NCL § 4020] + [3:31:1893; C § 782; RL § 2337; NCL § 4021]


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