§ 35-10-104 — Failure of owner to remove or bury dead animal

It shall be the duty of the owner, or person having charge of an
animal which may die in this state, to remove the carcass to a
distance of not less than half a mile from the nearest human
habitation, or to bury it with not less than two (2) feet of
soil over it; and every person failing to so remove or bury such
carcass, for more than forty-eight (48) hours, shall upon
conviction, be fined in a sum not exceeding one hundred dollars
($100.00). And should such animal be the property or in charge
of some person passing through this state, then any peace
officer may (without warrant) detain the owner or person in
charge of such animal, or of the flock or herd from which it
died, as soon as such owner or person shall have shown an
intention not to so bury or remove said carcass, by removing
from it, or removing such flock or herd from it a distance of
half a mile or more, a reasonable time, not to exceed two (2)
days, until a warrant can issue upon an information duly sworn
to. And the brand upon such animal may be given in proof of the
ownership of the same.