2019 New Mexico Statutes
Chapter 77 - Animals and Livestock
Article 13 - Estrays
Section 77-13-1 - Possession of estray unlawful.
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.
ANNOTATIONSCross 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.
