reglab/statecodes huggingface dataset:
2023 New Mexico Statutes › Chapter 77 - Animals and Livestock › Article 8 - Sheep › Section 77-8-15 - Bills of sale; evidence of larceny.

A. A duly executed bill of sale is an instrument in writing by which the owner or his authorized agent transfers to the buyer the title to the sheep or goat described in the bill of sale and guarantees to defend the title against all lawful claims. It shall fully describe in detail the sheep or goat, and such description shall include marks, brands and all other identification. The bill of sale shall be executed the day of the transaction.
B. A purchase sheet properly executed by a licensed livestock auction market constitutes a valid bill of sale.
C. A registration certificate issued by a recognized pure-bred association, properly identifying the animal and properly acknowledged by the secretary of the association, may be used as proof of ownership.
D. An inspection certificate executed as a bill of sale and certified by inspector may be used as proof of ownership.
E. A person shall not sell or buy sheep or goats unless a bill of sale is provided. The possession by a person of sheep or goats having any mark or brand not his recorded mark or brand unless he has a bill of sale or authority in writing to possess or sell such sheep or goats shall be taken as prima facie evidence that he committed larceny of the sheep or goats and shall be sufficient for his conviction of larceny unless the evidence shows his innocence.
History:
1941 Comp., § 49-888, enacted by Laws 1951, ch. 188, § 27; 1953 Comp., § 47-8-27; Laws 1999, ch. 282, § 41.
ANNOTATIONS
The 1999 amendment,
effective July 1, 1999, added Subsections A to D; designated the formerly undesignated paragraph as Subsection E, and in that Subsection, rewrote the first sentence, which formerly read "No person shall sell, nor shall any person buy, sheep, unless the seller gives to the purchaser and the purchaser receives from the seller a bill of sale which fully describes the sheep by their marks, brands, number and class and is duly acknowledged before some officer authorized by law to take acknowledgements", and inserted "or goats" following "sheep" throughout the second sentence.
2023 New Mexico Statutes › Chapter 77 - Animals and Livestock › Article 8 - Sheep › Section 77-8-16 - Report of estray sheep or goats; sale.

A person finding estray sheep or goats shall immediately report them to an inspector or the director and deliver them to an inspector upon demand. If the mark or brand on the sheep or goat is recorded in the board office, the director shall notify the owner of record and make arrangements to deliver the sheep or goats to the owner of record if he is the actual owner. If the owner of record no longer owns the sheep or goats, the director shall deliver them to the subsequent purchaser who can prove ownership with a valid bill of sale. In either case, delivery shall be conditioned upon payment by the claimant of all costs incurred in keeping the sheep or goats and such other expenses as may have been necessarily incurred. If the owner cannot be ascertained after diligent inquiry, the director shall order an inspector to sell them to the person paying the highest cash price for them after giving general or special notice or advertising as the director deems necessary under the circumstances. The money arising from the sale shall be used first to defray the costs and expenses in keeping and advertising the sheep or goats and those incurred in the sale. The residue, if any, shall be placed in the board fund; provided, however, that if at any time within two years after the sale any person shall prove ownership of the sheep or goats at the time they became lost, the residue shall be paid to him.
History:
1941 Comp., § 49-889, enacted by Laws 1951, ch. 188, § 28; 1953 Comp., § 47-8-28; Laws 1999, ch. 282, § 42.
ANNOTATIONS
The 1999 amendment,
effective July 1, 1999, inserted "or goats" and substituted "director" for "secretary" throughout the section, and substituted "two years" for "one (1) year" in the last sentence.
2023 New Mexico Statutes › Chapter 77 - Animals and Livestock › Article 8 - Sheep › Section 77-8-17 - Enforcement of provisions; recovery of costs and expenses.

Upon the failure or refusal of any owner or person in charge of sheep to comply with the provisions of Sections 11, 12, 14, 16, or 18 [77-8-2, 77-8-3, 77-8-5, 77-8-7 NMSA 1978] of this act or rules and regulations made in pursuance thereof, the inspector shall summarily take custody of and hold the sheep involved in the violation of said sections or rules and regulations until said provisions are complied with or until there is a determination of any legal proceedings brought under said sections. The board shall bring legal proceedings against any violator who after reasonable notice still refuses to comply with these provisions for the enforcement of these provisions or for the costs and expenses incurred in holding the sheep and of bringing said legal proceedings, or for both purposes. In these proceedings no bond shall be required from the board.
History:
1941 Comp., § 49-890, enacted by Laws 1951, ch. 188, § 29; 1953 Comp., § 47-8-29.
ANNOTATIONS
Compiler's notes.
— Section 18, referred to in this section, is Laws 1951, ch. 188, § 18, which was repealed by Laws 1971, ch. 50, § 5.
2023 New Mexico Statutes › Chapter 77 - Animals and Livestock › Article 8 - Sheep › Section 77-8-18 - Penalties.

A person who violates the provisions of Section 77-8-2, 77-8-3, 77-8-14 or 77-8-22 NMSA 1978 or rules adopted pursuant to any of those sections is guilty of a misdemeanor for each head and, upon conviction shall be sentenced in accordance with the provisions of Section 31-19-1 NMSA 1978.
History:
1941 Comp., § 49-891, enacted by Laws 1951, ch. 188, § 30; 1953 Comp., § 47-8-30; Laws 1999, ch. 282, § 43.
ANNOTATIONS
The 1999 amendment,
effective July 1, 1999, rewrote the section, which formerly read: "Any person who violates the provisions of Sections 11, 12, 16, or 26 of this act or rules and regulations made in pursuance thereof, upon his conviction before any justice of the peace or district court in this state, shall be fined in any sum not less than fifty dollars ($50.00) nor more than five hundred dollars ($500) and in addition thereto may at the discretion of the court trying the case be imprisoned in jail for any period of time not to exceed six (6) months."
2023 New Mexico Statutes › Chapter 77 - Animals and Livestock › Article 8 - Sheep › Section 77-8-19 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1993, ch. 248, § 80 repealed 77-8-19 NMSA 1978, as enacted by Laws 1951, ch. 188, § 31, relating to tax levies, effective June 18, 1993. For provisions of former section,
see
the the 1992 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 77 - Animals and Livestock › Article 8 - Sheep › Section 77-8-20 - Commuting sheep or goats; fees.

A. For the purpose of this section, "commuting sheep or goats" means sheep or goats that are transferred from New Mexico to some other state with which New Mexico shares a common boundary and back again or from some other state that shares a common boundary with New Mexico, to New Mexico and back again:
(1) during any twelve-month period;
(2) by one owner; and
(3) for the purpose of seasonal grazing, breeding, lambing or kidding on lands owned or leased by that owner in the course of his normal operations in each of the two states.
B. Owners of commuting sheep or goats shall have them inspected for each movement but shall pay the inspection fees for transporting commuting sheep or goats only once in any twelve-month period. For subsequent movements in a twelve-month period, the owner shall pay the inspection fees on those sheep or goats over the number involved in the first movement. If the owner of commuting sheep or goats transports them for a purpose other than regular commuting they shall, at that time, lose their special character of commuting sheep or goats and be subject to the fees normally required by law.
History:
1953 Comp., § 47-8-41, enacted by Laws 1963, ch. 129, § 6; 1999, ch. 282, § 44; 2001, ch. 38, § 1.
ANNOTATIONS
The 2001 amendment,
effective July 1, 2001, rewrote Subsection B, which formerly read "Owners of commuting sheep or goats shall have them inspected for each movement and shall pay the inspection fees for the sheep or goats normally required by law."
The 1999 amendment,
effective July 1, 1999, inserted "or goats" throughout the section; in Subsection A, deleted the former Paragraph (1) and (2) designations, redesignated former Paragraphs (3) to (5) as Paragraphs (1) to (3), and in Paragraph (3), inserted "or kidding"; and in Subsection B, substituted "the sheep or goats normally required by law" for "transporting commuting sheep only once in any twelve-month period. For the second movement in any twelve-month period, the owner shall pay the inspection fees on any sheep over the number involved in the first movement. If at any time the owner of commuting sheep transports them for any purpose other than their regular commuting, they shall at that time lose their special character of commuting sheep and be subject to the fees normally required by law".
2023 New Mexico Statutes › Chapter 77 - Animals and Livestock › Article 8 - Sheep › Section 77-8-21 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1999, ch. 282, § 104 repealed 77-8-21 NMSA 1978, as enacted by Laws 1963, ch. 129, § 7, relating to sheep dipping fees, 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 8 - Sheep › Section 77-8-22 - Necessity of branding or marking sheep and goats.

A. A person owning sheep or goats shall have and adopt a brand for them except for registered sheep or goats that are properly identified by legible tattoos and whose owner has been issued a certificate of brand exemption for his flock by the board. The brand shall be applied by any method approved by the board. Each brand shall be recorded in the office of the board. The board may provide for the use of a mark in lieu of the owner's brand if the mark is recorded in conjunction with the brand.
B. Unbranded or unmarked sheep or goats, except offspring with a branded or marked mother, shall be subject to seizure by a peace officer or inspector and shall be handled and disposed of in the same manner as is provided for the handling and disposal of estrays.
C. Sheep or goats that are purchased shall be rebranded or remarked by the new owner with his recorded brand or mark within thirty days of the purchase date unless he is given special permission by the board or the former owner to use the former owner's recorded brand or mark on the sheep or goats.
History:
1978 Comp., § 77-8-22, enacted by Laws 1999, ch. 282, § 45.
ANNOTATIONS
Effective dates.
— Laws 1999, ch. 282, § 105, made the act effective July 1, 1999.
2023 New Mexico Statutes › Chapter 77 - Animals and Livestock › Article 8A - Sheep and Goats › Section 77-8A-1 - Short title.

This act [77-8A-1 to 77-8A-11 NMSA 1978] may be cited as the "New Mexico Sheep and Goat Act".
History:
Laws 1997, ch. 99, § 1 and Laws 1997, ch. 147, § 1.
ANNOTATIONS
Duplicate laws.
— Laws 1997, ch. 99, § 1 and Laws 1997, ch. 147, § 1 enacted identical new sections of law. Both were compiled as 77-8A-1 NMSA 1978.
2023 New Mexico Statutes › Chapter 77 - Animals and Livestock › Article 8A - Sheep and Goats › Section 77-8A-2 - Definitions.

As used in the New Mexico Sheep and Goat Act:
A. "board" means the New Mexico livestock board;
B. "council" means the New Mexico sheep and goat council;
C. "department" means the New Mexico department of agriculture;
D. "director" means the director of the New Mexico department of agriculture;
E. "handler" means any producer, processor, distributor or other person engaged in handling, marketing or dealing in sheep or haired goats or their products; and
F. "producer" means any person engaged in the business of raising, breeding, feeding or growing sheep or haired goats.
History:
Laws 1997, ch. 99, § 2 and Laws 1997, ch. 147, § 2.
ANNOTATIONS
Duplicate laws.
— Laws 1997, ch. 99, § 2 and Laws 1997, ch. 147, § 2 enacted identical new sections of law. Both were compiled as 77-8A-2 NMSA 1978.
2023 New Mexico Statutes › Chapter 77 - Animals and Livestock › Article 8A - Sheep and Goats › Section 77-8A-3 - Sheep and goat council created; election; vacancies; ex-officio members.

A. There is created the "New Mexico sheep and goat council", consisting of seven members. Members shall be elected by producers from nominations made to the director by producers or producer organizations.
B. The initial members of the council shall be elected as follows:
(1) two members for one-year terms;
(2) two members for two-year terms; and
(3) three members for three-year terms.
C. Thereafter, each member shall be elected for a term ending three years from the date of expiration of the term for which his predecessor was elected, except in case of a vacancy, when the appointee shall serve the unexpired part of the term of the member whom he replaces. Vacancies shall be filled by appointment by the director from nominations made by producers and producer organizations. The director shall serve as an ex-officio, nonvoting member of the council.
History:
Laws 1997, ch. 99, § 3 and Laws 1997, ch. 147, § 3.
ANNOTATIONS
Duplicate laws.
— Laws 1997, ch. 99, § 3 and Laws 1997, ch. 147, § 3 enacted identical new sections of law. Both were compiled as 77-8A-3 NMSA 1978.
2023 New Mexico Statutes › Chapter 77 - Animals and Livestock › Article 8A - Sheep and Goats › Section 77-8A-4 - Council member qualifications.

A. Each member of the council shall have the following qualifications, which shall continue during his term of office:
(1) be actively engaged in sheep or goat production; or
(2) be in some branch of the sheep or haired goat business and during his entire term receive a substantial portion of his income from the sheep or haired goat business.
B. Members of the council shall be elected according to the following plan: two producers from northern New Mexico in areas north of interstate 40, four producers from southern New Mexico in areas south of interstate 40 and one handler of sheep or haired goats or their products.
History:
Laws 1997, ch. 99, § 4 and Laws 1997, ch. 147, § 4.
ANNOTATIONS
Duplicate laws.
— Laws 1997, ch. 99, § 4 and Laws 1997, ch. 147, § 4 enacted identical new sections of law. Both were compiled as 77-8A-4 NMSA 1978.
2023 New Mexico Statutes › Chapter 77 - Animals and Livestock › Article 8A - Sheep and Goats › Section 77-8A-5 - Officers; meetings; expenses.

The council shall elect annually a chairman, vice chairman and such other officers as it deems necessary from among its members. The council shall meet at least once each six months and at such other times as it may be called by the chairman. The council may provide rules for reimbursement of members' expenses while on official business of the council, but such reimbursement shall in no case exceed the provisions of the Per Diem and Mileage Act [10-8-1 to 10-8-8 NMSA 1978]. Council members shall receive no other compensation, perquisite or allowance.
History:
Laws 1997, ch. 99, § 5 and Laws 1997, ch. 147, § 5.
ANNOTATIONS
Duplicate laws.
— Laws 1997, ch. 99, § 5 and Laws 1997, ch. 147, § 5 enacted identical new sections of law. Both were compiled as 77-8A-5 NMSA 1978.
2023 New Mexico Statutes › Chapter 77 - Animals and Livestock › Article 8A - Sheep and Goats › Section 77-8A-6 - Duties; powers.

A. The council shall:
(1) conduct marketing programs, including promotion, education and research, promoting sheep and haired goat products;
(2) submit to the director a detailed annual budget for the council on a fiscal-year basis and provide a copy of the budget upon request to any person who has paid an assessment or made a contribution under the New Mexico Sheep and Goat Act;
(3) bond officers and employees of the council who receive and disburse council funds;
(4) keep detailed and accurate records for all receipts and disbursements, have those records audited annually and keep the audit available for inspection in the council office;
(5) establish procedures for the adoption of regulations that will provide for input from producers;
(6) determine and publish each year the assessment rates to be collected by the board; and
(7) employ staff not to exceed three persons.
B. The council may:
(1) contract for scientific research to discover and improve the commercial value of sheep and haired goats and products thereof;
(2) disseminate information showing the value of sheep and haired goats and products for any purpose for which they may be found useful and profitable;
(3) fund programs to enhance the efficiencies of sheep and haired goat production;
(4) make grants to research agencies for financing studies or for the purchase or acquisition of facilities necessary to carry out the purposes of the council as authorized by the New Mexico Sheep and Goat Act;
(5) cooperate with any local, state or national organizations or agencies, whether created by law or voluntary, engaged in work or activities similar to that of the council, and enter into contracts with those organizations or agencies and expend funds in connection therewith for carrying on joint programs;
(6) study federal and state legislation with respect to tariffs, duties, reciprocal trade agreements, import quotas and other matters concerning the effect on the sheep and haired goat industry and represent and protect the interests of the industry with respect to any legislation or proposed legislation or executive action that may affect that industry;
(7) enter into contracts that it deems appropriate to the carrying out of the purposes of the council as authorized by the New Mexico Sheep and Goat Act;
(8) sue and be sued as a council without individual liability for acts of the council within the scope of the powers conferred upon it by the New Mexico Sheep and Goat Act;
(9) appoint subordinate officers and employees of the council and prescribe their duties and fix their compensation;
(10) adopt regulations for the exercise of its powers and duties. A copy of all council regulations shall be filed with the department; and
(11) cooperate with other state councils or agencies in the collection of assessments.
History:
Laws 1997, ch. 99, § 6 and Laws 1997, ch. 147, § 6.
ANNOTATIONS
Duplicate laws.
— Laws 1997, ch. 99, § 6 and Laws 1997, ch. 147, § 6 enacted identical new sections of law. Both were compiled as 77-8A-6 NMSA 1978.
2023 New Mexico Statutes › Chapter 77 - Animals and Livestock › Article 8A - Sheep and Goats › Section 77-8A-7 - Funding.

In order to accomplish the purposes of the New Mexico Sheep and Goat Act, the council is empowered to:
A. receive any funds that may be returned to the New Mexico sheep and haired goat industry as its share of assessments collected by a national sheep promotion research and information board or any similar entity;
B. accept grants, donations, contributions or gifts from any source for expenditure for any purpose consistent with the powers and duties conferred on the council; and
C. receive any other funds that may be authorized by law.
History:
Laws 1997, ch. 99, § 7 and Laws 1997, ch. 147, § 7.
ANNOTATIONS
Duplicate laws.
— Laws 1997, ch. 99, § 7 and Laws 1997, ch. 147, § 7 enacted identical new sections of law. Both were compiled as 77-8A-7 NMSA 1978.
2023 New Mexico Statutes › Chapter 77 - Animals and Livestock › Article 8A - Sheep and Goats › Section 77-8A-8 - Assessments.

There is levied and imposed upon all sheep and haired goats involved in a transfer of ownership in the state an assessment to be called the "council assessment". The council assessment is to be fixed by the council at a rate not more than seventy-five cents ($.75) per head. The board shall collect this council assessment at the same time and in the same manner as the fee charged for the state inspection required upon the movement of those sheep and haired goats. The board shall not deliver the certificate of inspection or permit the sheep or haired goats to move until all fees have been paid. The proceeds of the council assessment shall be remitted by the board to the council at the end of each month along with information that will allow the council to make necessary refunds. At the request of the board, the council shall reimburse the board for the reasonable and necessary expenses incurred for such collections and information not to exceed four percent of collections on those sheep and haired goats involved in a transfer of ownership.
History:
Laws 1997, ch. 99, § 8 and Laws 1997, ch. 147, § 8.
ANNOTATIONS
Duplicate laws.
— Laws 1997, ch. 99, § 8 and Laws 1997, ch. 147, § 8 enacted identical new sections of law. Both were compiled as 77-8A-8 NMSA 1978.
2023 New Mexico Statutes › Chapter 77 - Animals and Livestock › Article 8A - Sheep and Goats › Section 77-8A-9 - Refunds.

Any person who has paid a council assessment is entitled to a refund of the amount paid by making written application for the refund to the council. The application form shall be returned within thirty days after the inspection was made giving rise to the council assessment and shall contain enough detail to enable the council to find the record of payment. Refunds shall be made within thirty days of the date of the application unless the proceeds and the necessary information have not been received by the council, in which case the refund shall be made within fifteen days after receipt of the proceeds and necessary information. The form shall be provided by the board at the time of inspection.
History:
Laws 1997, ch. 99, § 9 and Laws 1997, ch. 147, § 9.
ANNOTATIONS
Duplicate laws.
— Laws 1997, ch. 99, § 9 and Laws 1997, ch. 147, § 9 enacted identical new sections of law. Both were compiled as 77-8A-9 NMSA 1978.
2023 New Mexico Statutes › Chapter 77 - Animals and Livestock › Article 8A - Sheep and Goats › Section 77-8A-10 - Disposition of funds.

A. All funds received by the council shall be received and disbursed directly by the council. Such funds shall be audited in accordance with the provisions of the Audit Act [12-6-1 to 12-6-14 NMSA 1978]. The council is not required to submit vouchers, purchase orders or contracts to the department of finance and administration as otherwise required by Section 6-5-3 NMSA 1978.
B. The council shall issue warrants against funds of the council in payment of its lawful obligations. The council shall provide its own warrants, purchase orders and contract forms as well as other supplies and equipment. All warrants shall be signed by a council member and one other person designated by the council.
C. The council shall designate banks where its funds are to be deposited, provided such banks have been qualified as depository banks for state funds.
History:
Laws 1997, ch. 99, § 10 and Laws 1997, ch. 147, § 10.
ANNOTATIONS
Duplicate laws.
— Laws 1997, ch. 99, § 10 and Laws 1997, ch. 147, § 10 enacted identical new sections of law. Both were compiled as 77-8A-10 NMSA 1978.
2023 New Mexico Statutes › Chapter 77 - Animals and Livestock › Article 8A - Sheep and Goats › Section 77-8A-11 - Procurement Code; Personnel Act; exemptions; Tort Claims Act.

The council is exempt from the provisions of the Procurement Code and the Personnel Act. The council members and employees shall be subject to the Tort Claims Act [41-4-1 to 41-4-27 NMSA 1978] and shall be provided all insurance and self-insurance coverage provided by the risk management division of the general services department.
History:
Laws 1997, ch. 99, § 11 and Laws 1997, ch. 147, § 11.
ANNOTATIONS
Duplicate laws.
— Laws 1997, ch. 99, § 11 and Laws 1997, ch. 147, § 11 enacted identical new sections of law. Both were compiled as 77-8A-11 NMSA 1978.
Cross references.
— For the Procurement Code,
see
13-1-28 NMSA 1978 et seq.
For the Personnel Act,
see
10-9-1 NMSA 1978 et seq.
2023 New Mexico Statutes › Chapter 77 - Animals and Livestock › Article 9 - Brands, Ownership, Transportation and Sale of Animals › Section 77-9-1 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1999, ch. 282, § 104 repealed 77-9-1 NMSA 1978, as enacted by Laws 1884, ch. 47, § 1, relating to branding and marking of cattle and sheep, effective July 1, 1999. For provisions of former section,
see
the 1998 NMSA 1978 on
NMOneSource.com
. For present comparable provisions,
see
77-9-4 NMSA 1978.
2023 New Mexico Statutes › Chapter 77 - Animals and Livestock › Article 9 - Brands, Ownership, Transportation and Sale of Animals › Section 77-9-1.1 - Repealed.

History:
Laws 1999, ch. 282, § 46; repealed by Laws 2015, ch. 22, § 3.
ANNOTATIONS
Repeals.
— Laws 2015, ch. 22, § 3 repealed 77-9-1.1 NMSA 1978, as enacted by Laws 1999, ch. 282, § 46, relating to the definition of "livestock", effective June 19, 2015. For provisions of former section,
see
the 2014 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 77 - Animals and Livestock › Article 9 - Brands, Ownership, Transportation and Sale of Animals › Section 77-9-2 - [Earmarks; cutting; penalty.]

Any person, firm or corporation of this state may adopt and use an earmark, and such earmark shall be taken in evidence in connection with owner's recorded brand in all suits at law or in equity in which the title to stock is involved. Such earmark shall be made by cutting and shaping the ear or ears of the animal so marked, but in no case shall the person so marking the animal cut off more than one-half of the ear so marked, neither shall anyone mark by cutting an ear on both sides to a point. Any person, firm or corporation who violates this section shall be guilty of a petty misdemeanor.
History:
Laws 1884, ch. 47, § 3; C.L. 1884, § 56; C.L. 1897, § 66; Code 1915, § 116; C.S. 1929, § 4-1402; 1941 Comp., § 49-902; 1953 Comp., § 47-9-2; Laws 1965, ch. 4, § 1.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
3A C.J.S. Animals § 24.
2023 New Mexico Statutes › Chapter 77 - Animals and Livestock › Article 9 - Brands, Ownership, Transportation and Sale of Animals › Section 77-9-5 - Brands of livestock; recording; evidence of ownership.

No brands of livestock except those recorded pursuant to the provisions of The Livestock Code [Chapter 77, Articles 2 to 18 NMSA 1978] and are peeled shall be recognized in law as evidence of ownership of the livestock upon which the brand is used unless the owner has other means of identification, including freeze brands and freeze mark identification, that is recognized as evidence of ownership for horses, mules or asses.
History:
Laws 1895, ch. 6, § 2; C.L. 1897, § 107; Code 1915, § 118; C.S. 1929, § 4-1404; 1941 Comp., § 49-904; 1953 Comp., § 47-9-4; Laws 1975, ch. 50, § 1; 1985, ch. 60, § 2; 1999, ch. 282, § 49.
ANNOTATIONS
The 1999 amendment,
effective July 1, 1999, substituted "The Livestock Code" for "this article", deleted "and fully healed" following "are peeled", and made stylistic changes throughout the section.
The 1985 amendment
added "including freeze brands and freeze mark identification, which shall be recognized as evidence of ownership for horses, mules or asses."
Proof of recorded brand is sufficient to establish prima facie ownership
of all animals bearing such brand.
Gale & Farr v. Salas
, 1901-NMSC-024, 11 N.M. 211, 66 P. 520;
Chavez v. Territory
, 1892-NMSC-014, 6 N.M. 455, 30 P. 903;
Pryor v. Portsmouth Cattle Co., Ltd.
, 1891-NMSC-018, 6 N.M. 44, 27 P. 327.
It is only necessary to introduce certified copy
of the recorded brand in evidence, where evidence of ownership depends upon the brand on the animal.
State v. Analla
, 1913-NMSC-073, 18 N.M. 294, 136 P. 600;
Gale & Farr v. Salas
, 1901-NMSC-024, 11 N.M. 211, 66 P. 520.
Proving ownership without recorded brand.
— In a prosecution for larceny of livestock, testimony as to certain brands on the cattle, without proof that the brands have been recorded, was admissible to establish the identity of the cattle.
State v. Curry
, 1921-NMSC-047, 27 N.M. 205, 199 P. 367;
State v. Crosby
, 1917-NMSC-040, 23 N.M. 461, 169 P. 303;
Territory v. Harrington
, 1912-NMSC-006, 17 N.M. 62, 121 P. 613;
Territory v. Valles
, 1909-NMSC-026, 15 N.M. 228, 103 P. 984;
Territory v. Meredith
, 1907-NMSC-031, 14 N.M. 288, 91 P. 731;
Gale & Farr v. Salas
, 1901-NMSC-024, 11 N.M. 211, 66 P. 520.
Legal brand needed if sole proof.
— Where a person depends solely upon a brand found upon an animal to establish title thereto, it must appear that he has a legal brand, and that fact must be established in the legal way.
Territory v. Smith
, 1904-NMSC-017, 12 N.M. 229, 78 P. 42.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
4 Am. Jur. 2d Animals § 8 et seq.
3A C.J.S. Animals §§ 18 to 20.
2023 New Mexico Statutes › Chapter 77 - Animals and Livestock › Article 9 - Brands, Ownership, Transportation and Sale of Animals › Section 77-9-6 to 77-9-20 - Repealed and Recompiled.

ANNOTATIONS
Compiler's notes.
— Laws 1999, ch. 282, § 104 repealed 77-9-6 NMSA 1978, as enacted by Laws 1975, ch. 50, § 2, relating to certified copies of brands, effective July 1, 1999. For provisions of former section,
see
the 1998 NMSA 1978 on
NMOneSource.com
. For present comparable provisions,
see
77-9-5 NMSA 1978.
Laws 1999, ch. 282, § 103 recompiled 77-9-7 NMSA 1978, relating to change in ownership of brands and fees for transfer, as 77-2-7.1 NMSA 1978, effective July 1, 1999.
Laws 1999, ch. 282, § 11 recompiled and amended 77-9-8 NMSA 1978, relating to registration of brands and marks of livestock, as 77-2-7.2 NMSA 1978, effective July 1, 1999.
Laws 1999, ch. 282, § 12 recompiled and amended 77-9-9 NMSA 1978, relating to brand books, as 77-2-7.3 NMSA 1978, effective July 1, 1999.
Laws 1999, ch. 282, § 13 recompiled and amended 77-9-10 NMSA 1978, relating to recording brands before use, recording fees, and conflicting brands, as 77-2-7.4 NMSA 1978, effective July 1, 1999.
Laws 1999, ch. 282, § 14 recompiled and amended 77-9-11 NMSA 1978, relating to disposition of fees for the recording of brands, as 77-2-7.5 NMSA 1978, effective July 1, 1999.
Laws 1999, ch. 282, § 104 repealed 77-9-12 NMSA 1978, as amended by Laws 1993, ch. 248, § 47, requiring that certified brands be recorded by county clerks, effective July 1, 1999. For provisions of former section,
see
the 1998 NMSA 1978 on
NMOneSource.com
. For present comparable provisions,
see
77-9-5 NMSA 1978.
Laws 1999, ch. 282, § 15 recompiled and amended 77-9-13 NMSA 1978, relating to brand book, as 77-2-7.6 NMSA 1978, effective July 1, 1999.
Laws 1999, ch. 282, § 16 recompiled and amended 77-9-14 NMSA 1978, relating to more than one brand being unlawful, exceptions and penalty, as 77-2-7.7 NMSA 1978, effective July 1, 1999.
Laws 1999, ch. 282, § 17 recompiled and amended 77-9-15 NMSA 1978, relating brands of minors, as 77-2-7.8 NMSA 1978, effective July 1, 1999.
Laws 1999, ch. 282, § 18 recompiled and amended 77-9-16 NMSA 1978, relating to filing of facsimile, designation of brands, holding brand renewal and fee, branding increase, offenses and penalty, as 77-2-7.9 NMSA 1978, effective July 1, 1999.
Laws 1999, ch. 282, § 104 repealed 77-9-17 NMSA 1978, as enacted by Laws 1912, ch. 55, § 3, relating to recording of improper brands, effective July 1, 1999. For provisions of former section,
see
the 1998 NMSA 1978 on
NMOneSource.com
.
Laws 1999, ch. 282, § 103 recompiled 77-9-18 NMSA 1978, relating to brands, board may reject, as 77-2-7.10 NMSA 1978, effective July 1, 1999.
Laws 1999, ch. 282, § 103 recompiled 77-9-19 NMSA 1978, relating to brand, priority of right to, as 77-2-7.11 NMSA 1978, effective July 1, 1999.
Laws 1999, ch. 282, § 19 recompiled and amended 77-9-20 NMSA 1978, relating to rerecording of brands, notice, publication and fees, as 77-2-7.12 NMSA 1978, effective July 1, 1999.
2023 New Mexico Statutes › Chapter 77 - Animals and Livestock › Article 9 - Brands, Ownership, Transportation and Sale of Animals › Section 77-9-21 - Bills of sale; necessity and presumptions; definition of livestock.

A. No person shall buy, receive, sell, dispose of or have in his possession any livestock in this state unless the person selling or disposing of such livestock gives and the person buying or receiving such livestock takes a written bill of sale giving the number, kind, marks and brand of each animal sold which meets the requirements of Section 77-9-22 NMSA 1978.
B. The possession of livestock without having a written bill of sale meeting the requirements of Section 77-9-22 NMSA 1978 is prima facie evidence of illegal possession against any person charged with theft, unlawful possession, handling, driving or killing any livestock.
History:
1953 Comp., § 47-9-19, enacted by Laws 1971, ch. 196, § 1; 1993, ch. 248, § 55.
ANNOTATIONS
Repeals and reenactments.
— Laws 1971, ch. 196, § 1, repealed 47-9-19, 1953 Comp., relating to sales of animals, bills of sale and prima facie evidence where person charged with theft, and enacted the above section.
Cross references.
— For larceny of animals,
see
30-16-1 NMSA 1978.
The 1993 amendment,
effective June 18, 1993, substituted "Section 77-9-22 NMSA 1978" for "Section 47-9-19.1 NMSA 1953" in Subsections A and B; deleted former Subsection C defining "livestock"; and made minor stylistic changes.
2023 New Mexico Statutes › Chapter 77 - Animals and Livestock › Article 9 - Brands, Ownership, Transportation and Sale of Animals › Section 77-9-22 - Bills of sale; requirements; evidence of larceny.

A. A duly executed bill of sale is an instrument in writing by which the owner or his authorized agent transfers to the buyer the title to livestock described in the bill of sale and guarantees to defend the title against all lawful claims. It shall fully describe in detail the livestock, and such description shall include marks, brands and all other identification.
B. The bill of sale shall be executed the day of the transaction.
C. A purchase sheet properly executed by a licensed livestock auction market constitutes a valid bill of sale.
D. A registration certificate issued by a recognized pure-bred association, properly identifying the animal and properly acknowledged by the secretary of the association, may be used as proof of ownership.
E. An inspection certificate executed as a bill of sale and certified by an inspector may be used as proof of ownership.
F. The possession by any person of livestock having a brand not his recorded brand unless he has a bill of sale or authority in writing to possess or sell the livestock shall be take [taken] as prima facie evidence that he committed larceny of the livestock except in instances where stray or injured animals are inadvertently impounded and shall be sufficient for his conviction of larceny unless the evidence shows his innocence.
History:
1953 Comp., § 47-9-19.1, enacted by Laws 1971, ch. 196, § 2; 1999, ch. 282, § 50.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Cross references.
— For animals transferred without bill of sale as estrays,
see
77-9-40 NMSA 1978.
The 1999 amendment,
effective July 1, 1999, deleted the first two sentences of Subsection B, which read "The seller shall sign his name to and write in the bill of sale his social security or driver's license number and his post-office address in the presence of two witnesses who are legal residents of the county where the transfer of the described animals takes place. The witnesses shall sign their names and indicate their post-office addresses on the bill of sale"; substituted the language of Subsection C, which formerly read "In lieu of the signatures of two witnesses, the bill of sale may be acknowledged by a notary public or other officer authorized to take acknowledgments, or may be witnessed and certified by an inspector of the livestock board"; substituted "an inspector may be used" for "a duly authorized livestock inspector of the New Mexico livestock board may be used" in Subsection E; and added Subsection F.
2023 New Mexico Statutes › Chapter 77 - Animals and Livestock › Article 9 - Brands, Ownership, Transportation and Sale of Animals › Section 77-9-23 - Bill of sale of livestock; duty to exhibit; violation; penalty.

A. A person who has purchased or received or has in his possession any livestock either for himself or another shall exhibit the bill of sale for the livestock at the reasonable request of an inspector or other peace officer. A person who fails to produce the bill of sale required in Section 77-9-21 NMSA 1978 or who is unable to exhibit other written evidence of ownership or legal possession is guilty of a misdemeanor and shall be sentenced in accordance with the provisions of Section 31-19-1 NMSA 1978.
B. A person who has purchased or received or has in his possession any livestock either for himself or another and who cannot produce proof of ownership as required by Subsection A of this section shall have the livestock impounded. If sufficient proof of ownership has not been established to the satisfaction of the board within fifteen days of the impoundment, the impounded livestock will be handled and disposed of in the same manner as provided for the handling and disposal of estrays.
History:
Laws 1884, ch. 47, § 13; C.L. 1884, § 66; C.L. 1897, § 77; Code 1915, § 44; C.S. 1929, § 4-318; 1941 Comp., § 49-921; 1953 Comp., § 47-9-20; Laws 1963, ch. 252, § 1; 1971, ch. 196, § 3; 1975, ch. 139, § 5; 1999, ch. 282, § 51.
ANNOTATIONS
The 1999 amendment,
effective July 1, 1999, in the last sentence of Subsection A, updated a statutory reference, and added "and shall be sentenced in accordance with the provisions of Section 31-19-1 NMSA 1978" at the end; 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 77-9-24 - [Failure to exhibit; knowledge, intent, purpose and motive to be presumed.]

The provisions of the last two sections shall be liberally construed in favor of the people, and in order to convict of any offense made punishable in said sections it shall not be necessary for the prosecution to prove knowledge, intent, purpose or motive on the part of the accused, but such knowledge, intent, purpose and motive may be presumed when the wrongful act of the accused has been shown, and shall justify a conviction, unless the testimony in the case shall satisfactorily show the good faith and innocent purpose of the accused.
History:
Laws 1884, ch. 47, § 14; C.L. 1884, § 67; C.L. 1897, § 78; Code 1915, § 45; C.S. 1929, § 4-319; 1941 Comp., § 49-922; 1953 Comp., § 47-9-21.
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 substituted the words "last two sections," referring to Laws 1884, ch. 47, § 13, and Laws 1895, ch. 6, § 15, for the words "last three sections," referring to Laws 1884, ch. 47, §§ 11 to 13. Laws 1884, ch. 47, § 13, compiled as 77-9-23 NMSA 1978, is the only one of these sections presently compiled.
2023 New Mexico Statutes › Chapter 77 - Animals and Livestock › Article 9 - Brands, Ownership, Transportation and Sale of Animals › Section 77-9-25 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1999, ch. 282, § 104 repealed 77-9-25 NMSA 1978, as enacted by Laws 1895, ch. 6, § 19, relating to sale by range delivery, 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 9 - Brands, Ownership, Transportation and Sale of Animals › Section 77-9-26 - Sale by person not brand owner; bill of sale.

A person in this state who sells, transfers or delivers to another person in this state any livestock that is not branded or marked with the brand or mark of the person selling, transferring or delivering the livestock shall deliver to the person buying or receiving the livestock a bill of sale showing from whom the livestock was received as provided in Section 77-9-22 NMSA 1978.
History:
Laws 1921, ch. 159, § 1; C.S. 1929, § 4-321; 1941 Comp., § 49-924; 1953 Comp., § 47-9-23; Laws 1993, ch. 248, § 57; 1999, ch. 282, § 52.
ANNOTATIONS
The 1999 amendment,
effective July 1, 1999, substituted the language beginning "a bill of sale showing from whom" for "a bill of sale duly acknowledged. The bill of sale shall contain a full description of the animal sold, transferred or delivered, giving the brands and marks on the animal and showing from whom the animal was received together with the post office address of the person, firm or corporation from whom the animal was received or obtained", and made stylistic changes throughout the section.
The 1993 amendment,
effective June 18, 1993, added the current catchline; deleted "neat" preceding "cattle" in the first sentence; and made minor stylistic changes.
2023 New Mexico Statutes › Chapter 77 - Animals and Livestock › Article 9 - Brands, Ownership, Transportation and Sale of Animals › Section 77-9-27 - Violation; penalty.

A person who violates the provisions of Section 77-9-26 NMSA 1978 is guilty of a misdemeanor and upon conviction shall be sentenced in accordance with the provisions of Section 31-19-1 NMSA 1978 for each head in offense.
History:
Laws 1921, ch. 159, § 2; C.S. 1929, § 4-322; 1941 Comp., § 49-925; 1953 Comp., § 47-9-24; Laws 1993, ch. 248, § 58; 1999, ch. 282, § 53.
ANNOTATIONS
The 1999 amendment,
effective July 1, 1999, substituted "sentenced in accordance with the provisions of Section 31-19-1 NMSA 1978 for each head in offense" for "fined in a sum not less than twenty-five dollars ($25) and not more than five hundred dollars ($500) or by imprisonment not less than thirty days nor more than six months or by both such fine and imprisonment in the discretion of the court", and made a stylistic change at the beginning of the section.
The 1993 amendment,
effective June 18, 1993, added the current catchline; substituted "Section 77-9-26 NMSA 1978 is" for "the preceding Section shall be deemed"; and made minor stylistic changes.
2023 New Mexico Statutes › Chapter 77 - Animals and Livestock › Article 9 - Brands, Ownership, Transportation and Sale of Animals › Section 77-9-29 - Inspection rules.

In the exercise of the powers and performance of the duties conferred and prescribed by Sections 77-9-30 through 77-9-36 NMSA 1978 [repealed], the board shall make all necessary rules respecting the inspection of livestock intended for shipment or to be driven from a district or beyond the limits of this state and also respecting the inspection of hides and slaughterhouses in this state.
History:
Laws 1891, ch. 34, § 2; C.L. 1897, § 208; Code 1915, § 143; C.S. 1929, § 4-1429; 1941 Comp., § 49-926; 1953 Comp., § 47-9-26; Laws 1993, ch. 248, § 60; 1999, ch. 282, § 55.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Section 77-9-36 NMSA 1978, referred to in this section, was repealed by Laws 1999, ch. 282, § 104.
Cross references.
— For inspection of slaughterhouses,
see
77-9-33 NMSA 1978.
For inspection of hides,
see
77-9-54 NMSA 1978.
The 1999 amendment,
effective July 1, 1999, deleted "and regulations" following "rules" in the section heading and within the section text, inserted "from a district or", deleted "and for the government of all employees of the board" at the end of the section, and made a minor stylistic change.
The 1993 amendment,
effective June 18, 1993, added the present catchline; substituted "Sections 77-9-30 through 77-9-36 NMSA 1978, the board" for "Sections 144 to 150, the said sanitary board"; substituted "employees of the board" for "employees of said sanitary board"; and made a minor stylistic change.
2023 New Mexico Statutes › Chapter 77 - Animals and Livestock › Article 9 - Brands, Ownership, Transportation and Sale of Animals › Section 77-9-30 - Exported livestock; inspection of brands and ear marks; record.

The board shall cause the brands and ear marks upon livestock shipped or driven from a district or out of this state to be inspected and a true and correct record of the result of such inspections to be kept in the office of the director for three years. The record shall set forth the date of the inspection; the place where and the person by whom made; the name and current address of the owner, shipper or claimant of the livestock inspected or the names and current addresses of all persons in charge of the livestock at the time of the inspection; the destination of the livestock; a list of all brands and ear marks upon the livestock inspected; and the number and classification of the livestock.
History:
Laws 1891, ch. 34, § 3; C.L. 1897, § 209; Code 1915, § 144; C.S. 1929, § 4-1430; 1941 Comp., § 49-927; 1953 Comp., § 47-9-27; Laws 1993, ch. 248, § 61; 1999, ch. 282, § 56.
ANNOTATIONS
The 1999 amendment,
effective July 1, 1999, inserted "from a district or" and "for three years" in the first sentence; substituted "current address" and "current addresses" for "post office addresses" in the second sentence; and made stylistic changes throughout the section.
The 1993 amendment,
effective June 18, 1993, added the current catchline; in the first sentence, deleted "sanitary" preceding "board" and substituted "director of the board" for "secretary of said sanitary board" at the end; and made minor stylistic changes.
2023 New Mexico Statutes › Chapter 77 - Animals and Livestock › Article 9 - Brands, Ownership, Transportation and Sale of Animals › Section 77-9-31 - Export livestock to be inspected; penalties.

A. A person shipping or driving or receiving for shipment or driving any livestock from a district or out of this state shall hold the livestock for inspection as provided by law, and it is unlawful for any person to ship, drive or in any manner remove beyond the boundaries of the district or this state any livestock until they have been inspected except as provided in Section 77-9-42 NMSA 1978.
B. A person who knowingly ships, drives or receives for shipment or driving livestock from one district to another without an inspection is guilty of a misdemeanor and upon conviction shall be sentenced in accordance with the provisions of Section 31-19-1 NMSA 1978.
C. A person who knowingly ships or drives or receives for shipment or driving livestock out of state without an inspection is guilty of a fourth degree felony and upon conviction shall be sentenced in accordance with the provisions of Section 31-18-15 NMSA 1978.
History:
Laws 1891, ch. 34, § 4; C.L. 1897, § 210; Code 1915, § 145; C.S. 1929, § 4-1431; 1941 Comp., § 49-928; 1953 Comp., § 47-9-28; Laws 1993, ch. 248, § 62; 1999, ch. 282, § 57.
ANNOTATIONS
Cross references.
— For larceny of livestock,
see
30-16-1 NMSA 1978.
For notice to inspector of desire to transport,
see
77-9-43 NMSA 1978.
The 1999 amendment,
effective July 1, 1999, substituted "livestock" for "cattle" in the section heading; designated the formerly undesignated paragraph as Subsection A, which paragraph formerly read: "It is the duty of every person shipping or driving any cattle out of this state to hold the cattle for inspection as provided by law, and it is unlawful for any person to ship, drive or in any manner remove beyond the boundaries of this state any herd or band of cattle until they have been inspected", and added Subsections B and C.
The 1993 amendment,
effective June 18, 1993, added the current catchline and made minor stylistic changes.