Upon receiving notice of the impoundment of an estray the director shall make or cause to be made an examination of the brand records. If from this record the name of the owner or probable owner can be determined, the director shall notify the owner of the impoundment of the estray and, upon the owner proving to the satisfaction of the board that the estray is lawfully his, the board shall issue to him an order to receive the estray upon payment of any reasonable charges that may have been incurred in the care of the estray impounded.
History: Laws 1907, ch. 80, § 3; Code 1915, § 159, C.S. 1929, § 4-1503; 1941 Comp., § 49-1503; Laws 1953, ch. 18, § 1; 1953 Comp., § 47-14-3; Laws 1977, ch. 165, § 2; 1999, ch. 282, § 82.
The 1999 amendment, effective July 1, 1999, made several stylistic changes throughout the section.
The 1977 amendment rewrote this section, which formerly dealt with duties of the secretary of the cattle sanitary board and the taking up of estrays.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 3A C.J.S. Animals § 128.
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.