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.

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 — Code 1915, § 31 (now repealed) required the drover of cattle, when stock of other owners should intermix with his herd, immediately to cut out and separate such stock from the drove, and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.