A. It is unlawful for an owner of livestock in originally marking or branding livestock to make use of or keep up more than one mark or brand; provided that an owner may own and possess livestock in different marks or brands if they were acquired by him by purchase or other lawful manner and evidenced by a bill of sale from the previous owner of the livestock having such brands or from the heirs, executors, administrators or legal representatives of the owner. Livestock so acquired shall be branded or marked as provided in The Livestock Code by and with the recorded brand or mark of the person acquiring the livestock. It is lawful for the purpose of identification during the pendency of a mortgage or lien to brand the increase of the branded livestock in the recorded brand designated in the mortgage or lien.

B. A brand shall not be altered by placing another brand on it or in the same location.

C. A person who unlawfully brands livestock contrary to the provisions of The Livestock Code is guilty of a misdemeanor and upon conviction shall be punished in accordance with the provisions of Section 31-19-1 NMSA 1978 for each offense.

History: Laws 1895, ch. 6, § 13; C.L. 1897, § 117; Code 1915, § 128; Laws 1919, ch. 54, § 1; C.S. 1929, § 4-1414; 1941 Comp., § 49-913; 1953 Comp., § 47-9-12; Laws 1975, ch. 139, § 4; 1993, ch. 248, § 49; 1978 Comp., § 77-9-14, amended and recompiled as 1978 Comp., § 77-2-7.7 by Laws 1999, ch. 282, § 16.

Cross references. — For recording of holding brands, see 77-2-7.9 NMSA 1978.

For unlawful branding of animals, see 30-18-3 NMSA 1978.

The 1999 amendment, effective July 1, 1999, recompiled this section which was formerly 77-9-14 NMSA 1978 and, in Subsection A, deleted "in writing, properly acknowledged" following "bill of sale", substituted "brand or mark of the person acquiring the livestock" for "kept-up or running brand and mark of the person acquiring the animal within thirty days from the acquisition unless the present owner is given a written statement by the New Mexico livestock board or by the former owner granting permission and filed with the board for the present owner to use the recorded brand appearing on the livestock. In cases where animals having upon them a duly recorded brand may have had established against them a mortgage or other lien duly recorded in this state", inserted "a mortgage or" preceding "lien to brand", and substituted "branded livestock" for "animals"; added Subsection B; substituted "in accordance with the provisions of Section 31-19-1 NMSA 1978" for "by confinement in the county jail not to exceed twelve months or fined an amount not to exceed five hundred dollars ($500), or both" in Subsection C; and made stylistic changes throughout the section.

The 1993 amendment, effective June 18, 1993, inserted the subdivision designations "A" and "B"; inserted "and filed with the board" in the second sentence of Subsection A; substituted "is guilty of a misdemeanor and shall upon conviction" for "upon conviction thereof shall" and "or both, for each offense" for "or suffer both such fine and imprisonment in the discretion of the court" in Subsection B; and made minor stylistic changes.