A. A brand shall not be used until recorded. A facsimile of the brand and a recording fee fixed by the board shall be forwarded to the director. One certified copy of the recorded brand shall be furnished to the owner of the brand by the director when the brand is recorded.

B. The director shall immediately record the brand unless it has been recorded previously or conflicts with a prior recorded brand. In that event, the director shall return the facsimile unrecorded and charge a fee for the research.

C. Additional certified copies of brands recorded may be obtained from the director by the payment of a fee to be fixed by the board in a sum not to exceed the amount prescribed by law.

History: Laws 1895, ch. 6, § 9; C.L. 1897, § 113; Code 1915, § 123; C.S. 1929, § 4-1409; 1941 Comp., § 49-908; Laws 1949, ch. 49, § 1; 1953 Comp., § 47-9-8; Laws 1959, ch. 249, § 2; 1971, ch. 50, § 3; 1975, ch. 91, § 2; 1981, ch. 357, § 6; 1978 Comp., § 77-9-10, amended and recompiled as 1978 Comp., § 77-2-7.4 by Laws 1999, ch. 282, § 13.

Cross references. — For more than one brand prohibited, see 77-2-7.7 NMSA 1978.

The 1999 amendment, effective July 1, 1999, recompiled this section which was formerly 77-9-10 NMSA 1978 and added the subsection designations; in Subsection A, deleted "in a sum not to exceed the amount prescribed by law" following "by the board" in the second sentence, and substituted "when the brand is recorded" for "immediately upon the brand being recorded" in the third sentence; in the last sentence of Subsection B, substituted "and charge a fee for the research" for "together with the fee"; and made stylistic changes throughout the section.

The 1981 amendment substituted "the amount prescribed by law" for "fifteen dollars ($15.00)" in the second sentence and "a fee to be fixed by the board in a sum not to exceed the amount prescribed by law" for "three dollars ($3.00) a copy" in the last sentence.

Law reviews. — For article, "Attachment in New Mexico - Part II," see 2 Nat. Resources J. 75 (1962).

Am. Jur. 2d, A.L.R. and C.J.S. references. — 3A C.J.S. Animals § 20.