reglab/statecodes huggingface dataset:
2023 New Mexico Statutes › Chapter 77 - Animals and Livestock › Article 9 - Brands, Ownership, Transportation and Sale of Animals › Section 77-9-32 - Inspection of livestock for export; application; place; payment for delay.

A person or his agent having in his charge livestock destined for transportation or to be driven beyond the limits of the district or out of this state shall make application to the proper inspector to inspect the livestock, stating in the application the time the livestock will be ready for inspection. An inspector shall inspect the livestock at a location to be designated by the board, make the record and give the certificate required by law to the owner of the livestock; provided that in the case of livestock transported out of this state, the place of inspection shall be at some stockyards or other convenient place near the proposed point of shipment of the livestock from the state. If the owner or person in charge of the livestock causes any unreasonable delay or loss of time to an inspector, the owner or person in charge of the livestock shall pay the expenses and salary of the inspector during the delay or loss of time.
History:
Laws 1891, ch. 34, § 6; C.L. 1897, § 212; Code 1915, § 146; C.S. 1929, § 4-1432; 1941 Comp., § 49-929; 1953 Comp., § 47-9-29; Laws 1969, ch. 174, § 1; 1999, ch. 282, § 58.
ANNOTATIONS
Cross references.
— For inspection fees,
see
77-9-38 NMSA 1978.
For certificate necessary to transport cattle or carcasses outside of state,
see
77-9-41 NMSA 1978.
For notice to inspector of desire to transport,
see
77-9-43 NMSA 1978.
For when certificate should be refused,
see
77-9-45 NMSA 1978.
The 1999 amendment,
effective July 1, 1999, inserted "or his agent" and "the district or out of" in the first sentence, and made stylistic changes throughout the section.
This section applies only to inspection of brands and earmarks
of cattle destined for transportation by rail or driven beyond the limits of this state. 1953 Op. Att'y Gen. No. 53-5842.
Board may charge owner or shipper for inspector's salary.
— The cattle sanitary board (New Mexico livestock board), or its duly authorized agent, has the power to assess expenses and salary of its inspector against any owner or person in charge of cattle being shipped or driven without this state who shall cause any unreasonable delay or loss of time to such inspector in the performance of his duty as brand and earmark inspector of such cattle. 1953 Op. Att'y Gen. No. 53-5842.
2023 New Mexico Statutes › Chapter 77 - Animals and Livestock › Article 9 - Brands, Ownership, Transportation and Sale of Animals › Section 77-9-34 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1993, ch. 248, § 80 repealed 77-9-34 NMSA 1978, as enacted by Laws 1891, ch. 34, § 8, relating to notice of export cattle inspection to the owner of a brand, effective June 18, 1993. For provisions of former section,
see
the 1992 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 77 - Animals and Livestock › Article 9 - Brands, Ownership, Transportation and Sale of Animals › Section 77-9-35 - Offense by inspectors; penalty.

Any inspector employed by the board who knowingly makes any false certificate or who knowingly swears falsely as to the truth of any report made by him to the executive director of the board or who accepts any bribe or compensation for the performance or failure to perform any of the duties prescribed by law, except such compensation as may be paid him by the board, shall upon conviction thereof be fined in any sum not exceeding one thousand dollars ($1,000) or imprisoned in the state penitentiary not exceeding five years at the discretion of the court.
History:
Laws 1891, ch. 34, § 10; C.L. 1897, § 216; Code 1915, § 149; C.S. 1929, § 4-1435; 1941 Comp., § 49-932; 1953 Comp., § 47-9-32; Laws 1993, ch. 248, § 64.
ANNOTATIONS
The 1993 amendment,
effective June 18, 1993, added the current catchline; deleted "sanitary" preceding "board" in three places; substituted "executive director" for "secretary"; and made minor stylistic changes.
2023 New Mexico Statutes › Chapter 77 - Animals and Livestock › Article 9 - Brands, Ownership, Transportation and Sale of Animals › Section 77-9-37 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1999, ch. 282, § 104 repealed 77-9-36 and 77-9-37 NMSA 1978, as enacted by Laws 1891, ch. 34, § 13 and Laws 1899, ch. 53, § 1, respectively, relating to exportation of livestock, 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 9 - Brands, Ownership, Transportation and Sale of Animals › Section 77-9-38 - Inspection fees; lien; record.

There shall be a fee for the inspection of livestock to be fixed by the board not to exceed the amount prescribed by law for each inspection request, and the fee shall be a lien upon the livestock of the owner until paid. Each inspector shall keep a complete record of all livestock inspected by him, listing all brands and marks and the names of the shippers, and a copy of the record shall be preserved by the board.
History:
Laws 1899, ch. 53, § 2; Code 1915, § 152; C.S. 1929, § 4-1438; Laws 1933, ch. 53, § 14; 1941 Comp., § 49-935; Laws 1951, ch. 31, § 1; 1953 Comp., § 47-9-35; Laws 1959, ch. 249, § 3; 1973, ch. 234, § 1; 1981, ch. 357, § 9; 1999, ch. 282, § 60.
ANNOTATIONS
The 1999 amendment,
effective July 1, 1999, substituted "livestock of the owner" for "animals inspected" in the first sentence, and made stylistic changes throughout the section.
The 1981 amendment
substituted "the amount prescribed by law" for "twenty cents ($.20) for the period ending January 1, 1975 and not to exceed twenty-five cents ($.25) per head, thereafter with a minimum charge not to exceed one dollar ($1.00)" and "the" for "such" following "and" in the first sentence.
Cattle sanitary board (New Mexico livestock board) may charge regular inspection fee
on both intrastate and interstate shipments. 1947 Op. Att'y Gen. No. 47-4979.
2023 New Mexico Statutes › Chapter 77 - Animals and Livestock › Article 9 - Brands, Ownership, Transportation and Sale of Animals › Section 77-9-39 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1999, ch. 282, § 104 repealed 77-9-39 NMSA 1978, as enacted by Laws 1899, ch. 53, § 3, relating to penalties for violation of inspection and fee requirements, effective July 1, 1999. For provisions of former section,
see
the 1998 NMSA 1978 on
NMOneSource.com
. For present comparable provisions,
see
77-9-31 NMSA 1978.
2023 New Mexico Statutes › Chapter 77 - Animals and Livestock › Article 9 - Brands, Ownership, Transportation and Sale of Animals › Section 77-9-42 - Transportation permits for horses, mules and asses; brand and health certificate good for length of time of ownership.

A. A person who owns horses, mules or asses and desires to transport them within the state for a purpose other than their sale or trade may, upon request to an inspector, be issued an owner's transportation permit in lieu of the required brand certificate for each horse, mule or ass to be transported.
B. The owner's transportation permit issued in lieu of a brand certificate is valid as long as the horse, mule or ass described in the certificate remains under the ownership of the person to whom the permit was issued.
C. The owner's transportation permit or the brand certificate shall accompany the animal for which it was issued at all times while the animal is in transit, and each shall identify the horse, mule or ass by brand, color, markings, sex, age and, where applicable, by registration number, tattoo or other mark as provided by rules of the board.
D. There shall be a fee in an amount set by the board for each owner's transportation permit.
History:
1953 Comp., § 47-9-38.1, enacted by Laws 1969, ch. 174, § 4; 1973, ch. 234, § 2; 1981, ch. 357, § 10; 1993, ch. 248, § 67; 1999, ch. 282, § 62.
ANNOTATIONS
The 1999 amendment,
effective July 1, 1999, deleted "and health inspection" following "brand" throughout the section; substituted "rules" for "regulations" in Subsection C; deleted "which shall be in addition to any inspection fee for the issuance of a brand and health inspection certificate" at the end of Subsection D; and made stylistic changes throughout the section.
The 1993 amendment,
effective June 18, 1993, deleted "New Mexico livestock" preceding "board" in three places; substituted "tattoo" for "tatoo" in Subsection C; deleted "not to exceed five dollars ($5.00)" following "board" in Subsection D; and made minor stylistic changes.
The 1981 amendment
inserted "inspection" in Subsections A and B, deleted former Subsection C, which dealt with transference of a transportation permit, redesignated former Subsections D and E as present Subsections C and D, substituted "the" for "such" following "while" and inserted "New Mexico livestock" in Subsection C and inserted "New Mexico livestock" in Subsection D.
2023 New Mexico Statutes › Chapter 77 - Animals and Livestock › Article 9 - Brands, Ownership, Transportation and Sale of Animals › Section 77-9-43 - Notice of transport; inspection date and place.

Before a person transports any livestock or carcasses from a district or out of state, the person shall notify the nearest inspector that it is desired that the livestock or carcasses be inspected, fixing the date, place and time of the inspection. The person requesting the inspection shall give a reasonable time prior to the proposed shipment date.
History:
Laws 1929, ch. 87, § 2; C.S. 1929, § 4-2102; 1941 Comp., § 49-940; 1953 Comp., § 47-9-39; Laws 1999, ch. 282, § 63.
ANNOTATIONS
The 1999 amendment,
effective July 1, 1999, rewrote the section, which formerly read: "That, before any person or persons, firm or corporation shall transport said livestock or carcasses as herein set out, such person or persons, firm or corporation shall notify the nearest inspector that it is desired that said livestock or carcasses be inspected, fixing the date, place and time thereof and giving reasonable time for said inspector so notified to reach said place on the date designated."
Hauling permit deemed insufficient.
— A rancher must have his cattle inspected before he ships them. It makes no difference whether the shipment and sale occurs entirely within the state or not. A proposed livestock hauling permit which would require the rancher to swear that he was in legal possession of the cattle being transported and to further attest that such cattle were free from contagious disease, and which would act as board authorization for the rancher to ship the cattle to the sales ring, would not enable board to sufficiently fulfill its duties under the law. 1966 Op. Att'y Gen. No. 66-127.
2023 New Mexico Statutes › Chapter 77 - Animals and Livestock › Article 9 - Brands, Ownership, Transportation and Sale of Animals › Section 77-9-44 - Hides and pelts; exhibiting, tagging and marking.

The hides or pelts from all carcasses shall be exhibited to the inspector at the time of the inspection required under Sections 77-9-41 and 77-9-43 NMSA 1978, and the inspector, in addition to furnishing the certificate provided for in Section 77-9-41 NMSA 1978, shall tag or mark the carcasses and hides or pelts in a manner to be designated by the board as evidence that the hides or pelts have been inspected.
History:
Laws 1929, ch. 87, § 3; C.S. 1929, § 4-2103; 1941 Comp., § 49-941; 1953 Comp., § 47-9-40; Laws 1993, ch. 248, § 68.
ANNOTATIONS
Cross references.
— For inspection of hides,
see
77-9-54 NMSA 1978.
The 1993 amendment,
effective June 18, 1993, added the current catchline; inserted "required under Sections 77-9-41 and 77-9-43 NMSA 1978" and "in Section 77-9-41 NMSA 1978"; deleted "Sheep Sanitary Board or the Cattle Sanitary" preceding "board"; and made minor stylistic changes.
2023 New Mexico Statutes › Chapter 77 - Animals and Livestock › Article 9 - Brands, Ownership, Transportation and Sale of Animals › Section 77-9-45 - Ownership; possession; transportation; seizure; disposition of livestock; refusal of certificate.

If any duly authorized inspector should find any livestock or carcasses in the possession of any person, firm or corporation for use, sale or transporting by any means, and said person, firm or corporation in charge of said livestock or carcasses is not in possession of a bill of sale, duly acknowledged, or cannot furnish other satisfactory proof of lawful ownership or said inspector has good reason to believe that said livestock or carcasses, are stolen, said inspector shall refuse to issue a certificate authorizing the transportation of said livestock or carcasses, and shall seize and take possession of same.
History:
Laws 1929, ch. 87, § 4; C.S. 1929, § 4-2104; 1941 Comp., § 49-942; 1953 Comp., § 47-9-41; Laws 1965, ch. 8, § 1.
ANNOTATIONS
Cross references.
— For seizure of cattle being driven without bill of sale or proof of ownership,
see
77-9-40 NMSA 1978.
Conditions warranting seizure of livestock not declared criminal.
— Under certain conditions the inspector is directed by the statute to refuse to issue an inspection certificate and directed to seize and possess livestock or carcasses. The statute does not, however, declare the existence of those conditions to be criminal.
State v. Ticknor
, 1970-NMCA-001, 81 N.M. 118, 464 P.2d 408.
Possession of carcass for use without bill of sale is not prohibited
by the statute.
State v. Ticknor
, 1970-NMCA-001, 81 N.M. 118, 464 P.2d 408.
2023 New Mexico Statutes › Chapter 77 - Animals and Livestock › Article 9 - Brands, Ownership, Transportation and Sale of Animals › Section 77-9-46 - [Officers may stop vehicles; failure to have certificate; arrest and seizure.]

Any duly authorized inspector or peace officer of any county in said state shall be authorized to stop any motor or other vehicle transporting livestock or the carcasses thereof in their respective counties, and demand from the person or persons operating said motor or other vehicle to show the certificate provided for and issued under the terms of Section 1 [77-9-41 NMSA 1978] of this act; and should any person or persons transporting said livestock or the carcasses thereof be unable to exhibit to such inspector or peace officer said certificate, said inspector or officer is authorized and empowered to arrest, without warrant, any person or persons operating said motor or other vehicle and take possession of same and the livestock or carcasses therein, and shall retain such possession until the person or persons operating such motor or other vehicle can produce satisfactory evidence that he or they, or the person or persons, firm or corporation for whom the same is being transported, is the lawful owner thereof, or until such livestock or carcasses are disposed of as hereinafter provided.
History:
Laws 1929, ch. 87, § 5; C.S. 1929, § 4-2105; 1941 Comp., § 49-943; 1953 Comp., § 47-9-42.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Cross references.
— For search of vehicles suspected to be transporting stolen livestock,
see
77-9-51 NMSA 1978.
Importation permit not preclusive to inspection by board.
— A permit to import animals permits the importation into the state and the designation by the importer of the place within the state to which the cattle or animals are to be shipped. This does not preclude the New Mexico cattle sanitary board (New Mexico livestock board) or the sheep sanitary board (New Mexico livestock board), or authorized representatives, from performing such inspection duties as they deem necessary in the public interest. 1953 Op. Att'y Gen. No. 53-5716.
2023 New Mexico Statutes › Chapter 77 - Animals and Livestock › Article 9 - Brands, Ownership, Transportation and Sale of Animals › Section 77-9-48 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1999, ch. 282, § 104 repealed 77-9-47 and 77-9-48 NMSA 1978, as enacted by Laws 1929, ch. 87, §§ 6 and 7, relating to sale of carcasses and disposition of proceeds, 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 9 - Brands, Ownership, Transportation and Sale of Animals › Section 77-9-49 - Penalty.

Any person, firm or corporation violating any provision of Sections 77-9-41 through 77-9-50 NMSA 1978 is guilty of a misdemeanor and shall be punished as prescribed by law.
History:
Laws 1929, ch. 87, § 8; C.S. 1929, § 4-2108; 1941 Comp., § 49-946; 1953 Comp., § 47-9-45; Laws 1963, ch. 252, § 3; 1993, ch. 248, § 70.
ANNOTATIONS
The 1993 amendment,
effective June 18, 1993, substituted "Sections 77-9-41 through 77-9-50 NMSA 1978" for "Sections 47-9-38 through 47-9-46 New Mexico Statutes Annotated, 1953 Compilation" and substituted "as prescribed by law" for "by a fine of not less than fifteen dollars ($15.00) nor more than one hundred dollars ($100) or by imprisonment for not less than thirty days nor more than ninety days or both".
2023 New Mexico Statutes › Chapter 77 - Animals and Livestock › Article 9 - Brands, Ownership, Transportation and Sale of Animals › Section 77-9-50 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1993, ch. 248, § 80 repealed 77-9-50 NMSA 1978, as enacted by Laws 1929, ch. 87, § 9, relating to the definition of "carcasses", effective June 18, 1993. For provisions of former section,
see
the 1992 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 77 - Animals and Livestock › Article 9 - Brands, Ownership, Transportation and Sale of Animals › Section 77-9-51 - [Suspected transportation of stolen livestock; search of vehicles; requiring proof of ownership; arrest; seizure.]

Any duly authorized inspector or peace officer of any county in this state is hereby authorized to stop and search, without warrant, any motor or other vehicle which they may have reason to believe is transporting stolen livestock or the carcasses thereof, in their respective counties, and if any be found, demand from the person or persons operating said motor or other vehicle, that they produce proof of ownership, and should any person or persons transporting said livestock or the carcasses thereof be unable to produce proof of ownership to such inspector or peace officer, said inspector or officer is hereby authorized and empowered to arrest, without warrant, any person or persons operating said motor or other vehicle and take possession of the same and the livestock or carcasses therein, and shall retain such possession until the person or persons operating such motor or other vehicle can produce satisfactory evidence that he or they, or the person or persons, firm or corporation for whom the same is being transported, is the lawful owner of such livestock or the carcasses, or until such livestock or carcasses are disposed of as hereinafter provided.
History:
Laws 1933, ch. 43, § 1; 1941 Comp., § 49-948; 1953 Comp., § 47-9-47.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Cross references.
— For stopping vehicles to demand inspection certificate,
see
77-9-46 NMSA 1978.
2023 New Mexico Statutes › Chapter 77 - Animals and Livestock › Article 9 - Brands, Ownership, Transportation and Sale of Animals › Section 77-9-53 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1999, ch. 282, § 104 repealed 77-9-52 NMSA 1978, as enacted by Laws 1933, ch. 43, § 2, relating to sale of seized stolen carcasses, effective July 1, 1999. For provisions of former section,
see
the 1998 NMSA 1978 on
NMOneSource.com
.
Laws 1993, ch. 248, § 80 repealed 77-9-53 NMSA 1978, as enacted by Laws 1933, ch. 43, § 3, relating to the disposition of seized animals or carcasses, effective June 18, 1993. For provisions of former section,
see
the 1992 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 77 - Animals and Livestock › Article 9 - Brands, Ownership, Transportation and Sale of Animals › Section 77-9-55 - [Inspection of hides; butchers; offenses; penalty.]

Any person, firm or corporation, common carrier, railroad company or agent thereof, violating any of the provisions of Sections 77-9-54 and 25-4-1 NMSA 1978, or refusing to permit the inspection of any hides as therein provided, shall upon conviction thereof, be deemed guilty of a misdemeanor and shall be fined in any sum not exceeding one thousand dollars [($1,000)] for each and every such violation.
History:
Laws 1901, ch. 45, § 4; Code 1915, § 156; C.S. 1929, § 4-1442; 1941 Comp., § 49-952; 1953 Comp., § 47-9-51.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Cross references.
— For penalty for interfering with inspector,
see
77-9-39 NMSA 1978.
For transportation of hides,
see
77-9-54 NMSA 1978.
2023 New Mexico Statutes › Chapter 77 - Animals and Livestock › Article 9 - Brands, Ownership, Transportation and Sale of Animals › Section 77-9-56 - Hide purchases; bill of sale; contents; penalty.

A person in this state who purchases a hide from livestock is required to secure from the person from whom the hide is purchased, at the time of purchase, a bill of sale showing the brands and the marks, if any, on the hide. A person who violates the provisions of this section 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 1921, ch. 26, § 1; C.S. 1929, § 4-1443; 1941 Comp., § 49-953; 1953 Comp., § 47-9-52; Laws 1999, ch. 282, § 65.
ANNOTATIONS
The 1999 amendment,
effective July 1, 1999, deleted "witnessed by two witnesses" preceding "showing the brands" in the first sentence; substituted "sentenced in accordance with the provisions of Section 31-19-1 NMSA 1978 for each offense" for "fined in a sum not less than twenty-five ($25.00) dollars nor more than five hundred ($500.00) dollars or be imprisoned not less than thirty (30) days nor more than six (6) months or both such fine and imprisonment in the discretion of the court" in the last sentence; and made stylistic changes throughout the section.
2023 New Mexico Statutes › Chapter 77 - Animals and Livestock › Article 9 - Brands, Ownership, Transportation and Sale of Animals › Section 77-9-57 - Magistrate jurisdiction.

Magistrates are given jurisdiction over all persons, firms or corporations charged with a violation of The Livestock Code [Chapter 77, Articles 2 to 18 NMSA 1978].
History:
Laws 1921, ch. 26, § 2; C.S. 1929, § 4-1444; 1941 Comp., § 49-954; 1953 Comp., § 47-9-53; Laws 1993, ch. 248, § 71.
ANNOTATIONS
The 1993 amendment,
effective June 18, 1993, added the section heading ; substituted "Magistrates" for "Justices of the Peace"; substituted "The Livestock Code" for "this Act"; and made minor stylistic changes.
2023 New Mexico Statutes › Chapter 77 - Animals and Livestock › Article 9 - Brands, Ownership, Transportation and Sale of Animals › Section 77-9-58 to 77-9-63 - Recompiled and Repealed.

ANNOTATIONS
Compiler's notes.
— Laws 1999, ch. 282, §§ 66 to 69 recompiled 77-9-58 to 77-9-61 NMSA 1978, relating to cattle rest stations, as 77-9A-1 to 77-9A-4 NMSA 1978, effective July 1, 1999.
Laws 1999, ch. 282, § 104 repealed 77-9-62 NMSA 1978, as enacted by Laws 1969, ch. 124, § 1, relating to truckers hauling livestock, effective July 1, 1999. For provisions of former section,
see
the 1998 NMSA 1978 on
NMOneSource.com
.
Laws 1999, ch. 282, § 70 recompiled 77-9-63 NMSA 1978, relating to the unloading of livestock for feed, rest and water, as 77-9A-5 NMSA 1978, effective July 1, 1999.
2023 New Mexico Statutes › Chapter 77 - Animals and Livestock › Article 9A - Cattle and Sheep Rest Stations › Section 77-9A-1 - Interstate cattle or sheep transportation; cattle or sheep rest stations.

It is unlawful for any person to unload cattle or sheep in interstate transit by truck for feed, rest and water except at cattle or sheep rest stations licensed by the board except in emergency situations. In emergency situations, cattle or sheep in transit shall be inspected by an inspector before being reloaded.
History:
1953 Comp., § 47-9-54, enacted by Laws 1961, ch. 3, § 1; 1993, ch. 248, § 72; 1978 Comp., § 77-9-58 recompiled and amended as 1978 Comp., § 77-9A-1 by Laws 1999, ch. 282, § 66.
ANNOTATIONS
The 1999 amendment,
effective July 1, 1999, recompiled this section which was formerly 77-9-58 NMSA and inserted "or sheep" following "cattle" throughout the section.
The 1993 amendment,
effective June 18, 1993, added the current catchline; deleted "cattle sanitary" preceding "board " in two places; and made minor stylistic changes.
2023 New Mexico Statutes › Chapter 77 - Animals and Livestock › Article 9A - Cattle and Sheep Rest Stations › Section 77-9A-2 - Cattle or sheep rest stations; licensing.

The board shall license all cattle and sheep rest stations, which shall meet minimum rules of the board, and shall collect a license fee set by the board for each station licensed. No applicant shall be licensed until he has posted a bond in a form and amount approved by the board covering the faithful compliance by the licensee with all laws and rules of the board pertaining to cattle or sheep rest stations.
History:
1953 Comp., § 47-9-55, enacted by Laws 1961, ch. 3, § 2; 1993, ch. 248, § 73; 1978 Comp., § 77-9-59, recompiled and amended as 1978 Comp., § 77-9A-2 by Laws 1999, ch. 282, § 67.
ANNOTATIONS
The 1999 amendment,
effective July 1, 1999, recompiled this section which was formerly 77-9-59 NMSA 1978, inserted "or sheep" following "cattle" throughout the section, substituted "rules" for "regulations" in the first and last sentences, and substituted "form and amount approved by the board" for "form approved by the attorney general in the amount of one thousand dollars ($1,000)" in the last sentence.
The 1993 amendment,
effective June 18, 1993, added the current catchline; deleted "cattle sanitary" preceding "board" in three places; substituted "set by the board" for "of ten dollars ($10.00)" in the first sentence; and made minor stylistic changes.
2023 New Mexico Statutes › Chapter 77 - Animals and Livestock › Article 9A - Cattle and Sheep Rest Stations › Section 77-9A-3 - Rest stations; rules.

The board may prescribe rules covering the operation of rest stations for cattle or sheep in transit by truck.
History:
1953 Comp., § 47-9-56, enacted by Laws 1961, ch. 3, § 3; 1993, ch. 248, § 74; 1978 Comp., § 77-9-60, recompiled and amended as 1978 Comp., § 77-9A-3 by Laws 1999, ch. 282, § 68.
ANNOTATIONS
The 1999 amendment,
effective July 1, 1999, recompiled this section which was formerly 77-9-60 NMSA 1978, substituted the present section heading for "Regulations", and inserted "or sheep" following "cattle" in the section text.
The 1993 amendment,
effective June 18, 1993, added the current catchline and deleted "cattle sanitary" preceding "board".
2023 New Mexico Statutes › Chapter 77 - Animals and Livestock › Article 9A - Cattle and Sheep Rest Stations › Section 77-9A-4 - Violations; penalty.

A person who violates any of the provisions of Chapter 77, Article 9A NMSA 1978 or any rule of the board pertaining to rest stations is guilty of a misdemeanor and upon conviction shall be sentenced in accordance with the provisions of Section 31-19-1 NMSA 1978.
History:
1953 Comp., § 47-9-57, enacted by Laws 1961, ch. 3, § 4; 1978 Comp., § 77-9-61, recompiled and amended as 1978 Comp., § 77-9A-4 by Laws 1999, ch. 282, § 69.
ANNOTATIONS
The 1999 amendment,
effective July 1, 1999, recompiled this section which was formerly 77-9-61 NMSA 1978, substituted "Chapter 77, Article 9A NMSA 1978" for "this 1961 act", and substituted "sentenced in accordance with the provisions of Section 31-19-1 NMSA 1978" for "punished by a fine of not more than two hundred dollars ($200) nor less than fifty dollars ($50.00) or by imprisonment in the county jail for not more than six months nor less than thirty days or by both such fine and imprisonment in the discretion of the court".
2023 New Mexico Statutes › Chapter 77 - Animals and Livestock › Article 9A - Cattle and Sheep Rest Stations › Section 77-9A-5 - Unloading livestock for feed, rest and water; dumping carcasses; penalty.

A. All livestock that has been confined to a truck for a continuous period of twenty-four hours without feed, rest and water shall be unloaded at the nearest licensed cattle or sheep rest station or other facility providing feed and water for livestock. The livestock shall receive adequate feed and water and a minimum of five hours rest before reloading.
B. A livestock inspector or other peace officer may require a person moving livestock within the state by truck to unload the livestock for feed, rest and water when the logbook of the operator indicates the livestock has been confined for twenty-four hours. If a livestock inspector determines a truck moving livestock to be unsafe or overloaded or if the conditions for the livestock are determined to be unsafe, the livestock inspector shall have the authority to remedy the situation.
C. All expenses incurred in compliance with this section are the responsibility of the livestock owner or his agent.
D. A person shall not dispose of carcasses along the public streets, roads or highways of this state. A person who violates the provisions of this subsection is guilty of a misdemeanor and upon conviction shall be sentenced in accordance with the provisions of Section 31-19-1 NMSA 1978.
History:
1953 Comp., § 47-9-59, enacted by Laws 1969, ch. 124, § 2; 1991, ch. 16, § 1; 1978 Comp., § 77-9-63, recompiled and amended as 1978 Comp., § 77-9A-5 by Laws 1999, ch. 282, § 70.
ANNOTATIONS
The 1999 amendment,
effective July 1, 1999, recompiled this section which was formerly 77-9-63 NMSA 1978, added "dumping carcasses; penalty" to the section heading; in Subsection A, inserted "or sheep" following "cattle", and deleted the last sentence, which read "The loading and unloading of in-transit cattle shall be subject to the provisions of Section 77-9-58 NMSA 1978"; added Subsection D; and made stylistic changes throughout the section.
The 1991 amendment,
effective June 14, 1991, substituted "twenty-four hours" for "thirty-six hours" in the first sentence in Subsections A and B; substituted "77-9-58 NMSA 1978" for "47-9-54 NMSA 1953" in the third sentence in Subsection A; added the second sentence in Subsection B; and made minor stylistic changes in Subsections A and B.
2023 New Mexico Statutes › Chapter 77 - Animals and Livestock › Article 10 - Livestock Auction Markets › Section 77-10-1 - Definitions.

As used in Chapter 77, Article 10 NMSA 1978:
A. "livestock auction market" means a place, establishment or facility conducted or operated for compensation or profit as a public livestock market consisting of pens or other enclosures, barns, stables, sheds and their appurtenances, including saddle and work stock, and vehicles used in connection therewith or in the operation thereof where livestock not owned by the operator for at least three months next preceding the receipt thereof is received, held or kept for any purpose other than:
(1) immediate shipment or immediate slaughter;
(2) grazing, feeding or breeding; or
(3) for the sale and exchange of breeding stock by a bona fide livestock association; and
B. "operator" means a person in control of the management or operation of a livestock auction market.
History:
Laws 1937, ch. 59, § 1; 1941 Comp., § 49-1001; 1953 Comp., § 47-10-1; Laws 1969, ch. 175, § 1; 1993, ch. 248, § 75; 1999, ch. 282, § 71.
ANNOTATIONS
The 1999 amendment,
effective July 1, 1999, substituted "livestock auction market" for "sales ring" in Subsections A and B, and deleted "auction market" following "establishment" near the beginning of Subsection A.
The 1993 amendment,
effective June 18, 1993, substituted "Chapter 77, Article 10 NMSA 1978" for "Sections 47-10-1 through 47-10-10 NMSA 1953" in the introductory paragraph; deleted former Subsections A, D and E defining "livestock", "person" and "board", respectively; redesignated former Subsections B and C as Subsections A and B; inserted "auction market" near the beginning of Subsection A; and made a minor stylistic change.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
7 Am. Jur. 2d Auctions and Auctioneers § 10; 51 Am. Jur. 2d Licenses and Permits § 1 et seq.
3 C.J.S. Agriculture § 163 et seq.; 7A C.J.S. Auctions and Auctioneers § 1 et seq.
2023 New Mexico Statutes › Chapter 77 - Animals and Livestock › Article 10 - Livestock Auction Markets › Section 77-10-3 - Duties of licensees.

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 by the board or a veterinarian authorized by the board, shall disinfect the livestock auction market or any part thereof and shall procure to be administered preventive or curative treatment of livestock in the possession of the operator, all under the supervision and direction of the board or its authorized veterinarian and without expense to the board;
C. allow the board and its members and officials and its inspectors and authorized veterinarians to have convenient access to the livestock auction market and its books and records or any livestock that may be in his possession at all reasonable times for the purpose of inspection;
D. post in a conspicuous place at the livestock auction market a schedule of all charges for services, accommodations and facilities that he holds himself out as ready, able and willing to furnish at the livestock auction market to owners of livestock and shall file a true copy of the schedule with the board. The schedule shall be the sole basis for all charges until a different schedule has been posted and filed;
E. immediately after the sale of any livestock at the livestock auction market, account and pay to the owner of the livestock the entire proceeds of the sale less his applicable scheduled charges;
F. make promptly after each sale and keep for a period of three years a complete record of the sale that contains a description of the livestock sold, the name of the owner and of the purchaser, the date of sale, the sale price and the amount and items of the operator's charges and open all such records to examination by the board or its inspector at any time on request;
G. be responsible for the wrongful acts or omissions of his agents and employees; and
H. comply with and conform to all lawful rules of the board and shall cooperate with the board in preventing the spread of diseases through the operation of the livestock auction market and in the suppression of livestock theft.
History:
Laws 1937, ch. 59, § 3; 1941 Comp., § 49-1003; 1953 Comp., § 47-10-3; Laws 1999, ch. 282, § 73.
ANNOTATIONS
The 1999 amendment,
effective July 1, 1999, substituted the Subsection A to G designations for former paragraph (a) to (g) designations; substituted "livestock auction market" for "sales ring" throughout the section; substituted "provided in Section 77-10-2 NMSA 1978" for "herein provided" in Subsection A; deleted "contagious and infectious livestock" preceding "diseases" in Subsection H; and made stylistic changes throughout the section.
2023 New Mexico Statutes › Chapter 77 - Animals and Livestock › Article 10 - Livestock Auction Markets › Section 77-10-4 - Notice to board of receipt of livestock; contents; fees.

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 collect and remit to the board or agent for the board the inspection fees prescribed by law for each head of livestock received. All money paid to the board shall be deposited to the proper board fund.
History:
Laws 1937, ch. 59, § 4; 1941 Comp., § 49-1004; Laws 1951, ch. 167, § 1; 1953 Comp., § 47-10-4; Laws 1969, ch. 175, § 3; 1973, ch. 234, § 4; 1981, ch. 357, § 12; 1993, ch. 248, § 76; 1999, ch. 282, § 74.
ANNOTATIONS
The 1999 amendment,
effective July 1, 1999, deleted "payment in lieu of" preceding "fees" in the section heading; substituted "livestock auction market" for "sales ring" in the first sentence; and in the second sentence, deleted "and in lieu of all fees required by law", substituted "the inspection fees" for "a sum not to exceed the amount", and made a stylistic change.
The 1993 amendment,
effective June 18, 1993, deleted "New Mexico livestock" preceding "board" near the beginning of the section; deleted "the name and address of the owner, the name and address of the person from whom received, the manner of the delivery to the sales ring and, if such delivery be by motor vehicle, the make, type and license number of the vehicle and the name and address of the driver" following "received" in the first sentence; and made minor stylistic changes.
The 1981 amendment,
in the first sentence, deleted "thereof" following "notice," "owner," "the delivery" and "driver," deleted "therein" following "stating," deleted "herein" following "fees" and deleted "or" following "cattle," inserted "New Mexico livestock" and "by law" following "required" and substituted "the" for "such" preceding "vehicle," substituted "the amount prescribed by law" for "twenty cents for the period ending January 1, 1975 and not to exceed twenty-five cents ($.25)," substituted "mules, asses" for "thereafter and a sum not to exceed eight cents ($.08) per head for" and substituted "or" for "and" following "sheep."
2023 New Mexico Statutes › Chapter 77 - Animals and Livestock › Article 10 - Livestock Auction Markets › Section 77-10-5 - Livestock inspected by board inspector.

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 be again inspected as to ownership by an inspector, and the inspector shall conduct an inspection of the records documenting the receipt, sale or purchase of the livestock and may conduct a visual inspection of the livestock prior to issuing a certificate of inspection. The inspector shall issue his certificate of inspection and deliver one copy to the purchaser or his agent, one copy to the inspector at designation and forward the original to the board for filing.
History:
Laws 1937, ch. 59, § 5; 1941 ch. 38, § 1; 1941 Comp., § 49-1005; 1953 Comp., § 47-10-5; Laws 1999, ch. 282, § 75.
ANNOTATIONS
The 1999 amendment,
effective July 1, 1999, substituted "livestock auction market" for "sales ring" and "an inspector" for "a duly accredited inspector of the board" in the first sentence; deleted "and that the operator has been duly authorized by the owner thereof to receive the same" following "the livestock" in the second sentence; substituted "inspector, and the inspector shall conduct an inspection of the records documenting the receipt, sale or purchase of the livestock and may conduct a visual inspection of the livestock prior to issuing a certificate of inspection" for "accredited inspector of the board, and" in the third sentence; substituted "one copy to the inspector at designation and forward the original to the board" for "one copy to the operator and forward one copy to the board" in the last sentence; deleted the former last two sentences, which stated that if the facts requisite for the issue of the inspection certificate are not furnished to the inspector, the livestock in question shall be held for a period of five days, at which time, the livestock shall be deemed to be and shall be dealt with as estray; and made stylistic changes throughout the section.
Board inspectors have mandatory legal duty to inspect all Indian owned livestock
arriving at off-reservation sales rings as soon as practicable; the inspector may order the livestock held for inspection by the pueblo or tribal inspector only in those cases where such an inspection is necessary to enable the state inspector to satisfy himself as to the ownership of the livestock. 1980 Op. Att'y Gen. No. 80-24.
2023 New Mexico Statutes › Chapter 77 - Animals and Livestock › Article 10 - Livestock Auction Markets › Section 77-10-6 - Repealed.

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.
2023 New Mexico Statutes › Chapter 77 - Animals and Livestock › Article 10 - Livestock Auction Markets › Section 77-10-7 - [Scales; inspection and certification.]

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.
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 10 - Livestock Auction Markets › Section 77-10-8 - [Rules and regulations.]

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.
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 10 - Livestock Auction Markets › Section 77-10-9 - Livestock; owners bound by rules.

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, ch. 282, § 76.
ANNOTATIONS
The 1999 amendment,
effective July 1, 1999, substituted "Chapter 77, Article 10" for "Sections 77-10-1 through 77-10-10", and made several stylistic changes throughout the section.
The 1993 amendment,
effective June 18, 1993, substituted "Sections 77-10-1 through 77-10-10 NMSA 1978" for "this act"; substituted "the board as to health and ownership" for "the Sheep Sanitary Board as to health and ownership as are now in force or may hereafter be adopted"; and made minor stylistic changes.
2023 New Mexico Statutes › Chapter 77 - Animals and Livestock › Article 10 - Livestock Auction Markets › Section 77-10-10 - Violations; penalty.

A person who violates Chapter 77, Article 10 NMSA 1978 or any rule of the board made pursuant to that article is guilty of a misdemeanor and upon conviction shall be sentenced in accordance with the provisions of Section 31-19-1 NMSA 1978, and each day's violation constitutes a separate offense.
History:
Laws 1937, ch. 59, § 9; 1941 Comp., § 49-1010; 1953 Comp., § 47-10-10; Laws 1999, ch. 282, § 77.
ANNOTATIONS
The 1999 amendment,
effective July 1, 1999, rewrote the section, which formerly read: "Violation of this act or of any rule or regulation of the board made in pursuance of this act shall constitute a misdemeanor punishable by a fine of not less than fifty dollars ($50.00) nor more than one hundred dollars ($100.00), and each day's violation shall constitute a separate offense."
2023 New Mexico Statutes › Chapter 77 - Animals and Livestock › Article 11 - Herding › Section 77-11-1 - [Driving herds through fenced lands; restrictions; penalty 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, at least 24 hours before beginning such drive and passing through such land, obtain permission from the owner thereof, or his agent in charge, or if said land be leased, from the lessee thereof, or his agent in charge, of an intention to drive said herd across said inclosed lands, and during passage over said land shall carefully herd said animals to prevent mixture with other animals and the brands being driven, and shall before leaving such inclosure check the herd thoroughly and cut therefrom all animals other than the brands being driven; and any person, persons, company or corporation, or their agent, driving any herd other than in the owner's recorded brand shall have the authorization in writing of the person owning the brand of record to drive the same, and any person violating the provisions of this section shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in any sum not more than $500 or confined in the county jail not more than six months, or by both such fine and imprisonment.
History:
Laws 1941, ch. 94, § 1; 1941 Comp., § 49-1201; 1953 Comp., § 47-12-1.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Cross references.
— For trespass by herds,
see
77-14-3 NMSA 1978.
Immediate separation of intermixed herd required.
— Code 1915, § 31 (now repealed) required the drover of cattle, when stock of other owners should intermix with his herd, immediately to cut out and separate such stock from the drove, and the practice of drovers to stop at stated periods and cut them out was not a compliance with this section.
State v. Rucker
, 1916-NMSC-053, 22 N.M. 275, 161 P. 337 (decided under former law).
Am. Jur. 2d, A.L.R. and C.J.S. references. —
4 Am. Jur. 2d Animals § 69 et seq.
3A C.J.S. Animals §§ 36, 121, 122.
2023 New Mexico Statutes › Chapter 77 - Animals and Livestock › Article 11 - Herding › Section 77-11-2 - [Filing of partido or herding contracts required.]

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 the county or counties wherein said horses, cattle, sheep or goats are located or about to be removed.
History:
Laws 1923, ch. 14, § 1; C.S. 1929, § 4-311; Laws 1939, ch. 60, § 1; 1941 Comp., § 49-1202; 1953 Comp., § 47-12-2.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Recording of partido contracts deemed permissive.
— Code 1915, §§ 41 and 42 (now repealed), which authorized the recording of partido contracts, were permissive and not mandatory, and a failure to record did not render the same void as to subsequent purchasers or mortgagees without notice.
Encino State Bank v. Tenorio
, 1922-NMSC-026, 28 N.M. 65, 206 P. 698;
Page v. Jones
, 1920-NMSC-039, 26 N.M. 195, 190 P. 541 (both decided under former law).
Am. Jur. 2d, A.L.R. and C.J.S. references. —
3A C.J.S. Animals § 18.
2023 New Mexico Statutes › Chapter 77 - Animals and Livestock › Article 11 - Herding › Section 77-11-3 - [Method of filing contracts.]

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.
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 11 - Herding › Section 77-11-4 - [Effect of filing contract.]

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, § 4-314; Laws 1939, ch. 60, § 3; 1941 Comp., § 49-1204; 1953 Comp., § 47-12-4.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.