It shall be unlawful for any person, corporation or company or its employees or agents to take up any estray and retain possession of the estray except as provided in Chapter 77, Article 13 NMSA 1978.
History: Laws 1907, ch. 80, § 1; Code 1915, § 157; C.S. 1929, § 4-1501; 1941 Comp., § 49-1501; 1953 Comp., § 47-14-1; Laws 1975, ch. 45, § 1; 1993, ch. 248, § 78.
Cross references. — For unbranded animals or those unaccompanied by bill of sale as estrays, see 77-9-40 NMSA 1978.
For illegal confinement of animals, see 30-18-5 NMSA 1978.
The 1993 amendment, effective June 18, 1993, rewrote this section to the extent that a detailed comparison is impracticable.
When horse not estray. — A horse whose brand was duly recorded and which was not 50 miles from its usual range was not an estray. State v. Miller, 1937-NMSC-076, 41 N.M. 618, 72 P.2d 1088.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 4 Am. Jur. 2d Animals § 66.
3A C.J.S. Animals § 123.
Structure New Mexico Statutes
Chapter 77 - Animals and Livestock
Section 77-13-1 - Possession of estray unlawful.
Section 77-13-2 - Impoundment of estray animals.
Section 77-13-3 - Examination of brand records; notice to owner; charge for care; limitation.
Section 77-13-4 - Owner unknown; publication and posting of notice.
Section 77-13-6 - Disposition of proceeds; record of sale; payments to owner.
Section 77-13-7 - Rights of impounder; charges; determination by board.
Section 77-13-8 - Impounding estray; failure to notify board; penalty.
Section 77-13-9 - Escape or removal of estray; possessory right of person impounding.