Chapter 77 — Chapter 77

The operator shall: A. keep posted and on display in a conspicuous place at the livestock auction market an unexpired, uncanceled license issued by the board as provided in Section 77-10-2 NMSA 1978; B. keep the livestock auction market clean and sanitary and, whenever required b…

Immediately on receipt of any livestock at the livestock auction market, the operator shall give written notice to the board in such form as the board may prescribe, stating the kind and number and description of the livestock received. At the same time, the operator shall collec…

All livestock received at a livestock auction market shall be inspected by an inspector as soon as practicable. The inspector shall satisfy himself as to the ownership of the livestock and the purpose for which it has been received. Before the removal of the livestock, it shall b…

ANNOTATIONS Repeals. — Laws 1981, ch. 357, § 16, repealed 77-10-6 NMSA 1978, as enacted by Laws 1937, ch. 59, § 6, relating to livestock inspected by a board veterinarian, effective July 1, 1981.

All scales maintained by the operator shall be regularly inspected and certified as is required of scales used by merchants. History: Laws 1937, ch. 59, § 7; 1941 Comp., § 49-1007; 1953 Comp., § 47-10-7.

The board is hereby authorized to make and enforce rules and regulations by it deemed necessary or convenient to carry out the purpose and intent of this act [77-10-1 to 77-10-10 NMSA 1978]. History: Laws 1937, ch. 59, § 8; 1941 Comp., § 49-1008; 1953 Comp., § 47-10-8.

Whenever an owner of livestock avails himself of the provisions of Chapter 77, Article 10 NMSA 1978, he is bound by the rules of the board as to health and ownership. History: Laws 1937, ch. 59, § 81/2; 1941 Comp., § 49-1009; 1953 Comp., § 47-10-9; Laws 1993, ch. 248, § 77; 1999,…

for violations.] Any person, persons, company or corporation, or their or either of their [sic] agents or employees, having charge of any herd of cattle, horses or other animals for the purpose of driving them from place to place through or over the fenced land of another shall, …

All contracts made by the owner of any animals, including horses, cattle, sheep and goats, with any other person, for the herding or caring for the same, for pay or on shares, or in any other manner except by absolute purchase, shall be filed in the office of the county clerk of …

Partido and herding contracts shall be filed in the manner now or hereafter provided by law for filing chattel mortgages. History: Laws 1923, ch. 14, § 2; C.S. 1929, § 4-312; Laws 1939, ch. 60, § 2; 1941 Comp., § 49-1203; 1953, Comp., § 47-12-3.

Every such partido or herding contract filed in accordance with the provisions of this act [77-11-2 to 77-11-5, 77-11-7 NMSA 1978] shall have the full force and effect given to the recording of an instrument affecting real estate. History: Laws 1923, ch. 14, § 4; C.S. 1929, § 4-3…

The failure to file any such partido or herding contract, as hereinbefore in this act [77-11-2 to 77-11-4 NMSA 1978] provided, shall render the same void as to subsequent mortgages [mortgagees] in good faith, purchasers for value without notice and subsequent judgment or attachin…

All such partido or herding contracts which have heretofore been filed in accordance with the law covering the filing of chattel mortgages in force and effect at the time of such filing shall by such filing be considered as effective notice thereof to all persons, and such filing…

possession. When anyone has or shall receive from the owner thereof any horses, cattle, sheep or goats under written contract, for the herding or caring for the same for pay or on shares, or in any other manner, except by absolute purchase, such horses, cattle, sheep and goats, t…

"pedigree bull" defined.] Hereafter it shall be unlawful for any person or persons, company or corporation to turn loose upon any common or public range in this state any she or female cattle unspayed and over the age of nine months without at the same time turning loose and keep…

Whenever dangerous bulls of bad breed are found in any herd and remain there doing damage to the owner of said herd for the term of fifteen days, driving off or horning his own bulls, it shall be lawful for the owner or person in charge of said herd to geld any such dangerous, vi…

Whenever the word "person" is used in this act [77-12-1 to 77-12-12 NMSA 1978], it shall include persons, firms and corporations. History: Laws 1923, ch. 68, § 1; C.S. 1929, § 4-401; 1941 Comp., § 49-1301; 1953 Comp., § 47-13-1.

A person who opens and fails to close a gate provided for in Section 77-12-9 NMSA 1978 is guilty of a misdemeanor and on conviction shall be sentenced in accordance with the provisions of Section 31-19-1 NMSA 1978. History: Laws 1923, ch. 68, § 10; C.S. 1929, § 4-410; 1941 Comp.,…

An owner or holder of livestock described in Section 77-12-6 NMSA 1978 who permits livestock to run at large on a public road within a herd law district is guilty of a misdemeanor and on conviction shall be sentenced in accordance with the provisions of Section 31-19-1 NMSA 1978.…

This act [77-12-1 to 77-12-12 NMSA 1978] shall not apply to territory within an incorporated city, town or village, nor shall it be construed to repeal, amend or in anywise affect the provisions of Chapter 88 of the Session Laws of 1919 [repealed], as amended by Chapter 70 of the…

publication of notice; conduct; order; publication; exception.] Whenever persons who own or hold under lease or contract of purchase a majority of the acres of contiguous tracts of land, aggregating not less than three thousand eight hundred and forty acres, shall file with the b…

Such district shall not include any part of the contiguous land held by any person as owner, lessee or contract purchaser, unless it shall include the whole of all such lands of such person, except where such person shall expressly consent thereto by signing and acknowledging sai…

The publications required by this act [77-12-1 to 77-12-12 NMSA 1978] shall be made in English or Spanish or both in the discretion of the board of county commissioners. The board of county commissioners at the time of entering the orders herein provided for shall enter an order …

From and after the date said order takes effect, when any trespassing shall have been done by any cattle, horses, sheep, goats, hogs or other livestock, upon the land or property within said district, whether such land or property is enclosed with a legal fence or not, the person…

A person damaged by trespassing livestock may hold and distrain the trespassing livestock until the damages that he has suffered and the costs, including a reasonable amount set by the board per head per day for feeding and caring for the livestock during the time the livestock i…

Upon like petition requesting the dissolution of such district, and after the same notice and hearing as herein provided for the formation of such district, the board of county commissioners of the county in which such tracts of land or a major portion thereof are situated, shall…

The court shall take judicial notice of the filing of such petition, the granting of such order, the publication thereof and of the location, extent and description of the district set forth in such order and publication. History: Laws 1923, ch. 68, § 8; C.S. 1929, § 4-408; 1941 …

The owners, contract purchasers or lessees of lands, lying next to the exterior boundaries of any such herd law district, may construct a legal fence along the whole or any part of such exterior boundaries including the intersection with the roads which enter such districts, prov…

It shall be unlawful for any person, corporation or company or its employees or agents to take up any estray and retain possession of the estray except as provided in Chapter 77, Article 13 NMSA 1978. History: Laws 1907, ch. 80, § 1; Code 1915, § 157; C.S. 1929, § 4-1501; 1941 Co…

Nothing in this article shall amend, alter, change or interfere with the rights of any incorporated municipality in this state to prevent the running at large of any stock within the corporate limits of said municipality, and the impounding of the same as is now provided by law. …

A. A person shall not impound an estray except when the estray is found on property the person owns or controls. When a person impounds an estray, he shall, within five days of the impoundment, notify the director or an inspector of the impoundment. B. A person having knowledge o…

care; limitation. Upon receiving notice of the impoundment of an estray the director shall make or cause to be made an examination of the brand records. If from this record the name of the owner or probable owner can be determined, the director shall notify the owner of the impou…

A. If the director is unable to determine from the records and description who is the owner or probable owner of an estray, the director shall publish at least once in some publication in general circulation in the county in which the estray animal was picked up, the publication …

without advertisement; conditions. A. If an estray that is not an equine is not claimed within five days after publication of notice, it may be sold by the board through an inspector in such manner as the board may direct. The inspector making the sale shall give a bill of sale t…

owner. The inspector making the sale of an estray shall return the proceeds of the sale to the board. The board shall pay the expenses incurred in the impounding, publishing of notice and selling of the animal and place the balance in the fund of the board, making a record of the…

Upon the impoundment of any estray animal or animals as provided in Section 77- 13-2 NMSA 1978, the impounder shall be entitled to hold same lawfully until relieved of their custody by the New Mexico livestock board. Should a claimant for the animal or animals apply to the impoun…

It is unlawful for a person other than an inspector to impound or retain possession of an estray except as provided in Sections 77-13-2 and 77-13-7 NMSA 1978. A person who impounds an estray contrary to the provisions of Chapter 77, Article 13 NMSA 1978 is guilty of a misdemeanor…

impounding. If any animal, after having been impounded by any person under the provisions of this article, shall escape or be taken from the possession or custody of such person before the same shall have been disposed of under the provisions of the [this] article, then such pers…

ANNOTATIONS Repeals. — Laws 1999, ch. 282, § 104 repealed 77-14-1 NMSA 1978, as enacted by Laws 1882, ch. 42, § 5, relating to trespass within inclosure for occupation or pasturage, effective July 1, 1999. For provisions of former section, see the 1998 NMSA 1978 on NMOneSource.co…

History: Laws 1919, ch. 88, § 3; C.S. 1929, § 4-703; 1941 Comp., § 49-1609; 1953 Comp., § 47-15-9; repealed by Laws 2017, ch. 129, § 2.

History: Laws 1919, ch. 88, § 4; C.S. 1929, § 4-704; 1941 Comp., § 49-1610; 1953 Comp., § 47-15-10; Laws 1999, ch. 282, § 90; repealed by Laws 2017, ch. 129, § 2.

History: Laws 1919, ch. 88, § 5; C.S. 1929, § 4-705; 1941 Comp., § 49-1611; 1953 Comp., § 47-15-11; repealed by Laws 2017, ch. 129, § 2.

History: Laws 1919, ch. 88, § 7; C.S. 1929, § 4-707; 1941 Comp., § 49-1613; 1953 Comp., § 47-15-13; repealed by Laws 2017, ch. 129, § 2.

History: Laws 1919, ch. 88, § 8; C.S. 1929, § 4-708; 1941 Comp., § 49-1614; 1953 Comp., § 47-15-14; repealed by Laws 2017, ch. 129, § 2.

History: Laws 1919, ch. 88, § 9; C.S. 1929, § 4-709; 1941 Comp., § 49-1615; 1953 Comp., § 47-15-15; repealed by Laws 2017, ch. 129, § 2.

History: Laws 1919, ch. 88, § 10; C.S. 1929, § 4-710; 1941 Comp., § 49-1616; 1953 Comp., § 47-15-16; repealed by Laws 2017, ch. 129, § 2.

History: Laws 1919, ch. 88, § 11; C.S. 1929, § 4-711; 1941 Comp., § 49-1617; 1953 Comp., § 47-15-17; repealed by Laws 2017, ch. 129, § 2.

History: Laws 1919, ch. 88, § 12; C.S. 1929, § 4-712; 1941 Comp., § 49-1618; 1953 Comp., § 47-15-18; repealed by Laws 2017, ch. 129, § 2.

History: Laws 1919, ch. 88, § 13; C.S. 1929, § 4-713; 1941 Comp., § 49-1619; 1953 Comp., § 47-15-19; repealed by Laws 2017, ch. 129, § 2.

As used in Chapter 77, Article 14 NMSA 1978, "proper military authority" means the commanding officer or other person in charge of a military reservation or enclave. History: 1953 Comp., § 47-15-1.1, enacted by Laws 1977, ch. 189, § 1; 1989, ch. 230, § 1; 1999, ch. 282, § 86.