It is unlawful for a person other than an inspector to impound or retain possession of an estray except as provided in Sections 77-13-2 and 77-13-7 NMSA 1978. A person who impounds an estray contrary to the provisions of Chapter 77, Article 13 NMSA 1978 is guilty of a misdemeanor and upon conviction shall be sentenced in accordance with the provisions of Section 31-19-1 NMSA 1978 for each offense.
History: Laws 1907, ch. 80, § 8; Code 1915, § 164; C.S. 1929, § 4-1508; 1941 Comp., § 49-1508; 1953 Comp., § 47-14-8; Laws 1977, ch. 165, § 7; 1999, ch. 282, § 85.
The 1999 amendment, effective July 1, 1999, updated the statutory references in the first section, substituted "shall be sentenced in accordance with the provisions of Section 31-19-1 NMSA 1978" for "may be fined one hundred dollars ($100)" in the last sentence, and made stylistic changes.
The 1977 amendment rewrote this section, which formerly dealt with taking up estrays and provided a maximum fine of $500 for taking up estrays without notifying the cattle sanitary board.
Board may impound livestock upon roads within herd law districts. — The cattle sanitary board of New Mexico (now livestock board) does have the authority to take up and impound livestock with a legally recorded brand on them which are found running at large upon state or federal highways or upon public roads within herd law district areas. 1953 Op. Att'y Gen. No. 53-5864.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 3A C.J.S. Animals § 133.
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