reglab/housing_qa huggingface dataset:
NM Stat § 77-12-6 (2021)
2021 New Mexico Statutes|Chapter 77 - Animals and Livestock|Article 12 - Herd Law Districts|Section 77-12-6 - Distraint of livestock for damages.

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 is so distrained, are paid or legally tendered. The person distraining the livestock shall give notice to the owner, if known or ascertainable, within forty-eight hours after distraint. History: Laws 1923, ch. 68, § 6; C.S. 1929, § 4-406; 1941 Comp., § 49-1306; 1953 Comp., § 47-13-6; Laws 1999, ch. 282, § 78. ANNOTATIONSThe 1999 amendment, effective July 1, 1999, substituted "a reasonable amount set by the board" for "the sum of fifty cents ($.50)" in the first sentence.
NM Stat § 77-12-7 (2021)
2021 New Mexico Statutes|Chapter 77 - Animals and Livestock|Article 12 - Herd Law Districts|Section 77-12-7 - [Petition for dissolution of district; procedure.]

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 enter an order dissolving such district. History: Laws 1923, ch. 68, § 7; C.S. 1929, § 4-407; 1941 Comp., § 49-1307; 1953 Comp., § 47-13-7. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Procedure for dissolution of all districts. — This section repealed by implication the provisions of Laws 1909, ch. 94, and now sets forth the proper procedure to be followed in the dissolution of such districts. 1930 Op. Att'y Gen. No. 30-30. Am. Jur. 2d, A.L.R. and C.J.S. references. — 4 Am. Jur. 2d Animals § 75 et seq. 3A C.J.S. Animals §§ 252 to 262.
NM Stat § 77-12-8 (2021)
2021 New Mexico Statutes|Chapter 77 - Animals and Livestock|Article 12 - Herd Law Districts|Section 77-12-8 - [Judicial notice of district proceedings.]

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 Comp., § 49-1308; 1953 Comp., § 47-13-8. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law.
NM Stat § 77-12-9 (2021)
2021 New Mexico Statutes|Chapter 77 - Animals and Livestock|Article 12 - Herd Law Districts|Section 77-12-9 - [Fencing of exterior boundaries.]

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, provided they construct automobile runways and cattle guards and gates in such fences where same cross such roads, according to plans and specifications approved by the state highway engineer and such runways, cattle guards and gates when so constructed, provided said gates are closed, shall not be construed to render such fence not a legal fence. History: Laws 1923, ch. 68, § 9; C.S. 1929, § 4-409; 1941 Comp., § 49-1309; 1953 Comp., § 47-13-9. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Cross references. — For cattle guards and gates required in fences crossing highways, see 67-7-10 NMSA 1978. For legal fences, see 77-16-1 to 77-16-9 NMSA 1978. Judicial notice of nature of cattle guards allowed. — Cattle guards are common objects in New Mexico cattle country and courts can take judicial notice of their nature by appropriate books or documents of reference. Williams v. N.M. State Hwy. Comm'n, 1971-NMCA-050, 82 N.M. 550, 484 P.2d 770. Am. Jur. 2d, A.L.R. and C.J.S. references. — 4 Am. Jur. 2d Animals § 70 et seq. 3A C.J.S. Animals § 140.
NM Stat § 77-12-10 (2021)
2021 New Mexico Statutes|Chapter 77 - Animals and Livestock|Article 12 - Herd Law Districts|Section 77-12-10 - Failure to close gate; penalty.

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., § 49-1310; 1953 Comp., § 47-13-10; Laws 1999, ch. 282, § 79. ANNOTATIONSThe 1999 amendment, effective July 1, 1999, inserted "provided for in Section 77-12-9 NMSA 1978" and substituted "sentenced in accordance with the provisions of Section 31-19-1 NMSA 1978" for "fined not less than five dollars nor more than fifty dollars".
NM Stat § 77-12-11 (2021)
2021 New Mexico Statutes|Chapter 77 - Animals and Livestock|Article 12 - Herd Law Districts|Section 77-12-11 - Livestock at large on herd law district road; penalty.

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. History: Laws 1923, ch. 68, § 11; C.S. 1929, § 4-411; 1941 Comp., § 49-1311; 1953 Comp., § 47-13-11; Laws 1999, ch. 282, § 80. ANNOTATIONSThe 1999 amendment, effective July 1, 1999, updated the statutory reference near the beginning of the section, and substituted "sentenced in accordance with the provisions of Section 31-19-1 NMSA 1978" for "fined not less than five dollars nor more than fifty dollars" at the end. Owner liability if cattle strays upon highway. — A cattle owner who negligently fails to keep his cattle from straying upon a highway may be held liable in a civil action for damages arising from a collision with his livestock, even at a point where the highway is unfenced, in open range country. Grubb v. Wolfe, 1965-NMSC-153, 75 N.M. 601, 408 P.2d 756. Public roads deemed not within districts. — It is to be noted that a herd law district must contain land which is contiguous. State and federal highways and the rights-of-way upon which they are built would be public roads subject to the jurisdiction of the state of New Mexico and its agents, and therefore would not be land lying within a herd law district. 1953 Op. Att'y Gen. No. 53-5864. Am. Jur. 2d, A.L.R. and C.J.S. references. — Owner's liability, under legislation forbidding domestic animals to run at large on highways, as dependent on negligence, 34 A.L.R.2d 1285. Liability of person, other than owner of animal or owner or operator of motor vehicle, for damage to motor vehicle or injury to person riding therein resulting from collision with domestic animal at large in street or highway, 21 A.L.R.4th 132. Liability of owner or operator of motor vehicle for damage to motor vehicle or injury to person riding therein resulting from collision with domestic animal at large in street or highway, 21 A.L.R.4th 159. Liability of owner of animal for damage to motor vehicle or injury to person riding therein resulting from collision with domestic animal at large in street or highway, 29 A.L.R.4th 431.
NM Stat § 77-12-12 (2021)
2021 New Mexico Statutes|Chapter 77 - Animals and Livestock|Article 12 - Herd Law Districts|Section 77-12-12 - [Application of act.]

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 Session Laws of 1921, but such owners, lessees and contract purchase holders within any organized irrigation district may take advantage of the provisions of this act. History: Laws 1923, ch. 68, § 12; C.S. 1929, § 4-412; 1941 Comp., § 49-1312; 1953 Comp., § 47-13-12. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Chapter 88 of the Session Laws of 1919, compiled as 77-14-8 through 77-14-24 NMSA 1978, was repealed by Laws 2017, ch. 129, § 2, effective June 16, 2017.
NM Stat § 77-13-1 (2021)
2021 New Mexico Statutes|Chapter 77 - Animals and Livestock|Article 13 - Estrays|Section 77-13-1 - Possession of estray unlawful.

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 Comp., § 49-1501; 1953 Comp., § 47-14-1; Laws 1975, ch. 45, § 1; 1993, ch. 248, § 78. ANNOTATIONSCross references. — For unbranded animals or those unaccompanied by bill of sale as estrays, see 77-9-40 NMSA 1978. For illegal confinement of animals, see 30-18-5 NMSA 1978. The 1993 amendment, effective June 18, 1993, rewrote this section to the extent that a detailed comparison is impracticable. When horse not estray. — A horse whose brand was duly recorded and which was not 50 miles from its usual range was not an estray. State v. Miller, 1937-NMSC-076, 41 N.M. 618, 72 P.2d 1088. Am. Jur. 2d, A.L.R. and C.J.S. references. — 4 Am. Jur. 2d Animals § 66. 3A C.J.S. Animals § 123.
NM Stat § 77-13-2 (2021)
2021 New Mexico Statutes|Chapter 77 - Animals and Livestock|Article 13 - Estrays|Section 77-13-2 - Impoundment of estray animals.

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 of an estray upon any public or private range, fenced or unfenced, may notify the director or an inspector, giving description of the estray, and upon instructions from the board or inspector the estray shall be turned over to an inspector for disposition as the board may direct according to law. C. It is lawful for a person having knowledge of an estray grazing on public land, public highways or other lands used for grazing purposes in conjunction with public land and who has the prior approval of or is acting in cooperation with an agent of the board to impound and detain the estray for the purpose of ascertaining ownership by brand or other means of identification. The owner of the estray found to be in trespass shall be allowed forty-eight hours from receipt of notice of impoundment within which to claim the animal and make settlement for trespass damage. If the owner fails to claim the animal and effect a settlement for trespass damages within the time allowed, the estray detained shall be turned over to an inspector or other agent of the board for disposition in the same manner as provided for other estrays under Chapter 77, Article 13 NMSA 1978. History: Laws 1907, ch. 80, § 2; Code 1915, § 158; C.S. 1929, § 4-1502; 1941 Comp., § 49-1502; Laws 1951, ch. 122, § 1; 1953 Comp., § 47-14-2; Laws 1977, ch. 165, § 1; 1999, ch. 282, § 81. ANNOTATIONSThe 1999 amendment, effective July 1, 1999, updated the statutory references in Subsection C, and made stylistic changes throughout the section. The 1977 amendment rewrote this section, which formerly dealt with reporting the taking up of estray animals to the secretary of the cattle sanitary board. Board may sell unclaimed animals. — The cattle sanitary board of New Mexico (now livestock board) can sell impounded livestock which have a legally recorded brand and whose owners are known, and have been notified of impoundment, but who refuse to claim such impounded animals within the specified time, if the statutory procedure is followed. 1954 Op. Att'y Gen. No. 54-5954. Am. Jur. 2d, A.L.R. and C.J.S. references. — 4 Am. Jur. 2d Animals § 68. 3A C.J.S. Animals §§ 87, 124, 125.
NM Stat § 77-13-3 (2021)
2021 New Mexico Statutes|Chapter 77 - Animals and Livestock|Article 13 - Estrays|Section 77-13-3 - Examination of brand records; notice to owner; charge for 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 impoundment of the estray and, upon the owner proving to the satisfaction of the board that the estray is lawfully his, the board shall issue to him an order to receive the estray upon payment of any reasonable charges that may have been incurred in the care of the estray impounded. History: Laws 1907, ch. 80, § 3; Code 1915, § 159, C.S. 1929, § 4-1503; 1941 Comp., § 49-1503; Laws 1953, ch. 18, § 1; 1953 Comp., § 47-14-3; Laws 1977, ch. 165, § 2; 1999, ch. 282, § 82. ANNOTATIONSThe 1999 amendment, effective July 1, 1999, made several stylistic changes throughout the section. The 1977 amendment rewrote this section, which formerly dealt with duties of the secretary of the cattle sanitary board and the taking up of estrays. Am. Jur. 2d, A.L.R. and C.J.S. references. — 3A C.J.S. Animals § 128.
NM Stat § 77-13-4 (2021)
2021 New Mexico Statutes|Chapter 77 - Animals and Livestock|Article 13 - Estrays|Section 77-13-4 - Owner unknown; publication and posting of notice.

If the director of the New Mexico livestock board is unable to determine from the records and description who is the owner or probable owner of such estray or estrays, he shall publish at least once in some publication in general circulation in the county in which the estray animal was picked up, said publication to be designated by the New Mexico livestock board, a notice of such estray, which notice shall give a description of the animal or animals, shall state when and where the same were impounded and shall give notice that unless the animal or animals are claimed by the legal owner within five days after the publication of the notice, the same shall be sold by the New Mexico livestock board for the benefit of the owner when found. History: Laws 1907, ch. 80, § 4; Code 1915, § 160; Laws 1921, ch. 114, § 1; C.S. 1929, § 4-1504; Laws 1941, ch. 109, § 1; 1941 Comp., § 49-1504; Laws 1953, ch. 19, § 1; 1953 Comp., § 47-14-4; Laws 1977, ch. 165, § 3. ANNOTATIONSCross references. — For impounding of animals running at large in irrigation districts, see 77-14-7 NMSA 1978. The 1977 amendment rewrote this section, which formerly dealt with duties of the secretary of the cattle sanitary board and the taking up of estrays.
NM Stat § 77-13-5 (2021)
2021 New Mexico Statutes|Chapter 77 - Animals and Livestock|Article 13 - Estrays|Section 77-13-5 - Sale of unclaimed estrays; bill of sale; effect; sale without advertisement; conditions.

If an estray is not claimed within five days after the last 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 to the purchaser from the board, signed by himself as inspector. The bill of sale shall be legal evidence of the ownership of the livestock by the purchaser and shall be a legal title to the livestock. Where the director determines that it is impractical to publish notice, the estray may be sold immediately without notice. In such case, the board shall publish notice of the proceeds from the sale of the estray in the same manner and for the same length of time as provided for the notice of the sale and shall hold and distribute the proceeds from the sale in the same manner as if the sale were made after notice. History: Laws 1907, ch. 80, § 5; Code 1915, § 161; Laws 1921, ch. 114, § 2; C.S. 1929, § 4-1505; Laws 1939, ch. 16, § 1; 1941 Comp., § 49-1505; 1953 Comp., § 47-14-5; Laws 1977, ch. 165, § 4; 1999, ch. 282, § 83. ANNOTATIONSThe 1999 amendment, effective July 1, 1999, made stylistic changes throughout the section. The 1977 amendment rewrote this section, which formerly dealt with the duties of the cattle sanitary board and its brand inspectors, reducing the period before sale in the first sentence from twenty days to five days. Sales of estray animals must be strictly in accordance with statute, and brands must be correctly given in the advertisement. 1913 Op. Att'y Gen. No. 13-993. Law silent on branding of estrays by board. — The law is apparently absolutely silent on whether the cattle sanitary board (now New Mexico livestock board) may brand estrays with its brand before sale for the purpose of identifying it, and include the brand in the description of the animal in the bill of sale issued by the board. Nothing expressly permits such practice, or prohibits it. 1940 Op. Att'y Gen. No. 40-3636. Am. Jur. 2d, A.L.R. and C.J.S. references. — 4 Am. Jur. 2d Animals § 68. 3A C.J.S. Animals § 130.
NM Stat § 77-13-6 (2021)
2021 New Mexico Statutes|Chapter 77 - Animals and Livestock|Article 13 - Estrays|Section 77-13-6 - Disposition of proceeds; record of sale; payments to 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 same showing the marks and brands and other means of identification of the livestock and giving the amount realized from the sale. The record shall be open to the inspection of the public. Should the lawful owner of an estray that has been sold be found within two years after the sale of the livestock, the net amount received from the sale of the estray less the sum prescribed by law for office handling fees shall be paid to the owner upon his proving ownership to the satisfaction of the board. History: Laws 1907, ch. 80, § 6; Code 1915, § 162; C.S. 1929, § 4-1506; 1941 Comp., § 49-1506; 1953 Comp., § 47-14-6; Laws 1977, ch. 165, § 5; 1981, ch. 357, § 13; 1999, ch. 282, § 84. ANNOTATIONSThe 1999 amendment, effective July 1, 1999, made stylistic changes throughout the section. The 1981 amendment substituted "prescribed by law" for "of five dollars ($5.00)" in the second sentence. The 1977 amendment substituted "livestock inspector" for "brand inspector" near the beginning of this section, substituted "New Mexico livestock board" for "cattle sanitary board" in two places, substituted "five dollars ($5.00) for office handling fees" for "one dollar ($1.00) for each estray, to be retained by the cattle sanitary board" in the second sentence and made other minor changes.
NM Stat § 77-13-7 (2021)
2021 New Mexico Statutes|Chapter 77 - Animals and Livestock|Article 13 - Estrays|Section 77-13-7 - Rights of impounder; charges; determination by board.

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 impounder for possession of the same, the impounder shall at once notify the New Mexico livestock board in writing of such application. Should the board be satisfied that the applicant is the lawful owner, it shall forthwith issue an order by the director authorizing the impounder to deliver said estray or estrays to the owner, who may be required to pay any reasonable charges incurred by the impounder; provided, that in case of a controversy as to what shall constitute a reasonable charge, the New Mexico livestock board shall fix the amount, the time of service for which the impounder may claim remuneration, commencing on the date of notification made by the impounder to the New Mexico livestock board. History: Laws 1907, ch. 80, § 7; Code 1915, § 163; C.S. 1929, § 4-1507; 1941 Comp., § 49-1507; 1953 Comp., § 47-14-7; Laws 1977, ch. 165, § 6. ANNOTATIONSThe 1977 amendment rewrote this section, which formerly referred to takers-up and the cattle sanitary board. Am. Jur. 2d, A.L.R. and C.J.S. references. — 4 Am. Jur. 2d Animals § 66. 3A C.J.S. Animals § 127.
NM Stat § 77-13-8 (2021)
2021 New Mexico Statutes|Chapter 77 - Animals and Livestock|Article 13 - Estrays|Section 77-13-8 - Impounding estray; failure to notify board; penalty.

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 and upon conviction shall be sentenced in accordance with the provisions of Section 31-19-1 NMSA 1978 for each offense. History: Laws 1907, ch. 80, § 8; Code 1915, § 164; C.S. 1929, § 4-1508; 1941 Comp., § 49-1508; 1953 Comp., § 47-14-8; Laws 1977, ch. 165, § 7; 1999, ch. 282, § 85. ANNOTATIONSThe 1999 amendment, effective July 1, 1999, updated the statutory references in the first section, substituted "shall be sentenced in accordance with the provisions of Section 31-19-1 NMSA 1978" for "may be fined one hundred dollars ($100)" in the last sentence, and made stylistic changes. The 1977 amendment rewrote this section, which formerly dealt with taking up estrays and provided a maximum fine of $500 for taking up estrays without notifying the cattle sanitary board. Board may impound livestock upon roads within herd law districts. — The cattle sanitary board of New Mexico (now livestock board) does have the authority to take up and impound livestock with a legally recorded brand on them which are found running at large upon state or federal highways or upon public roads within herd law district areas. 1953 Op. Att'y Gen. No. 53-5864. Am. Jur. 2d, A.L.R. and C.J.S. references. — 3A C.J.S. Animals § 133.
NM Stat § 77-13-9 (2021)
2021 New Mexico Statutes|Chapter 77 - Animals and Livestock|Article 13 - Estrays|Section 77-13-9 - Escape or removal of estray; possessory right of person 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 person or the New Mexico livestock board or its authorized inspector shall have the right to recover the animal wherever the same may be found, to be held until disposed of as provided for in this article. History: Laws 1907, ch. 80, § 9; Code 1915, § 165; C.S. 1929, § 4-1509; 1941 Comp., § 49-1509; 1953 Comp., § 47-14-9; Laws 1977, ch. 165, § 8. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Compiler's notes. — The words "this article" at the end of this section first appeared in Laws 1977, ch. 165, and refer to Article 14 of Chapter 47, 1953 Comp., the present provisions of which are compiled as 77-13-1 to 77-13-10 NMSA 1978. The 1977 amendment substituted "impounding" for "taking up" at the end of the catchline of this section, substituted "impounded" for "taken up" near the beginning of the section, inserted "or the New Mexico livestock board or its authorized inspector" and made other minor changes. Am. Jur. 2d, A.L.R. and C.J.S. references. — 3A C.J.S. Animals § 129.