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.

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.