reglab/statecodes huggingface dataset:
2023 New Mexico Statutes › Chapter 77 - Animals and Livestock › Article 14 - Trespass and Running at Large › Section 77-14-28 - Repealed.

Laws 1927, ch. 50, § 4; C.S. 1929, § 4-604; 1941 Comp., § 49-1628; 1953 Comp., § 47-15-28; repealed by Laws 1999, ch. 282, § 104.
ANNOTATIONS
Repeals.
— Laws 1999, ch. 282, § 104 repealed 77-14-28 NMSA 1978, as enacted by Laws 1927, ch. 50, § 4, relating to sale, publication of notice, conduct, redemption, effective July 1, 1999. For provisions of former section,
see
the 1998 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 77 - Animals and Livestock › Article 14 - Trespass and Running at Large › Section 77-14-29 - Repealed.

Laws 1927, ch. 50, § 5; C.S. 1929, § 4-605; 1941 Comp., § 49-1629; 1953 Comp., § 47-15-29; repealed by Laws 1999, ch. 282, § 104.
ANNOTATIONS
Repeals.
— Laws 1999, ch. 282, § 104 repealed 77-14-29 NMSA 1978, as enacted by Laws 1927, ch. 50, § 5, relating to impounded animals, recovery before sale, effective July 1, 1999. For provisions of former section,
see
the 1998 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 77 - Animals and Livestock › Article 14 - Trespass and Running at Large › Section 77-14-30 - Repealed.

Laws 1927, ch. 50, § 6; C.S. 1929, § 4-606; 1941 Comp., § 49-1630; 1953 Comp., § 47-15-30; repealed by Laws 1999, ch. 282, § 104.
ANNOTATIONS
Repeals.
— Laws 1999, ch. 282, § 104 repealed 77-14-30 NMSA 1978, as enacted by Laws 1927, ch. 50, § 6, relating to disposition of unsold animals, effective July 1, 1999. For provisions of former section,
see
the 1998 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 77 - Animals and Livestock › Article 14 - Trespass and Running at Large › Section 77-14-31 - Repealed.

Laws 1927, ch. 50, § 7; C.S. 1929, § 4-607; 1941 Comp., § 49-1631; 1953 Comp., § 47-15-31; repealed by Laws 1999, ch. 282, § 104.
ANNOTATIONS
Repeals.
— Laws 1999, ch. 282, § 104 repealed 77-14-31 NMSA 1978, as enacted by Laws 1927, ch. 50, § 7, relating to disposition of excess funds, effective July 1, 1999. For provisions of former section,
see
the 1998 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 77 - Animals and Livestock › Article 14 - Trespass and Running at Large › Section 77-14-32 - Repealed.

Laws 1927, ch. 50, § 8; C.S. 1929, § 4-608; 1941 Comp., § 49-1632; 1953 Comp., § 47-15-32; repealed by Laws 1999, ch. 282, § 104.
ANNOTATIONS
Repeals.
— Laws 1999, ch. 282, § 104 repealed 77-14-32 NMSA 1978, as enacted by Laws 1927, ch. 50, § 8, relating to poundkeeper's charges, effective July 1, 1999. For provisions of former section,
see
the 1998 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 77 - Animals and Livestock › Article 14 - Trespass and Running at Large › Section 77-14-33 - Repealed.

Laws 1927, ch. 50, § 9; C.S. 1929, § 4-609; 1941 Comp., § 49-1633; 1953 Comp., § 47-15-33; repealed by Laws 1999, ch. 282, § 104.
ANNOTATIONS
Repeals.
— Laws 1999, ch. 282, § 104 repealed 77-14-33 NMSA 1978, as enacted by Laws 1927, ch. 50, § 9, relating to poundkeeper; statements to be filed, effective July 1, 1999. For provisions of former section,
see
the 1998 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 77 - Animals and Livestock › Article 14 - Trespass and Running at Large › Section 77-14-34 - Repealed.

Laws 1927, ch. 50, § 10; C.S. 1929, § 4-610; 1941 Comp., § 49-1634; 1953 Comp., § 47-15-34; repealed by Laws 1999, ch. 282, § 104.
ANNOTATIONS
Repeals.
— Laws 1999, ch. 282, § 104 repealed 77-14-34 NMSA 1978, as enacted by Laws 1927, ch. 50, § 10, relating to constable, failure to comply, removal from office, effective July 1, 1999. For provisions of former section,
see
the 1998 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 77 - Animals and Livestock › Article 14 - Trespass and Running at Large › Section 77-14-35 - Repealed.

History:
Laws 1901, ch. 54, § 1; Code 1915, § 40; C.S. 1929, § 4-310; 1941 Comp., § 49-1635; 1953 Comp., § 47-15-35; Laws 1957, ch. 34, § 1; 1999, ch. 282, § 93; repealed by Laws 2017, ch. 129, § 2.
ANNOTATIONS
Repeals.
— Laws 2017, ch. 129, § 2 repealed 77-14-35 NMSA 1978, as enacted by Laws 1901, ch. 54, § 1, relating to livestock not to run at large in municipalities, trespass, damages, penalty, effective June 16, 2017. For provisions of former section,
see
the 2016 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 77 - Animals and Livestock › Article 14 - Trespass and Running at Large › Section 77-14-37 - Repealed.

History:
Laws 1921, ch. 76, § 1; C.S. 1929, § 4-341; 1941 Comp., § 49-1636; 1953 Comp., § 47-15-36; repealed by Laws 1999, ch. 282, § 104.
ANNOTATIONS
Repeals.
— Laws 1999, ch. 282, § 104 repealed 77-14-37 NMSA 1978, as enacted by Laws 1921, ch. 76, § 1, relating to stallions running at large, mustangs and inferior stallions, definition, effective July 1, 1999. For provisions of former sections,
see
the 1998 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 77 - Animals and Livestock › Article 14 - Trespass and Running at Large › Section 77-14-38 - Repealed.

History:
Laws 1921, ch. 76, § 2; C.S. 1929, § 4-342; Laws 1933, ch. 29, § 1; 1941 Comp., § 49-1637; 1953 Comp., § 47-15-37; repealed by Laws 1999, ch. 282, § 104.
ANNOTATIONS
Repeals.
— Laws 1999, ch. 282, § 104 repealed 77-14-38 NMSA 1978, as enacted by Laws 1921, ch. 76, § 2, relating to impounding stallions, notices, publication, contents, maximum charge, lien, enforcement, effective July 1, 1999. For provisions of former sections,
see
the 1998 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 77 - Animals and Livestock › Article 14 - Trespass and Running at Large › Section 77-14-39 - Repealed.

History:
Laws 1921, ch. 76, § 3; C.S. 1929, § 4-343; Laws 1933, ch. 29, § 2; 1941 Comp., § 49-1638; 1953 Comp., § 47-15-38; repealed by Laws 1999, ch. 282, § 104.
ANNOTATIONS
Repeals.
— Laws 1999, ch. 282, § 104 repealed 77-14-39 NMSA 1978, as enacted by Laws 1921, ch. 76, § 3, relating to liability for illegal castration of stallion, effective July 1, 1999. For provisions of former sections,
see
the 1998 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 77 - Animals and Livestock › Article 15 - Predatory Wild Animals and Rodent Pests › Section 77-15-2 - [Agreement for cooperative work.]

The president of the New Mexico college of agriculture and mechanic arts [New Mexico state university] is hereby authorized and directed to execute a cooperative agreement with the secretary of agriculture or the bureau of biological survey, for carrying on such cooperative work in such manner and under such regulations as may be stated in said agreement.
History:
Laws 1919, ch. 119, § 2; C.S. 1929, § 4-1302; 1941 Comp., § 49-1702; 1953 Comp., § 47-16-2.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
N.M. Const., art. XII, § 11, as repealed and reenacted November 8, 1960, changed the name of the New Mexico college of agriculture and mechanic arts, referred to in this section, to New Mexico state university.
Compiler's notes.
— Laws 1949, ch. 57, § 3, authorizes the president of the New Mexico college of agriculture and mechanic arts (New Mexico state university) to execute a cooperative agreement with an official of the United States fish and wildlife service to control predatory animals and rodents. For similar provisions,
see
Laws 1929, ch. 153, § 2; Laws 1931, ch. 57, § 2; Laws 1939, ch. 26, § 2 and Laws 1941, ch. 44, § 2.
See
also Laws 1945, ch. 57, § 3.
Cross references.
— For the bureau of biological survey,
see
compiler's notes to 77-15-1 NMSA 1978.
2023 New Mexico Statutes › Chapter 77 - Animals and Livestock › Article 15 - Predatory Wild Animals and Rodent Pests › Section 77-15-2.1 - State-managed predator control program continued; creation of permanent state-managed rodent pest control program.

The state-managed predator control program, authorized by Subsection K of Section 4 of Chapter 155 of Laws 1980, is continued on a permanent basis and a permanent state-managed rodent pest control program is established within the New Mexico department of agriculture, subject to the availability of funds.
History:
Laws 1981, ch. 20, § 1.
ANNOTATIONS
Compiler's notes.
— Laws 1980, ch. 155, § 4, Subsection K, referred to in this section, provides that the department of agriculture is authorized to establish and operate a state-managed predator control program, notwithstanding the provisions of Section 77-15-1 NMSA 1978.
2023 New Mexico Statutes › Chapter 77 - Animals and Livestock › Article 15 - Predatory Wild Animals and Rodent Pests › Section 77-15-4 - [Payment of cost of rodent pest repression.]

On lands which are a part of any national forest, Indian reservation or other national reserve, rodent pest repression is to be carried on at the expense of the federal government. On state lands leased or sold under contract for which the purchaser has not yet obtained the title, rodent pest repression is to be prosecuted on a cooperative basis with such lessee or purchaser on such terms as may be agreed upon. All leases hereafter issued for state lands, and all contracts hereafter made for the sale of the state lands, shall provide that the lessee or purchaser shall be obligated to destroy the rodent pests upon such lands and upon failure to do so to pay the cost of rodent pest repression upon such lands by the state rodent force or the cooperative force provided for by this act [77-15-1 to 77-15-5 NMSA 1978], which cost shall not exceed ten cents [($.10)] per acre for the infested areas of such lands.
Upon public lands of the United States or of the state, not included in reservations or covered by lease or contract, rodent pest repression shall be carried on and paid for out of the state and federal cooperative funds available as hereinbefore mentioned.
Upon privately owned lands rodent pest repression under this act shall be based on voluntary cooperation of owners, lessees or occupants; poison materials or prepared poison grain to be supplied to such cooperators at actual cost, payable to the state of New Mexico, and the moneys so received shall revert and be added to the said rodent pest fund.
Landowners may arrange with the state rodent inspector or assistant of the biological survey in charge of rodent pest repression in any part of the state for the destruction of rodents on their lands, under written agreement; provided, that the state shall be reimbursed for the actual cost of such treatment to be paid into the state treasury within thirty days after the presentation of the itemized account therefor by the foreman or person in charge of such work; and if not so paid such amount shall be a lien upon the said land. Provided, the amount of such lien shall not exceed ten cents [($.10)] per acre for the infested areas treated.
History:
Laws 1919, ch. 119, § 4; C.S. 1929, § 4-1304; 1941 Comp., § 49-1704; 1953 Comp., § 47-16-4.
ANNOTATIONS
Compiler's notes.
— For the assistant of the biological survey — see the compiler's note to 77-15-1 NMSA 1978.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
3 Am. Jur. 2d Agriculture § 42 et seq.
3 C.J.S. Agriculture § 83.
2023 New Mexico Statutes › Chapter 77 - Animals and Livestock › Article 15 - Predatory Wild Animals and Rodent Pests › Section 77-15-6 - Short title.

This act [77-15-6 to 77-15-14 NMSA 1978] may be cited as the "County Predatory Control Act."
History:
1953 Comp., § 47-16-6, enacted by Laws 1965, ch. 92, § 1.
2023 New Mexico Statutes › Chapter 77 - Animals and Livestock › Article 15 - Predatory Wild Animals and Rodent Pests › Section 77-15-7 - Purpose of predator control program; method of establishment.

Predator control programs shall be established in any county by the board of county commissioners upon receipt of a valid petition for that purpose. The predator control program shall be for the protection of sheep and goats, or cattle, or both groups of animals, against predators, for one-, two-, three-, four- or five-year periods.
History:
1953 Comp., § 47-16-7, enacted by Laws 1965, ch. 92, § 2.
2023 New Mexico Statutes › Chapter 77 - Animals and Livestock › Article 15 - Predatory Wild Animals and Rodent Pests › Section 77-15-8 - Petitions; signatures required.

The petitions for the establishment of a predator control program shall be valid for a program for the protection of sheep and goats, if in the proper form and signed by the owners of at least fifty-one percent of the sheep and goats listed on the tax rolls in the county, and shall be valid for a program for the protection of cattle if in the proper form and signed by the owners of fifty-one percent of the cattle listed on the tax rolls in the county. If a signer of the petition owns both cattle and sheep and goats, and wishes to sign the petition for the limited purpose of cattle, or for the limited purposes of sheep and goats he may do so by indicating after his signature "sheep and goats only" or "cattle only" as the case may be, in the column headed "Limitation." If there is no qualification and the signer owns both classes of animals, the signature shall be valid for both predator control programs. If the livestock are assessed under a partnership or firm name, the signer shall list the name under which assessed. The petition shall state a maximum rate of assessment.
History:
1953 Comp., § 47-16-8, enacted by Laws 1965, ch. 92, § 3.
2023 New Mexico Statutes › Chapter 77 - Animals and Livestock › Article 15 - Predatory Wild Animals and Rodent Pests › Section 77-15-9 - Form of petitions.

The petitions shall be in substantially the following form:
PETITION FOR COUNTY PREDATOR CONTROL PROGRAM
To the Board of County Commissioners of _________________ (name of county) New Mexico:
The undersigned, owners of at least fifty-one percent of the sheep and goats, and fifty-one percent of the cattle (or either, as the case may be) on the tax rolls of _______________________ (name of county) county, New Mexico, hereby petition the board of county commissioners to establish a county predator control program as authorized by _______________________ (cite applicable law) to last for a period of ________ years from the date of the establishment of the program. This program shall be financed by a mill levy on the appropriate kind of livestock in this county at a rate not to exceed ______________ ($ ) per head.
We further petition the board of county commissioners to appoint the following five livestock owners, residents of this county, to serve as the county predator control board:
1. ________________________________
3. ________________________________
2. ________________________________
4. ________________________________
5. ________________________________
Date
Signed
Signature
Address
Name under
which assessed
Limitation
(if any)
______________________________________________________________________________
______________________________________________________________________________
The petitions may consist of as many sheets of paper as needed, as long as each sheet is headed as provided in this section.
History:
1953 Comp., § 47-16-9, enacted by Laws 1965, ch. 92, § 4.
2023 New Mexico Statutes › Chapter 77 - Animals and Livestock › Article 15 - Predatory Wild Animals and Rodent Pests › Section 77-15-10 - Filing of petition; verification by board of county commissioners; creation of program; creation of predator control board.

The petitions shall be filed on or before the first Monday in August in any year at a regularly scheduled meeting of the board of county commissioners. After examination of the petition, if the board finds the petition in order and properly signed by the owners of at least fifty-one percent of the sheep and goats, and by the owners of at least fifty-one percent of the cattle, the board shall declare a county predator control program established for both classes of animals for the period specified in the petition. If the petition is signed by the owners of fifty-one percent of either class but not both classes, the board shall declare a county predator program established for that class of animal for which the petition contains the required signatures for the period specified in the petition. The board shall further appoint the persons designated on the petition as the county predator control board, to serve for the period of the county predator control program. The predator control program established shall commence on January 1 following the establishment of the program, and shall continue for the term specified on the petition. If any funds remain after the termination of the program, these funds shall be refunded to each livestock owner assessed under the County Predator Control Act [77-15-6 to 77-15-14 NMSA 1978] in the proportion that the number of head of his livestock protected and assessed under the act at the date of termination of the program bears to the total number of head of livestock protected and assessed under that county program at the date of termination. Any pelts collected shall be sold and the proceeds placed in the county predator control fund.
History:
1953 Comp., § 47-16-10, enacted by Laws 1965, ch. 92, § 5.
2023 New Mexico Statutes › Chapter 77 - Animals and Livestock › Article 15 - Predatory Wild Animals and Rodent Pests › Section 77-15-11 - Special levy.

A. Upon the establishment of a county predator control program, the board of county commissioners shall order a special levy of a tax in the form of a mill levy that will produce not more than the rate limitation set on the petition and not more than one dollar ($1.00) per head on all animals in the county to be protected under the county predator control program. This special levy shall be over and above any other special levies and shall not be construed to be within the constitutional twenty-mill limitation. The proceeds of this special levy shall be deposited with the county treasurer for expenditure upon order of the county predator control board and shall be spent, during the existence of the program, solely for predator control.
B. The amount of the levy shall be stated on the petition, and the county predator control board shall certify it to the board of county commissioners on or before the first Monday in August following its appointment. The special levy shall be assessed, levied and collected as other taxes in the county and at the expense of the county.
C. The owners of fifty-one percent of the animals assessed under the County Predator Control Act [77-15-6 to 77-15-14 NMSA 1978] may require a change in the amount of the levy within the statutory limit by petitioning the county predator control board on or before the first Monday of July of any year.
D. Any owner of dairy animals or of feedlot animals being fattened on full feed for slaughter and which animals are included in the animals on the tax rolls for this special assessment may have these animals excluded from the special assessment by filing a certified statement containing the description and count of the animals with the board of county commissioners prior to September 1 of the year in which the tax is assessed.
History:
1953 Comp., § 47-16-11, enacted by Laws 1965, ch. 92, § 6; 2005, ch. 233, § 1.
ANNOTATIONS
The 2005 amendment,
effective June 17, 2005, increased the special levy in Subsection A from twenty-five cents to one dollar per head on all animals in a county protected under the county predator control program.
2023 New Mexico Statutes › Chapter 77 - Animals and Livestock › Article 15 - Predatory Wild Animals and Rodent Pests › Section 77-15-12 - Abolition or continuation of program.

The owners of fifty-one percent of the animals covered by a county predator control program can abolish the program in any year by a petition to the county commissioners on or before the first Monday of August of any year in the same manner as the program was created.
If it is desired to continue a program past the date set for its termination, it must be done by the same type of petition by which the program was initiated, and must be filed by the first Monday of August of the year preceding the termination date.
History:
1953 Comp., § 47-16-12, enacted by Laws 1965, ch. 92, § 7.
2023 New Mexico Statutes › Chapter 77 - Animals and Livestock › Article 15 - Predatory Wild Animals and Rodent Pests › Section 77-15-13 - Powers of county predator control board.

The county predator control board shall expend the moneys collected under the County Predator Control Act [77-15-6 to 77-15-14 NMSA 1978] for a predator control program for the county. The board may do so by establishing a separate predator control program or by contracting with other federal or state agencies or with agencies of other counties.
History:
1953 Comp., § 47-16-13, enacted by Laws 1965, ch. 92, § 8.
2023 New Mexico Statutes › Chapter 77 - Animals and Livestock › Article 15 - Predatory Wild Animals and Rodent Pests › Section 77-15-14 - Program in addition to all other programs.

The county predator control program established under this County Predator Control Act [77-15-6 to 77-15-14 NMSA 1978] shall be in addition to other state and federal programs, and shall not be construed to be in lieu of those programs.
History:
1953 Comp., § 47-16-14, enacted by Laws 1965, ch. 92, § 9.
2023 New Mexico Statutes › Chapter 77 - Animals and Livestock › Article 16 - Fences › Section 77-16-2 - Definition.

As used in Article 16 of Chapter 77 [NMSA 1978], "livestock" shall include domestic animals such as cattle, horses, sheep, hogs, goats and buffaloes.
History:
1953 Comp., § 47-17-1.1, enacted by Laws 1977, ch. 189, § 2.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
2023 New Mexico Statutes › Chapter 77 - Animals and Livestock › Article 16 - Fences › Section 77-16-3 - [Damages on fenced lands; right of action; lien on animals.]

When any trespassing shall have been done by any cattle, horses, sheep, goats, hogs or other livestock upon the cultivated or enclosed ground of any other person, when the same is fenced as provided by Section 77-16-1 NMSA 1978, but not otherwise, such person may recover any damage that he may sustain by reason thereof by suit in any court having jurisdiction and a person so damaged is hereby given a lien on all livestock of the same kind and brand, belonging to the owner of such trespassing animal or animals for security of his damages and costs; but in no case shall he have such lien nor shall he be entitled to recover any damages, under any circumstances, for such trespass, unless he has such lands and crops enclosed by a legal fence as provided by the preceding section [77-16-1 NMSA 1978].
History:
Laws 1909, ch. 70, § 2; Code 1915, § 2341; C.S. 1929, § 50-102; 1941 Comp., § 49-1802; 1953 Comp., § 47-17-2.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Compiler's notes.
— The words "preceding section" at the end of this section refer to Laws 1909, ch. 70, § 1, presently compiled as 77-16-1 NMSA 1978.
Notice required for landowner to recover for depasturing.
— The owner of private lands may prevent its depasturing by others by marking its boundaries and posting notices on it, or serving written notices upon parties not to trespass thereon, provided the owner so complies with this statute, but otherwise he cannot recover damages for such depasturing.
Jastro v. Francis
, 1918-NMSC-036, 24 N.M. 127, 172 P. 1139.
And theory of implied contract not available.
— Absent a finding of willfulness, this section specifically denies the right of recovery for trespassing animals on unfenced lands, and there is no ground for recovery on any theory of implied contract.
Kinsolving v. Reed
, 1964-NMSC-131, 74 N.M. 284, 393 P.2d 20.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
4 Am. Jur. 2d Animals § 70.
3A C.J.S. Animals § 140.
2023 New Mexico Statutes › Chapter 77 - Animals and Livestock › Article 16 - Fences › Section 77-16-4 - [Barbed wire fence; specifications.]

When fences are constructed of barbed wire and posts they shall be built substantially as follows: posts set firmly in the ground aand [and] projecting above the ground not less than four feet, said posts to be not less than two inches in diameter at the smaller end, and to be set not over thirty-three feet apart; four barbed wires to be strung firmly and securely fastened to said posts, the bottom wire to be placed approximately twelve inches from the ground, the second wire to be approximately twelve inches above the bottom wire, the third wire to be approximately twelve inches above the second wire and the fourth wire to be approximately twelve inches above the third wire; and between each two posts there shall be placed approximately equidistant apart three stays to be securely fastened to said wires for the purpose of holding the wires in position. Any four-wire fence greater or equivalent to said fence in strength and resisting power shall be considered a legal fence.
History:
Laws 1909, ch. 13, § 1; Code 1915, § 2342; Laws 1923, ch. 94, § 1; C.S. 1929, § 50-103; 1941 Comp., § 49-1803; 1953 Comp., § 47-17-3.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Owner of livestock has duty to care for his property
as a reasonable man, and he may be liable for injuries to motorists resulting from collisions with his animals due to his negligence in permitting them to be on the highway.
Mitchell v. Ridgway
, 1966-NMSC-265, 77 N.M. 249, 421 P.2d 778.
Trier of fact to determine presence of reasonable care.
— It is for the trier of the facts to determine whether the owner of the animal has used reasonable care to restrain his livestock.
Mitchell v. Ridgway
, 1966-NMSC-265, 77 N.M. 249, 421 P.2d 778.
This section does not repeal 77-14-3 NMSA 1978.
1915 Op. Att'y Gen. No. 15-1567.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
35 Am. Jur. 2d Fences § 9.
Liability for personal injury by barbed wire, 36 A.L.R. 545.
2023 New Mexico Statutes › Chapter 77 - Animals and Livestock › Article 16 - Fences › Section 77-16-5 - [Applicability of act.]

This act [77-16-4, 77-16-5 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, as amended by Chapter 70 of the Session Laws of 1921 [repealed].
History:
Laws 1923, ch. 94, § 2; C.S. 1929, § 50-104; 1941 Comp., § 49-1804; 1953 Comp., § 47-17-4.
ANNOTATIONS
Bracketed 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.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
Validity of statutes requiring the construction of fences - modern cases, 87 A.L.R.4th 1129.
2023 New Mexico Statutes › Chapter 77 - Animals and Livestock › Article 16 - Fences › Section 77-16-6 - [Board fence; specifications.]

When the fence is constructed of lumber and posts the boards shall be at least one inch thick and six inches wide with posts as described in the preceding section [77-16-4 NMSA 1978] not over eight feet apart and firmly set in the ground as described in said section. The boards [are] to be firmly nailed to the posts. The space between the boards [is] not to be more than six inches.
History:
Laws 1909, ch. 13, § 2; Code 1915, § 2343; C.S. 1929, § 50-105; 1941 Comp., § 49-1805; 1953 Comp., § 47-17-5.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Compiler's notes.
— The words "preceding section" refer to Laws 1909, ch. 13, § 1, presently compiled as 77-16-4 NMSA 1978.
2023 New Mexico Statutes › Chapter 77 - Animals and Livestock › Article 16 - Fences › Section 77-16-7 - [Pole and post fence; specifications.]

When the fence is constructed of poles and posts the posts shall not be more than twelve feet apart and of the same size and set in the ground as described in Section 77-16-4 NMSA 1978. The poles [are] to be at least two inches in diameter at the smaller end and [are] to be at least four in number firmly fastened to the posts with nails or wire, the top pole at least four feet from the ground and the bottom pole not more than one foot from the ground and the poles [are] not to be more than one foot apart.
History:
Laws 1909, ch. 13, § 3; Code 1915, § 2344; C.S. 1929, § 50-106; 1941 Comp., § 49-1806; 1953 Comp., § 47-17-6.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
2023 New Mexico Statutes › Chapter 77 - Animals and Livestock › Article 16 - Fences › Section 77-16-8 - [Stone, adobe or woven wire fence; specifications.]

When the fence is constructed of stone, adobe, woven wire or any other material it shall be at least four feet in height and equal in strength to the fence described in Section 77-16-4 NMSA 1978.
History:
Laws 1909, ch. 13, § 4; Code 1915, § 2345; C.S. 1929, § 50-107; 1941 Comp., § 49-1807; 1953 Comp., § 47-17-7.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
2023 New Mexico Statutes › Chapter 77 - Animals and Livestock › Article 16 - Fences › Section 77-16-9 - [Legal protection of fences against damage or destruction.]

All fences shall be considered as under the care and protection of the law, for damages done, or destruction committed thereon.
History:
Laws 1869, ch. 20, § 1; C.L. 1884, § 1272; C.L. 1897, § 1814; Code 1915, § 2347; C.S. 1929, § 50-109; 1941 Comp., § 49-1808; 1953 Comp., § 47-17-8.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Compiler's notes.
— Prior to the 1915 Code compilation, this section read: "The fences actually existing or that may henceforward be constructed within any county of this territory, shall be considered as under the care and protection of the law, for damages done, or destruction committed thereon."
2023 New Mexico Statutes › Chapter 77 - Animals and Livestock › Article 16 - Fences › Section 77-16-10 - Injuring fence.

Any person who is found guilty of wilfully cutting or otherwise destroying a fence or any part thereof is guilty of a petty misdemeanor.
History:
Laws 1869, ch. 20, § 2; C.L. 1884, § 1273; C.L. 1897, § 1815; Code 1915, § 2348; C.S. 1929, § 50-110; 1941 Comp., § 49-1809; 1953 Comp., § 47-17-9; Laws 1981, ch. 365, § 1.
ANNOTATIONS
The 1981 amendment
added the catchline and substituted "is found" for "shall be," "wilfully cutting or otherwise destroying" for "breaking or throwing down" and "or any part thereof is guilty of a petty misdemeanor" for "or in any manner whatever breaking any rail, post, stake or whatsoever other material is placed for the purpose of fencing, or wall built with that object, shall be summarily judged before the justice of the peace of the precinct in which such offense is committed; and if convicted, shall be fined in the sum of five dollars; provided, that when children, or minors, shall commit such offense, their fathers, mothers or guardians shall be responsible for them under the provisions of this section."
Am. Jur. 2d, A.L.R. and C.J.S. references. —
35 Am. Jur. 2d Fences §§ 33, 36, 37.
36A C.J.S. Fences §§ 16 to 18.
2023 New Mexico Statutes › Chapter 77 - Animals and Livestock › Article 16 - Fences › Section 77-16-11 - [Injuries by animals; liability; minors.]

When any animal, of whatsoever class or species it may be, [shall] break, obstruct or injure any rail, post, stake or any material of which a fence is constructed, the owner of such animal shall be compelled to pay the damages occasioned to the owner of the fence, according to the damages sustained and suffered: provided, that if any animal be taken near any fence, and it shall result in his injuring it, then the person who ordered the animal to be placed there shall pay the damage, and if the herder who has the care of the animal, shall take them there without order from the owner of them, in such case, the father, mother or guardian of him who drove the animals there, if the herder be a minor, shall pay the damages, and if he be of age, he himself shall pay it when he does it without the express order of the owner.
History:
Laws 1869, ch. 20, § 3; C.L. 1884, § 1274; C.L. 1897, § 1819; Code 1915, § 2352; C.S. 1929, § 50-114; 1941 Comp., § 49-1810; 1953 Comp., § 47-17-10.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
2023 New Mexico Statutes › Chapter 77 - Animals and Livestock › Article 16 - Fences › Section 77-16-12 - [Damages for injuries.]

The person who shall violate the provisions of Section 77-16-11 NMSA 1978 shall be obliged at the time of his punishment, to indemnify the owner of any fence, for the damage that has followed therefrom, for the repairing of his fence, valued according to the gravity of the offense.
History:
Laws 1869, ch. 20, § 4; C.L. 1884, § 1275; C.L. 1897, § 1820; Code 1915, § 2353; C.S. 1929, § 50-115; 1941 Comp., § 49-1811; 1953 Comp., § 47-17-11.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Compiler's notes.
— The compilers of the 1915 Code changed the statutory reference in this section, so that instead of referring to Laws 1869, ch. 20, § 1 (presently compiled as 77-16-9 NMSA 1978), this section referred to Laws 1869, ch. 20, § 3 (presently compiled as 77-16-11 NMSA 1978). Consideration of the section's provisions would seem to indicate that it was intended to refer to Laws 1869, ch. 20, § 2 (presently compiled as 77-16-10 NMSA 1978).
2023 New Mexico Statutes › Chapter 77 - Animals and Livestock › Article 16 - Fences › Section 77-16-13 - [Opening private fence to use road prohibited.]

That it shall be illegal for any person or persons in the state of New Mexico, to open any fence or fences of any private individual or individuals, for the purpose of using the road, or roads, passing through the private property of any person or persons.
History:
Laws 1897, ch. 39, § 1; C.L. 1897, § 1825; Code 1915, § 2354; C.S. 1929, § 50-116; 1941 Comp., § 49-1812; 1953 Comp., § 47-17-12.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
2023 New Mexico Statutes › Chapter 77 - Animals and Livestock › Article 16 - Fences › Section 77-16-14 - [Failure to close gate; liability for damages.]

That any person, or persons, who open the gate of any fence, or fences, of any person or persons, the same being private property, for the purpose of passing as aforesaid, [and] shall neglect to close the gate of any fence or fences after having opened the same, shall be subject to and responsible for the damage to the land, crop or grass of the owner, or owners, of such land, through such neglect; and such damage shall be appraised as provided by law.
History:
Laws 1897, ch. 39, § 2; C.L. 1897, § 1826; Code 1915, § 2355; C.S. 1929, § 50-117; 1941 Comp., § 49-1813; 1953 Comp., § 47-17-13.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
The compilers of the 1915 Code deleted "shall close said gate, and if any person or persons so passing" which followed "aforesaid." The bracketed word "and" was added to replace the deleted words.
2023 New Mexico Statutes › Chapter 77 - Animals and Livestock › Article 16 - Fences › Section 77-16-15 - Penalty.

In addition to the damage as provided for in Section 77-16-14 NMSA 1978, the person violating the provisions of that section is guilty of a misdemeanor, and upon conviction before any magistrate shall be fined in a sum not less than two hundred fifty dollars ($250) nor more than one thousand dollars ($1,000).
History:
Laws 1897, ch. 39, § 3; C.L. 1897, § 1827; Code 1915, § 2356; C.S. 1929, § 50-118; 1941 Comp., § 49-1814; 1953 Comp., § 47-17-14; 2011, ch. 46, § 1.
ANNOTATIONS
Compiler's notes.
— The office of justice of the peace was abolished and all jurisdiction, powers and duties conferred by law upon justices of the peace were transferred to the magistrate courts.
See
N.M. Const., art. VI, § 31.
The 2011 amendment,
effective June 17, 2011, increased the amount of the fine.
2023 New Mexico Statutes › Chapter 77 - Animals and Livestock › Article 16 - Fences › Section 77-16-17 - [Requirements of railroad fence.]

That for the purposes of the preceding two sections [77-16-16 NMSA 1978] a sufficient and suitable fence is defined and declared to be a fence at least four and one-half feet high, constructed of posts and wire, the top wire to be four and one-half feet above the ground and shall have at least four wires upon posts not exceeding twenty feet apart.
History:
Laws 1889, ch. 75, § 3; 1889, ch. 141, § 1; C.L. 1897, § 243; Code 1915, § 30; C.S. 1929, § 4-105; 1941 Comp., § 49-1817; 1953 Comp., § 47-17-17.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Compiler's notes.
— The words "preceding two sections" refer to §§ 28 and 29 of the Code of 1915. Code 1915, § 28 is compiled as 77-16-16 NMSA 1978; however, Code 1915, § 29, was repealed by Laws 1963, ch. 180, § 2.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
65 Am. Jur. 2d Railroads § 125.
74 C.J.S. Railroads § 576.
2023 New Mexico Statutes › Chapter 77 - Animals and Livestock › Article 16 - Fences › Section 77-16-18 - Report of killed or crippled livestock; inspection and removal.

A. Every railroad in this state, upon discovery of livestock killed or crippled upon a section of the railroad right-of-way, shall immediately make a report thereof to an inspector of the cattle sanitary board [New Mexico livestock board] or to any other person designated by the board for the purpose of receiving the report.
B. The report required by Subsection A shall designate the place where the crippled or killed livestock is located and the brand on the livestock. The board, or a person designated by it, shall promptly inspect the stock, notify the owner and make a report of the inspection, including therein the age, color, sex, approximate weight, marks and brand of the stock. One copy of the report shall be transmitted by the inspector to the board, one to the owner of the stock and one to the railroad.
C. Dead livestock shall not be destroyed by the railroad until the inspection required by this section is made, but if the inspection is not made within twenty-four hours after transmittal of the report by the railroad, the railroad may bury the dead stock and shall thereupon promptly notify the board, or the person designated by it, of the place of burial so that inspection may be made.
D. A railroad which fails to make any report required by this section is guilty of a petty misdemeanor.
E. "Railroad" as used in this section includes any person, firm or corporation.
History:
1953 Comp., § 47-17-18, enacted by Laws 1963, ch. 180, § 1.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
For references to the "cattle sanitary board" being deemed as references to the "New Mexico livestock board",
see
77-2-2 NMSA 1978.
2023 New Mexico Statutes › Chapter 77 - Animals and Livestock › Article 17 - Abattoirs, Meat Dealers and Storage Plants › Section 77-17-1 - Repealed.

History:
Laws 1939, ch. 115, § 1; 1941 Comp., § 49-2201; 1953 Comp., § 47-20-1; Laws 1969, ch. 117, § 1; 1973, ch. 126, § 1; 1999, ch. 282, § 94; repealed by Laws 2013, ch. 84, § 2.
ANNOTATIONS
Repeals.
— Laws 2013, ch. 84, § 2 repealed 77-17-1 NMSA 1978, as enacted by Laws 1939, ch. 115, § 1, relating to license and bond required, effective June 14, 2013. For provisions of former section,
see
the 2012 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 77 - Animals and Livestock › Article 17 - Abattoirs, Meat Dealers and Storage Plants › Section 77-17-2 - Repealed.

History:
Laws 1939, ch. 115, § 2; 1941 Comp., § 49-2202; 1953 Comp., § 47-20-2; Laws 1963, ch. 252, § 5; 1967, ch. 228, § 1; 1969, ch. 117, § 2; 1973, ch. 126, § 2; 1977, ch. 166, § 1; 1999, ch. 282, § 95; 2004, ch. 26, § 2; repealed by Laws 2013, ch. 84, § 2.
ANNOTATIONS
Repeals.
— Laws 2013, ch. 84, § 2 repealed 77-17-2 NMSA 1978, as enacted by Laws 1939, ch. 115, § 2, relating to dealers in fresh meat or livestock or poultry meat products or meat from other birds and animals used for human consumption, effective June 14, 2013. For provisions of former section,
see
the 2012 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 77 - Animals and Livestock › Article 17 - Abattoirs, Meat Dealers and Storage Plants › Section 77-17-3 - Repealed.

History:
Laws 1939, ch. 115, § 3; 1941 Comp., § 49-2203; 1953 Comp., § 47-20-3; Laws 1963, ch. 252, § 6; 1969, ch. 117, § 3; 1977, ch. 142, § 2; 1981, ch. 357, § 15; repealed by Laws 2013, ch. 84, § 2.
ANNOTATIONS
Repeals.
— Laws 2013, ch. 84, § 2 repealed 77-17-3 NMSA 1978, as enacted by Laws 1939, ch. 115, § 3, relating to bonds for licenses, effective June 14, 2013. For provisions of former section,
see
the 2012 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 77 - Animals and Livestock › Article 17 - Abattoirs, Meat Dealers and Storage Plants › Section 77-17-4 - Criminal offender's character evaluation.

The provisions of the Criminal Offender Employment Act shall govern any consideration of criminal records required or permitted by Sections 77-17-7 through 77-17-14 NMSA 1978.
History:
1953 Comp., § 47-20-3.1, enacted by Laws 1974, ch. 78, § 8; 2013, ch. 84, § 1.
ANNOTATIONS
The 2013 amendment,
effective June 14, 2013, limited the scope of this section; and after "Sections", deleted "47-20-1 through 47-20-13 NMSA 1953" and added "77-17-7 through 77-17-14 NMSA 1978.
2023 New Mexico Statutes › Chapter 77 - Animals and Livestock › Article 17 - Abattoirs, Meat Dealers and Storage Plants › Section 77-17-5 - Repealed.

History:
Laws 1939, ch. 115, § 4; 1941 Comp., § 49-2204; 1953 Comp., § 47-20-4; Laws 1993, ch. 248, § 79; 1999, ch. 282, § 96; repealed by Laws 2013, ch. 84, § 2.
ANNOTATIONS
Repeals.
— Laws 2013, ch. 84, § 2 repealed 77-17-5 NMSA 1978, as enacted by Laws 1939, ch. 115, § 4, relating to disposition of license fees, effective June 14, 2013. For provisions of former section,
see
the 2012 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 77 - Animals and Livestock › Article 17 - Abattoirs, Meat Dealers and Storage Plants › Section 77-17-6 - Repealed.

History:
Laws 1939, ch. 115, § 5; 1941 Comp., § 49-2205; 1953 Comp., § 47-20-5; Laws 1999, ch. 282, § 97; repealed by Laws 2013, ch. 84, § 2.
ANNOTATIONS
Repeals.
— Laws 2013, ch. 84, § 2 repealed 77-17-6 NMSA 1978, as enacted by Laws 1939, ch. 115, § 5, relating to penalties, effective June 14, 2013. For provisions of former section,
see
the 2012 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 77 - Animals and Livestock › Article 17 - Abattoirs, Meat Dealers and Storage Plants › Section 77-17-7 - Definition.

As used in Sections 77-17-7 and 77-17-8 NMSA 1978, "slaughterhouse" means an abattoir or a place where livestock are slaughtered.
History:
1953 Comp., § 47-20-5.1, enacted by Laws 1965, ch. 127, § 1; 1999, ch. 282, § 98.
ANNOTATIONS
The 1999 amendment,
effective July 1, 1999, deleted the definitions for "person" and "residential dwelling house", substituted "Sections 77-17-7 and 77-17-8 NMSA 1978" for "this act", and made stylistic changes.
2023 New Mexico Statutes › Chapter 77 - Animals and Livestock › Article 17 - Abattoirs, Meat Dealers and Storage Plants › Section 77-17-8 - Restriction upon establishing slaughterhouses.

No person shall establish a slaughterhouse in any location which is within one thousand feet of a residential dwelling house unless, prior thereto, the person shall gain the written consent from at least seventy-five percent of the owners of residential dwelling houses located within one thousand feet of the proposed slaughterhouse.
History:
1953 Comp., § 47-20-5.2, enacted by Laws 1965, ch. 127, § 2.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references. —
58 Am. Jur. 2d Occupations, Trades and Professions § 115.
3A C.J.S. Animals § 117.
2023 New Mexico Statutes › Chapter 77 - Animals and Livestock › Article 17 - Abattoirs, Meat Dealers and Storage Plants › Section 77-17-9 - Failing to keep record; penalty.

A person who carries on the business of butcher or slaughterer of livestock shall keep a true and faithful record, in a book kept for the purpose, of all livestock purchased or slaughtered by him together with a description of each animal, including marks, brands, age and weight and from whom purchased and the date of purchase. The person shall keep the hide and ears of cattle, sheep and goats for thirty days or until inspected by an inspector after the livestock is slaughtered. A person who violates a provision of this section is guilty of a misdemeanor for each offense and upon conviction shall be sentenced in accordance with the provisions of Section 31-19-1 NMSA 1978.
History:
Laws 1884, ch. 47, § 20; C.L. 1884, § 73; C.L. 1897, § 86; Code 1915, § 546; C.S. 1929, § 19-103; 1941 Comp., § 49-2206; 1953 Comp., § 47-20-6; Laws 1999, ch. 282, § 99.
ANNOTATIONS
Cross references.
— For hides and ears to be kept for inspection,
see
77-17-12 NMSA 1978.
For notice of intention to slaughter,
see
7-23-1 NMSA 1978.
The 1999 amendment,
effective July 1, 1999, added the section heading; in the second sentence, substituted "hide and ears" for "hide and horns", and inserted "or until inspected by an inspector" following "for thirty days"; in the last sentence, substituted "and upon conviction shall be sentenced in accordance with the provisions of Section 31-19-1 NMSA 1978" for "fined in a sum not less than ten nor more than one hundred dollars to be recovered as provided in the preceding section"; and made stylistic changes throughout the section.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
58 Am. Jur. 2d Occupations, Trades and Professions § 15.
3A C.J.S. Animals § 118.
2023 New Mexico Statutes › Chapter 77 - Animals and Livestock › Article 17 - Abattoirs, Meat Dealers and Storage Plants › Section 77-17-10 - Inspection of record, hides and ears.

The record, hides and ears of cattle, sheep and goats shall be open to the inspection by the board for the period of thirty days or until inspected by an inspector, and any butcher or slaughterer who refuses to permit such inspection or examination is guilty of a misdemeanor and upon conviction shall be sentenced in accordance with the provisions of Section 31-19-1 NMSA 1978.
History:
Laws 1884, ch. 47, § 21; C.L. 1884, § 74; C.L. 1897, § 87; Code 1915, § 547; C.S. 1929, § 19-104; 1941 Comp., § 49-2207; 1953 Comp., § 47-20-7; Laws 1999, ch. 282, § 100.
ANNOTATIONS
Cross references.
— For inspection of hides,
see
77-17-12 NMSA 1978.
The 1999 amendment,
effective July 1, 1999, added the section heading; and rewrote the section which formerly read: "The said record shall be open to the inspection of all persons, and also the hide and horns, for the period of thirty days, and any butcher or slaughterer refusing to permit such inspection or examination shall be subject to a fine of not less than ten nor more than twenty-five dollars for each offense, to be recovered as provided in the preceding sections."
Am. Jur. 2d, A.L.R. and C.J.S. references. —
58 Am. Jur. 2d Occupations, Trades and Professions § 15.
3A C.J.S. Animals § 118.
2023 New Mexico Statutes › Chapter 77 - Animals and Livestock › Article 17 - Abattoirs, Meat Dealers and Storage Plants › Section 77-17-11 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1999, ch. 282, § 104 repealed 77-17-11 NMSA 1978, as enacted by Laws 1884, ch. 47, § 22, relating to disposition of fines and penalties, effective July 1, 1999. For provisions of former section,
see
the 1998 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 77 - Animals and Livestock › Article 17 - Abattoirs, Meat Dealers and Storage Plants › Section 77-17-13 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1999, ch. 282, § 104 repealed 77-17-13 NMSA 1978, as enacted by Laws 1891, ch. 45, § 2, relating to penalty for failure to retain hides, pelts and ears, effective July 1, 1999. For provisions of former section,
see
the 1998 NMSA 1978 on
NMOneSource.com
.