If any duly authorized inspector should find any livestock or carcasses in the possession of any person, firm or corporation for use, sale or transporting by any means, and said person, firm or corporation in charge of said livestock or carcasses is not in possession of a bill of sale, duly acknowledged, or cannot furnish other satisfactory proof of lawful ownership or said inspector has good reason to believe that said livestock or carcasses, are stolen, said inspector shall refuse to issue a certificate authorizing the transportation of said livestock or carcasses, and shall seize and take possession of same.
History: Laws 1929, ch. 87, § 4; C.S. 1929, § 4-2104; 1941 Comp., § 49-942; 1953 Comp., § 47-9-41; Laws 1965, ch. 8, § 1.
Cross references. — For seizure of cattle being driven without bill of sale or proof of ownership, see 77-9-40 NMSA 1978.
Conditions warranting seizure of livestock not declared criminal. — Under certain conditions the inspector is directed by the statute to refuse to issue an inspection certificate and directed to seize and possess livestock or carcasses. The statute does not, however, declare the existence of those conditions to be criminal. State v. Ticknor, 1970-NMCA-001, 81 N.M. 118, 464 P.2d 408.
Possession of carcass for use without bill of sale is not prohibited by the statute. State v. Ticknor, 1970-NMCA-001, 81 N.M. 118, 464 P.2d 408.
Structure New Mexico Statutes
Chapter 77 - Animals and Livestock
Article 9 - Brands, Ownership, Transportation and Sale of Animals
Section 77-9-2 - [Earmarks; cutting; penalty.]
Section 77-9-3 - Necessity of brand; rebranding required; exceptions.
Section 77-9-4 - Penalty for failure to brand or rebrand; certain sales prohibited.
Section 77-9-5 - Brands of livestock; recording; evidence of ownership.
Section 77-9-6 to 77-9-20 - Repealed and Recompiled.
Section 77-9-21 - Bills of sale; necessity and presumptions; definition of livestock.
Section 77-9-22 - Bills of sale; requirements; evidence of larceny.
Section 77-9-23 - Bill of sale of livestock; duty to exhibit; violation; penalty.
Section 77-9-24 - [Failure to exhibit; knowledge, intent, purpose and motive to be presumed.]
Section 77-9-26 - Sale by person not brand owner; bill of sale.
Section 77-9-27 - Violation; penalty.
Section 77-9-28 - Importation of livestock; permit required; penalty.
Section 77-9-29 - Inspection rules.
Section 77-9-30 - Exported livestock; inspection of brands and ear marks; record.
Section 77-9-31 - Export livestock to be inspected; penalties.
Section 77-9-32 - Inspection of livestock for export; application; place; payment for delay.
Section 77-9-33 - Inspection of exported livestock; report; inspection of slaughterhouses; penalty.
Section 77-9-35 - Offense by inspectors; penalty.
Section 77-9-38 - Inspection fees; lien; record.
Section 77-9-43 - Notice of transport; inspection date and place.
Section 77-9-44 - Hides and pelts; exhibiting, tagging and marking.
Section 77-9-46 - [Officers may stop vehicles; failure to have certificate; arrest and seizure.]
Section 77-9-54 - Transportation of hides.
Section 77-9-55 - [Inspection of hides; butchers; offenses; penalty.]
Section 77-9-56 - Hide purchases; bill of sale; contents; penalty.