Whenever it is shown that any animal of a kind mentioned in this chapter: 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.
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