A. For the purposes of this section, an estray is any livestock being driven or shipped from a district or from this state that is not properly identified as required by The Livestock Code [Chapter 77, Articles 2 to 18 NMSA 1978]; or not accompanied by a duly executed authority in writing by the owner of the recorded brand on the livestock authorizing the driving and handling of the livestock by the person in possession of the livestock.

B. If an inspector finds in or with the livestock he is inspecting an estray, he may seize and sequestrate the estray and hold and dispose of it in the manner provided by law for the disposition of unclaimed livestock by inspectors.

History: Laws 1895, ch. 6, § 16; C.L. 1897, § 120; Code 1915, § 130; C.S. 1929, § 4-1416; 1941 Comp., § 49-937; 1953 Comp., § 47-9-37; Laws 1993, ch. 248, § 66; 1999, ch. 282, § 61.

Cross references. — For place of inspection, see 77-9-32 NMSA 1978.

For seizure of livestock or carcasses intended for transport when without bill of sale or proof of ownership, see 77-9-45 NMSA 1978.

For disposition of unclaimed animals, see 77-13-4 and 77-13-5 NMSA 1978.

The 1999 amendment, effective July 1, 1999, added the subsection designations; in Subsection A, substituted "being driven or shipped from a district or from this state that is not properly identified as required by The Livestock Code" for "being driven from this state or of any county of this state for shipment, sale or slaughter not branded with the duly recorded brand of the person, company or corporation driving the animal or causing it to be driven; or not accompanied by a duly executed and acknowledged bill of sale or transfer in writing from the owner of the recorded brand on the animal", and substituted "in possession of the livestock" for "found driving the same"; in Subsection B, deleted the last two sentences, which read "The person having charge of and found driving the estray shall, in addition to any criminal prosecution to which the driving may make him liable, forfeit as damages to the owner of the brand on the estray a sum set by the court for each estray found in his possession, to be recovered by the owner in an action of debt before any magistrate in the county in which the animal is found or the county in which the owner resides. All reports of inspection made by any duly authorized inspector and verified by his oath or a duly certified copy of the reports by the director of the board and under his seal shall be taken as prima facie proof of the matters in any of the courts of this state; provided, that cattle being driven from this state for sale or shipment shall be inspected, if driven, at the state line and if shipped, at the place of shipment"; and made stylistic changes throughout the section.

The 1993 amendment, effective June 18, 1993, substituted "any cattle" for "any animal of the neat cattle kind" in the first sentence; substituted "a sum set by the court" for "the sum of twenty-five dollars" and "magistrate" for "justice of the peace" in the third sentence; substituted "director of the board" for "secretary of the cattle sanitary board" in the fourth sentence; and made minor stylistic changes.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 3A C.J.S. Animals §§ 123 to 136.